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01/19/2016 Council Agenda Packet
M RA N WON N MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 19, 2016, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member Pursuant to A.R. S. § 3 8- 431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on January 19, 2016, 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 01 /19/2016 Pagel of 303 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 Marana Regular Council Meeting 01 /19/2016 Page 2 of 303 P1 Proclaiming February 2016 as Love of Reading Month (Jocelyn C. Bronson) MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C Resolution 2016 -003 Relating to Development; approving a final plat for Marana Center, Parcel 1 Re- subdivision, Tract A and Lots 1 and 2 of Marana Center Parcel 1 generally located east of Interstate 10, on the north side of Marana Center Boulevard (Steve Cheslak) C Resolution No. 2016 -004: Relating to the Police Department; approving and authorizing the Town Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2015 Operation Stonegarden Grant Program (Lisa Shafer) C3 Resolution 2016 -005: Relating to Community Development; approving the Neighborhood Mediation Program and authorizing Town staff to administer it (Lisa Shafer) C4 Resolution No. 2016 -006: Relating to Development; approving the Anderson /Johns Final Plat Lots 1 and 2, located west of Camino de Oeste and south of the Camino del Norte alignment (Brian Varney) C5 Resolution No. 2016 -007: Relating to Parks and Recreation; approving and authorizing the Mayor to execute a mobile stage usage agreement between the Town of Marana and Community Food Bank Inc. (Jane Fairall) C6 Resolution No. 2016 -008: Relating to Real Estate; accepting the offer of compensation from the Arizona Department of Transportation for property rights needed for the Ina Road interchange project and authorizing the Town Engineer to execute the purchase agreement, conveyance instruments, and any and all other associated documents (Frank Cassidy) C7 Approval of January 5, 2016 Regular Council Meeting Minutes (Jocelyn C. Bronson) Marana Regular Council Meeting 01 /19/2016 Page 3 of 303 LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al PUBLIC HEARING: Ordinance No. 2016.001 Relating to Development; Approving a rezoning of approximately 155 acres of land located on Linda Vista Boulevard about a mile east of the Interstate 10 /Twin Peaks Road interchange from "R -6" Residential, "R -8" Residential, "C" Large Lot Zone, "F" Cascada Specific Plan and "F" Marana Spectrum Specific Plan to "F" Linda Vista Village at Cascada Specific Plan; approving a minor amendment to the General Plan amending the land use category from Low Density Residential to Master Plan Area; and approving and authorizing the Mayor to sign the "Agreement to Terminate the Talavera Development Agreement" for a portion of the Rezoning Area (Steve Cheslak) A2 Resolution No. 2016 -009: Relating to Heritage; approving and authorizing the Mayor to execute a community partner and license agreement between the Town of Marana and the Marana Heritage Conservancy (Anthony Hunter) A3 Resolution No. 2016 -010: Relating to Development; approving and authorizing the Mayor to execute the Foothills /Tapestry Procedural Development Agreement and Conditional Settlement Agreement for the property located west of Thornydale Road, about a quarter mile north of Moore Road, and about a quarter mile east of Dove Mountain Boulevard (Frank Cassidy) ITEMS FOR DISCUSSION /POSSIBLE ACTION D1 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. El 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 01 /19/2016 Page 4 of 303 FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2- 4 -2(B). ADJOURNMENT Marana Regular Council Meeting 01 /19/2016 Page 5 of 303 Council - Regular Meeting p1 Meeting Date: 01/19/2016 Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: January 19, 2016 Subject: Proclaiming February 2016 as Love of Reading Month (Jocelyn C. Bronson) Attachments Proclamation Love of Reading Month Marana Regular Council Meeting 01 /19/2016 Page 6 of 303 IM-M W11"I PROCLAMATION LOVE OF READING MONTH WHEREAS the citizens of the Town of Marana, Arizona stand firml committed to promotin readin as the catal for our students' future academic success, their preparation for America's j obs of the future, and their abilit to compete in a g lobal econom and WHEREAS our schools and libraries have provided si leadership in the area of communit involvement in the education of our y outh, g rounded in the principle that educational investment is ke to the communit well-bein and lon q ualit y of life; and WHEREAS important events like "Love of Readin Month" promote children's literac and the love of readin b communicatin to all a g roups that readin is fun, excitin and essential; and WHEREAS communit en in pro and activities is needed to enable our children to become the best readers in the world. NOW, THEREFORE., BE IT RESOLVED b the Ma and Council of the Town of Marana, Arizona,, that Februar 2016 is LOVE OF READING MONTH in Marana, and we encoura our citizens of all a to celebrate and embrace the practice and j o y of readin Dated this l9thda of J anuar y , 2016. w gwr�--, ollarml Ma Ed Hi ATTEST: cel C ronson Town Clerk Marana Re Council Meetin 01 /19/2016 )3 400 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C1 Meeting Date: 01/19/2016 To: Mayor and Council From: Steven Cheslak, Planner II Date: January 19, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution 2016 -003 Relating to Development; approving a final plat for Marana Center, Parcel 1 Re- subdivision, Tract A and Lots 1 and 2 of Marana Center Parcel 1 generally located east of Interstate 10, on the north side of Marana Center Boulevard (Steve Cheslak) Discussion: History The Marana Spectrum Specific Plan was approved by the Town Council on August 7, 2007 by Ordinance 2007.019 and was amended by Ordinance 2014.010 which allowed for the development of Marana Center. The final plat for Marana Center subdivision was approved by Town Council on August 5, 2014 by Resolution 2014 -073, recorded at sequence number 20142340180, which created five parcels. The Tucson Premium Outlets were constructed on parcel four of Marana Center and the remaining parcels are currently undeveloped. Request Marum and Associates Engineering, LLC, on behalf of Dupont Station Partners II, LLC, is requesting approval of the resubdivision of Marana Center Final Plat, Parcel 1 in order to create Marana Center, Parcel 1 Re- subdivision, Tract A and Lots 1 and 2. The new plat will subdivide the 56 acre, Parcel 1 into Lot 1 (2.9 acres), Lot 2 (3.1 acres) and the remaining portion, Tract A (50 acres). The two new lots are intended for commercial development and envisioned as locations for a restaurant, retail spaces and a hotel. Location Marana Regular Council Meeting 01 /19/2016 Page 8 of 303 The site is generally located east of Interstate 10, on the north side of Marana Center Boulevard within the Marana Center subdivision. Zoning The site is located within the Marana Spectrum Specific Plan area. The Specific Plan land use designation is Commercial which allows for a wide variety of commercial uses including retail, office and hotel. Access and Circulation The primary access to this development comes from multiple entrances on Marana Center Boulevard and is planned to connect to future development on adjacent parcels. Infrastructure and Utilities The development is currently served by Marana Water, Pima County Wastewater, Tucson Electric Power, Southwest Gas and Northwest Fire District. Staff Recommendation: Staff finds the final plat in compliance with Marana Spectrum Specific Plan, the Marana Land Development Code, and the Marana General Plan. Staff recommends the approval of the final plat for Marana Center, Parcel 1 Re- subdivision, Tract A and Lots 1 and 2 of Marana Center Parcel 1. Suggested Motion: I move to adopt Resolution 2016 -003, approving the final plat for Marana Center, Parcel 1 Re- subdivision, Tract A and Lots 1 and 2 of Marana Center Parcel 1. Attachments Resolution No. 2016 -003 PRV1510 -001 Marana Center Parcel 1 Resubdivision Final Plat Location Map Application Marana Regular Council Meeting 01 /19/2016 Page 9 of 303 MARANA RESOLUTION NO. 2016-003 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR MARANA CENTER, PARCEL 1 RE- SUBDIVISION, TRACT A AND LOTS 1 AND 2 OF MARANA CENTER PARCEL 1 GENERALLY LOCATED EAST OF INTERSTATE 10, ON THE NORTH SIDE OF MARANA CENTER BOULEVARD WHEREAS the amended Marana Spectrum Specific Plan was approved by the Town Council on May 6, 2014, by the adoption of Ordinance No. 2014.010; and WHEREAS the Marana Center Final Plat was approved by the Town Council on August 5 2014 by the adoption of Resolution No.2014.073; and WHEREAS Marum and Associates Engineering, LLC, representing the property owner, has applied for approval of a final plat for the resubdivision of Parcel 1 of Marana Center for Marana Center, Parcel 1 Re- subdivision, consisting of 56 acres, including Tract A and Lots 1 and 2, and generally located east of Interstate 10, on the north side of Marana Center Boulevard; and WHEREAS the Town Council determined at its January 19, 2016 meeting that the final plat for Marana Center, Parcel 1 Re- subdivision, Tract A and Lots 1 and 2 of Marana Center Parcel I. should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the final plat for Marana Center, Parcel 1 Re- subdivision, Tract A and Lots 1 and 2 of Marana Center Parcel 1, is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of January, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2016 -003 Marana Regular Council Meeting 01 /19/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney Page 10 of 303 DEDICATION VP MARANA INVESTMENTS, LLC, AND DUPONT STATION PARTNERS II, LLC UNDERSIGNED, HEREBY WARRANT THAT WE ARE ALL AND THE ONLY PAF ANY FEE TITLE INTEREST IN THE LAND SHOWN ON THIS PLAT, AND WE THE SUBDIVISION OF THIS LAND IN THE MANNER SHOWN ON THIS PLAT. WE AND OUR SUCCESSORS AND ASSIGNS HEREBY HOLD THE TOWN OF N EMPLOYEES, OFFICERS, AND AGENTS HARMLESS FROM AND AGAINST AN CLAIMS FOR DAMAGES RELATED TO THE USE OF THESE LANDS, NOW AN FUTURE BY REASON OF FLOODING, FLOWAGE, EROSION, OR DAMAGE CAL WHETHER SURFACE FLOOD, OR RAINFALL. NATURAL DRAINAGE SHALL NC DISTURBED, OR OBSTRUCTED WITHOUT THE APPROVAL OF THE TOWN OF VP MARANA INVESTMENTS, LLC: VP MARANA INVESTMENTS LLC, AN ARIZONA LIMITED LIABILITY COMPANY BY: VP VINTAGE PARTNERS, LLC, AN ARIZONA LIMITED LIABILITY COM I TS: M AN AGER BY: EDWARD & COMPANY LLC, AN ARIZONA LIMITED LIABILITY COMPA ITS: ADMINISTRATIVE AGENT BY: MARK E. ORTM AN, JR., ITS MANAGER DUPONT STATION PARTNERS II, LLC: DUPONT STATION PARTNERS II, LLC, A WASHINGTON STATE LIMITED LIAB BY: DUPONT STATION PARTNERS II, LLC ITS: MANAGING MEMBER BY: MICHAEL R AB STOFF, ITS MANAGING MEMBER ACKNOWLEDGEMENTS, STATE OF ARIZONA ) SS. COUNTY OF MARICOPA ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS r l% /'1 4f r \/ A A A M I/ r /'\ M T A A A A I I m T I I r A A A A I A /"\ r M /"\ f CASCADA VILLAGE 1 CASCADA APN 216- FIDELITY NATIONAL ATTN: RED POINT [ 8710 N THORNYD� TUCSON AZ E77 SO cp w � L20 R IW do 'o 0 L18 N \\ FD. 3" T.O.M. BRASS CAP STAMPED R.L.S. 27239 2015 MARANA CENTER PARCEL 5 SEQUENCE No. 20142340180 APN 221 -04 -0340 2 Location Map • L L :rte•- u° { • t 5 � 7 n k 5 'A Case Number: PRV1510 -001 , q Request: Approval of a final plat for the resubdivision of Parcel 1 of Marana Center Final Plat. Marana Regular Council Meeting 01 /19/2016 Page 15 of 303 n . MARANA VNI, Ne., ZZ/ I \ PLANNING ---__ 1, TY PE of AP PLICATION (Check One � P Flat Ld Final Plat ElGenera Plan Amendment Deve meat plan El S PIN Eland Plan Spec ific Plan Amendment Condit ona Use Perm it El Rezone/ Specific Plan Si g n ificant Land Use Ciia n g e Minor Land Div ision 1:1 a ter Plan D N'afiance N ative plant Permit D Nii Live plant Exception ElAnnexalion LJImprovement Plan (specify a in Description of Project box* 00ther Resubdivision of Parcel 1 (Ref: PRV- 14013F) 11555 W. Civic Center Drive, Bldg. A2 ■Marana, AZ 85653 - 7003 ■Telephone (520) 382 -2600 ■Fax (520) 382 -2641 Marana Regular Council Meeting 01 /19/2016 Page 16 of 303 2 . GENERAL DATA REQUIRED Assessor's Parcel 221 -04 -0300 General Plan Designation Number(s) (To be confirmed by staff) Current Zvning � Gross Area (Acre /SF) Panel 1 = 56.0343 Acres 12,440,856 S.F. Marana Center FP Resub of Parcel 1 Sp ecific Plan PCZ -06087 �To be confirmed by staff} � p _. _ Proposed Zoning Development/ Proj ect Name South East Corner of Interstate 10 & Twin Peaks Road Project Location Description of Project's Commercial, Retail and Mixed Use Development � Dupont Station Partners II, LLC 13936 N Sonoran Links Ct State Zip Code Phone # T Fax # E - Mail Address Property Owner Street Address City Marana AZ 85658 520 -395 -1086 888- 275 -2870 m _r @comcast -net Contact Person Michael R abstoff Managing Member - re_. Phone Number/ E -mail Same Applicant MOW Marum & Associates Engineering, LLC Street Address 2730 E Broadway Blvd, Ste 250 State Zip Code Phone # Fax # E -Mail Address City Tucson Az 85716 520 -307 -1832 Phone Number/ E -mail Contact Person Pat Marum, P. E 520- 307 -1832 / pmarum@ marumeng -com Age nt /Representative Street Address City State Zip Code Phone # Fax # E-Mail Address Town of Marana Business Contact Person License No. 3 . A U THO RIZATION of P ROPERTY OWN 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 aighorized4t writing by the ow • to file this application and checklist. (If not owner of record, attach written authorization from the owner.) Michael Rabstoff, Managing Member -' 10 - -15 Print Name of Applicant/ Agent Si re Date CaseLog# Date R eceived � 5i nature CRW# U 1�51D- M_� 11555 W. Civic Center Drive, Bldg. A2 ■Marana, AZ 85653 - 7003 ■Telephone (520) 382 -2600 ■Fax (520) 382 -2641 Marana Regular Council Meeting 01 /19/2016 Page 16 of 303 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C2 Meeting Date: 01/19/2016 To: Mayor and Council From: Lisa Shafer, Community Development Director Date: January 19, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2016 -004: Relating to the Police Department; approving and authorizing the Town Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2015 Operation Stonegarden Grant Program (Lisa Shafer) Discussion: The Town of Marana has been selected to participate in Operation Stonegarden activities in southern Arizona. Operation Stonegarden is a federally funded program originating with the 2006 Emergency Supplemental Appropriations Act for Defense, the Global War on Terror and Hurricane Recovery. Funding was renewed for the current fiscal year, providing the Town of Marana an opportunity to participate and receive funding for the seventh straight year. The program provides states the flexibility to use Department of Homeland Security grant funding to enhance coordination among state and federal law enforcement agencies at and near the U.S./Mexico border. The program requires states to identify and prioritize solutions to their border security needs and provides funding to state and local agencies to implement the state's individual goals and objectives. For 2015 -2016, the Town was awarded $165,377 under a subgrantee agreement with the Arizona Department of Homeland Security to support Operation Stonegarden. Funding will be used to augment and support Border Patrol coverage of egress from the border areas with state, local and tribal police agencies. Through participation in this operation, Marana will use its authority to control the routes and reduce the propensity for cross - border crime in the area. Patrols will concentrate on the 109 miles of arterial roadways serving as regional east -west connectors between State Route 77 and I -10 and the more than 57 miles of rural, mostly two -lane roads paralleling I -10 to the west. Marana Regular Council Meeting 01 /19/2016 Page 17 of 303 The Marana Police Department's primary goals are to: (1) reduce crime in border communities to improve the quality of life; (2) deter illegal entries through teamwork with other local and federal agencies; (3) assist in apprehending terrorists and terrorist weapons illegally entering the United States; and (4) coordinate operations with the Pima County Sheriff's Department and U.S. Border Patrol (USBP) Tucson Sector. Marana, in cooperation with the Pima County Sheriff and U.S. Border Patrol, will deploy officers along prime roadways prone to invoke illegal activity and national security concerns. Because Marana sits 60 miles from the Mexican Border and hosts segments of rural transportation routes traditionally used to smuggle undocumented workers and drugs up from Mexico, three specific areas will be targeted for Stonegarden activities: Area one: S andario road from Emigh to Avra Valley. Area two: Silverbell /Twin Peaks Corridor. Area three: Discretionary area to provide flexibility to the Chief of Patrol, USBP. To support this initiative Marana will deploy uniformed officers, a canine officer, and a supervisor with supporting staffing from dispatch. These deployments will be conducted in coordination with partnering agencies. Deployment dates will coincide with Operation COBIJA, Operation Knight Hunter, "surge" dates identified by HIDTA, United States Border Patrol, ICE, and internal /external intelligence information and trends. If contact and /or interaction are made with certain "persons of interest," notification will be made to the Office of Customs and Border Protection, U.S. Border Patrol or the appropriate agency. Deployments will be based on specific threats which can be targeted and countered and shifts in illegal traffic patterns due to increased enforcement actions. These activities will be coordinated through the USBP. Marana will identify these shift times and locations and address them accordingly. As an active participant in regional planning, emergency operations, and homeland security initiatives, the Marana Police Department has been impacted by increased contacts with illegal entrants and human and narcotics smugglers migrating through the community as focused enforcement has caused a deviated travel pattern from the US Mexican Border along the I -10 corridor. Financial Impact: Fiscal Year: 2016 Budgeted Y/N: Y Amount: $165,377 Funding has been awarded to support overtime and mileage reimbursement ($165,377). There is no match requirement from the Town for the funding. Staff Recommendation: Staff recommends approval of the Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2015 Operation Stonegarden Grant Program. Marana Regular Council Meeting 01 /19/2016 Page 18 of 303 Suggested Motion: I move to adopt Resolution No. 2016 -004 approving and authorizing the Town Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2015 Operation Stonegarden Grant Program. Attachments Resolution No. 2016 -004 Subrecipient Agreement Marana Regular Council Meeting 01 /19/2016 Page 19 of 303 MARANA RESOLUTION NO, 2016-004 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A SUBGRANTEE AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR PURPOSES OF RECEIVING FUNDS UNDER THE 2015 OPERATION STONEGARDEN GRANT PROGRAM. WHEREAS the Town of Marana recognizes its duty to protect its citizens concerning matters involving Homeland and Border Security; and WHEREAS the Marana Police Department is working with the Arizona Department of Homeland Security, United States Border Patrol, and other community agencies as a regional partner in the Operation Stonegarden Program; and WHEREAS the Arizona Department of Homeland Security has awarded grant funding to the Town for the provision of services provided in coordination with the Operation Stonegarden Pro- gram; and WHEREAS the Town Council finds that it is in the best interests of the community to enter into a Subgrantee Agreement with the Arizona Department of Homeland Security to be eligible to receive funds related to the Operation Stonegarden Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Subgrantee Agreement 15- AZDOHS- OPSG- 150420 -01 between the Arizona Department of Homeland Security and the Town of Marana, attached to and incorporated by this ref- erence in this resolution as Exhibit A, is hereby approved and the Town Manager is hereby author- ized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and objec- tives of the Subgrantee Agreement. -1- Marana Resolution No. 2016 -004 Marana Regular Council Meeting 01 /19/2016 Page 20 of 303 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19 day of January, 2016. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney -2- Marana Resolution No. 2016 -004 Marana Regular Council Meeting 01 /19/2016 Page 21 of 303 SUBRECIPIENT AGREEMENT Operation Stonegarden Grant Program — Overtime and Mileage 15-AZDOHS-OPSG- 150420-01 Enter Subrecipient Agreement Number Above (e.g., 150xxx -xx) Between The Arizona Department of Homeland Security And Town of Marana Enter the Name of the Subrecipient Agency Above WHEREAS, A.R.S. § 41 -4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibility of administering funds. THEREFORE, it is agreed that the AZDOHS shall provide funding to the Town of Marana Enter the Name of the Subrecipient Agency Above (subrecipient) for services under the terms of this Subrecipient Agreement. I. PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the responsibilities and procedures for the subrecipient's role in administering homeland security grant funds. II. TERM OF AGREEMENT, TERMINATION AND AMENDMENTS This Agreement shall become effective on January 1, 2016 and shall terminate on December 31 2016. The obligations of the subrecipient as described herein will survive termination of this agreement. III. DESCRIPTION OF SERVICES The subrecipient shall provide the services for the State of Arizona, Arizona Department of Homeland Security as approved in the grant application titled "OPSG Overtime and Mileage" and funded at $165 (as may have been modified by the award letter). Enter Funded Amount Above IV. MANNER OF FINANCING The AZDOHS shall under the U.S. Department of Homeland Security grant #EMW- 2015 -SS- 00084 -S01 and CFDA #97.067: a) Provide up to $165,377 to the subrecipient for services provided under Paragraph III E nter Fund Amount Above b) Payment made by the AZDOHS to the subrecipient shall be on a reimbursement basis only and is conditioned upon receipt of proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the subrecipient. A listing of acceptable documentation can be found at www.azdohs.gov Payments will be contingent upon receipt of all reporting requirements of the subrecipient under this Agreement. 15- AZDOHS -OPSG 150420 -01 Any unauthorized ;ntlgi�odgittliCdoflgMM" lgresoit 12torwination of this award. Version 9/23/2015 P R21of 303 V. FISCAL RESPONSIBILITY It is understood and agreed that the total amount of the funds used under this Agreement shall be used only for the project as described in the application. Any modification to quantity or scope of work must be preapproved in writing by the AZDOHS. Therefore, should the project not be completed, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. If the project is completed at a lower cost than the original budget called for, the amount reimbursed to the subrecipient shall be for only the amount of dollars actually spent by the subrecipient in accordance with the approved application. For any funds received under this Agreement for which expenditure is disallowed by an audit exemption or otherwise by the AZDOHS, the State, or Federal government, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. VI. FINANCIAL AUDIT /PROGRAMMATIC MONITORING The subrecipient agrees to terms specified in A.R.S. § 35 -214 and § 35 -215. a) In addition, in compliance with the Federal Single Audit Act (31 U.S.C. par. 7501 - 7507), as amended by the Single Audit Act Amendments of 1996 (P.L. 104 to 156), the subrecipient must have an annual audit conducted in accordance with 2 CFR 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) if the subrecipient expends more than $750,000 from Federal awards. If the subrecipient has expended more than $750,000 in Federal dollars, a copy of the subrecipient's audit report for the previous fiscal year and subsequent years within the period of performance is due annually to AZDOHS within nine (9) months of the subrecipient's fiscal year end. b) Subrecipients will be monitored periodically by the AZDOHS staff, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office -based reviews and on -site monitoring visits. Monitoring can involve aspects of the work involved under this contract including but not limited to the review and analysis of the financial, programmatic, equipment, performance, and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. VII. APPLICABLE FEDERAL REGULATIONS The subrecipient must comply with the Notice of Funding Opportunity (NOFO) Office of Management and Budget Code of Federal Regulations (CFR) 2 CFR 200: Uniform Guidance. The NOFO for this program is hereby incorporated into your award agreement by reference. By accepting this award, the subrecipient agrees that all allocation and use of funds under this grant will be in accordance with the requirements contained in the NOFO. Where applicable and with prior written approval from AZDOHS /DHS /FEMA, HSGP Program recipients using funds for construction projects must comply with the Davis -Bacon Act (40 U.S.C. 3141 et seq.). Recipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed. Additional information regarding compliance with the Davis -Bacon Act, including Department of Labor (DOL) wage determinations, is available from the following website htta: / /www.dol.govlcompliancellawslcomp-dbra.htm. 15- AZDOHS -OPSG 150420 -01 Any unauthorized ;ntlgi�odgittliCdoflgMM" tresoit 12torwination of this award. Version 9/23/2015 P rof 303 Included within the above mentioned guidance documents are provisions for the following National Incident Management System (NIMS) The subrecipient agrees to remain in compliance with National Incident Management System (NIMS) implementation initiatives as outlined in the applicable Notice of Funding Opportunity (NOFO). Environmental Planning and Historic Preservation The subrecipient shall comply with Federal EHP regulations, laws and Executive Orders as applicable. Subrecipients proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the DHS /FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that DHS /FEMA may determine whether the proposed project has the potential to impact environmental resources and /or historic properties. In some cases, DHS /FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed before funds are released to carry out the proposed project. DHS /FEMA will not fund projects that are initiated without the required EHP review. Additionally, all recipients are required to comply with DHS /FEMA EHP Policy Guidance. This EHP Policy Guidance can be found in FP 108 - 023 -1, Environmental Planning and Historic Preservation Policy Guidance, and FP 108.24.4, Environmental Planning and Historical Preservation Policy. Consultants /Trainers /Training Providers Billings for consultants /trainers /training providers must include at a minimum: a description of services; dates of services; number of hours for services performed; rate charged for services; and, the total cost of services performed. Consultant/trainer /training provider costs must be within the prevailing rates; must be obtained under consistent treatment with the procurement policies of the subrecipient and 2 CFR 200; and shall not exceed the maximum of $450 per day per consultant/trainer /training provider unless prior written approval is granted by the AZDOHS. In addition to the per day $450 maximum amount, the consultant /trainer /training provider may be reimbursed reasonable travel, lodging, and per diem not to exceed the State rate. Itemized receipts are required for lodging and travel reimbursements. The subrecipient will not be reimbursed costs other than travel, lodging, and per diem on travel days for consultants /trainers /training providers. Contractors /Subcontractors The subrecipient may enter into written subcontract(s) for performance of certain of its functions under the contract in accordance with terms established in 2 CFR 200 and the NOFO. The subrecipient agrees and understands that no subcontract that the subrecipient enters into with respect to performance under this Agreement shall in any way relieve the subrecipient of any responsibilities for performance of its duties. The subrecipient shall give the AZDOHS immediate notice in writing by certified mail of any action or suit filed and prompt notice of any claim made against the subrecipient by any subcontractor or vendor which, in the opinion of the subrecipient, may result in litigation related in any way to the Agreement with the AZDOHS. Personnel and Travel Costs All grant funds expended for personnel, travel, lodging, and per diem must be consistent with the subrecipient's policies and procedures; and the State of Arizona Accounting Manual (SRAM); must be applied uniformly to both federally financed and other activities of the agency; and will be reimbursed at the most restrictive allowability and rate. At no time will the subrecipient's 15- AZDOHS -OPSG 150420 -01 Any unauthorized ;ntlgi�odgittliCdoflgMM" tresoit 12torwination of this award. Version 9/23/2015 P kWof 303 reimbursement(s) exceed the State rate established by the Arizona Department of Administration, General Accounting Office Travel Policies: https: / /gao.az.gov Procurement The subrecipient shall comply with all internal agency procurement rules /policies and must also comply with Federal procurement rules /policies as outlined in section VII and all procurement must comply with Arizona State procurement code and rules. The Federal intent is that all Homeland Security Funds are awarded competitively. The subrecipient shall not enter into a Noncompetitive (Sole or Single Source) Procurement Agreement, unless prior written approval is granted by the AZDOHS. The Noncompetitive Procurement Request Form and instructions are located on the AZDOHS website: www.azdohs.goy/grants /. Training and Exercise The subrecipient agrees that any grant funds used for training and exercise must be in compliance with the applicable NOFO. All training must be approved through the ADEM /AZDOHS training request process prior to execution of training contract(s). All exercises must utilize the FEMA Homeland Security Exercise and Evaluation Program (HSEEP) guidance for exercise design, development, conduct, evaluation and reporting. Subrecipient agrees to: a) Submit an exercise summary and attendance /sign -in roster to AZDOHS with all exercise reimbursement requests. b) Within 90 days of completion of an exercise, or as prescribed by the most current HSEEP guidance, the exercise host subrecipient is required to email the After Action Report/Improvement Plan (AAR /IP) to the local County Emergency Manager, the AZDOHS Strategic Planner, and the Arizona Division of Emergency Management (ADEM) Exercise Branch. Nonsupplanting Agreement The subrecipient shall not use funds to supplant State or Local funds or other resources that would otherwise have been made available for this program /project. Further, if a position created by a grant is filled from within, the vacancy created by this action must be filled within thirty (30) days. If the vacancy is not filled within thirty (30) days, the subrecipient must stop charging the grant for the new position. Upon filling the vacancy, the subrecipient may resume charging for the grant position. E- Verify Compliance requirements for A.R.S. § 41- 4401 — immigration laws and E- Verify requirement. a) The subrecipient warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23 -214, Subsection A. (That subsection reads: "After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E- Verify program). b) A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract and the subrecipient may be subject to penalties up to and including termination of the Agreement. c) The AZDOHS retains the legal right to inspect the papers of any employee who works on the Agreement to ensure that the subrecipient is complying with the warranty under paragraph (a) above. 15- AZDOHS -OPSG 150420 -01 Any unauthorized ;ntlgi�odgittliCdoflgMM" tresoit 12torwination of this award. Version 9/23/2015 P L?54of 303 Property Control Effective control and accountability must be maintained for all property. The subrecipient must adequately safeguard all such property and must assure that it is used for authorized purposes as described in the NOFO, grant application, and Code of Federal Regulations 2 CFR 200. The subrecipient shall exercise caution in the use, maintenance, protection and preservation of such property. a) Equipment shall be used by the subrecipient in the program or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by federal grant funds. Subrecipient is required to maintain and utilize equipment as outlined in 2 CFR 200.313 - Equipment. Any loss, damage, or theft shall be investigated and reported to the AZDOHS. b) Nonexpendable Property and Capital Assets: 1. Nonexpendable Property is property which has a continuing use, is not consumed in use, is of a durable nature with an expected service life of one or more years, has an acquisition cost of $5,000 (Five Thousand Dollars) or more, and does not become a fixture or lose its identity as a component of other equipment or systems. 2. A Capital Asset is any personal or real property, or fixture that has an acquisition cost of $5,000 (Five Thousand Dollars) or more per unit and a useful life of more than one year. c) A Property Control Form (if applicable) shall be maintained for the entire scope of the program or project for which property was acquired through the end of its useful life and /or disposition. All Nonexpendable Property and Capital Assets must be included on the Property Control Form. The subrecipient shall provide AZDOHS a copy of the Property Control Form with the final quarterly programmatic report. A Property Control Form can be located at www.azdohs.pov/Grants /. The subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives to verify information. d) A physical inventory of Nonexpendable Property and Capital Assets must be taken and the results reconciled with the Property Control Form at least once every two years. 1. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated and reported to AZDOHS. 2. Adequate maintenance procedures must be developed to keep the property in good condition. e) When Nonexpendable Property and /or Capital Assets are no longer in operational use by the subrecipient, an updated Property Control Form must be submitted to AZDOHS immediately. The disposition of equipment shall be in compliance with the AZDOHS Disposition Guidance and 2 CFR 200. If the subrecipient is requesting disposition of Capital Assets for reasons other than theft, destruction, or loss, the subgrantee must submit an Equipment Disposition Request Form and receive approval prior to the disposition. The Equipment Disposition Request Form can be found at www.azdohs.gov/Grants /. Allowable Costs The allowability of costs incurred under this agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items as set forth in the applicable Code of Federal Regulations, authorized equipment lists, and guidance documents referenced above. 15- AZDOHS -OPSG 150420 -01 Any unauthorized ;ntlgi�odgittliCdoflgMM" tresoit 12torwination of this award. Version 9/23/2015 P rof 303 a) The subrecipient agrees that grant funds for any indirect costs that may be incurred are in accordance with 2 CFR 200 and the NOFO. b) The subrecipeint agrees that grant funds are not to be expended for any Management and Administrative (M &A) costs that may be incurred by the subrecipient for administering these funds unless explicitly applied for and approved in writing by the AZDOHS and shall be in compliance with the applicable NOFO. VIII. DEBARMENT CERTIFICATION The subrecipient agrees to comply with the Federal Debarment and Suspension regulations as outlined in the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions." All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. IX. FUNDS MANAGEMENT The subrecipient must maintain funds received under this Agreement in separate ledger accounts and cannot mix these funds with other sources. The subrecipient must manage funds according to applicable Federal regulations for administrative requirements, costs principles, and audits. The subrecipient must maintain adequate business systems to comply with Federal requirements. The business systems that must be maintained are: • Financial Management • Procurement • Personnel • Property • Travel A system is adequate if it is 1) written; 2) consistently followed — it applies in all similar circumstances; and 3) consistently applied — it applies to all sources of funds. X. REPORTING REQUIREMENTS Regular reports by the subrecipient shall include: a) Programmatic Reports The subrecipient shall provide quarterly programmatic reports to the AZDOHS within fifteen (15) working days of the last day of the quarter in which services are provided. The subrecipient shall use the form provided by the AZDOHS to submit quarterly programmatic reports. The report shall contain such information as deemed necessary by the AZDOHS. The subrecipient shall use the Quarterly Programmatic Report form, which is posted at www.azdohs.gov/Grants / . If the scope of the project has been fully completed and implemented, and there will be no further updates, then the quarterly programmatic report for the quarter in which the project was completed will be sufficient as the final report. The report should be marked as final and should be inclusive of all necessary and pertinent information regarding the project as deemed necessary by the AZDOHS. Quarterly programmatic reports shall be submitted to the AZDOHS until the entire scope of the project is completed. b) Quarterly Programmatic Reports are due: January 15 (for the period from October 1— December 31) April 15 (for the period from January 1 —March 31) July 15 (for the period from April 1 —June 30) October 15 (for the period from July 1 — September 30) c) Final Quarterly Report: The final quarterly report is due no more than fifteen (15) days after the end of the performance period. Subrecipients may submit a final quarterly report prior to the end of the 15- AZDOHS -OPSG 150420 -01 Any unauthorized ;ntlgi�odgittliCdoflgMM" tresoit 12torwination of this award. Version 9/23/2015 P L?76of 303 performance period if the scope of the project has been fully completed and implemented. The Property Control Form is due with the final quarterly report (if applicable). d) Property Control Form — if applicable: The subrecipient shall provide the AZDOHS a copy of the Property Control Form with the final quarterly report. a. In case of equipment disposition: The Property Control Form shall be updated and a copy provided to AZDOHS no more than forty -five (45) calendar days after equipment disposition, if applicable. The disposition of equipment must be in compliance with the AZDOHS Disposition Guidance and 2 CFR 200.313. e) Financial Reimbursements The subrecipient shall provide as frequently as monthly but not less than quarterly requests for reimbursement. Reimbursement requests are only required when expenses have been incurred. Reimbursement requests shall be submitted with the Reimbursement Form provided by the AZDOHS staff. The subrecipient shall submit a final reimbursement request for expenses received and invoiced prior to the end of the termination of this Agreement no more than forty -five (45) calendar days after the end of the Agreement. Requests for reimbursement received later than forty -five (45) days after the Agreement termination will not be paid. The final reimbursement request as submitted shall be marked FINAL. The AZDOHS requires that all requests for reimbursement are submitted via U.S. mail (United States Postal Service), Fed Ex, UPS, etc. or in person. Reimbursement requests submitted via fax or by any electronic means will not be accepted. The AZDOHS reserves the right to request and /or require any supporting documentation it feels necessary in order to process reimbursements. All reports shall be submitted to the contact person as described in Paragraph XL, NOTICES, of this Agreement. XI. ASSIGNMENT AND DELEGATION The subrecipient may not assign any rights hereunder without the express, prior written consent of both parties. XII. AMENDMENTS Any change in this Agreement including but not limited to the Description of Services and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representative of the subrecipient and the AZDOHS. The AZDOHS shall have the right to immediately amend this Agreement so that it complies with any new legislation, laws, ordinances, or rules affecting this Agreement. Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the subrecipient's compensation if applicable; 3) be titled as an "Amendment," and 4) be signed by the parties identified in the preceding paragraph. The subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. 15- AZDOHS -OPSG 150420 -01 Any unauthorized ;ntlgi�odgittliCdoflgMM" tresoit 12torwination of this award. Version 9/23/2015 P L?87of 303 XIII. US DEPARTMENT OF HOMELAND SECURITY AGREEMENT ARTICLES Article A — Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Article 6 - Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its sub - recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS /FEMA, you must request instructions from DHS /FEMA to make proper disposition of the equipment pursuant to 2 CFR § 200.313. Article C - DHS Specific Acknowledgements and Assurances All recipients of financial assistance must acknowledge and agree and require any subrecipients, contractors, successors, transferees, and assignees acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and /or awarding office. The United States has the right to seek judicial enforcement of these obligations. Article D - Use of DHS Seal, Logo and Flags All recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 15- AZDOHS -OPSG 150420 -01 Any unauthorized ;ntlgi�odgittliCdoflgMM" tresoit 12torwination of this award. Version 9/23/2015 P rof 303 Article E - USA Patriot Act of 2001 All recipients must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175 -175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. Article F - Trafficking Victims Protection Act of 2000 All recipients of financial assistance will comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a subrecipient 1. Engages in severe forms of trafficking in persons during the period of time that the award is in effect; 2. Procures a commercial sex act during the period of time that the award is in effect; or 3. Uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15. Article G -Non - supplanting Requirement All recipients must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non - Federal sources. Applicants or award recipients may be required to demonstrate and document that a reduction in non - Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. Article H - Lobbying Prohibitions All recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. Article I - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225(a), all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225. Article J -Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. §41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative 15- AZDOHS -OPSG 150420 -01 Any unauthorized ;ntlgi�odgittliCdoflgMM" tresoit 12torwination of this award. Version 9/23/2015 P Wof 303 guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision 6138942. Article K - Federal Debt Status All recipients are required to be non - delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A -129 and form SF -424, item number 17 for additional information and guidance. Article L -False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. § 3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801- 3812which details the administrative remedies for false claims and statements made. Article M - Duplication of Benefits State, Local and Tribal recipients must comply with 2 CFR Part §225, Appendix A, paragraph (C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. Article N - Drug -Free Workplace Regulations All recipients must comply with the Drug -Free Workplace Act of 1988 (412 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug -free workplace. These regulations are codified at 2 CFR 3001. Article O - Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). Article P - Best Practices for Collection and Use of Personally Identifiable Information (PII) All award recipients who collect PI are required to have a publicly - available privacy policy that describes what PI they collect, how they use the PI 1, whether they share PI with third parties, and how individuals may have their PI corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments guidance and template located at: http://www. dhs. gov/xlibrary /assets /privacy /privacy pia guidance /une201 O. pdf and http://www. dhs. gov/xlibrary /assets /privacy /privacy pia template. pdf respectively. Article Q - Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article R - Acknowledgement of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article S - Assurances, Administrative Requirements and Cost Principles Recipients of DHS federal financial assistance must complete OMB Standard Form 4248 Assurances — Non - Construction Programs. Certain assurances in this document may not be 15- AZDOHS -OPSG 150420 -01 Any unauthorized ;ntlgi�odgittliCdoflgMM" tresoit 12torwination of this award. Version 9/23/2015 OWMof 303 applicable to your program, and the awarding agency may require applicants to certify additional assurances. Please contact the program awarding office if you have any questions. The administrative and audit requirements and cost principles that apply to DHS award recipients originate from 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as adopted by DHS at 2 CFR Part 3002. Article T -Age Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Article U - Americans with Disabilities Act of 1990 All recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12101 - 12213). Article V - Title VI of the Civil Rights Act of 1964 All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), codified at 6 CFR Part 21 and 44 CFR Part 7, which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Article W- Civil Rights Act of 1968 All recipients must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. § 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) be designed and constructed with certain accessible features (see 24 CFR § 100.201). Article X - Limited English Proficiency (Civil Rights Act of 1964, Title VI) All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. In order to facilitate compliance with Title VI, recipients are encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755- 21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance 15- AZDOHS -OPSG 150420 -01 Any unauthorized ;ntlgi�odgittliCdoflgMM" tresoit 12torwination of this award. Version 9/23/2015 31?lof 303 https: / /www. dhs.gov/guidance- published - help - department - supported - organizations- provide- meaningful-accesspeople- limited and additional resources on http: / /www.lep.gov Article Y - SAFECOM Recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article Z - Title IX of the Education Amendments of 1975 (Equal Opportunity in Education Act) All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 6 CFR Part 17 and 44 CFR Part 19. Article AA - Rehabilitation Act of 1973 All recipients of must comply with the requirements of Section 504 of the Rehabilitation Act of 1973 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. Article AB - Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issues in compliance with this Act. Article AC - Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh -Dole Act, Pub. L. No. 96- 517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards are in 37 CFR Part 401 and the standard patent rights clause in 37 CFR § 401.14. Article AD- Procurement of Recovered Materials All recipients must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Article AE - Contract Provisions for Non - federal Entity Contracts under Federal Awards a) Contracts for more than the simplified acquisition threshold set at $150,000. All recipients who have contracts exceeding the acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by Civilian Agency Acquisition Council and the Defense Acquisition Regulation Council as authorized by 41 U.S.C. §1908, 15- AZDOHS -OPSG 150420 -01 Any unauthorized ;ntlgi�odgittliCdoflgMM" tresoit 12torwination of this award. Version 9/23/2015 0W3 303 must address administrative, contractual, or legal remedies in instance where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. b) Contracts in excess of $10,000. All recipients that have contracts exceeding $10,000 must address termination for cause and for convenience by the non - Federal entity including the manner by which it will be effected and the basis for settlement. Article AF - Terrorist Financing E.O. 13224 All recipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the E.O. and laws. Article AG - Whistleblower Protection Act All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 § 2409, 41 U.S.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. XIV. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, all services under this Agreement shall be performed within the borders of the United States. All storage and processing of information shall be performed within the borders of the United States. This provision applies to work performed by subcontractors at all tiers. XV. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind the AZDOHS for any contractual commitment in excess of the original Agreement period. XVI. RIGHT TO ASSURANCE If the AZDOHS in good faith has reason to believe that the subrecipient does not intend to, or is unable to perform or continue performing under this Agreement, the AZDOHS may demand in writing that the subrecipient give a written assurance of intent to perform. If the subrecipient fails to provide written assurance within the number of days specified in the demand, the AZDOHS at its option may terminate this Agreement. XVII. CANCELLATION FOR CONFLICT OF INTEREST The AZDOHS may, by written notice to the subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to A.R.S. § 38 -511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Agreement on behalf of the State or its subdivisions (unit of Local Government) is an employee or agent of any other party in any capacity or a consultant to any other party to the Agreement with respect to the subject matter of the Agreement. Such cancellation shall be effective when the parties to the Agreement receive written notice from the AZDOHS, unless the notice specifies a later time. XVIII. THIRD PARTY ANTITRUST VIOLATIONS The subrecipient assigns the State of Arizona any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to subrecipient toward fulfillment of this Agreement. XIX. AVAILABILITY OF FUNDS Every payment obligation of the AZDOHS under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If the funds are not allocated and available for the continuance of this Agreement, the AZDOHS may terminate 15- AZDOHS -OPSG 150420 -01 Any unauthorized ;ntlgi�odgittliCdoflgMM" tresoit 12torwination of this award. Version 9/23/2015 OW310of 303 this Agreement at the end of the period for which funds are available. No liability shall accrue to the AZDOHS in the event this provision is exercised, and the AZDOHS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph, including purchases and /or contracts entered into by the subrecipient in the execution of this Agreement. XX. FORCE MAJEURE If either party hereto is delayed or prevented from the performance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, performance of such act will be excused for the period of the delay. XXI. PARTIAL INVALIDITY Any term or provision of this Agreement that is hereafter declared contrary to any current or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed stricken from this Agreement without impairing the validity of the remainder of this Agreement. XXII. ARBITRATION In the event of any dispute arising under this Agreement, written notice of the dispute must be provided to the other party within thirty (30) days of the events giving the rise to the dispute. The subrecipient agrees to terms specified in A.R.S. § 12 -1518. XXIII. GOVERNING LAW AND CONTRACT INTERPRETATION a) This Agreement shall be governed and interpreted in accordance with the laws of the State of Arizona. b) This Agreement is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms in this document. c) Either party's failure to insist on strict performance of any term or condition of the Agreement shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object. XXIV. ENTIRE AGREEMENT This Agreement and its Exhibits constitute the entire Agreement between the parties hereto pertaining to the subject matter hereof and may not be changed or added to except by a writing signed by all parties hereto in conformity with Paragraph XII, AMENDMENTS. The subrecipient agrees to comply with any such amendment within ten (10) business days of receipt of a fully executed amendment. All prior and contemporaneous agreements, representations, and understandings of the parties, oral, written, pertaining to the subject matter hereof, are hereby superseded or merged herein. XXV. RESTRICTIONS ON LOBBYING The subrecipient shall not use funds made available to it under this Agreement to pay for, influence, or seek to influence any officer or employee of a State or Federal government. XXVI. LICENSING The subrecipient, unless otherwise exempted by law, shall obtain and maintain all licenses, permits, and authority necessary to perform those acts it is obligated to perform under this Agreement. 15- AZDOHS -OPSG 150420 -01 Any unauthorized ;ntlgi�odgittliCdoflgMM" tresoit 12torwination of this award. Version 9/23/2015 OWA4of 303 XXVII. NON - DISCRIMINATION The subrecipient shall comply with all State and Federal equal opportunity and non - discrimination requirements and conditions of employment, including the Americans with Disabilities Act, in accordance with A.R.S. title 41, Chapter 9, Article 4 and Executive Order 2009 -09. XXVIII. SECTARIAN REQUESTS Funds disbursed pursuant to this Agreement may not be expended for any sectarian purpose or activity, including sectarian worship or instruction in violation of the United States or Arizona Constitutions. XXIX. SEVERABILITY The provisions of this Agreement are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Agreement. XXX. ADVERTISING AND PROMOTION OF AGREEMENT The subrecipient shall not advertise or publish information for commercial benefit concerning this Agreement without the written approval of the AZDOHS. XXXI. OWNERSHIP OF INFORMATION. PRINTED AND PUBLISHED MATERIAL The AZDOHS reserves the right to review and approve any publications funded or partially funded through this Agreement. All publications funded or partially funded through this Agreement shall recognize the AZDOHS and the U.S. Department of Homeland Security. The U.S. Department of Homeland Security and the AZDOHS shall have full and complete rights to reproduce, duplicate, disclose, perform, and otherwise use all materials prepared under this Agreement. The subrecipient agrees that any report, printed matter, or publication (written, visual, or sound, but excluding press releases, newsletters, and issue analyses) issued by the subrecipient describing programs or projects funded in whole or in part with Federal funds shall contain the following statement: "This document was prepared under a grant from the U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Homeland Security." The subrecipient also agrees that one copy of any such publication, report, printed matter, or publication shall be submitted to the AZDOHS to be placed on file and distributed as appropriate to other potential subrecipients or interested parties. The AZDOHS may waive the requirement for submission of any specific publication upon submission of a request providing justification from the subrecipient. The AZDOHS and the subrecipient recognize that research resulting from this Agreement has the potential to become public information. However, prior to the termination of this Agreement, the subrecipient agrees that no research -based data resulting from this Agreement shall be published or otherwise distributed in any form without express written permission from the AZDOHS and possibly the U.S. Department of Homeland Security. It is also agreed that any report or printed matter completed as a part of this agreement is a work for hire and shall not be copyrighted by the subrecipient. XXXII. CLOSED - CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS Any television public service announcement that is produced or funded in whole or in part by the subrecipient shall include closed captioning of the verbal content of such announcement. 15- AZDOHS -OPSG 150420 -01 Any unauthorized ;ntlgi�odgittliCdoflgMM" tresoit 12torwination of this award. Version 9/23/2015 PWA5of 303 XXXIII. INDEMNIFICATION Each party (as "Indemnitor ") agrees to defend, indemnify, and hold harmless the other party (as "Indemnitee ") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims ") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious /derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. The State of Arizona, (State Agency) is self- insured per A.R.S. 41 -621. In addition, should subrecipient utilize a contractor(s) and subcontractor(s), the indemnification clause between subrecipient and contractor(s) and subcontractor(s) shall include the following: Contractor shall defend, indemnify, and hold harmless the (insert name of other governmental entity) and the State of Arizona, and anyjurisdiction or agency issuing any permits for any work arising out of this Agreement, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as "Indemnitee') from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims') for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Additionally on all applicable insurance policies, contractor and its subcontractors shall name the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as an additional insured and also include a waiver of subrogation in favor of the State. XXXIV. TERMINATION a) All parties reserve the right to terminate the Agreement in whole or in part due to the failure of the subrecipient or the grantor to comply with any term or condition of the Agreement, to acquire and maintain all required insurance policies, bonds, licenses, and permits or to make satisfactory progress in performing the Agreement. The staff of either party shall provide a written thirty (30) day advance notice of the termination and the reasons for it. b) If the subrecipient chooses to terminate the contract before the grant deliverables have been met then the AZDOHS reserves the right to collect all reimbursements distributed to the subrecipient. c) The AZDOHS may, upon termination of this Agreement, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this Agreement. The subrecipient shall be liable to the AZDOHS for any excess costs incurred by the AZDOHS in procuring materials or services in substitution for those due from the subrecipient. XXXV. CONTINUATION OF PERFORMANCE THROUGH TERMINATION The subrecipient shall continue to perform, in accordance with the requirements of the Agreement, up to the date of termination, as directed in the termination notice. 15- AZDOHS -OPSG 150420 -01 Any unauthorized ;ntlgi�odgittliCdoflgMM" tresoit 12torwination of this award. Version 9/23/2015 3 O 303 XXXVI. PARAGRAPH HEADINGS The paragraph headings in this Agreement are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this Agreement or any of its provisions. XXXVII. COUNTERPARTS This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one agreement. XXXVIII. AUTHORITY TO EXECUTE THIS AGREEMENT Each individual executing this Agreement on behalf of the subrecipient represents and warrants that he or she is duly authorized to execute this Agreement. XXXIX. SPECIAL CONDITIONS a) The subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements b) The subrecipient acknowledges that the U.S. Department of Homeland Security and the AZDOHS reserve a royalty -free, non - exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (a) the copyright in any work developed under an award or sub - award; and (2) any rights of copyright to which a subrecipient purchases ownership with Federal support. The subrecipient shall consult with the AZDOHS regarding the allocation of any patent rights that arise from, or are purchased with, this funding. c) The subrecipient agrees to cooperate with any assessments, state /national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. d) The subrecipient is prohibited from transferring funds between programs (State Homeland Security Program, Urban Area Security Initiative, Operation Stonegarden). 15- AZDOHS -OPSG 150420 -01 Any unauthorized ;ntlgi�odgittliCdoflgMM" tresoit 12torwination of this award. Version 9/23/2015 OW3137of 303 XL. NOTICES Any and all notices, requests, demands, or communications by either party to this Agreement, pursuant to or in connection with this Agreement shall be in writing, be delivered in person, or shall be sent to the respective parties at the following addresses: Arizona Department of Homeland Security 1700 West Washington Street, Suite 210 Phoenix, AZ 85007 The subrecipient shall address all programmatic and reimbursement notices relative to this Agreement to the appropriate AZDOHS staff; contact information at www.azdohs.gov The AZDOHS shall address all notices relative to this Agreement to: Director of Community Development & Neighborhood Services, Lisa Shafer Enter Title, First & Last Name Above Town of Marana Enter Agency Name Above 11555 West Civic Center Drive Enter Street Address Above Marana, AZ 85653 Enter City, State, ZIP Above XLL IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. FOR AND BEHALF OF THE FOR AND BEHALF OF THE Town of Marana Arizona Department of Homeland Security Enter Agency Name Above Authorized Signature Above Gilbert M. Orrantia Gilbert Davidson, Town Ma nager Director Print Name & Title Above 01/19/2016 Enter Date Above Date (Complete and mail two original documents to the Arizona Department of Homeland Security.) 15- AZDOHS -OPSG 150420 -01 Any unauthorized ;ntlgi�odglttliCdoflgMM" lgresoit 12torwination of this award. Version 9/23/2015 PWA15of 303 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C3 Meeting Date: 01/19/2016 To: Mayor and Council From: Lisa Shafer, Community Development Director Date: January 19, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution 2016 -005: Relating to Community Development; approving the Neighborhood Mediation Program and authorizing Town staff to administer it (Lisa Shafer) Discussion: In an effort to better serve our residents, the Town would like to put into place a Neighborhood Mediation Program. The goal of this program is to enhance the peace, comfort and enjoyment of the Marana community for our residents by providing mediation services for a variety of neighborhood conflicts at no cost to the parties involved. In many cases, staff has come across situations that do not fall under the purview of the Marana Police Department or Code Enforcement. Having a mediation program allows town staff to offer a service that the residents can choose to enter into to help them resolve their conflicts. The following types of neighborhood conflicts are eligible to receive mediation services: • Disputes regarding parking, noise, vegetation, and encroachments • Disputes regarding animal noise and keeping • Other disputes of similar type and scope If the Council approves this policy, the Town will enter into an agreement with Our Family Services, Inc., through the use of a Town of Oro Valley cooperative contract, to provide mediation services for the Town of Marana on authorized cases. Financial Impact: Fiscal Year: 2016 Marana Regular Council Meeting 01 /19/2016 Page 40 of 303 Budgeted Y/N: Y Amount: $5,000 Staff Recommendation: Staff recommends approval of the Neighborhood Mediation Program Policy. Suggested Motion: I move to adopt Resolution 2016 -005, approving the Neighborhood Mediation Program and authorizing Town staff to administer it. Attachments Resolution No. 2016 -005 Mediation Policy Marana Regular Council Meeting 01 /19/2016 Page 41 of 303 MARANA RESOLUTION NO. 2016-005 RELATING TO COMMUNITY DEVELOPMENT; APPROVING THE NEIGHBORHOOD MEDIATION PROGRAM AND AUTHORIZING TOWN STAFF TO ADMINISTER IT WHEREAS in January 2015, the Town Council adopted the Town of Marana Strategic Plan III, identifying Community as one of its five focus areas, with the principle statement "We will maintain and enhance our reputation as a safe and well - planned community "; and WHEREAS the Town of Marana desires to establish a Neighborhood Mediation Program to enhance the peace, comfort and enjoyment of the Marana community for our residents by providing mediation services for a variety of neighborhood conflicts at no cost to the parties in mediation; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to approve the Neighborhood Mediation Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Neighborhood Mediation Program, as described and set forth in Exhibit A, attached to and incorporated by this reference in this resolution, is hereby approved. SECTION 2. Town staff is authorized to administer the Neighborhood Mediation Pro- gram, and the various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of January, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00044680.DOCX /1 Marana Resolution No. 2016 -005 Marana Regular Council Meeting 01 /19/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney -I - Page 42 of 303 MARANA r�=/ I \ NEIGHBORHOOD MEDIATION PROGRAM Effective Date: January 19, 2016 Approved: Marana Resolution No. 2016 -005 GOAL The goal of the Neighborhood Mediation Program is to enhance the peace, comfort and enjoyment of the Marana community for our residents by providing mediation services for a variety of neighborhood conflicts at no cost to the parties in mediation. Mediation is a private, voluntary process in which parties in dispute agree to make a good faith effort to resolve conflicts in an honest and courteous manner with the assistance of an impartial mediator. The role of the mediator is to facilitate the discussion and guide the involved parties through the process; the parties make all the decisions in mediation and are responsible for the outcome. The goal of mediation is for the parties to work together to identify contested issues and then brainstorm ways to resolve the issues. PROGRAM ELEMENTS Pending availability of funding, the Town may authorize the expenditure of budgeted funds in the Community Development and Neighborhood Services Department for mediation services for the following types of neighborhood conflicts: • Disputes regarding parking, noise, vegetation, and encroachments • Disputes regarding animal noise and keeping* • Other disputes of similar type and scope *Animal noise complaints must go through Pima Animal Care Center processes before being referred to mediation. PROGRAM CONTACT Christine Byler, Community Development Coordinator (520) 382 -1926 1 cbyler @maranaaz.gov Marana Regular Council Meeting 01 /19/2016 Page 43 of 303 ADMINISTRATION 1. The Police Department, Code Enforcement, or other Town Departments may contact the Community Development and Neighborhood Services Department (CDNS) regarding neighborhood conflicts which may be eligible for mediation services pursuant to this Program. 2. CDNS staff will review all information provided by the referring department and determine whether mediation is appropriate for each referred dispute. 3. If CDNS determines that the dispute in question will be referred under the Program, CDNS will contact the Town's mediation services provider to advise the provider of the required services and to provide necessary contact information for scheduling. 4. Participants will be required to complete and submit the Neighborhood Mediation Program Application and Acknowledgement Form prior to being approved for mediation services. (See Attachment A) 5. The Town's mediation services provider shall contact the participating parties to schedule mediation. 6. CDNS will communicate with the mediation services provider for purposes of case tracking and will compile the following data: a. Case number b. Date received c. Type of issue d. Names of involved parties e. Mediation date(s) f. Mediation location g. Mediator(s)' names h. Did mediation occur? i. If no, why? j. Was the matter resolved? k. Was a written agreement entered into by the parties? 1. Status 7. Upon conclusion, CDNS will collect survey data from participants and advise appropriate Town department(s) of status. ATTACHMENTS Attachment A - Neighborhood Mediation Program Application and Acknowledgement Form 2 Marana Regular Council Meeting 01 /19/2016 Page 44 of 303 Attachment A NEIGHBORHOOD MEDIATION PROGRAM TOWN OF MARANA Application and Acknowled Form APPLICANT INFORMATION Applicant Name: Daytime Phone #: Email: CONFLICT INFORMATION Address of conflict: City: State: Zip Code: Names of involved parties: Brief summary of conflict: ACKNOWLEDGEMENT In consideration of my application to participate in the Town of Marana Neighborhood Mediation Program, I agree to and acknowledge all of the following terms and conditions of the Program: • All mediation rules /guidelines enacted by the mediator must be followed. • All releases and any other forms required by the mediator must be completed and submitted. • Parties must attend all scheduled sessions. If a scheduling conflict arises, parties must contact the mediator at least 24 hours in advance to make other arrangements. • Mediation sessions shall be confidential; the mediator will advise the Town of Marana only that the mediation occurred and whether or not it was successful. • Notwithstanding the general statement of confidentiality, mediators are required to report suspected child or elder abuse, neglect, or exploitation to appropriate officials. Additionally, threats of bodily harm to oneself or another person will also be reported. • Neither the Town of Marana nor any mediator shall be liable to any party for any act or omission connected with any mediation service provided by the Town of Marana. • Parties must complete a brief survey upon conclusion of mediation to assist in monitoring Program effectiveness. Signature: Date: Signature: Date: Marana Regular Council Meeting 01 /19/2016 Page 45 of 303 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C4 Meeting Date: 01/19/2016 To: Mayor and Council From: Brian Varney, Planner II Date: January 19, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2016 -006: Relating to Development; approving the Anderson /Johns Final Plat Lots 1 and 2, located west of Camino de Oeste and south of the Camino del Norte alignment (Brian Varney) Discussion: History The property subject to this final plat is located within an area formerly known as the Hartman Hills Specific Plan. The Town Council adopted Ordinance No. 2002.18 on November S, 2002 approving a rezoning of approximately 431 acres from 'F' Specific Plan to R -144 (Single- Family Residential). The Town Council adopted Amended Ordinance No. 2002.18 on January 21, 2003 approving an amendment to rezone the approximately 431 acres to R-36 (Single- Family Residential). A condition of rezoning requires the written consent of the Town of Marana for any lot split of any kind. Approval of this plat will provide the Town's written consent. Request Cypress Civil Development is requesting approval of the Anderson /Johns Final Plat Lots 1 and 2. The plat proposes to subdivide a 2.21 -acre property into two equal -sized lots for the purpose of accommodating two single - family residences. Zoning The zoning of the property is R -36 (Single - Family Residential). Access and Circulation Both lots are proposed to be directly accessed off of Camino de Oeste. Infrastructure and Utilities Marana Regular Council Meeting 01 /19/2016 Page 46 of 303 The property is located within Marana Water's intended service area, and Pima County sewer lines are located adjacent to the property within Camino de Oeste. The area is served by TRICO, Southwest Gas, and Mountain Vista Fire. Staff Recommendation: Staff finds that the final plat is in compliance with Amended Ordinance No. 2002.18, the Marana Land Development Code, and the Marana General Plan. Staff recommends approval of the Anderson / Johns Final Plat Lots 1 and 2. Suggested Motion: I move to adopt Resolution 2016 -006, approving the Anderson / Johns Final Plat Lots 1 and 2. Attachments Resolution No. 2016 -006 Location Map PRV 1312 -003 Final Plat for Anderson / Johns Development Application Marana Regular Council Meeting 01 /19/2016 Page 47 of 303 MARANA RESOLUTION NO. 2016-006 RELATING TO DEVELOPMENT; APPROVING THE ANDERSON / JOHNS FINAL PLAT LOTS 1 AND 2, LOCATED WEST OF CAMINO DE OESTE AND SOUTH OF THE CAMINO DEL NORTE ALIGNMENT WHEREAS the Mayor and Council adopted Marana Ordinance No. 2002.18 on November 5, 2002 approving a rezoning of approximately 431 acres of land generally located west of Camino de Oeste and south of the Camino del Norte alignment from `F' Specific Plan to R -144 (Single- Family Residential); and WHEREAS, the Mayor and Council adopted Amended Ordinance No. 2002.18 on January 21, 2003 approving an amendment to rezone the approximately 431 acres to R -36 (Single - Family Residential); and WHEREAS a condition of rezoning requires the written consent of the Town of Marana for any lot split of any kind; and WHEREAS Cypress Civil Development has applied for approval of the Anderson / Johns Final Plat Lots 1 and 2 consisting of approximately 2.21 acres, generally located west of Camino de Oeste and south of the Camino del Norte alignment; and WHEREAS the Mayor and Council, at their regular meeting on January 19, 2016, determined that the Anderson / Johns Final Plat Lots 1 and 2 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Anderson / Johns Final Plat Lots 1 and 2 is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of January, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2016 -006 Marana Regular Council Meeting 01 /19/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 1/8/2016 4:38 PM BV /FC Page 48 of 303 P PRV1312=003 Anderson /Johns Final Plat Lots 1 and 2 ana Regular Council Meeting 01 /19/2016 Th is map was 9 r # ff -n tf*e Towr[ of Marana's G I S 'eb ma ppjpQ sy. „ -a rid is 20 be used for refort r9c u u s-e on Iy GIS data is Gons(a n tty c h anging :sD laye ; ti al appear an EMT. rn-AR may 01 ri - my not t* ac. c urate or c urgent depenoEn g on 1# E� d45te Pnrj lime khan map was cre -Bted. l Y MA RANA =/ i PLANNING & ENGINEERING APPLICATION 1. TYPE OF APPLICATION (Check One ❑ Preliminary Plat JZ Final Plat ❑ General Plan Amendment ❑ Development Plan El SWPP ❑ Landscape Plan ❑ Specific Plan Amendment ❑ Conditional Use Permit ❑ Rezone/Specific Plan El Significant Land Use Change ❑ Minor Land Division ❑ Water Plan ❑ Specific Plan ❑ Improvement Plan (specifytVDe in Descri ti on of Pro' ect box* ❑ Other Assessor's Parcel timber( Gross Area (Acre /Sq. Ft_) Development/Proj ect Name Project Location Description of Project* z Z 4� Property Owner I P m� �Yl JaV, ��hcb�erso� _ Ap e1� ►���f l2 Street Address L� Z��' /�/ �.5 I C; S to Zip Code Phone Number Fax Number E -Mail Address � �icGs o � Contact Person Phone Number / E -mail Applicant Street Address � `�� �^ ! ✓� �n4 }G City _, State Zip Code Phone Number Fax Number E -Mail Address 47, g 5 7 4 Contact Person Phone Number / E -mail l� 965,6!5 7 Agent/Representative �'p� � �� � c e Street Address City � State Zip Code Phone Number 4 Z . 6 � �A! �) 4 r Z�p - EV — C re IL,*- e-M Fax Number Ovariance ❑ Native Plant Permit ❑ Native Plant Exception El Annexation E -Mail Address Contact Person Town of Marano Business License No. — w 3. AUTHORIZATION OF PROPERTY OWNER I, the un dersig n ed, that all of the facts set forth in this application are true to the best of my knowledge and that I am either the certif owner of the property or that I have been authorized in writin g by the owner to file this application a c cklist, (If not owner of record, attach written authorization from the owner.) - -' /Zoe Date Print Name of AoolicanVP-ent -�atfe Caselog # � 00 CRVL/# � 4 312 _ Received on: 12 21_�5 1 3 Received by: C t t1555 W. Civic Center Drive, Bldg. A2■Marana, AZ 85653 - 7003 ■Telephone (520) 382 -2600 ■Fax (520) 382 -2641 g 2. O LKA L UA I `A K-UVU Alk General Plan Designation .Z* 0 (To be confirmed by staff Current Zoning ti d (To be confirmed by staff Proposed Zoning ,):T, k vas Marana Regular Council Meeting 01 /19/2016 Page 52 of 303 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C5 Meeting Date: 01/19/2016 To: Mayor and Council From: Jane Fairall, Deputy Town Attorney Date: January 19, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2016 -007: Relating to Parks and Recreation; approving and authorizing the Mayor to execute a mobile stage usage agreement between the Town of Marana and Community Food Bank Inc. (Jane Fairall) Discussion: On February 5, 2013, the Town Council adopted Resolution No. 2013 -010, approving and authorizing Town staff to implement the Town of Marana Mobile Stage Usage Policy. The Policy provides guidelines and sets procedures for use and reservation of the Town's mobile stage. Among other items, the Policy provides that an approved user of the Stage must pay all applicable Stage rental fees established in the Town of Marana comprehensive fee schedule, unless those fees are waived pursuant to a formal agreement between the Town and the user. A copy of the approved Policy is attached as backup information for the Council's information. The Community Food Bank, Inc. is a non - profit corporation providing Southern Arizona with a multitude of food - related programs and services including emergency food distribution, child hunger programs, home and community gardening, farmers' markets, and SNAP (food stamp) application. On February 19, 2013, the Town Council adopted Resolution No. 2013 -014, formally recognizing and thanking the Food Bank for its past efforts at the Marana Heritage River Park and its continued work at the Marana Community Food Bank, and authorizing the Town Manager to provide the Town's support and assistance to the Food Bank in its continuing efforts to educate citizens of all ages about home gardening in our desert climate and to distribute food to those in need in our community. The Food Bank has approached the Town and requested the use of the Stage for a Food Bank event. Pursuant to the Mobile Stage Usage Policy, the Food Bank is an approved user, but in the absence of a formal agreement with the Town, would be required to pay the stage rental fees. The Marana Regular Council Meeting 01 /19/2016 Page 53 of 303 proposed agreement will allow the Food Bank to use the Stage pursuant to the terms, conditions, rules, and regulations of the Policy, but will waive any and all applicable fees for the Food Bank during the term of the agreement. The agreement itself is perpetual, but may be terminated by either party upon 30 days' prior written notice. Financial Impact: Fiscal Year: 2016 Budgeted N Y/N: Amount: Impact varies depending on use Stage rental fees which would be waived pursuant to the proposed agreement are as follows: • $400 stage rental fee per event • $500 refundable security deposit per rental • $30 /hr. Town Parks personnel labor rate (Town personnel must be present at all times during stage use) • $0.85 /per mile transportation rate (Town personnel must transport stage to and from event) Staff Recommendation: Staff recommends approval of the agreement. Suggested Motion: I move to adopt Resolution No. 2016 -007, approving and authorizing the Mayor to execute a mobile stage usage agreement between the Town of Marana and Community Food Bank Inc. Attachments Resolution No. 2016 -007 Exhibit A to Resolution Mobile Stage Usage Policy Marana Regular Council Meeting 01 /19/2016 Page 54 of 303 MARANA RESOLUTION NO. 2016-007 RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MOBILE STAGE USAGE AGREEMENT BETWEEN THE TOWN OF MARANA AND COMMUNITY FOOD BANK, INC. WHEREAS on February 5, 2013, the Town Council adopted Resolution No. 2013 -010, approving and authorizing Town staff to implement the Town of Marana Mobile Stage Usage Policy (the "Policy "); and WHEREAS among other items, the Policy provides that an approved user of the Town's stage must pay all applicable stage rental fees established in the Town of Marana comprehensive fee schedule, unless those fees are waived pursuant to a formal agreement between the Town and the user; and WHEREAS the Community Food Bank, Inc. is a non - profit corporation providing South- ern Arizona with a multitude of food - related programs and services including emergency food distribution, child hunger programs, home and community gardening, farmers' markets, and SNAP (food stamp) application; and WHEREAS on February 19, 2013, the Town Council adopted Resolution No. 2013 -014, formally recognizing and thanking the Food Bank for its past efforts at the Marana Heritage Riv- er Park and its continued work at the Marana Community Food Bank, and authorizing the Town Manager to provide the Town's support and assistance to the Food Bank; and WHEREAS the Town and the Food Bank desire to enter into a formal agreement regard- ing the Food Bank's usage of the Town's stage; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The mobile stage usage agreement between the Town of Marana and Com- munity Food Bank, Inc. attached to and incorporated by this reference in this resolution as Ex- hibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and ob- jectives of the agreement. 00044656.DOCX /1 Marana Resolution No. 2016 -007 - 1 - Marana Regular Council Meeting 01 /19/2016 Page 55 of 303 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of January, 2016. ATTEST: Jocelyn C. Bronson, Town Clerk 00044656.DOCX /1 Marana Resolution No. 2016 -007 Marana Regular Council Meeting 01 /19/2016 Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney -2- Page 56 of 303 EXHIBIT A TO MARANA RESOLUTION NO. 2016-007 MOBILE STAGE USAGE AGREEMENT BETWEEN THE TOWN OF MARANA AND COMMUNITY FOOD BANK, INC. THIS MOBILE STAGE USAGE AGREEMENT (this "Agreement ") is entered into by and be- tween the TOWN OF MARANA, an Arizona municipal corporation (the "Town "), and COMMUNITY FOOD BANK, INC., an Arizona non - profit corporation (the "Food Bank "). The Town and the Food Bank are sometimes collectively referred to in this Agreement as the "Parties," either of which is sometimes individually referred to as a "Party." RECITALS A. On February 5, 2013, the Town Council adopted Resolution No. 2013 -010, ap- proving and authorizing Town staff to implement the Town of Marana Mobile Stage Usage Policy (the "'Policy"). The Policy provides guidelines and sets procedures for use and reservation of the Town's mobile stage (the "Stage ") . B. Among other items, the Policy provides that an approved user of the Stage must pay all applicable Stage rental fees established in the Town of Marana comprehensive fee schedule, as adopted by the Town Council and amended from time to time, unless those fees are waived pursuant to a formal agreement between the Town and the user. C. The Community Food Bank, Inc. is a non - profit corporation providing Southern Arizona with a multitude of food-related programs and services including emergency food distribution, child hunger programs, home and community gardening, farmers' markets, and SNAP (food stamp) application. D. The Town Council has long recognized the need to promote programs that en- courage services for citizens of all ages and began cooperation and collaboration with the Food Bank in 1985 with the development of the Marana Community Food Bank. E. On February 19, 2013, the Town Council adopted Resolution No. 2013 -014, for- mally recognizing and thanking the Food Bank for its past efforts at the Marana Herit- age River Park and its continued work at the Marana Community Food Bank, and au- thorizing the Town Manager to provide the Town's support and assistance to the Food Bank in its continuing efforts to educate citizens of all ages about home gardening in our desert climate and to distribute food to those in need in our community. F. The Town and the Food Bank desire to enter into a formal agreement regarding the Food Bank's usage of the Stage. 00044619.DOC /2 MOBILE STAGE USAGE AGREEMENT: COMMUNITY FOOD BANK, INC. 1/5//2016 JF -1- Marana Regular Council Meeting 01 /19/2016 Page 57 of 303 EXHIBIT A TO MARANA RESOLUTION NO. 2016-007 G. The Town finds that the benefits to the Town resulting from the Food Bank's ac- tivities in the Town have a value at least equal to any Stage rental fees that may be waived pursuant to this Agreement. AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the intent of the Parties in entering into this Agreement, and in consideration of the terms of this Agreement, the Parties hereby agree as follows: 1. Food Bank use of Stage. Pursuant to the Town of Marana Mobile Stage Usage Poli- cy, which is incorporated herein by this reference, the Food Bank is an approved user of the Town's Stage and may use the Stage pursuant to and in compliance with the terms, conditions, rules, and regulations of the Policy, except as otherwise set forth in this Agreement. If any of the provisions of the Policy conflict with the provisions set forth in this Agreement, the provisions set forth in this Agreement shall take precedence and shall control. 2. Stage rental fees. Notwithstanding Section H of the Policy regarding Fees and De- posit Procedures, during the term of this Agreement, the Town shall waive any and all applicable fees and deposits related to the Food Bank's use of the Stage. 3. Non - Assignment. The Food Bank's rights under this Agreement cannot be as- signed by the Food Bank. 4. Effective date and duration. This Agreement shall be effective as of the signature date of the last Party to sign this Agreement, and shall remain in effect unless and until terminated pursuant to paragraph 17 below. 5. 501(c)(3) status of the Food Bank. The Food Bank shall maintain its 501(c)(3) status as anon- profit organization in good standing at all times during the term of this Agreement and shall submit proof of such good standing to the Town upon the Town's request. 6. Insurance. The Food Bank shall maintain insurance throughout the term of this Agreement from carriers acceptable to the Town with the following required coverages and limits: Commercial General Liability U.S. $1,000,000 per occurrence U.S. $2,000,000 aggregate a. The Food Bank shall deliver one or more certificates of insurance evidencing coverage as described in this paragraph 7 to the Town upon execution of this Agreement. The Food Bank shall also deliver new certificates of insurance each time the policy(s) is updated. All certificates shall be delivered to: Town of Marana Legal Department, 11555 W. Civic Center Drive, Marana, Arizona 85653. 00044619.DOC /2 MOBILE STAGE USAGE AGREEMENT: COMMUNITY FOOD BANK, INC. 1/5//2016 JF -2- Marana Regular Council Meeting 01 /19/2016 Page 58 of 303 EXHIBIT A TO MARANA RESOLUTION NO. 2016-007 b. The Town shall be named as an additional insured on the commercial general liability insurance policy required by this paragraph 7. The Food Bank shall deliver additional insured endorsement(s) along with the certificate(s) of insurance required by subparagraph (a) above. As an additional insured, the Town shall be provided coverage for any liability arising out of operations performed in whole or in part by or on behalf of the Food Bank pursuant to this Agreement. The additional insured endorsement form identification number shall also be included within the descrip- tion box on the certificate of insurance and the applicable policy number shall be in- cluded on the endorsement. c. All policies required pursuant to this paragraph 7 shall be endorsed to contain a waiver of transfer of rights of recovery (subrogation) against the Town, its agents, officers, officials, and employees for any claims arising out of the Food Bank's use of the Stage. Endorsements evidencing this waiver of subrogation shall be provided to the Town along with all other insurance documentation required by this para- graph 7. d. The certificate(s) shall also stipulate that the insurance afforded the Food Bank shall be primary insurance and that any insurance carried by the Town, its agents, offi- cials or employees shall be excess and not contributory insurance to that provided by the Food Bank. Coverage provided by the Food Bank shall be primary insurance with respect to all other available sources. e. The coverage requirements specified in this paragraph 7 may not be changed or modified except by written agreement signed by all Parties. f. The Food Bank shall give the Town at least 30 calendar days' written notice prior to a planned cancellation or reduction of any coverage required by this para- graph 7. The Food Bank shall give the Town immediate notice of any other cancella- tion or reduction of any coverage required by this paragraph 7. Cancellation or re- duction of any coverage required by this paragraph 7 is grounds for termination of this Agreement by the Town. 7. Indemnification. The Food Bank agrees to defend, save, hold harmless, and in- demnify the Town, its officials, employees, agents, successors, and assigns from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabilities, damages, and other claims and demands of whatsoever nature or kind, in law or in equity, in tort or in contract, or otherwise caused by or resulting from the Food Bank's errors, omissions, or negligent acts in the use of the Stage pursuant to this Agreement. 8. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested; to the following addresses: 00044619.DOC /2 MOBILE STAGE USAGE AGREEMENT: COMMUNITY FOOD BANK, INC. 1/5//2016 JF -3- Marana Regular Council Meeting 01 /19/2016 Page 59 of 303 EXHIBIT A TO MARANA RESOLUTION NO. 2016-007 If to the Town, to: TOWN OF MARANA Attn: Town Manager's Office 11555 W. Civic Center Drive - Bldg A3 Marana, AZ 85653 If to the Food Bank, to: COMMUNITY FOOD BANK, INC. Attn: Chief Executive Officer P. O. Box 26727 Tucson, AZ 85726 -6727 9. Entire agreement. This Agreement constitutes the entire agreement and under- standing of the Parties pertaining to the subject matter of the Agreement and super- sedes all offers, negotiations, and other agreements of any kind. All prior and contem- poraneous agreements, representations and understandings of the Parties, oral or writ- ten, are superseded and merged in this Agreement. 10. Authority to execute agreement. The individuals executing this Agreement hereby represent that they have full right, power, and authority to execute this Agreement on behalf of their respective Parties. 11. Uncontrollable circumstances. Notwithstanding any other term, condition or pro- vision of this Agreement to the contrary, if any Party to this Agreement is precluded from satisfying or fulfilling any duty or obligation imposed upon it due to labor strikes, material shortages, war, civil disturbances, weather conditions, natural disasters, or other events beyond the control of such Party, the time period provided herein for the performance by such Party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events. 12. Immigration laws. The Food Bank warrants that it will at all times comply with all federal immigration laws and regulations that relate to its employees and with Arizona Revised Statutes section (A.R.S. §) 23 -214 (A). The Food Bank acknowledges that pursu- ant to A.R.S. § 41 -4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Agreement subject to penalties up to and including termination of this Agreement, and that the Town retains the legal right to inspect the papers of any employee who works on the Agreement to ensure compliance with this warranty. 13. 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. 14. Attorneys' fees. The prevailing Party in a civil action to enforce this Agreement shall be entitled to recover from the other Party, in addition to any relief to which such prevailing Party may be entitled, all costs, expenses and reasonable attorneys' fees in- curred in connection with that civil action. 15. Governing law. This Agreement shall be construed in accordance with the laws of the State of Arizona. 00044619.DOC /2 MOBILE STAGE USAGE AGREEMENT: COMMUNITY FOOD BANK, INC. 1/5//2016 JF -4- Marana Regular Council Meeting 01 /19/2016 Page 60 of 303 EXHIBIT A TO MARANA RESOLUTION NO. 2016-007 16. Termination. Either Party may terminate its participation in this Agreement for any reason upon at least 30 days' prior written notice to the other Party. 17. Miscellaneous. a. This Agreement may not be modified except in a writing signed by both of the Parties. b. The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or intent of such sections or articles of this Agreement. c. This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall consti- tute one and the same agreement. d. Neither Party's waiver of the other's breach of any term or condition con- tained in this Agreement shall be deemed a waiver of any subsequent breach of the same or any other term or condition of this Agreement. [SIGNATURE PAGE FOLLOWS] 00044619.DOC /2 MOBILE STAGE USAGE AGREEMENT: COMMUNITY FOOD BANK, INC. 1/5//2016 JF -5- Marana Regular Council Meeting 01 /19/2016 Page 61 of 303 EXHIBIT A TO MARANA RESOLUTION NO. 2016-007 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures. The "'Town": TOWN OF MARANA, an Arizona munic- ipal corporation The "Food Bank": COMMUNITY FOOD BANK, INC., an Arizo- na non - profit corporation Ed Honea, Mayor Date: Michael McDonald, Chief Executive Officer Date ATTEST: Town Clerk Date APPROVED AS TO FORM: Town Attorney Date STATE OF Arizona ) )ss. County of Pima ) The foregoing instrument was acknowledged before me this day of 2016 by Michael McDonald, Chief Executive Officer of COM- MUNITY FOOD BANK, INC., an Arizona non - profit corporation, on behalf of the corporation. (Seal) Notary Public 00044619.DOC /2 MOBILE STAGE USAGE AGREEMENT: COMMUNITY FOOD BANK, INC. 1/5//2016 JF -6- Marana Regular Council Meeting 01 /19/2016 Page 62 of 303 MARANA TOWN OF MARANA MOBILE STAGE USAGE POLICY A. Purpose. This usage policy is intended to provide guidelines and set procedures for use and reservation of the Town's mobile stage (the "Stage "). B. Allowed GroupslUses. The Stage is primarily intended for use by the Town of Marana for Town - produced events. Therefore, the Stage is not available for use by religious or political organizations or by private businesses or individuals. Besides the Town, the following groups/organizations and uses may be permitted pursuant to this policy: • Town partners, as identified via Town Council- adopted resolutions and agreements (i.e., IOAs and MOUs). Examples of Town partners include, but are not limited to, Marana Unified School District (MUSD), Marana Heritage Conservancy and Northwest Fire District (NWFD). • Military groups, associations or events. * First responder /emergency personnel groups, associations or events. • Significant regional, governmental events, such as groundbreaking and ribbon- cutting type ceremonies /events. • Youth sports groups based within the Town limits of the Town of Marana. C. Priority for Use of Stage (in the following order). 1. Town - produced events 2. Town- sponsored events (events the Town does not produce, but promotes or offers in -kind support to) 3. Town partner events 4. All other approved uses Town - produced events shall be given preference at all times in scheduling use of the Stage. Other uses will be scheduled within the parameters of this policy, and on a first -come, first-served basis for those organizations /uses of equal priority. If an unforeseen circumstance results in the Town requiring the use of the Stage, the Town reserves the right to cancel any other reservations. In such a case, all pre -paid fees and deposits will be refunded. D. Stage Availability. The Stage is generally available for use seven days a week between the hours of 8 :00 AM and 10:00 PM. The Stage is not available during holidays observed by the Town of Marana. Exhibit A — Resolution 2013-010 2/4/2013 1:30:31 PM JF Marana Regular Council Meeting 01 /19/2016 Page 63 of 303 E. Transportation and Operation of the Stage. Only Town staff will be permitted to transport and operate the Stage. Town staff will open and close the Stage at the times agreed upon and within the parameters of this policy. In addition, Town staff will remain on -site during the user's event. For multi -day events, Town staff will secure the Stage when the event concludes for the day and return the next day to open and remain with the Stage. F. Restrictions upon Usage Not counting Town - produced or Town- sponsored events, no approved user shall be permitted to use the Stage more than two times in any given calendar year. For any given event, the user may use the Stage for a maximum of three days, exclusive of set -up which may occur the day before the event begins in the discretion of the Town. G. Application and Review. All requests to use the Stage will be processed through the Parks and Recreation Department. Applicants should contact the Pars and Recreation Department regarding availability, eligibility and scheduling questions. • Any group or organization desiring to use the Stage must complete a Mobile Stage Usage Application and Use Agreement, available from the Parks and Recreation Department. The Mobile Stage Usage Application and Use Agreement must be submitted to the Parks and Recreation Department at least 30 days prior to the requested date of usage, and no more than three months in advance of the requested date of usage. • The person scheduling and signing the application and use agreement must be at least 18 years of age. Groups utilizing the Stage are responsible for compliance with the provisions in Title IIA of the Americans with Disabilities Act. • The application and use agreement will be forwarded to the Parks and Recreation Department Director for approval or disapproval pursuant to the provisions set forth in this policy, and for the imposition of any additional conditions. ■ If the Parks and Recreation Department Director disapproves an application, the applicant may request review of the decision by the Town Manager, by submitting a written request to the Parks and Recreation Department Director within seven calendar days of the disapproval. ■ The Town Manager shall review the application and request for review and submit a written response to the applicant within five business: days of receipt of the request for review. The Town Manager's decision is final and not appealable within any Town process. • Any application for usage of the Stage may be denied by the Town in the Town's sole discretion due to scheduling conflicts, maintenance needs or lack of Town resources, including staff. H. Fees and .Deposit Procedures. Except as otherwise provided in a formal agreement entered into between the Town and a user, the use of the Stage for purposes other than for Exhibit A — Resolution 2013 -010 -2- 2/4/2013 1:30:31 PM W Marana Regular Council Meeting 01 /19/2016 Page 64 of 303 Town - produced or Town - sponsored events shall be subject to the fees established in the Town of Marana comprehensive fee schedule as adopted by the Town Council and amended from time to time. ■ All fees shall be calculated by the Town and paid in full at the time the Stage is reserved. ■ Upon Town cancellation of a Stage reservation, all pre -paid fees and deposits will be refunded. • If the applicant cancels with eight calendar days or more notice, all pre -paid fees and deposits will be refunded. No refunds will be provided if the applicant cancels with seven calendar days or less notice. An administrative /cancellation fee in the amount established in the comprehensive fee schedule will be assessed for ANY cancellation by the applicant. • Fees for Stage use are non - refundable in the event of non -use, rain or shorter duration. However, if the Town decides to cancel use of the Stage due to inclement weather, the Town will refund all fees other than fees associated with Town personnel and transportation. The Stage will be examined carefully before and after use. If there is no damage to the Stage, the security deposit will be returned to the user within 14 business days after the use of the Stage. If there is damage to the Stage, the deposit will be returned within 14 business days, minus the cost to repair the damage. If the security deposit is not sufficient to cover the cost of repairs, the Town will bill the user for the overage. The burden of proof shall be upon the user to prove that any damage was not caused by the user or his/her organization or event. • The user will pay any additional costs if use of the Stage goes over the reserved time. These additional costs will be deducted from the security deposit. I. Insurance Requirements. The applicant must maintain commercial general liability insurance with carriers acceptable to the Town with the following required minimum limits: $1,000,000 per occurrence and $2,000,000 in the aggregate. The applicant must deliver one or more certificates of insurance evidencing coverage as described in this paragraph, to the Town's Parks and Recreation Department within 14 calendar days prior to the use of the Stage. The Town must be named as an additional insured on the commercial general liability insurance policies required and the applicant shall provide an additional insured endorsement along with the certificate of insurance. Failure to provide the required insurance documentation within the timeframe specified will result in cancellation of the applicant's Stage reservation, Additionally, the applicant must provide the Town with written notification of any insurance cancellation within 10 days of such cancellation. J. Rules of Use. The following rules apply to all Stage usage: * The Town of Marana logo on the interior of the open Stage must be exposed at all tines using use. No nails, screws, staples, paint, duct tape, masking tape or any other damaging material may be attached to the interior or exterior surface of the Stage. No alterations to the stage or any stage accessories, including electrical or otherwise, are permitted. Exhibit A ---- Resolution 2013 -010 .3- 2/4/2013 1:30:31 PM JF Marana Regular Council Meeting 01 /19/2016 Page 65 of 303 • The Town of Marana reserves the right to cancel the use of the Stage due to inclement weather in the sole discretion of the Town. The Stage cannot be used in winds greater than 25 miles per hour. • Placement and location of the Stage on the event site is at the sole discretion of Town staff and is based upon the physical and safety requirement of the Stage, spectators and participants. • The user is responsible for obtaining a generator for use with the Stage; the Town will not provide a generator. Any generator used in conjunction with the Stage must be inspected and permitted by the proper authorities within the jurisdiction where the event is taking place. • The contact person for the user must be available to Town personnel either in person or by telephone at all tunes during the user's event and use of the Stage. • Any group using the Stage shall not discriminate on the basis of race, color, national origin, sex, religion, age or disability. • Any group using the Stage shall conduct their events and themselves in a professional and courteous manner. • All activities must be under adult supervision, 18 years of age or older. • The user will be responsible for cleaning up the Stage after use and removing any trash. • The Stage must be available for Town transport within two hours after the event concludes. • The Town will not be responsible for any equipment brought by the user, and such equipment must be removed at the conclusion of the event. • open flames are prohibited on the Stage. • No animals shall be allowed upon the Stage except dogs assisting disabled individuals. • Smoking is prohibited on the Stage and at any location within 20 feet proximity of the Stage. • The permitted use of the Stage by a group does not, in any way, constitute an endorsement by the Town of Marana of the user's policies or beliefs. • Alcoholic beverages may not be consumed on the Stage. • The Town Manager and designated Town officials and employees shall have free access to the Stage at all times. • If the user causes any damage to the Stage, the user may be denied future use of the Stage. ■ The Town reserves the right to revoke a group or organization's right to use the Stage at any time, including during an event if there is a danger of injury or damage to person(s) or property. • Except for loading and unloading, no vehicles shall be parked within 20 feet of the Stage or any generator. Exhibit A - Resolution 2013 -010 -4- 2/4/2413 1:34:31 PM JF Marana Regular Council Meeting 01 /19/2016 Page 66 of 303 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C6 Meeting Date: 01/19/2016 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: January 19, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2016 -008 Relating to Real Estate; accepting the offer of compensation from the Arizona Department of Transportation for property rights needed for the Ina Road interchange project and authorizing the Town Engineer to execute the purchase agreement, conveyance instruments, and any and all other associated documents (Frank Cassidy) Discussion: ADOT is acquiring property rights needed for the construction of the Ina Road TI project. From the Marana Operations Center property, ADOT needs to acquire a 312 square foot triangle of permanent right -of -way at the corner of Ina and Starcommerce, a 286 square foot permanent drainage easement near the west end of the MOC's Ina frontage, and two temporary construction easements (TCEs) totaling 12,256 square feet along the MOC's Ina and Starcommerce frontage. The areas in question are depicted on the map that accompanies this agenda item. ADOT has appraised the value of the needed property rights at $16,531.92, and has prepared a purchase agreement for that amount. The purchase agreement is Exhibit A to the resolution, and ADOT's summary of compensation is included in the backup materials. Town staff has reviewed the appraisal and agreement and found them acceptable. Financial Impact: Fiscal Year: 2016 Budgeted N Y/N: Amount: $16,531.92 in compensation Marana Regular Council Meeting 01 /19/2016 Page 67 of 303 Staff Recommendation: Staff recommends adoption of Resolution 2016 -008, accepting the offer of compensation from Arizona Department of Transportation for property rights needed for the Ina Road interchange project and authorizing the Town Engineer to execute any and all associated documents. Suggested Motion: I move to adopt Resolution 2016 -008, accepting the offer of compensation from Arizona Department of Transportation for property rights needed for the Ina Road interchange project and authorizing the Town Engineer to execute any and all associated documents Attachments Resolution No. 2016 -008 Exhibit A to Resolution Backup 1 Backup 2 Map Marana Regular Council Meeting 01 /19/2016 Page 68 of 303 MARANA RESOLUTION NO. 2016-008 RELATING TO REAL ESTATE; ACCEPTING THE OFFER OF COMPENSATION FROM THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR PROPERTY RIGHTS NEEDED FOR THE INA ROAD INTERCHANGE PROJECT AND AUTHORIZING THE TOWN ENGINEER TO EXECUTE THE PURCHASE AGREEMENT, CONVEYANCE INSTRUMENTS, AND ANY AND ALL OTHER ASSOCIATED DOCUMENTS WHEREAS the Town of Marana owns the Marana Operations Center (the "MOC ") lo- cated at 5100 West Ina Road; and WHEREAS the Arizona Department of Transportation ( "ADOT ") needs to acquire prop- erty rights from the Town at the MOC for the Ina Road traffic interchange project; and WHEREAS ADOT has appraised the market value of the property rights needed from that Town at the MOC at $16,531.92, has offered to purchase the property rights for that amount, and has prepared a purchase agreement for execution by the Town; and WHEREAS the Mayor and Council of the Town of Marana find that the public interests are served by approving this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, Arizona, accepting the offer of compensation from ADOT for acquisi- tion of Town -owned property rights at the MOC; approving the Revised Purchase Agreement prepared by ADOT, a copy of which is attached as Exhibit A to and incorporated by this refer- ence in this resolution; and authorizing the Town Engineer, on behalf of the Town, to sign the agreement and any associated conveyance instruments and any other documentation associated with the agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19 day of January, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00044703.DOCX /1 Marana Resolution No. 2016 -008 Marana Regular Council Meeting 01 /19/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 1/12/2016 11:39 AM FJC Page 69 of 303 ARIZONA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY GROUP REVISED PURCHASE AGREEMENT Title Com pany Title Security of Arizona Date Address 6646 North Oracle Road, Suite 120 (to be completed by Title Company, if applicable) City Tucson Arizona Zip Code 85704 Escrow Officer Rhonda Herrera Phone 520 - 219 -6451 Escrow No_ Fax No.�n_�n�_��7n Grantor Town of Marana. Arizona. a municipal cor poration Address 11 555 W. Civic Center Dr.. A -2 Ma rana. Arizona 85653 Phone/Fax/Mobile/Email (520) 382 -2600 - . -- Grantee: The STATE OF ARIZONA, by and through its DEPARTMENT OF TRANSPORTATION (the "State ") Mailing Address: Arizona Department of Transportation, Right of Way Group 205 South 17th Avenue, MD 612E, Phoenix, Arizona 85007 -3212 The STATE shall pay directly to the Grantor, or deposit with the Charges and disbursements to be paid from Grantor's funds as Title Company ( "Escrow Agent ") if escrowed, the purchase price follows (check all that apply): plus all lawful costs incidental to closing as follows: ❑ Total Acquisition of Grantor's Property, Full release of all Escrow Fees monetary liens and encumbrances, and leases of any kind. Pay in full Title Policy Fees all due and delinquent real property taxes and general and special TOTAL ESCROW & TITLE FEES $0.00 improvement assessments. Grantor will be charged for any costs necessary to make the property compliant with the Covenants, Recording Fees Conditions and Restrictions. Prorate the current year's real property Deed taxes on closings that occur on or after the 3 Monday of August Easement each year. Escrow Agent shall withhold the prorated amounts from Release each party and pay the lien of the current year's taxes in full. ® Partial Acquisition of Grantor's Property Partial release of all TOTAL RECORDING FEES $0.00 monetary liens and encumbrances, and leases of any kind. At the discretion of State, pay due and delinquent property taxes and Other Charges general and special improvement assessments, including full Release Fees payment of taxes and assessments on individual assessor parcels SRVWUA Fee within State's partial acquisition, and any Certificate(s) of Purchase. Prorated Taxes /Dates The current year's taxes shall not be prorated regardless of the closing date. TOTAL OTHER CHARGES $0.00 ® Easement[s }: Consent to easement(s) by secured party(ies ). Subtotal Fees $0. ❑ Other Disbursements Title Report Credit ( - ) Total Closing Costs $0.00 ® Security Deposits and Prepaid Rents if Applicable: Grantor agrees to return all security deposits and prepaid rents directly to Land &Improvements* $4 115.00 lessee(s) outside of escrow. Cost to Cure $258.00 Temporary Construction Easement $12 Possession Date: Close of escrow/date of recording. Special Conditions Right of Way Contract Yes ❑ No Entry Agreement * ** Yes ❑ No Total Purchase Price $16,531.92 * ** If yes, State shall pay statutory interest on the "Total TOTAL WARRANT ** Purchase Price" from to the close of escrow/date of recording directly to Grantor by separate warrant. ❑ Special Instructions /Information *Title policy fees based on this amount only. * *Sum of "Total Closing Costs" and "Total Purchase Price" only, THE GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE in a certain conveyance dated described in Exhibit "A" attached hereto and made a part hereof, and having delivered same to the above Title Company as Escrow Agent, said agent is directed to deliver said conveyance to the STATE OF ARIZONA by and through its DEPARTMENT OF TRANSPORTATION; title to said property to pass upon the acceptance of delivery and possession by the ARIZONA DEPARTMENT OF TRANSPORTATION. PROJECT 010 PM 248 H8479 01 R SECTION Ina Road T.I. Marana Regular Council Meeting 01 /19/2016 PARCEL 10 - 1752 Page 70 of 303 THIS PURCHASE AGREEMENT SHALL SERVE AS THE ESCROW INSTRUCTIONS The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, mortgage claims, leasehold interests, special assessments, fines, fees or charges to be paid to the homeowners association and other encumbrances as may be authorized for payment, and the balance thereof shall be paid in accordance with the terms hereof. If the subject property is encumbered with Covenants, Conditions and Restrictions, the Escrow Agent shall send a Notice of Pending Sale pursuant to A.R.S. 33 -1806. The Grantor agrees that should further encumbrances be attached to this property subject to this transaction during the escrow period, including but not limited to, monetary liens, leases, easements and permits, Grantor shall remain responsible for any damages in the event of non - compliance. The Escrow Agent is to withhold NIA as a security and/or site - clearance deposit pending satisfactory delivery of the subject property to the State by the Grantor. Grantor agrees the State may apply the security deposit to payment of any unpaid rents due the State from the Grantor, or to payment for any loss or damage sustained by the State caused by the Grantor after the date of this agreement. The State will make written authorization to the Escrow Agent for disbursement of the security deposit in accordance with this agreement, after acceptance of delivery and possession of the subject property. The Grantor is to notify the Arizona Department of Transportation, Right of Way Group, of the date Grantor intends to vacate the subject property. Instructions to Escrow Agent: Deposit all escrowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this agreement; prorate all agreed items: record such escrowed instruments as are necessary or proper in the issuance of title insurance; and pay the balance of the escrowed funds to the party or parties entitled thereto. It is further understood and agreed that the Title Company shall not be responsible for any liens or encumbrances not of record at the closing of escrow. The Right of Way Group of the Arizona Department of Transportation will be furnished a copy of the Grantor's closing statement with the following certification signed by an authorized officer: "This is to certify this is a true and correct statement of disbursement of funds collected from the Arizona Department of Transportation." The Escrow Agent is to request the Grantor acknowledge receipt of the amount shown on the closing statement as due Grantor. Either a copy of this request or a copy of a signed receipt is to be retained in the escrow file. The State will pay the costs of any escrow services and/or title insurance desired by it, but may, at its option, waive escrow and/or title insurance. Upon such waiver, the references to Title Company, Escrow Agent, and title insurance herein are not applicable. If this transaction is not handled through a title company, the conveyance will be delivered direct to the State of Arizona and payment will be made direct from the Grantee to the Grantor after approval and acceptance by the Director of the Arizona Department of Transportation and the final filing and recording of the documents. If cost -to -cure moneys have been paid to remove or relocate improvements on the property conveyed, Grantor agrees to remove all buildings and appurtenances including fences, floors other than concrete, plumbing lines above grade, and all combustible material not later than 30 days from the date of payment. The Grantor assumes all liability connected with said removal. It is further agreed that upon expiration of the time provided for removal, all improvements remaining partially or wholly upon the lands conveyed shall become the property of the State of Arizona, and all rights of the Grantor to said improvements shall cease and terminate. Grantor shall be liable for the reasonable costs incurred in removing said improvements. License is hereby granted to the State of Arizona to enter upon the Grantor's remaining lands where necessary to accomplish the purpose of this agreement. If the State is acquiring only a portion of Grantor's property, then Grantor grants to the State, its agents, employees and contractors, the right to enter Grantor's remaining property as necessary for utility reconnection, driveway reconnection, facilitating removal of buildings or appurtenances where portions of acquired buildings or appurtenances are situated on Grantor's remaining property, and to facilitate sound wall construction on adjacent State -owned right of way, if required. It is further understood and agreed that this temporary right will expire and terminate thirty (30) days after completion of State's project It is understood and agreed the consideration expressed herein is accepted by the Grantor as full and complete compensation for the interest being acquired, and in settlement for all injury or damage to the Grantor's remaining abutting lands. Further, said consideration shall constitute a waiver of any and all claims for damages or compensation to said abutting lands that may hereafter arise or result from the establishment and construction of the highway in the manner proposed by the State. State is acquiring Grantor's property through its right of eminent domain under threat of condemnation; therefore, it is not a voluntary sale in the ordinary course of real estate negotiation. Further, the settlement herein is in lieu of condemnation and not admissible as evidence of value, nor for any other evidentiary purpose, in conjunction with any judicial or administrative proceeding. ❑ Yes 0 No Addendum attached hereto and made The STATE OF ARIZONA, by and through its DEPARTMENT part hereof. OF TRANSPORTATION ❑ Notice of Pending Sale pursuant to A.R.S 33 -1806. B Y GRANTOR: TOWN OF MARANA, ARIZONA, a municipal corporation Date: George Cardieri, Right of Way Agent Acquisition Sciences, Ltd. Approved by the Director of the Arizona Department of Transportation Accepted: STATE OF ARIZONA Accepted Date ESCROW OFFICER By 20 RIGHT OF WAY MANAGER PROJECT 0 eting 01/19/2016 SECTION Ina Road T.I . Page -P L 10 -1752 DESCRIPTION FOR FEE ESTATE That portion of the East 500 feet of the west 1000 feet of the North 1200 feet of the South 1275 feet of the Southeast quarter of the Southwest quarter (SEI/4Sw /4) of Section 36, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, which lies southeasterly of the following described NEW RIGHT OF WAY LINE: NEW RIGHT OF WAY LINE DESCRIPTION Commencing at a 3 inch brass cap marking the South quarter corner of said Section 36, being North 89'35'12" East 2629.69 feet from a V2 inch rebar marking the Southwest corner of said Section 36; thence along the South line of said Section 36, South 89 °35'12" west 340.31 feet; thence North 00 °24'48" west 75.00 feet to the POINT OF BEGINNING on the South line of said North 1200 feet, being the existing northerly right of way line of Ina Road; thence North 44 °22'30" East 35.22 feet to the POINT OF ENDING on the East line of said East 500 feet, being the existing westerly right of way line of Starcommerce way, EX19113rr "AL" PROJECT: 010 PM 248 H8479 LOCATION: Ina Road T.I. PARCEL: 10- 1752 010- D(216)S sw 11 -30 -2015 Marana Regular Council Meeting 01 /19/2016 Page 72 of 303 DESCRIPTION FOR DRAINAGE EASEMENT That portion of the East 500 feet of the West 1000 feet of the North 1200 feet of the South 1275 feet of the Southeast quarter of the Southwest quarter (SEI/4SWY4) of Section 36, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENCING at a 3 inch brass cap marking the South quarter corner of said Section 36, being North 89 °35'12" East 2629.69 feet from a' /z inch rebar marking the Southwest corner of said Section 36; thence along the South line of said Section 36, South 89 °35'12" Nest 776.22 feet; thence North 00 °24'48" West 75.00 feet to the POINT OF BEGINNING on the South line of said North 1200 feet, being the existing northerly right of way line of Ina Road; thence along said existing northerly right of way line of Ina Road, South 89'35'12" West 22.00 feet; thence North 00 °24'48" West 13.00 feet; thence North 89'35'12" East 22.00 feet; thence South 00 °24'48" East 13.00 feet to the POINT OF BEGINNING. &XHIBrr a A n PROJECT: 010 PM 248 H8479 010- D(216)S LOCATION: Ina Road T.I. PARCEL: 10 -1752 sw 11 /3 0/2015 Marana Regular Council Meeting 01 /19/2016 Page 73 of 303 ARIZONA DEPARTMENT OF TRANSPORTATION (ADOT) RIGHT OF WAY GROUP — STATEWIDE /URBAN ACQUISITION SECTION REVISED SUMMARY STATEMENT OF OFFER TO PURCHASE AND IMPROVEMENT REPORT This statement accompanies our letter of December 10, 2015 and shows the basis on which the revised offer is made, including any settlement amount. A. IDENTIFICATION OF THE PROPERTY The land is identified as a portion of the East 500 feet of the West 1000 feet of the North 1200 feet of the South 1275 feet of the Southeast quarter of the Southwest quarter (SE1 /4SW 1 /4) of Section 36, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona also known as Assessor Parcel No(s). 226- 35 -011A B. THE ESTATE OR INTEREST NEEDED The estate(s) or interest(s) needed is /are as follows (indicated by an "X "): Fee interest (new right -of -way) 312 Square Feet ❑ Underlying fee interest (existing rights -of -way) Square Feet ❑ Easement (new right -of -way) Square Feet Drainage Easement 286 Square Feet Temporary Construction Easement 12,256 Square Feet —I Square Feet C. THE OFFER AS JUST COMPENSATION, AND BREAKDOWN The amount offered represents just compensation, and is the result of a review and analysis of an appraisal made by a certified real estate appraiser. If only part of the property is needed, full consideration has been given to the value of the remaining property, including items requiring compensation on a "cost -to- cure" basis, if any. The analysis of the remaining property takes into account the effect of the acquisition of the land needed, and the establishment and construction of the project. A breakdown of the offer is as follows: Land (Fee interest and Drainage Easement) $ 3 Severance Damages to remaining property $ N/A (possible on partial acquisitions only) Improvements $ 763.00 "Cost -to- Cure" compensation involving a facility or $ 258.00 component on the remaining property Temporary Construction Easement (24 Months) $ 12 Total Just Compensation $ 16,531.92 Project: 010 PM 248 H8479 01R _ _ Section: I Road T.I. Parcel: 10 -1752 1 -3 Marana Regular Council Meeting 01 /19/2016 Page 74 of 303 D. THE IMPROVEMENTS THE IMPROVEMENTS ASSOCIATED WITH THE PURCHASE ARE DESCRIBED AS FOLLOWS: The improvements that are located within the part to be acquired include: approximately 312 square feet of minimal xeric landscaping and 18 linear feet of concrete retention curbing. It is hereby acknowledged that all buildings and other improvements listed above that are situated entirely within or partially within the Right of Way take limits are conveyed to ADOT with Rights of Entry upon the Grantors remaining land for the purpose of building removal and other improvements as noted. E. COST TO CURE THE COST TO CURE ASSOCIATED WITH THE PURCHASE ARE DESCRIBED AS FOLLOWS: The cost to cure is for 27 linear feet of the concrete retention curb, new, minus the contributory value of the 18 linear feet in the site improvements in the area to be acquired. PERSONAL PROPERTY NOT ACQUIRED (INCLUDES ITEMS NOT PERMANENTLY ATTACHED): N/A F. THE DOCUMENTS NEEDED Following is a summary of the documents requiring signature (indicated by "X T ® Purchase Agreement (this document shows the terms of the transaction, and the attached Exhibit "A" provides the exact legal description) Z Warranty /Special Warranty /Quitclaim Deed (to be notarized) ❑ Extended Occupancy Agreement F Manufactured Home El Right of Way Contract (to be notarized) 0 Drainage Easement (to be notarized) Z Temporary Construction Easement F Arizona Substitute W -9 Form Z Summary Statement of Offer to Purchase and Improvement Report (see below) G. SECURITY DEPOSIT INFORMATION AND ACKNOWLEDGMENT ADOT shall withhold $N /A in escrow, as a security deposit, in accordance with the terms of the Purchase Agreement. Project: 010 PM 248 H8479 0 l R Marana Regular Council Meeting 01 /19/2016 Section: Ina Road T.I. 2 -3 Parcel: 10 -1752 Page 75 of 303 H. SUBSURFACE IMPROVEMENT STATEMENT 1. I ❑am ❑ am not aware of the presence of any subsurface improvements (e.g., septic systems, storm cellars, ground wells) within the area of ADOT's acquisition.* 2. Well(s) F]Yes ONo Well Registration No(s): 55- 3. Irrigation Water Rights DYes ❑No IGR Number: 58- 4. Well is located ❑within the acquisition area, F] outside the acquisition area. (NOTE: If you answered yes regarding water rights, please provide a copy of the appropriate certificate if available) *If aware of such improvements, please provide any information that may assist in locating same. GRANTOR: TOWN OF MARANA, ARIZONA, A MUNICIPAL CORPORATION Project: 010 PM 248 H8479 01R Date Section: Ina Road T.I. Parcel: 10 -1752 3 -3 Marana Regular Council Meeting 01 /19/2016 Page 76 of 303 00 %�AM� 7, VNT 1 r� 0 t� rz. 111M LC) INt C\j CV En Cz T c f IV a * t `ma Exhibit "C" EXIST x arcomfferce Wa 4 t f 10 1752 zj 0 25 - 0 CL�. OPI [P] E4 f 6� F SEE PAWEL INSERT CW SHEEr PM-1 a i f [T F P--, Cw I :2 V- V) 40 n� C4 CL f two E 0" LIJ Op ROL iVEW RIW- 50080090 LEGEND a JRW Acquisition Area. Drainage Easement � Temporary Construction Easment _ a.t. { 3 t f I t J Regular Council Meeting 01 /19/2016 Page 77 of 303 N O 0 / n.. - tn. A k Council - Regular Meeting C7 Meeting Date: 01/19/2016 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: January 19, 2016 Subject: Approval of January 5, 2016 Regular Council Meeting Minutes (Jocelyn C. Bronson) Attachments Draft 01 -05 -2016 Regular Meeting Minutes Marana Regular Council Meeting 01 /19/2016 Page 78 of 303 � 7 � ARANA � 4 ir�zo�` REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 5, 2016 at or after 7:00 PM Al Ed Honea, ayor Jon Post, Vice Mayor David Bowen, Council Membf Patti Comerford, Council Meml Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING 11a 10 CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:00 p.m. Town Clerk Brons called All Council Members, except Council Member McGorray, were present. " 41 q& PLEDGE '' OF ALLEGIACE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. ' 1 ;1, 411 h I �jk APPROVAL 01 AGENDA. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed unanimously 6 -0. CALL TO THE PUBLIC. No speaker cards were presented. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. No reports. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. No report. January 5, 2016 Meeting Minutes 1 Marana Regular Council Meeting 01 /19/2016 Page 79 of 303 PRESENTATIONS Pi Relating to the Police Department; presentation and discussion regarding procurement, building site discussions, anticipated cash flow and schedule, and general status of the future Marana Police Facility. Jennifer Christelman presented, noting that the project manager selected is ABACUS. Rick Carr representing ABACUS was introduced. Mr. Carr will be the familiar face on the project. Staff is in the final stages of working the contract with ABACUS with a kick -off meeting next week. Staff has drafted a Request for Qualifications for the architect. As soon as that goes out on the street, we will be selecting a Construction Manager at Risk (CMAR). Later in the presentation, Ms. Christelman explained why a CMAR was selected for the project. The facility will be located on property at the municipal complex between the post office, the Parks & Recreation building and the Administration building. The project manager will determine the ultimate configuration. She then reviewed the funding for the project which includes the 1 /2 cent sales tax which went into effect July 1, 2015. Calculations are estimated that $18M will be collected for the design and construction of the building. Another $3M will come from the town's general fund for site civil work and campus improvements such as drainage and utilities, in the amount of $3M. Equipment purchases will be funded in part by $1M in RICO funds. There are discussions that this facility will also become the communications center for Northwest Fire and the police department. Additional money will be coming into the project if this agreement is finalized. Right now, $22M is allocated to the project. She then discussed cash flow and the potential cash position from the 1 /2 cent sales tax, RIO funds and the general fund both preliminary to and during construction. The big issue was not wanting to bond the project. If the general fund monies are used and the planning around the availability of the funds is managed properly, bonding will not be necessary. That information is driving the schedule. So the first phase will be doing the pre- design, the contract negotiations, getting the architect and the CMAR on board between now and March 2016. From April through January 2017, the second phase of the project will be the design. That will require the CMAR and the architect to be on board. The third phase will be construction, which is anticipated to occur from February 2017 through August 2018. Once the CMAR and architect are on board, we will have to constantly monitor our cash position. If we're bringing in more money and keeping the costs lower, the project could be delivered sooner or we could look at our overall cash position and determine that that offsets dipping into our own cash funding ($3M). We can evaluate those options as they present themselves and the best available information that we have. This is the reason that staff decided the CMAR was the best avenue to pursue because it builds in the flexibility to do that. If we have the CMAR, we can accelerate the schedule or lag the schedule depending on the available funding. January 5, 2016 Meeting Minutes 2 Marana Regular Council Meeting 01 /19/2016 Page 80 of 303 Council Member Bowen asked what the lag time is between collecting sales tax and the town knowing what it is. Erik Montague addressed Council noting that it is approximately two to two and a half months behind. Taxes that occur in July, paid in August, and the reports from the State of Arizona come to us in the middle of September. At this time, we only know four months of activity. Since the V2 cent sales tax went into effect, for the first four months we are averaging a little under $400K per month or about $1.4M. These numbers are within what we had projected and the independent analysis by Elliott Pollock & Co. Mayor Honea asked if the infrastructure would start in February or earlier. Ms. Christelman stated that would depend on the schedule of the design. If some of the preliminary drawings are done construction could start earlier. Once the CMAR comes on board and we have the availability of working with them, we will try to get things advanced as much as possible. Council Member Ziegler asked about the V2 cent sales tax and where it is being generated. Mr. Montague stated that the ordinance required that, along with establishing the V2 cent sales tax for all allowable categories, the town had to establish a separate fund for those resources, and that V2 cent sales tax is being dedicated as specified by Ms. Christelman. He then reviewed some of the categories that were excluded. Council Member Ziegler asked that staff notify Council if any major changes occur in this collection. Council Member Kai asked if the lowest cost bid had been looked at to save any money over the CMAR selection. Ms. Christelman responded that selecting the lowest cost bid was an option staff looked at, and it does provide a very competitive option. The concern with that is flexibility of the schedule and trying to bring the contractor on early in the process for constructability reviews and having the ability to change the schedule based on the cash position. CONSENT AGENDA. Motion to approve by Council Member Ziegler, second by Vice Mayor Post. Passed unanimously 6 -0. C 1 Resolution No. 2016 -001: Relating to Development; approving a development plan for Dove Mountain Medical at Dove Mountain Centre II (Steve Cheslak) C2 Approval of December 15, 2015 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION January 5, 2016 Meeting Minutes 3 Marana Regular Council Meeting 01 /19/2016 Page 81 of 303 Al Resolution No. 2016 -002 Relating to intergovernmental relations; adopting a 2016 Town of Marana Legislative Program and authorizing and directing those authorized to lobby on behalf of the Town of Marana to represent and pursue it (Tony Hunter). Presented by Gilbert Davidson, who noted that this is a standard item which is brought before Council each year. The only adjustment we made for this year is that we heard there may be some additional bills related to the construction sales tax this year, and we wanted to make sure we are able to deal with that appropriately. Council Member Kai asked if we know the total bill and what we spent last year and what this year will cost us. Mr. Davidson responded that it will be the standard contract with no increase this year — about $36K to $40K annually. Council Member Ziegler asked who would be championing on behalf of the town this year to which Mr. Davidson responded that the League will take the lead role in terms of getting the information from different members of the legislature and coordinating with cities and towns. The League executive committee, on will which the Mayor serves, will weigh in on various issues. Triadvocate assist where they can, but most of the heavy lifting will be done by the League. Motion to approve by Council Member Ziegler, second by Council Member Kai. Passed unanimously 6 -0. ITEMS FOR DISCUSSION /POSSIBLE ACTION EXECUTIVE SESSIONS. Motion to go into executive session at 7:25 p.m. on item E2 by Vice Mayor Post, second by Council Member Bowen. Passed unanimously 6 -0. E1 Executive Session pursuant to A.R.S. §38:-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town' Attorney concerning any matter listed on this agenda. E2 Executive session pursuant to A.R.S. § 38- 431.03(A)(3) and (4) regarding potential claims and legal issues associated with the Foothills development project, the Foothills Specific Plan (1990) and the original and amended Foothills development agreements (2006, 2008, and 2011). The Foothills development project is located west of Thornydale Road, about a quarter mile north of Moore Road, and about a quarter mile east of Dove Mountain Boulevard. FUTURE AGENDA ITEMS ADJOURNMENT. Motion to adjourn at 7:57 p.m. by Vice Mayor Post, second by Council Member Bowen. Passed unanimously 6 -0. January 5, 2016 Meeting Minutes 4 Marana Regular Council Meeting 01 /19/2016 Page 82 of 303 CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on January 5, 2016. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk ' January 5, 2016 Meeting Minutes 5 Marana Regular Council Meeting 01 /19/2016 Page 83 of 303 N O 0 / m - tn. A k 4 0 Council - Regular Meeting At Meeting Date: 01/19/2016 To: Mayor and Council From: Steven Cheslak, Planner II Date: January 19, 2016 Strategic Plan Focus Area: Not Applicable Subject: PUBLIC HEARING: Ordinance No. 2016.001 Relating to Development; Approving a rezoning of approximately 155 acres of land located on Linda Vista Boulevard about a mile east of the Interstate 10 /Twin Peaks Road interchange from "R -6" Residential, "R -8" Residential, "C" Large Lot Zone, "F" Cascada Specific Plan and "F" Marana Spectrum Specific Plan to "F" Linda Vista Village at Cascada Specific Plan; approving a minor amendment to the General Plan amending the land use category from Low Density Residential to Master Plan Area; and approving and authorizing the Mayor to sign the "Agreement to Terminate the Talavera Development Agreement" for a portion of the Rezoning Area (Steve Cheslak) Discussion: Summary of Application Norris Design, representing Red Point Development, is requesting approval to rezone approximately 155 acres of vacant land from "R -6" Residential, "R -8" Residential, "C" Large Lot Zone and "F" Specific Plan to "F" - Linda Vista Village at Cascada Specific Plan. The request also includes an application for a minor amendment to the Town of Marana General Plan to change a portion of the Specific Plan area General Plan land use plan category from Low Density Residential (LDR) to Master Plan Area (MPA). The property is generally located on the east side of Interstate 10, approximately a mile from the Twin Peaks Road interchange, on Linda Vista Boulevard. Rezoning Request The entire rezoning area was originally zoned "C" Large Lot as part of a 1,329 acre annexation known as the "Cortaro Vista Annexation ", approved by the Town Council in June of 1990. Within the project area, the land south of Linda Vista Blvd was subsequently rezoned in three different Marana Regular Council Meeting 01 /19/2016 Page 84 of 303 actions with different zoning designations. In January of 1994, the Arcturus -Linda Vista Rezoning, adopted by Marana Ordinance No. 94.02, established 80 acres of "R -6" Residential. The "Talavera Development Agreement" was executed and recorded in 2005 for this 80 -acre area. The adjacent 40 acres of land was rezoned in July of 1994 to "R -8" Residential. A very small portion of land, .43 acres in the southwest corner of the project area, was rezoned to Marana Spectrum Specific Plan in August of 2007 and acquired from Vintage Partners in 2014. On the north side of Linda Vista Boulevard, the 35 acre parcel of the land was rezoned from "C" Large Lot to "F" Cascada Specific Plan, with a land use designation of Natural Undisturbed Open Space, as a part of the 1,454 acre project in November of 2006. The property was originally considered set -aside land for the pygmy owl which was later deemed unwarranted. The applicant is now requesting approval of the Linda Vista Village at Cascada Specific Plan, consisting of approximately 155 acres with nine individual Planning Areas surrounded by different types of open space. The proposed land uses originate from the adjacent Cascada Specific Plan and will use the existing residential and commercial design guidelines. The Land Use Concept Plan proposes the development of approximately 26.4 acres (17 %) for Employment Center (EC) which is a mix of residential and commercial uses with related infrastructure. Different types of residential products within the Residential (R) land use category are planned for 67.8 acres (44 %). Additionally, 40.2 acres (26 %) of the site is proposed to remain as Natural Undisturbed Open Space (NUOS), and approximately 14.8 acres (10 %) is as Common Area (CA) open space. The requested rezoning is inconsistent with the Talavera Development Agreement, which covers about 76.32 acres of the Rezoning Area, so Town staff has prepared and the developer has signed an "Agreement to Terminate the Talavera Development Agreement." The proposed draft ordinance approves the termination and authorizes the Mayor to sign it. Marana General Plan The rezoning area currently assigned two General Plan land use designations, Low - Density Residential (LDR) and Master Plan Area (MPA). The LDR category is characterized by single- family detached homes on relatively large lots in a density range of 0.5 to 2.0 residences per acre where the retention of a semi - rural, open character is desired. Limited neighborhood commercial development may be allowed within this classification. The applicant is requesting to amend the General Plan land use category designation on the LDR portion of the rezoning area to MPA. The MPA designation is characterized by a variety of intensities and uses, including low to high density residential, differing scales of commercial development, industrial and employment related uses, and significant open space and natural areas with cluster development and contiguous natural undisturbed open space that results in the best mix of development and conservation. Land Use Once envisioned as a place for over 90 homesites as planned in the 80 acre, Talavera subdivision and with more residential lots allowed to the east, the owners of the property decided to rethink the best use for the land after the adjacent Marana Spectrum Specific Plan site was approved in 2007 for over one million square feet of commercial activity. Now, the Linda Vista Marana Regular Council Meeting 01 /19/2016 Page 85 of 303 Village at Cascada Specific Plan area is planned as a mixed -use district that will offer a variety of employment, commercial, retail and housing options for the residents of Marana. Along Linda Vista Boulevard, commercial and retail focused uses are planned, while the southern portion of the property is envisioned to allow destination office, commercial, residential or a combination of these uses. Linda Vista Village is located near the Twin Peaks Road Interchange along Interstate 10 which will provide significant commerce and community development opportunities that will enhance the vitality of this area. The proposed uses complement the existing uses already developing at the Marana Center and around the Twin Peaks Road Interchange. The Linda Vista Village at Cascada Specific Plan offers even more opportunity to provide diverse residential products and new commercial and office sites within the Town of Marana. The Land Use Concept Plan for Linda Vista Village at Cascada proposes the following land use designations within and around nine Planning Areas (PA): Employment Center (EC): This land use category includes a wide variety of uses including regional commercial, regional employment, and a range of medium to high density residential in order to create a mixed -use community with live /work opportunities. Residential (R): Residential land uses in the Linda Vista Village include a range of densities and housing types. These residential developments will range from medium density residential to high density residential allowing for a range of residential product, from single family detached to multi - family residential living. Within areas of residential land uses, parks and /or recreation areas will be provided. Open Space: Open space within Linda Vista Village is designated into two open space categories: Natural Undisturbed Open Space (NUOS) and Common Areas (CA). Approximately 36% of the project site will be planned as open space. Additional open space provided as Common Areas will be integrated into the planning areas as each planning area is developed. A variety of residential densities are proposed within the plan area with a maximum allowance of 693 dwelling units. Residential uses range from Medium Density Residential offering single family detached homes to High Density Residential providing opportunities for single family attached residential and multi - family residential. Residential parcel PA -2, located adjacent to the existing Oasis Hills neighborhood to the north of the development area, will be restricted to detached, single family residential homes. Residential parcels PA -7, PA -8 and PA -9 will be restricted to attached and detached, single family residential homes. Residential use is also allowed and anticipated to be developed in portions of the Employment Center planning areas. Office and commercial uses will complement the development, creating services and jobs for area residents and complimenting the adjacent land uses. Washes and drainage corridors provide opportunities for passive recreation, trail development, and open space amenities. Recreation areas will be integrated within planning areas that are developed as residential neighborhoods and multi - family developments to provide small recreation areas for residents. Additional open space will be provided within the development planning areas and adjacent to roadways, providing internal linkages, recreational opportunities and an open space network that connects residents to neighborhoods, commercial services and employment areas within Linda Vista Village. A hierarchy of public open space is provided throughout the development in the form of linear open space, drainage corridors and common areas with a trail network linking the spaces. Access and Circulation Marana Regular Council Meeting 01 /19/2016 Page 86 of 303 There will be both direct access driveways and local roads to access the planning areas adjacent to Linda Vista Boulevard and anorth /south collector road that will bisect the property and intersect with Linda Vista Boulevard requiring a full turn intersection with signal. Regional circulation includes access and connectivity to the I -10 interchange via Twin Peaks Road to Linda Vista Boulevard. A collector roadway serves as the internal circulation backbone for the project with direct access to each planning area from the main roadway. The collector will integrate a two lane divided roadway configuration for the north and south internal spine road. If additional capacity is required to convey traffic from adjacent properties, a four lane configuration will be considered as an option. As needed, the circulation network will provide internal connectivity between planning areas as a secondary roadway to augment the function of the collector. Due to the quantity and size of existing washes, internal circulation is planned to be efficient and reduce the number of wash crossings where possible. Circulation within the planning areas will utilize a series of local streets branching from the main collector roadway. Gated access points may be established at residential neighborhoods. The on -site circulation network will evolve as development plans are prepared. Utilities The rezoning area is located within the Town of Marana water service area and water supply is assured. The developer will be responsible for the design and construction of all on -site and off -site water infrastructure required to serve potable water and fire protection to the development. A water service agreement, as well as plans for the water distribution system will be required prior to development. Sewer will be provided to future development within the rezoning area by Pima County. The Pima County Regional Wastewater Reclamation Department has indicated that flows from this project can be accommodated in an existing Oasis Hill and Marana Center 8 inch public sewer line located just west of the rezoning area. Tucson Electric Power and Southwest Gas currently serves the general area and will provide service to all future development in the rezoning area. Citizen Participation The applicants held a neighborhood meeting on November 18, 2015 at the DeGrazia Elementary School in the Countryside subdivision. All property owners within 300 feet of the rezoning area, as well as all neighborhood associations in the vicinity were invited to the meeting. The meeting was attended by approximately 20 of the invitees. The predominant concern expressed by those in attendance included: increased traffic in the general area and impact of views on property owners ad acent to the west boundary of the Hartman Vista subdivision. The applicant also attended a Hartman Vista subdivision Home Owner Association meeting on December 15, 2016, prior to the Planning Commission public hearing, to further discuss the issues and listen to the concerns of the neighbors. The main point of discussion became the uncertainty of the type and height of development nearest to the west boundary of the Hartman Vista subdivision. Marana Regular Council Meeting 01 /19/2016 Page 87 of 303 Public Notification The public hearing was legally noticed in The Daily Territorial newspaper, and all property owners within 300 feet of the rezoning area were noticed by United States Mail of the date, time, and topic of the public hearing. Additional notice was posted at various locations within the community. Recommended Findings of Fact 1 The property is currently zoned "R -6" Residential, "R -8" Residential, "C" Large Lot Zone, "F" Cascada Specific Plan and "F" Marana Spectrum Specific Plan. The proposed change in zoning from to "F" Linda Vista Village at Cascada Specific Plan will require a minor amendment to the Marana General Plan for a portion of the site from the existing land use plan category of Low- Density Residential (LDR) to Master Plan Areal (MPA). 2. With the acceptance of the recommended conditions, the proposed rezoning is in compliance with all other development standards of the Land Development Code related to this zoning classification. I The proposed rezoning, with acceptance of the recommended conditions, does not appear to be detrimental to the immediate area or to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. 4. The proposed rezoning, with acceptance of the recommended conditions, does not appear to be detrimental to the immediate area or to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. Case Analysis Review criteria: 1. Ability to comply with development regulations, i.e. water, sanitation, access, developable parcel, etc.: With the acceptance of the recommended conditions the proposed rezoning complies with the requirements of all agencies. 2. Ability to comply with requirements of the zoning regulations, i.e. lot size, frontage, setbacks, etc.: With the acceptance of the recommended conditions the proposed rezoning complies with the requirements of "F" Specific Plan zoning and the purpose and intent of the Land Development Code. 3. Consistent with the purpose of the zoning regulations and with the intent of the General Plan: The proposed rezoning is consistent with the purpose and intent of the Land Development Code and the Town of Marana General Plan Master Plan (MPA) land use category. 4. Compatible with the surrounding area, harmonious with the character of the neighborhood, not detrimental to the immediate area, and not detrimental to the health, safety, or welfare of the inhabitants of the area and the Town: Based upon the requirements and conditions, the proposed rezoning does not appear to be detrimental to the immediate area or to the general health, safety, and welfare of the inhabitants of the area and the Town of Marana. Staff Recommendation: Staff recommends adoption of Ordinance 2016.001 approving the Linda Vista Village at Cascada Specific Plan and General Plan minor amendment based upon the recommended findings and subject to the conditions set forth in the draft ordinance included with these agenda materials. Planning Commission Recommendation The Planning Commission heard the request for the proposed rezoning at a public hearing held on December 16, 2015. By a vote of 6 -1, Commissioner Miller voting no, the Commission voted in favor of recommendation to the Marana Regular Council Meeting 01 /19/2016 Page 88 of 303 Town Council for approval of the Specific Plan and General Plan minor amendment subject to the conditions recommended by staff as well as the following condition: Planning Areas PA -7, PA -8 and PA -9 uses are limited to Medium Density Residential detached and attached Single Family Residential and Medium High Density Residential detached and attached Single Family Residential. Since the Planning Commission hearing, the applicant has voluntarily changed the Specific Plan Planning Area land use designation of PA -7, PA -8 and PA -9 from Employment Center to Residential and restricted the allowed uses to Medium Density Residential and Medium High Density Residential, detached and attached single family residential homes. They have also reduced their maximum number of allowed residential units from 851 to 693. These changes are intended to help clarify the intent of the rezoning condition added by the Planning Commission and address neighboring land owners concerns of the development potential. The Planning Director has determined that this revision, proposed since the Planning Commission's public hearing on this rezoning, does not individually or collectively constitute a substantial change to the rezoning as heard by the Planning Commission and is allowed to be incorporated in the final version of the Specific Plan presented to the Town Council. Suggested Motion: I move to adopt Ordinance 2016.001, approving, subject to the recommended conditions, the Linda Vista Village at Cascada Specific Plan, the associated General Plan Minor Amendment, and the Agreement to Terminate the Talavera Development Agreement. Attachments Ordinance No. 2016.001 Exhibit A Legal Description Exhibit B to Ord Termination Agt Specific Plan Location Map Application Letter of Support Marana Center Plat Marana Regular Council Meeting 01 /19/2016 Page 89 of 303 MARANA ORDINANCE NO. 2016o001 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 155 ACRES OF LAND LOCATED ON LINDA VISTA BOULEVARD ABOUT A MILE EAST OF THE INTERSTATE 10 /TWIN PEAKS ROAD INTERCHANGE FROM "R -6" RESIDENTIAL, "R -8" RESIDENTIAL, "C" LARGE LOT ZONE, "F" CASCADA SPECIFIC PLAN AND "F" MARANA SPECTRUM SPECIFIC PLAN TO "F" LINDA VISTA VILLAGE AT CASCADA SPECIFIC PLAN; APPROVING A MINOR AMENDMENT TO THE GENERAL PLAN AMENDING THE LAND USE CATEGORY FROM LOW DENSITY RESIDENTIAL TO MASTER PLAN AREA; AND APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE "AGREEMENT TO TERMINATE THE TALAVERA DEVELOPMENT AGREEMENT" FOR A PORTION OF THE REZONING AREA WHEREAS FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as Trustee under Trust Nos. 60,299, 60,300, and 60,327, and the beneficiary of those trusts, PACIFIC INTERNATIONAL PROPERTIES, L.L.P., an Arizona limited liability limited partnership, all of whom are collectively referred to in this ordinance as the "Property Owners," own approximately 155 acres of land located on Linda Vista Boulevard about a mile east of the Interstate 10 /Twin Peaks Road interchange within Sections 14, 22 and 23, Township 12 South, Range 12 East, described and depicted on Exhibit "A" attached to and incorporated in this ordinance by this reference (the "Rezoning Area "); and WHEREAS the Property Owners have authorized Norris Design to submit an application to rezone the Rezoning Area from "R -6" Residential, "R -8" Residential, "C" Large Lot Zone, "F" Cascada Specific Plan and "F" Marana Spectrum Specific Plan to "F" Linda Vista Village at Cascada Specific Plan ( "this Rezoning "), and amend the 2010 Marana General Plan for a portion of the Rezoning Area from Low Density Residential to Master Plan Area; and WHEREAS the Marana Planning Commission held a public hearing on this Rezoning on December 16, 2015 and voted 6 to 1 to recommend that the Town Council approve this Rezoning and its associated General Plan Amendment subject to the recommended conditions; and WHEREAS further adjustments in the areas of the various land use categories have and other revisions have been made since the Marana Planning Commission's December 16 public hearing on this Rezoning; and WHEREAS the Planning Director has determined that the adjustments and revisions proposed since the Marana Planning Commission's December 16 public hearing on this Rezoning do not individually or collectively constitute a substantial change to the Rezoning as heard by the Marana Planning Commission; and 00044682.DOCX /1 Marana Ordinance No. 2016.001 - 1 - Marana Regular Council Meeting 01 /19/2016 1/11/2016 12:34 PM SC /FC Page 90 of 303 WHEREAS the Marana Town Council held a public hearing on this Rezoning on January 19, 2016 and determined that the requested Rezoning and its associated General Plan Amendment should be approved; and WHEREAS the Talavera Development Agreement affects a portion of the Rezoning Area and implements a 1994 rezoning which is being superseded and replaced by this Rezoning; and WHEREAS the Marana Town Council and the Property Owners desire to terminate the Talavera Development Agreement as it applies to the Rezoning Area by the execution and recording of the "Agreement to Terminate the Talavera Development Agreement." NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of the Rezoning Area is hereby changed from "R -6" Residential, "R -8' Residential, "C" Large Lot Zone, "F" Cascada Specific Plan and "F" Marana Spectrum Specific Plan to "F" Linda Vista Village at Cascada Specific Plan. Section 2. A minor amendment to the General Plan is hereby approved, changing the General Plan designation of a portion of the Rezoning Area from Low Density Residential to Master Plan Area. Section 3. 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 Owners and their successors in interest (all of whom are collectively included in the term "Property Owners" in the following conditions) : 1. Compliance with all applicable provisions of the Town's codes and ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements and payment of application fees and applicable development impact fees. 2. Any preliminary plat or development plan for any portion of the Rezoning Area shall be in 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 Owners and accepted by the Town Engineer prior to Town approval of a preliminary plat or development for any portion of the Rezoning Area. 4. A water infrastructure and phasing plan (WIP) must be submitted by the Property Owners and accepted by the Marana Water Department (the "water provider ") prior to approval of a preliminary plat for any portion of the Rezoning Area. The WIP shall identify all on- site and off -site water facilities needed to serve the proposed development. The WIP shall include all information required by the water provider, such as (but not limited to) analysis of water use and fire flow requirements, and well source, reservoir, and booster station infrastructure needed to serve the proposed development. If the water provider requires a water service agreement as a condition of service to the proposed development, the Property Owners must enter into a water service agreement with the water provider consistent with the accepted WIP. 00044682.DOCX /1 Marana Ordinance No. 2016.001 -2- Marana Regular Council Meeting 01 /19/2016 1/11/2016 12:34 PM SC /FC Page 91 of 303 5. A master sewer plan must be submitted by the Property Owners and accepted by Pima County Regional Wastewater Reclamation Department (the "wastewater utility ") prior to the approval of any final plat or development plan for the Rezoning Area. The master sewer plan shall identify all on -site and off -site wastewater facilities needed to serve the proposed development, and shall include all information required by the wastewater utility. If the wastewater utility requires a sewer service agreement as a condition of service to the proposed development, the Property Owners must enter into a sewer service agreement with the wastewater utility consistent with the accepted master sewer plan. 6. The Property Owners must design and construct any roadway, drainage, water, and wastewater improvements, and dedicate or acquire any property rights associated with those improvements, that the Town requires based on the data and findings of the accepted traffic impact analysis, the accepted master drainage study, the accepted WIP, the accepted master sewer plan, and other studies approved in connection with the approval of a preliminary plat or development plan for any portion of the Rezoning Area. 7. The final design of all streets and circulation facilities, including gated access (if applicable) and emergency access, must be accepted by Northwest Fire District prior to Town Council consideration of a final plat for any portion of the Rezoning Area. 8. The maximum number of residential dwelling units within the Rezoning Area shall not exceed 693. 9. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the Property Owners from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The Property Owners should retain appropriate experts and consult appropriate federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 10. The Property Owners shall transfer to Marana, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II for the Town providing designation of assured water supply and water service to the Rezoning Area. If Type I or Type II is needed on the Rezoning Area, the Town and the Property Owners shall arrive at an agreeable solution to the use of those water rights appurtenant to the affected portion of the Rezoning Area. 11. Prior to the issuance of any grading permits, the Property Owners shall submit evidence to the Town that all federal permit requirements have been met through the Corps of Engineers and the State Historic Preservation Office, if federal permits are required for the development of the Rezoning Area. 12. A 100% clearance survey for the desert tortoise shall be completed by a qualified biologist at the Property Owners' 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 Owners 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 Owners' expense. 00044682.DOCX /1 Marana Ordinance No. 2016.001 -3- Marana Regular Council Meeting 01 /19/2016 1/11/2016 12:34 PM SC /FC Page 92 of 303 13. The Property Owners shall not cause any lot split of any kind without the written consent of the Town of Marana. 14. Within 60 days after the adoption of this ordinance the Property Owners shall provide the Planning Department with ten bound copies and three electronic copies on CD in PDD format which will also include graphics of the tentative development plan in JPEG or other suitable format of the Linda Vista Village at Cascada Specific Plan. 15. An annual report shall be submitted within 30 days of the anniversary of the Town Council approval of the Linda Vista Village at Cascada Specific Plan in accordance with the requirements defined in the Land Development Code. 16. The Property Owners shall be responsible for the following conditions pertaining to the design and construction of off -site roadway improvements: a. The Property Owners shall reconstruct Linda Vista Boulevard as a four -lane divided roadway from the point where the four -lane section currently ends eastward to approximately the northeast corner of the northwest quarter of the northwest quarter of Section 23, Township 12 South, Range 12 East. b. The Property Owners shall install a traffic signal at the intersection of Linda Vista Boulevard and the main driveway depicted in the Linda Vista Village at Cascada Specific Plan (driveway 4S /4N in the traffic study), to include a westbound left turn lane on Linda Vista Boulevard. c. The Property Owners shall construct right -turn lanes on eastbound Linda Vista Boulevard at all driveways from the Rezoning Area. At the Town's option, a continuous right turn lane may be required in lieu of individual right turn lanes. d. At the point of 50% of build -out of the Linda Vista Village at Cascada Specific Plan (as determined by the Town's Planning Director), the Property Owners shall update the traffic study to verify that development is proceeding in accordance with the projections of the traffic study prepared for this Rezoning. The Property Owners shall construct additional improvements consistent with the findings of the updated traffic study. 17. The Property Owners shall dedicate the necessary rights -of -way for Linda Vista Boulevard with the recording of the first subdivision plat for any portion of the Rezoning Area or within 60 days of written request from the Town Engineer. 18. Public vehicular and utility access through Linda Vista Village at Cascada to the land located south of the Rezoning Area and consisting of the northwest quarter of the southwest quarter of Section 23, Township 12 South, Range 12 East (currently identified as the Interstate Industrial Associates property, Pima County Assessor's Parcel Number 221 -06 -0100) shall be dedicated when a subdivision plat is recorded or a development plan is approved for any portion of the Rezoning Area located south of Linda Vista Boulevard. 19. Planning Areas PA -7, PA -8 and PA -9 uses are limited to Medium Density Residential detached and attached Single Family Residential and Medium High Density Residential detached and attached Single Family Residential. 00044682.DOCX /1 Marana Ordinance No. 2016.001 -4- 1/11/2016 12:34 PM SC /FC Marana Regular Council Meeting 01 /19/2016 Page 93 of 303 Section 4. The Mayor is hereby authorized and directed to execute and the Town Clerk is hereby authorized and directed to attest to, for and on behalf of the Town of Marana, the "Agreement to Terminate the Talavera Development Agreement" attached to and incorporated by this reference in this ordinance as Exhibit B. Section 5. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19 day of January, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00044682.DOCX /1 Marana Ordinance No. 2016.001 Marana Regular Council Meeting 01 /19/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney -5- 1/11/2016 12:34 PM SC /FC Page 94 of 303 Exhibit A —Legal Description EXHIBIT A- LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS: PARCEL NO. 1: That portion of Section 22, Township 12 South, Range 12 East, Gila & Salt River Base and Meridian, Pima County, Arizona, described as follows: Commencing at the Northeast corner of said Section, from which the East quarter corner of said Section bears South 00 degrees 30 minutes 54 seconds East (basis of bearing), a distance of 2633.58 feet; Thence along the East line of said Section, South 00 degrees 30 minutes 54 seconds East, a distance of 2343.10 feet to the Point of Beginning; Thence continuing South 00 degrees 30 minutes 54 seconds East, a distance of 290.48 feet to said East quarter corner; Thence leaving said East line, along the East -West midsection line of said Section, South 89 degrees 34 minutes 53 seconds West, a distance of 332.33 feet; Thence leaving said East -West midsection line, North 83 degrees 52 minutes 17 seconds East, a distance of 40.20 feet, to a point of intersection with a non - tangent curve; Thence Northeasterly along said curve, having a radius of 286.10 feet, concave Northwesterly, whose radius bears North 00 degrees 43 minutes 56 seconds East, through a central angle of 91 degrees 14 minutes 20 seconds, a distance of 455.59 feet to the Point of Beginning. PARCEL NO. 2: The Southeast quarter of the Northwest quarter of Section 23 AND the West 30 feet; the South 30 feet; and the East 30 feet of the Northeast quarter of the Northwest quarter, of Section 23, Township 12 South, Range 12 East, Gila & Salt River Base and Meridian, Pima County, Arizona. PARCEL NO. 3: INTENTIONALLY DELETED - Parcel 3 combined with Parcel 2 Linda Vista Village at Cascada Specific Plan Marana Regular Council Meeting 01 /19/2016 Page 95 of 303 Exhibit A —Legal Description PARCEL N0.4: The West half of the Northwest quarter of Section 23, Township 12 South, Range 12 East, Gila & Salt River Base and Meridian, Pima County, Arizona; Except that portion thereof lying within the plat of MARANA CENTER, according to Sequence No. 20142340180, records of Pima County, Arizona. PARCEL N0. 5: Common Area D #3A, CASCADA, according to Book 64 of Maps and Plats, page 35, records of Pima County, Arizona. Linda Vista Village at Cascada Specific Plan Marana Regular Council Meeting 01 /19/2016 Page 96 of 303 AGREEMENT TO TERMINATE THE TALAVERA DEVELOPMENT AGREEMENT (Town of Marana, Arizona) THIS AGREEMENT (this "Agreement ") is made and entered into by and among the TowN OF MARANA, an Arizona municipal corporation (the "Town "), PACIFIC INTERNATIONAL PROPERTIES, L.L.P., an Arizona limited liability limited partnership (the "Developer "), and FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as Trustee under Trust No. 60,299 and not in its corporate capacity (the "Trust "). The Town, the Developer, and the Trust are sometimes collectively referred to as the "Parties," any of which is sometimes individually referred to as a 'Party. RECITALS A. on July 19, 2005, the Town, TIERRA TALAVERA LLC, an Arizona limited liability compa- ny, and ESTEs LAND AND DEVELOPMENT Co., an Arizona corporation, entered into the "Talavera Development Agreement," recorded in the office of the Recorder of Pima County, Arizona, on July 20, 2005, at Docket 12598 Page 1552 (Sequence 20051390422) (the "Talavera DA "). B. The land area that was the subject of the Talavera DA was an 80 -acre parcel of land legal- ly described as the west half of the northwest quarter of Section 23, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian (the "Talavera Land "). C. The Trust acquired the Talavera Land by Special warranty Deed recorded in the office of the Recorder of Pima County, Arizona, on January 17, 2007, at Docket 12972 Page 5989 (Se- quence 20070110967). D. The Trust sold a small portion at the northwest corner of the Talavera Land to VP Marana Investments, LLP, by Special Warranty Deed recorded in the office of the Recorder of Pima County, Arizona, on May 21, 2014, at Sequence 20 141410437, leaving the Trust as the owner of approximately 76.32 acres of the Talavera Land, which is referred to in this Agreement as the "Remaining Talavera Land." E. The Developer is the sole beneficiary of the Trust. F. The Talavera DA was executed to facilitate the development of a project implementing the Arcturus -Linda Vista Rezoning, adopted by Marana ordinance No. 94.02. G. The Developer has submitted an application for rezoning referred to as PCZ1503 -001 Linda Vista Village at Cascada Specific Plan (the "Linda Vista Village Rezoning "), which is scheduled for Town Council consideration on January 19, 2016. H. The Linda Vista Village Rezoning anticipates development of the Remaining Talavera Land that is inconsistent with the Talavera DA, so for consistency and clarity of the record the Parties desire to terminate the Talavera DA as it applies to the Remaining Talavera Land concur- rently with the effective date of the Linda Vista Village Rezoning. 00044667.DOCX /1 1/8/2016 10:47 AM FJC AGREEMENT TG TERMINATE THE TALAVERA DEVELOPMENT AGREEMENT - 1 - Marana Regular Council Meeting 01 /19/2016 Page 97 of 303 AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Agreement, the Parties hereby agree as follows: 1. Termination of the Talavera DA. The Talavera DA is hereby terminated with respect to the Remaining Talavera Land, effective upon the effective date of the Linda Vista Village Rezoning. 2. Conflict of Interest. This Agreement is subject to A.R.S. § 38 -511, which provides for can- cellation 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 The "Developer ": PACIFIC INTERNATIONAL PROPERTIES, L.L.P. , an Arizona limited liability limited partnership I: Ed Honea, Mayor Date: FA 1"0 Jocelyn C. Bronson, Town Clerk APPROVED AS To FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA SS County of Pima ) B 1 Daniel Leu ,Authorized Agent Date: I 14,1 The "Trust ": FIDELITY NATIONAL TITLE AGENCY, INC., an Arizonzcorporation, as Trustee under Trust No. 60, 9 and not in its corporate capacity By: Martha L. Hill, Trust Officer Date: / //- / �. The foregoing instrument was acknowledged before me on January _K, 2016, by Daniel Leung, Authorized Agent of PACIFIC INTERNATIONAL PRoPERTiEs L.L.P., an Arizona limited liability limited partnership, on behalf of the LLP. (Seal) KIM WA4 0NER %WyPWft-%ft01AMFh==M too, PMCOU ary Public 00044667.DOCX /1 1/8/2016 10:47 AM FJC AGREEMENT To TERMINATE THE TALAVERA DEVELOPMENT AGREEMENT -2- Marana Regular Council Meeting 01 /19/2016 Page 98 of 303 STATE OF ARIZONA ss County of Pima } The foregoing instrument was acknowledged before me on January , 2016, by Martha L. Hill, Trust officer of FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as Trustee under Trust No. 60,299 and not in its corporate capacit . (Seal) Notary Public OFFICIAL SEAS. ELISA MARRIOTT NOTARY PUBLIC-ARIZONA PIMA COUNTY My Comm. Exp. May 17 2018 00044667.DOCX /I AGREEMENT To TERMINATE THE TALAVERA DEVELOPMENT AGREEMENT -3- 1/8/2016 10:47 AM FJC Marana Regular Council Meeting 01 /19/2016 Page 99 of 303 m ■ ■ I& AV . I& i■ ■ ■ Iddahk ■ Submitted to: Town of Marana 11555 W. Civic Center Dr. Marana, AZ 85753 Prepared for: Red Point Development 8710 N. Thornydale Rd., Suite 120 Tucson, AZ 85742 Prepared by: TWM TuK*w, Adpmia W01 1. ,.5 low NORKIS DESIGN . Pi- Piliog I LWscape ArMLlecWre! Marana Regular Council Meeting 01 /19/2016 Page Ue 2015 Linda Vista Village at Cascada Specific Plan Town of Marana Submitted to: Town of Marana 11555 W. Civic Center Dr. Marana, AZ 85753 Prepared for: Red Point Development 8710 N. Thornydale Rd., Suite 120 Tucson, AZ 85742 Contact: Larry Kreis Ph: (520) 408 -2300 Prepared by: Norris Design 418 N. Toole Ave. Tucson, AZ 85701 Contact: Stacey Weaks, PLA Ph: (520) 622 -9565 CMG Drainage Engineering 3555 N. Mountain Ave. Tucson, AZ 85719 Contact: Clint Glass, PE Ph: (520) 882 -4244 M Esparza Engineering 6542 W. Winter Valley Way Tucson, AZ 85757 Contact: Marcos Esparza, PE Ph: (520) 207 -3358 Presidio Engineering 190 S. Stratford Dr., Suite 105 Tucson, AZ 85716 Contact: John Wood, PE Ph: (520) 795 -7255 SWCA Environmental Consultants 343 W. Franklin St. Tucson, AZ 85701 Contact: Russell Waldron Ph: (520) 325 -9194 Linda Vista Village at Cascada Specific Plan Marana Regular Council Meeting 01 /19/2016 Page 101 of 303 Table of Contents PART I - PROJECT INTRODUCTION ............... ............................... 1 A. Specific Plan Introduction ................................. ............................... 1 B. Specific Plan Authority &Scope ............................ ............................... 2 C. Specific Plan Vision ...................................... ............................... 2 D. Location ................................................ ............................... 3 E. Legal Description ........................................ ............................... 6 PART II - DEVELOPMENT PLAN........ 7 A. Purpose & Intent ......................................... ............................... 7 B. Conformance / Consistency to Adopted Plans ................ ............................... 8 1. Marana 2010 General Plan .............................. ............................... 8 2. Marana Strategic Plan .................................. ............................... 8 3. Cascada and Cascada North Specific Plans ................. ............................... 8 C. Compatibility with Adjoining Development .................... ............................... 9 D. Land Use Concept Plan ................................... ............................... 9 1. Employment Center ( EC) ............................... ............................... 10 2. Residential (R) ....................................... ............................... 10 3. Open Space ......................................... ............................... 11 E. Circulation Concept Plan ................................. ............................... 14 F. Open Space, Recreation, & Trails Concept .................. ............................... 16 G. Landscape Concept ..................................... ............................... 18 H. Grading Concept ....................................... ............................... 18 I. Post Development Hydrology ............................. ............................... 19 J. Public Service & Utilities ................................. ............................... 23 1 . Police Service ....................................... ............................... 23 2 . Fire Service ......................................... ............................... 23 3 . Schools ............................................ ............................... 23 4 . Water .............................................. ............................... 23 5 . Wastewater ......................................... ............................... 24 6. Trash Removal & Recycling ............................. ............................... 24 7 . Other Utilities ........................................ ............................... 24 Linda Vista Village at Cascada Specific Plan i December 2015 Marana Regular Council Meeting 01 /19/2016 Page 102 of 303 Table of Contents K. Existing Land Uses ..................................... ............................... 29 Purpose & Intent ........................................ ............................... 1. Zoning Boundaries and Existing Land Uses ................ ............................... 29 General Provisions ...................................... ............................... 2. Land Use Impact Assessment ........................... ............................... 29 L . Topography ............................................ ............................... 29 2. Additional Uses ...................................... ............................... 1. Land Use Plan Response to the Site ...................... ............................... 29 Development Regulations ................................ ............................... 2. Encroachment onto Slopes of 15% or Greater ............... ............................... 29 Residential Development Regulations ...................... ............................... 3. Cross -Slope Calculations ............................... ............................... 30 M . Vegetation ............................................. ............................... 32 N. How Land Use Concept Plan Mitigates Impacts to Wildlife ..... ............................... 32 0 . Views ................................................. ............................... 32 P . Traffic ................................................. ............................... 32 Q. Recreation & Trails ...................................... ............................... 33 1. Employment Center ( EC) ............................... ............................... 1. Recreation Areas to be Provided within the Development ...... ............................... 33 Non - Residential Design Criteria ........................... ............................... 2. Ownership of Natural / Modified Open Space within the Development ........................... 33 3. Access to Off -site Trails & How Access will be Maintained ...... ............................... 33 R. Cultural, Archaeological & Historic Resources ............... ............................... 33 PART III - DEVELOPMENT REGULATIONS &DESIGN STANDARDS.......... 35 A . Purpose & Intent ........................................ ............................... 35 B. General Provisions ...................................... ............................... 35 1. Applicable Codes ..................................... ............................... 35 2. Additional Uses ...................................... ............................... 36 C. Development Regulations ................................ ............................... 36 D. Residential Development Regulations ...................... ............................... 38 1. Medium Density Residential ( MDR) ....................... ............................... 38 2. Medium High Density Residential (MHDR) ................. ............................... 40 3. High Density Residential ( HDR) .......................... ............................... 42 E. Residential Design Criteria ............................... ............................... 44 F. Non - Residential Development Regulations .................. ............................... 44 1. Employment Center ( EC) ............................... ............................... 44 G. Non - Residential Design Criteria ........................... ............................... 45 Marana Regular Council Meeting 01 /19/2016 Page 103 of 303 Table of Contents H. Open Space Development Regulations ..................... ............................... 45 Purpose & Intent ........................................ ............................... 1. Natural Undisturbed Open Space ( NUOS) .................. ............................... 45 Proposed Changes to Zoning Ordinance ................... ............................... 2. Common Area (CA) ................................... ............................... 46 General Implementation Responsibilities ................... ............................... 3. Trails .............................................. ............................... 47 Development Review Procedure .......................... ............................... 4. Maintenance ........................................ ............................... 47 I. Utility Development Standards ............................ ............................... 48 J. Roadway Standards ..................................... ............................... 48 Phasing ............................................... ............................... 1. Minimum Roadway Development Standards ................ ............................... 48 K. Landscape Standards ................................... ............................... 49 1. Enforcement ........................................ ............................... 1. Streetscape Character ................................. ............................... 49 2. Protected Development Rights /Vested Rights .............. ............................... 2. Landscape Transition Areas ............................. ............................... 49 3. Administrative Change ................................. ............................... 3. Hardscape Design Elements ............................ ............................... 49 L. Monumentation & Signage ............................... ............................... 50 1. Monumentation ...................................... ............................... 50 2. Signage ............................................ ............................... 51 3. Materials / Color Scheme ............................... ............................... 51 M . Public Art .............................................. ............................... 51 N. Drainageway Standards ................................. ............................... 52 PART IV - IMPLEMENTATION &ADMINISTRATION ............................. 53 A . Purpose & Intent ........................................ ............................... 53 B. Proposed Changes to Zoning Ordinance ................... ............................... 53 C. General Implementation Responsibilities ................... ............................... 53 D. Development Review Procedure .......................... ............................... 53 E. Design Review Process .................................. ............................... 54 F. Planning Area Uses ..................................... ............................... 54 G . Phasing ............................................... ............................... 55 H. Specific Plan Administration .............................. ............................... 55 1. Enforcement ........................................ ............................... 55 2. Protected Development Rights /Vested Rights .............. ............................... 55 3. Administrative Change ................................. ............................... 55 Linda Vista Village at Cascada Specific Plan iii December 2015 Marana Regular Council Meeting 01 /19/2016 Page 104 of 303 Table of Contents 3.1 Planning Area Boundaries .............................. ............................... 57 4. Substantial Change ................................... ............................... 57 5. Interpretation ........................................ ............................... 57 6. Fees ............................................... ............................... 57 7. Annual Report ....................................... ............................... 58 EXHIBITS PART I — PROJECT INTRODUCTION Exhibit 1: D.1 - Regional Context ............................... ............................... 4 Exhibit 1: D.2 - Aerial Context ................................. ............................... 5 PART II — DEVELOPMENT PLAN Exhibit 11: D.1 - Land Use Concept Plan ........................ ............................... 13 Exhibit 11: E.1 - Circulation Concept Plan ....................... ............................... 15 Exhibit 11: F.1 - Open Space, Recreation. Parks & Trails Concept Plan ............................. 17 Exhibit 11: 1.1 - Post - Project Drainage Map ...................... ............................... 21 Exhibit 11: J.1 - Proposed Water Service ........................ ............................... 25 Exhibit 11: J.2 - Water Availability Letter ......................... ............................... 26 Exhibit 11: J.3 - Proposed Sewer Service ....................... ............................... 27 Exhibit 11: J.4 - Sewerage Capacity Investigation ................. ............................... 28 Exhibit 11: L.1 - Encroachment onto Slopes of 15% or Greater ...... ............................... 31 TABLES PART II — DEVELOPMENT PLAN Table 11: D.1 Land Use Summary .............................. ............................... 12 iv Marana Regular Council Meeting 01 /19/2016 Page 105 of 303 Table of Contents APPENDICES &FIGURES APPENDIX A — DEFINITIONS A -1 APPENDIX B — DEVELOPMENT CAPABILITY REPORT e -1 A. Purpose & Intent ....................................... ............................... B -1 B. Existing Land Uses .................................... ............................... B -1 1. Existing On -site Land Uses ............................ ............................... B -1 2. Existing On -site Zoning ............................... ............................... B -2 3. Contextual Information on Property within a 1/4 mile ......... ............................... B -2 4. Location & Ownership of Wells/Well Sites within 1 00' from Site . ............................... B -3 Table B: B.1 Contextual Information on Property within 1/4 mile. ............................... B -3 Exhibit B: B.1 - Context Plan ........................... ............................... B -4 Exhibit B: B.2 - Existing Land Use ....................... ............................... B -5 Exhibit B: B.3 - Existing Zoning ......................... ............................... B -6 Exhibit B: B.4 - Adjacent Specific Plan Land Use ............ ............................... B -7 Exhibit B: B.5 - Existing /Approved Subdivisions ............. ............................... B -8 Exhibit B: B.6 - Wells within 1 00' of Site ................... ............................... B -9 C. Topography .......................................... ............................... B -10 1. Significant Site Topography ........................... ............................... B -10 Exhibit B: C.1 - Existing Topographic Features ............ ............................... B -12 D. Hydrology ........................................... ............................... B -13 1. Off -site Watersheds Affecting or Affected by the Site ........ ............................... B -13 2. Significant Off -site Features, Natural or Man- made ......... ............................... B -13 3. Upstream Off -site Watersheds with 100 -year Discharge Greater than 50 cfs ..................... B -13 4. On -site Hydrology .................................. ............................... B -14 Exhibit B: D.1 - Off -Site Watersheds ................... ............................... B -15 Exhibit B: D.2 - Pre - development Hydrology ............ ............................... B -17 Exhibit B: D.3 - FEMA Floodplain Map ................. ............................... B -19 E. Vegetation ........................................... ............................... B -21 1. Vegetative Communities & Associations on Site ........... ............................... B -21 Table B: E.1 - Vegetative Communities .................. ............................... B -21 Exhibit B: E.1 - Vegetative Communities ................. ............................... B -22 2. Significant Cacti, Groups of Trees, & Federally - listed Threatened / Endangered Species ........... B -23 Exhibit B: E.2 - Significant Vegetation ................... ............................... B -24 Table B: E.2a - Plant Species of Special Status ............ ............................... B -25 Table B: E.2b - Status Definitions ....................... ............................... B -25 Linda Vista Village at Cascada Specific Plan v December 2015 Marana Regular Council Meeting 01 /19/2016 Page 106 of 303 Table of Contents 3. Vegetative Densities by Percentage of Plant Cover ......... ............................... B -25 Exhibit B: E.3 - Vegetative Densities ............. ............................... B -26 F. Wildlife .............................................. ............................... B -27 Table B: F.1 a - Species of Special Status ................. ............................... B -28 Table B: F.1 b - Status Definitions ....................... ............................... B -28 Exhibit B: F.1 a - Wildlife Corridors ...................... ............................... B -29 Exhibit B: F.1 b - Arizona Game and Fish Department Letter .. ............................... B -30 G. Soils & Geology ...................................... ............................... B -40 Exhibit B: G.1 - Soils Map ............................ ............................... B -41 H. Viewsheds ............................................ ............................... B -40 1. Viewsheds into & Across the Site ....................... ............................... B -40 2. Areas of High Visibility from Adjacent Off -site Locations ..... ............................... B -40 Exhibit B: H.1 - Views from /into the Site .................. ............................... B -42 1. Traffic ................................................. ............................... B -45 1. Existing / Proposed Off -site Streets between the Development & Nearest Arterial Streets .......... B -45 2. Arterial Streets within 1 Mile of the Project Site ............ ............................... B -45 Table B: 1.1 - Nearest Arterial Streets .................... ............................... B -46 3. Existing / Proposed Intersections on Arterials within 1 Mile of the Site .......................... B -47 4. Existing Bicycle / Pedestrian Ways Adjacent to the Site ...... ............................... B -47 J. Recreation & Trails ..................................... ............................... B -48 1. Description of Trails, Parks, and Recreation Areas within 1 Mile of the Site ...................... B -48 Exhibit B: J.1 - Trails, Parks, & Recreation Areas ........... ............................... B -49 K. Cultural, Archaeological, & Historical Resources ............ ............................... B -48 L. Existing Infrastructure & Public Facilities .................. ............................... B -50 1 . Water ............................................ ............................... B -50 2 . Sewer ........................................... ............................... B -50 Exhibit B: L.1 - Water Facilities ........................ ............................... B -51 Exhibit B: L.2 - Existing Sewer Service .................. ............................... B -52 3. Schools & Libraries ................................. ............................... B -53 4. Police, Fire & Emergency Services ..................... ............................... B -53 5. Solid Waste Disposal & Recycling ...................... ............................... B -53 6. Other Utilities ...................................... ............................... B -53 Exhibit B: L.3 - Public Facilities within 1 Mile Radius ........ ............................... B -54 Exhibit B: L.4 - Other Utilities .......................... ............................... B -55 M. Composite Constraints (Mcharg) Map ..................... ............................... B -56 Exhibit B: M.1 - Composite Constraints Map .................. ............................... B -57 Vi Marana Regular Council Meeting 01 /19/2016 Page 107 of 303 Table of Contents APPENDIX C LEGAL DESCRIPTION ............................................. ............................... C -1 APPENDIX D STREET SECTIONS ................................................. ............................... D -1 APPENDIX E PROPOSED PLANT LIST ......................................... ............................... E -1 APPENDIX F TRAFFIC IMPACT STUDY ............................................ ............................F -1 APPENDIX G — DECLARATION OF RESTRICTION &MAINTENANCE COVENANT..... G -1 Linda Vista Village at Cascada Specific Plan vii December 2015 Marana Regular Council Meeting 01 /19/2016 Page 108 of 303 Part I. Marana Regular Council Meeting 01 /19/2016 Page 109 of 303 Part I — Project Introduction PART I — PROJECT INTRODUCTION A. SPECIFIC PLAN INTRODUCTION The Linda Vista Village at Cascada Specific Plan defines a set of comprehensive planning guidelines and regulations for the development of approximately 155 acres located in the Town of Marana, Arizona. This Specific Plan intends to establish standards for the development and improvement of the property through site analysis, land use planning, and development and design standards. Land uses will be consistent with approved development plans for neighboring properties and the Marana 2010 General Plan. Development standards and regulations guiding the implementation of the Land Use Concept Plan are established within this Specific Plan. This Specific Plan is a regulatory plan that will be adopted by ordinance. In lieu of traditional zoning, the Specific Plan will allow the implementation of a detailed and focused land use plan in conformance with the Marana 2010 General Plan. Once adopted, the Linda Vista Village at Cascada Specific Plan will supersede all existing zoning for the site and will be a regulatory instrument for the Town of Marana. The project site is located in southeast Marana east of Interstate 10 (1 -10), approximately a mile from the Twin Peaks Road interchange. Once envisioned as a site for over 90 homesites, as planned in the 80 acre Talavera subdivision, and with more residential lots allowed to the east, a redesign of the property was considered after the adjacent Marana Spectrum Specific Plan site was approved in 2007 for over one million square feet of commercial activity. In order to provide the best use for the land, the Linda Vista Village at Cascada Specific Plan will provide for a multi - phased, mixed -use community consisting of an assortment of uses including retail, office, commercial and residential opportunities. This variety will afford a wide range of employment opportunities for not only prospective residents, but for residents of neighboring subdivisions, existing and planned. South of Linda Vista Boulevard, the project shares its western site boundary with the Marana Center, a 170 acre retail center, currently under construction and part of the Marana Spectrum Specific Plan. North of Linda Vista Boulevard, the project shares its northern and western site boundaries with properties of the Cascada Specific Plan, a 1,454 acre master planned community that proposes a mix of residential, commercial, light industrial, recreation, and open space opportunities. Certain design elements of the Cascada Specific Plan as well as physical connections with adjacent development projects are integrated within this Specific Plan so that Linda Vista Village at Cascada may function harmoniously with its neighbors, ensuring a well - balanced, dynamic community. Linda Vista Village enhances the opportunity to deliver a mix of uses in a key activity center at the Twin Peaks Road interchange. The current zoning allows for residential uses within the southern portion of the property. Based on the current zoning and General Plan designation, up to 500 dwelling units may be permitted. The Linda Vista Village Specific Plan requests an increase in overall units to accommodate a mix of future uses that may include multi - family development to complement the commercial and office development in this activity center area. Linda Vista Village proposes a maximum of 693 dwelling units comprised of a mix of single family residential and multi - family formats. Linda Vista Village at Cascada Specific Plan 1 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 110 of 303 Part I — Project Introduction B. SPECIFIC PLAN AUTHORITY &SCOPE Authority for preparation of Specific Plans is set forth in the 2010 Arizona Revised Statutes, Section 9- 461.08. State law allows for the preparation of Specific Plans based on the General Plan, as may be required for the systematic execution of the General Plan and allows for approval and adoption of Specific Plans. Town of Marana Ordinance 87.22 provides the uniform procedures and criteria for the preparation, review, adoption, and implementation of Specific Plans for the Town of Marana. Pursuant to these statutes and ordinances, a public hearing will be conducted by the Town Planning Commission and the Town Council, after which the Specific Plan may be adopted by the Town Council and become effective. This Specific Plan is consistent with the Marana 2010 General Plan and is in accordance with the Growing Smarter Act of 2000. The Specific Plan, when adopted, will serve as the zoning and development code for the Linda Vista Village at Cascada property and all subsequent approvals must be in conformance with this Specific Plan. C. SPECIFIC PLAN VISION Linda Vista Village at Cascada is planned as a mixed -use community with opportunities for employment, commercial, retail and residential. Linda Vista Village will contribute to the Town of Marana's image as an urban center that draws employment and investment into the community. Integrating a variety of land uses will create a community which evolves seamlessly with the development of the Town of Marana. Linda Vista Village will have the ability to adapt to the future; as Marana's needs change, this Specific Plan provides the ability to respond to those needs. The vision for Linda Vista Village is similar to that of the Cascada Specific Plan, located north and west of the property. Both plans incorporate similar land uses, although site planning is specific to each site. It is the intent of this Specific Plan to follow the design theme already established within the Cascada to create compatibility between the adjacent properties. Linda Vista Village and Cascada are being developed by the same developer, Red Point Development, and since they are neighboring properties, consistency in materials, architectural elements, and building massing, setbacks and orientation is preferred. Linda Vista Village is based on principles of neighborhood design that will result in a great place to live, work, play and shop, in the immediate and long -term future. The vision for the development is outlined below in the community objectives. Marana Regular Council Meeting 01 /19/2016 Page 111 of 303 Part I — Project Introduction Objectives of the Linda Vista Village at Cascada Specific Plan: • Process and adopt the Specific Plan to provide a precise understanding of development and FUTURE GROWTH for Linda Vista Village. • Ensure coordinated, responsible planning through the use of COHESIVE procedures, development regulations, and development and design standards. • Encourage thoughtful site planning to create an ATTRACTIVE development while making use of the property's natural features, views and proximity to regional modes of transportation. • Provide a Land Use Concept Plan that will allow for FLEXIBILITY in land use to respond to future market needs and consumer demands. • Encourage a mixed -use, DIVERSE COMMUNITY that provides for a variety of land uses such as residential, single and multi- tenant offices, light industrial parks, research and development facilities, financial institutions, hotel and hospitality, health care facilities, retail, commercial, recreational and community services. • Provide appropriate transitions between land uses while encouraging an overall integrated COMMUNITY CHARACTER. • Create a sense of IDENTITY and PLACE through the establishment of design guidelines. • Provide FLEXIBILITY in site design with respect to design, building heights, orientation and density, open space and parking. • Maximize the UNIQUE features and views of the site and CHARACTER of the region. • PRESERVE and ENHANCE on -site natural open space features. • Promote EFFICIENT use of land, energy and natural resources resulting in low maintenance costs for the developer and Town over the long -term through reasonable INFRASTRUCTURE requirements. D. LOCATION Located within the Town of Marana in Pima County, Arizona, the Linda Vista Village site is located in Sections 14, 22 and 23, Township 12 South, Range 12 East, G. & S.R.M. Comprised of four (4) parcels (parcel ID's 216 -19 -5800, 221- 06 -004C, 221 -06 -0020, and 221- 04 -002B) totaling approximately 154.96 acres, the property is located east of the intersection of Linda Vista Boulevard and Twin Peaks Road and west of Hartman Lane. See Exhibit 1: D.1 - Regional Context, p. 4 and Exhibit 1: D.2 - Aerial Context, p. 5. Linda Vista Village at Cascada Specific Plan 3 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 112 of 303 Part I — Project Introduction Exhibit 1: D.1 - Regional Context -. Santa CrU2 . N, _ _ Riv 1, 1 t0J:ir,:m 4 Marana Regular Council Meeting 01 /19/2016 Page 113 of 303 Source: Pima County GIS, October 2014 p ; 2 4 miles LEGEND ® Project Site SCALE: 1" = 2 mikes Part I — Project Introduction Exhibit 1: D.2 - Aerial Context Clascad ax, Il1 k ' : OasisHillsall* �ti# k ` 4.� +' Oasis e } . L'9. °i°r !!!�`Y - A. { •: . Ift gro ' �! ry i ar J .. ` r : ' �.�. f :. 1 P k rF° a ,. ■ =! � r ' r _ c e y, # „�w l..t. t,IR�k„; .• _. ry q ', 5 a .7.,h '� �� Tk- _ " W , ° a co po ted e Unin r ra. Pima County r� e Cas V11Ia,ge *!e , : �$ a Y � P ti ! . t -. '' rw•u �' e { It ! * ,. 1 � - _ — , - = -T f � •�1 Ile 1 r 5 4 ; e 'Jr a lb - L 7epd 1 - f 9 , } sp i • � n r 'a i .ice - .=i._•t�. -� • i ,� .. el. —L i ._ JF'��'� {,�y� q, �P'A r -' - a .� 1'� .T - 66 + � of y r i s L` _ . 1 L a. + .fit- �`.•_� � ! 1 - a gq .• a ems" Ir iL .!,. ' _. • q � �" • l:L •� 1 " • -' 1 �•Y4 rt;i ° •� 4 e e + . •4 '. F . R '1'n�y� '-� a ... '# k � F ..} a '� � ; '.. 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Source: Pima County GIS, October 2014 100 1000 2000' LEGEND r —, SCALE. 1" - 1000' L —J Project Site Marana Town Limits M E N N E■ Linda Vista Village at Cascada Specific Plan 5 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 114 of 303 At 1 AL a Ift gro ' �! ry i ar J .. ` r : ' �.�. f :. 1 P k rF° a ,. ■ =! � r ' r _ c e y, # „�w l..t. t,IR�k„; .• _. ry q ', 5 a .7.,h '� �� Tk- _ " W , ° a co po ted e Unin r ra. Pima County r� e Cas V11Ia,ge *!e , : �$ a Y � P ti ! . t -. '' rw•u �' e { It ! * ,. 1 � - _ — , - = -T f � •�1 Ile 1 r 5 4 ; e 'Jr a lb - L 7epd 1 - f 9 , } sp i • � n r 'a i .ice - .=i._•t�. -� • i ,� .. el. —L i ._ JF'��'� {,�y� q, �P'A r -' - a .� 1'� .T - 66 + � of y r i s L` _ . 1 L a. + .fit- �`.•_� � ! 1 - a gq .• a ems" Ir iL .!,. ' _. • q � �" • l:L •� 1 " • -' 1 �•Y4 rt;i ° •� 4 e e + . •4 '. F . R '1'n�y� '-� a ... '# k � F ..} a '� � ; '.. W t it .,. , Y` 1fi�,F i Ali I�a Y 'L 9 +.'n_� .� . , Fk fJ- 'r` } } ,• - i ce ` e a1 Ir T °q,' i I I ' �� � �.ry°,Pr l � � ' • • +A ■ �F'�'f � " * "�° � �_� I" f ' k 7 P� ; , °� { � _ 4 $'.z , r.. ' kl a a Pro ect e Sit J s Mariana Center ,a IL *L, Hartgman Vistas _iA 5 F 6 1' J •a + � IVI�a ra n�a Th i � ■ e , � _ ..'� � 3 '�' � � . -�'° s�,a k,° 3 + ;.. _ �a �. ,�`. .� k i s�_, �''� f' X' {c', # °} �� •�+ �. a e. • , - .. „ ,� ke , _ � ,., . � Y :. . 1 Y �,� � d� _ 9Y .',r � �� � .. lip • a +Y r r e k ! _ i e• fp .. �I 1 K , a . • ' 'i ° 4 . 4 - ._ Y, . ° 9 , i' . i. ,:.f: 1 ..a,`' -,.8: .. 'k - V I { 1 I I _ ' s _i r� . Source: Pima County GIS, October 2014 100 1000 2000' LEGEND r —, SCALE. 1" - 1000' L —J Project Site Marana Town Limits M E N N E■ Linda Vista Village at Cascada Specific Plan 5 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 114 of 303 Part I — Project Introduction E. LEGAL DESCRIPTION (See Appendix C -Legal Description) Marana Regular Council Meeting 01 /19/2016 Page 115 of 303 Part II. Marana Regular Council Meeting 01 /19/2016 Page 116 of 303 Part II — Development Plan PART II — DEVELOPMENT PLAN A. PURPOSE& INTENT This section of the Linda Vista Village at Cascada Specific Plan details the Development Plan which establishes the overall guidelines for the development of the property consistent with the vision and intent of the Town of Marana by defining land use designations and any special conditions and considerations related to the development of each parcel. The intent of this Specific Plan is to implement the Town of Marana General Plan with creative development and design modifications that allow a unique project vision based on the specific needs of the project site. This Specific Plan will function as a governing document by which the project, as it moves forward, is designed, approved and developed. This affords the Town of Marana control of the land use and general layout over the course of build -out subject to the development standards of this document. It also ensures the developer a basic use by right, avoiding possible misinterpretation or confusion in the future by other parties. The Development Plan combines the site specific project vision for Linda Vista Village and the Marana 2010 General Plan with information gathered in the Development Capability Report (see Appendix B) to deliver a viable program for the future development of the property. Provisions of this Specific Plan are activated by "shall" when required, "should" when recommended, and "may" when optional. Linda Vista Village at Cascada Specific Plan 7 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 117 of 303 Part II — Development Plan B. CONFORMANCE / CONSISTENCY TO ADOPTED PLANS Adopted plans that play a role in the design, approval and development of Linda Vista Village at Cascada are the Town of Marana 2010 General Plan, Marana Strategic Plan and the Cascada Specific Plan. It is the intent of this Specific Plan to integrate both of these governing plans and modify some of the development and design criteria to create a project vision specific to the Linda Vista Village site. This Specific Plan is in conformance with the intent of the Town of Marana 2010 General Plan and the Marana Strategic Plan and is consistent with the Cascada Specific Plan, except where noted herein. 1. Marana 2010 General Plan Located in the southern portion of the Northeast Growth Area, Linda Vista Village at Cascada is consistent with the Marana 2010 General Plan. The standards and criteria outlined in the General Plan shall apply to this project, except as modified in this Specific Plan to improve the design and /or originality of the project. The Marana 2010 General Plan designates two (2) land uses on the Linda Vista Village site: (1) the area north of Linda Vista Boulevard is Master Plan Area, (2) the remaining site area south of Linda Vista Boulevard is Low Density Residential. With the integration of residential, commercial, retail, office and open space opportunities proposed within this Specific Plan, the development supports the General Plan's strategic vision and reinforces the Town's core values of "creating community, orderly growth, and economic opportunity." 2. Marana Strategic Plan Linda Vista Village at Cascada is in conformance with the updated Marana Strategic Plan that was adopted January 6, 2015. The vision aligns with the 2015 Town of Marana Strategic Plan providing opportunities for commerce, community and recreation in a key growth area for the Town. Linda Vista Village is located at the emerging Twin Peaks Interchange along Interstate 10 (I -10), providing significant commerce and community development opportunities to enhance the vitality of this growth area. 3. Cascada and Cascada North Specific Plans North of Linda Vista Boulevard, properties adjacent to Linda Vista Village on its northern and western site boundaries are part of the approved Cascada Specific Plan. A master planned community totaling 1,454 acres, Cascada integrates a variety of uses including a mixed use village center, employment center, residential, recreation, and open space. Immediate adjacent land uses include Medium Density Residential (MDR), Natural Undisturbed Open Space (NUOS), and Employment Center (EC). The Cascada Specific Plan was approved by the Town Council on December 5, 2006 by Ordinance 2006 -23, a Final Plat for Cascada was then approved on January 6, 2009 by Resolution 2009 -01. The Cascada North Specific Plan was approved by the Town Council on November 15, 2011 by Ordinance 2011 -31 which rezoned approximately 557 acres of the Cascada Specific Plan area and the remaining 108 acres of the Northgate Specific Plan area. The portion of Linda Vista Village that is north of Linda Vista Boulevard was originally part of the Cascada Specific Plan. The Linda Vista Village at Cascada Specific Plan will supersede the development regulations of the Cascada Specific Plan for this area only. s Marana Regular Council Meeting 01 /19/2016 Page 118 of 303 Part II — Development Plan Linda Vista Village will incorporate certain design and development elements of the Cascada Specific Plan to ensure a cohesive blending between the adjoining developments. Land use patterns will correspond with and provide appropriate transitions to the Cascada Development Plan. The intent of this Specific Plan is to be an extension of the Cascada Specific Plan, while still providing some original planning and design elements that are site specific. C. COMPATIBILITY WITH ADJOINING DEVELOPMENT Development surrounding Linda Vista Village is predominately residential to the north and east, with undeveloped land to the south. Neighboring the property's northern and eastern site boundaries are the existing Oasis Hills and Hartman Vistas residential subdivisions. Adjacent to the property's western site boundary is the future Cascada Village (north of Linda Vista Boulevard) and Marana Center (south of Linda Vista Boulevard), two approved subdivisions that incorporate an assortment of uses, most of which are embodied within this Specific Plan. Marana Center will be a mixed use development anchored by the recently completed Simon Premium Outlets. Marana Center and Cascada Village establish a strong mixed use area at the Twin Peaks Interchange and Linda Vista Boulevard. Development at the Twin Peaks Interchange has established a significant service area that will grow as a regional draw. The proposed development opportunities in the Twin Peaks Interchange area will be complemented by the proposed uses for Linda Vista Village. In addition, the compatibility between Linda Vista Village and neighboring developments is further strengthened by integrating design elements of adjacent development plans and incorporating buffers between the proposed development and existing residential communities. For a map of adjoining development refer to Appendix B Development Capability Report, Exhibit B: B.5 Existing /Approved Subdivisions, p. B -8. D. LAND USE CONCEPT PLAN Linda Vista Village at Cascada is envisioned as a mixed -use district that will offer a variety of employment, commercial, retail and housing options for the residents of Marana. Along Linda Vista Boulevard commercial and retail focused uses are planned, while the southern portion of the property is envisioned to allow destination office, commercial, residential or a combination of these uses. Linda Vista Village is located at the emerging Twin Peaks Interchange along Interstate 10 (1 -10) providing significant commerce and community development opportunities to enhance the vitality of this growth area. The proposed uses complement the uses developing around the Twin Peaks Interchange and offer opportunities to provide diverse residential products, commercial services and office platforms at a premier location within the Town of Marana. The Land Use Concept Plan for Linda Vista Village is illustrated in Exhibit 11: D.1 - Land Use Concept Plan, p. 13. As shown on this exhibit, the proposed land use designations include residential, employment center, natural undisturbed open space, and common areas. Although there is four (4) designated residential parcels on the Land Use Concept Plan, residential is allowed and anticipated to be developed in some or portions of the remaining Employment Linda Vista Village at Cascada Specific Plan 9 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 119 of 303 Part II — Development Plan Center planning areas. A variety of residential densities are proposed with the plan, ranging from Medium Density Residential offering single family detached homes to High Density Residential providing opportunities for single family attached residential and multi - family residential. The entire project site will have a maximum allowance of 693 dwelling units. Office and commercial uses round out the development program, creating services and jobs for area residents and complimenting adjacent land uses. Washes and drainage corridors provide opportunities for passive recreation, trail development, and open space amenities. Recreation areas will be integrated within planning areas that are developed as residential neighborhoods and multi - family developments to provide small recreation areas for residents. A summary of Linda Vista Village's land uses is provided in Table 11: D.1, Land Use Summary, p. 12. The development's proposed land uses include: 1. Employment Center (EC): This land use category includes a wide variety of uses including regional commercial, regional employment, and a range of medium to high density residential in order to create a mixed -use community with live /work opportunities. It is anticipated that EC uses will include single and multi- tenant offices, light industrial parks, research and development facilities, financial institutions, hotel and hospitality, health care facilities, governmental office, and tourist oriented facilities. In addition, the EC planning areas will support commerce or business such as office, restaurant, personal business services, retail sales, financial institutions, specialty retail and entertainment, theater, recreational and cultural uses, gasoline /service stations, car washes, repair business, dry cleaning, laundry, educational, religious, institutional and daycare facilities. Manufacturing and warehousing will not be allowed uses within the EC planning areas. The planning areas adjacent to Linda Vista Boulevard (PA -1, PA -4 & PA -5) are planned for higher intensity EC uses such as retail, commercial and /or office, while the planning areas located internally in the community (PA -3 and PA -6) are expected to be destination office, commercial or residential uses. The intensity of the EC planned uses will be appropriately programmed based on the size of the planning area, ease of access, visibility, and location within Linda Vista Village. Residential opportunities within the EC land use category include a range of densities and configurations, including single family detached homes, apartments, multi - family residential and retail /office with upper floor residential lots. Residential and other permitted non - residential uses may be located side by side or stacked vertically, creating a mixed -use product for the community. 2. Residential (R): Residential land uses in the Linda Vista Village include a range of densities and housing types. Planning Area 2 (PA -2) will provide for single family residential to complement the character and density of Oasis Hills and Oasis Hills 11, the adjacent existing residential neighborhood to the north. PA -7, PA -8 and PA -9 will provide for single family residential detached and attached product, providing a transition from the existing residential 10 Marana Regular Council Meeting 01 /19/2016 Page 120 of 303 Part II — Development Plan neighborhood to the east (Hartman Vistas) and the Marana Center to the west of Linda Vista Village at Cascada. Within the Employment Center parcels, it is anticipated that entire or portions of planning areas may be developed as residential uses. These residential developments will range from medium density residential to high density residential allowing for a range of residential product, from single family detached to multi - family residential living. Within areas of residential land uses, parks and /or recreation areas will be provided. 3. Open Space: Open space within Linda Vista Village is designated into two (2) open space categories: Natural Undisturbed Open Space (NUOS) and Common Areas (CA). A minimum of 30% of the project site will be planned as open space. Additional open space provided as Common Areas will be integrated into the planning areas as each planning area is developed. Natural Undisturbed Open Space (NUOS) areas will encompass all riparian habitat areas, be specified in the block plat as natural open space areas, and will not be a part of any lot or specific development parcel. Strategic road crossing locations within Linda Vista Village have been programmed into the plan to mitigate disturbance of the NUOS areas. Through Covenants, Conditions, and Restrictions (CC &Rs), utility easements, trail connections and other grading restrictions, these NUOS areas will be protected from disturbance. Common Areas (CA) will be characterized as open space areas that provide recreation, active and passive open space, buffers, drainage and trail facilities. Common areas may include the following open space designations: Open Space / Drainage areas will be utilized for conveyance of off -site and on -site water, retention facilities, and may contain limited recreational amenities such as multi - purpose sports fields, play equipment, or multi -use trails. At trail or roadway crossings, grade control structures will be incorporated to maintain a stable channel condition. Open Space / Drainage areas are planned along the eastern boundary and then traverse the site to the south west corner of the property. Portions of these areas will be enhanced with native plant species to provide visual buffering, wildlife habitat and connectivity for wildlife. • Open Space / Recreation areas will be located within the planning areas as general open space and recreation areas with passive and active open space areas, unifying the overall Linda Vista Village at Cascada property both physically and visually. These areas will be planned in detail at the design and platting stages of development. Linda Vista Village at Cascada Specific Plan 11 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 121 of 303 Part II — Development Plan The table below provides a summary of land uses, including each Planning Area, land use designation, acreage, target units per planning area, target density of residences per acre and development types allowed in the planning areas. See Exhibit II: D.1 - Land Use Concept Plan, p. 13 for location of Planning Areas. Linda Vista Village will have a maximum of 693 dwelling units. The target units are allowed to be transferred between planning areas to accommodate increased developed density in a planning area. TABLE II: D.1 LAND USE SUMMARY Planning Area Land Use Area (Acres) Target Units Target RAC Development Type PA -1 EC 4.8 48 10.0 EC / MDR / MHDR / HDR PA -2 R 9.6 48 5.0 MDR PA -3 EC 7.4 74 10.0 EC / MDR / MHDR / HDR PA -4 EC 3.5 - EC PA -5 EC 1.0 - EC PA -6 EC 9.7 175 18.0 EC /MHDR /HDR PA -7 R 20.4 122 6.0 MDR / MHDR PA -8 R 16.9 101 6.0 MDR / MHDR PA -9 R 20.9 125 6.0 MDR / MHDR ROW 5.7 DEVELOPED TOTAL TOTAL 99-9/64% 693 max. NUOS -1 NUOS 9.5 NUOS -2 NUOS 7.3 NUOS -3 NUOS 23.4 CA -1 CA 3.4 CA -2 CA 10.5 CA -3 CA 0.9 OPEN SPACE TOTAL (2) PROJECT TOTAL 55.0/36% 154.9 693 max. Notes: 1. Only single family detached and attached product will be allowed in PA -7, PA -8 and PA -9. 2. An additional 5% -10% Common Area Open Space will be provided within the individual Planning Areas at the design and platting stage. 12 Marana Regular Council Meeting 01 /19/2016 Page 122 of 303 Part II — Development Plan Exhibit II: D.1 - Land Use Concept Plan 50'Buffer a '0asis_Hills _ . � h •9� R 4 yy�e� P PA -2 r .. 9.6 AC NUOS -1 Cascada Village Hartman �-- Vistas T T �l 1 i E NORTH Source: Pima County GIS, October 2014 p 300' Epp' 1200' LEGEND SCALE. 1" _ 600' 0 R: Residential F Right-of-way F EC: Employment Center Full -Turn Intersection w/ Signal Planning Area Access F CA: Common Area Secondary Access Site Boundary F NUOS: Natural Undisturbed Open Space Jurisdictional Determined Washes ,,,, Marana Town Limits MN Linda Vista Village at Cascada Specific Plan 13 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 123 of 303 Part II — Development Plan E. CIRCULATION CONCEPT PLAN As displayed on Exhibit II.E.1: Circulation Concept Plan, p. 15, direct access to this project will be provided through access points on Linda Vista Boulevard. There will be both direct access driveways and local roads to access the planning areas adjacent to Linda Vista Boulevard and a north / south collector road that will bisect the property and intersect with Linda Vista Boulevard requiring a full turn intersection with signal. Regional circulation includes access and connectivity to the 1 -10 interchange via Twin Peaks Road to Linda Vista Boulevard. A collector roadway serves as the internal circulation backbone for the project with direct access to each planning area from the main roadway. The collector will integrate a two (2) lane divided roadway configuration for the north and south internal spine road. If additional capacity is required to convey traffic from adjacent properties, a four (4) lane configuration will be considered as an option. As needed, the circulation network will provide internal connectivity between planning areas as a secondary roadway to augment the function of the collector. Due to the quantity and size of existing washes, internal circulation is planned to be efficient and reduce the number of wash crossings where possible. Circulation within the planning areas will utilize a series of local streets branching from the main collector roadway. Gated access points may be established at residential neighborhoods. The on -site circulation network will evolve as the development plans are prepared. The overall general circulation concept is depicted in Exhibit 11: E.1 - Circulation Concept Plan, p. 15. The circulation plan for the Linda Vista Village incorporates a hierarchy of roadways that includes: 1. Collector Street 2. Commercial Street 3. Local Residential Collector Street 4. Local Residential Street On -site roadway cross - sections are discussed in the Development and Design Standards section and illustrated in Appendix D of this Specific Plan. Required off -site roadway improvements will be identified by the Town based on the findings from the traffic impact study (TIS) prepared by M Esparza Engineering, LLC and submitted under separate cover, as well as traffic analyses that will be required with the submittal of block and preliminary plats. This traffic study includes: an analysis of existing intersections within one mile of the project site; evaluation of the impact of the project on existing major roadways in close proximity to the site; analysis of effects the proposed development will have on pedestrian, bicycle and transit activity in the area; site generated daily traffic volumes; future daily traffic volumes; and provides recommendations to mitigate (if necessary) undesirable traffic conditions that the project may cause. The TIS is approved by the Town's Transportation Engineer. 14 Marana Regular Council Meeting 01 /19/2016 Page 124 of 303 Part II — Development Plan Exhibit II: E.1 - Circulation Concept Plan . � Oasis�Hill§ r PA -2 9.6 AC NUOS -1 Cascada Village PA -3 Collector Road PA - i _ 2 Lane Configuration AC{ i (See Appendix D for Road Secti r e i Marana f Center Source: Land Use Concept Plan, December 201 LEGEND Full -Turn Intersection w/ Signal Secondary Access Existing Road 0 Proposed Road ROW ��� ■ra�rrrr�rrri���f�� i Harar man Vs as= l F= NORTH 4 0 300' 600' 1200' SCALE. 1" - 600' Planning Area Access Jurisdictional Determined Washes Site Boundary Marana Town Limits MENNEN Linda Vista Village at Cascada Specific Plan 15 November 2015 Marana Regular Council Meeting 01 /19/2016 Page 125 of 303 Part II — Development Plan F. OPEN SPACE, RECREATION, &TRAILS CONCEPT The land use concept plan for Linda Vista Village at Cascada designates open space areas as Natural Undisturbed Open Space (NUOS) and Common Areas (CA), which accounts for approximately 55.0 acres or 36.0% of the project area. Additional open space will be provided within the development planning areas and adjacent to roadways, providing internal linkages, recreational opportunities and an open space network that connects residents to neighborhoods, commercial services and employment areas within Linda Vista Village. A hierarchy of public open space is provided throughout the development in the form of linear open space, drainage corridors and common areas with a trail network linking the spaces. Recreation areas shall be provided in all residential neighborhoods, providing for active and passive recreation opportunities within a minimum of a one - quarter mile distance from residents. The minimum size for on -site recreation areas will meet the Town of Marana requirements of 100 square feet for each apartment /condominium unit, 140 square feet for each town home or patio home unit, and 185 square feet for each single family residence. An in -lieu fee may be considered for the park requirement. These recreational areas shall be connected, where possible, through the internal trail system. Planning areas developed in the Employment Center land use categories that are programmed as retail, commercial, office or apartments shall be designed to include plazas, courtyards, and gathering spaces designed to enhance the pedestrian experience and to further social interaction. This Specific Plan supports the objectives of the Town of Marana Trails System Master Plan and the Pima County Trail System Master Plan by continuing bicycle and pedestrian linkages through the project and to the surrounding area. A pedestrian connection will be coordinated with the Marana Center to provide connectivity between the properties along the western edge of Linda Vista Village. At the site's northeast corner, opportunities for a pedestrian connection with Pima County's Scotties Loop will also be explored. The internal north /south collector roadway shall form the backbone of the trail system, providing a detached sidewalk and bike lanes to connect to Linda Vista Boulevard and ultimately to off -site trails and recreation areas. Secondary and neighborhood trails will connect to this main north /south trail corridor, creating a network of non - vehicular circulation that will link the entire Linda Vista Village community. Along the shoulders of existing washes and proposed drainage corridors, walking trails will be provided, where possible. Trails will not be allowed in sandy wash bottoms. Utility corridors may be used as trail networks to enhance the overall trail system. Areas utilized for drainage and retention shall incorporate an informal or formal recreation element where feasible. Open space programming will be finalized and submitted in detail during the platting and site planning process. Linda Vista Village's open space, recreation, parks and trails system is illustrated in Exhibit II: F.1 -Open Space, Recreation, Parks, and Trails Concept Plan, p. 17. 16 Marana Regular Council Meeting 01 /19/2016 Page 126 of 303 Part II — Development Plan Exhibit II: F.1 - Open Space, Recreation. Parks & Trails Concept Plan r w J -7 - PA -2 9.6 AC J . J J � 1 r � Cascada - i Village FULUIC k.UiiiIMLIU1i with Twin Peaks Rd'' f Future Connection to Marana Center (Location to be determined) F i Marana Center i e CA1 -2 f _ r -tma Ha n -,�� -- Vistas PA-9 20.9 AC NORTH Source: Land Use Concept Plan, December 2014 0 300' 600' 1200' LEGEND -- - " -' m * a Striped - Shoulder Bicycle Route F CA: Common Area SCALE. 1 600' W- MEN Detached Sidewalk 0 NUOS: Natural Undisturbed Open Space i Site Boundary mmmmmm Internal Trail = Jurisdictional Determined Washes Marana Town Limits MENNEN Scottie's Loop Oasis Hills - -� Rr r Potential Connection with Scottie's Loop NUOS - (Pima County Trails Master Plan) �5 S .A %A Y.- 1../.\.%A V V N 1 \r Y -N 1 \A Linda Vista Village at Cascada Specific Plan 17 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 127 of 303 Part II — Development Plan G. LANDSCAPE CONCEPT The landscape theme for Linda Vista Village at Cascada is designed to blend into and enhance the existing on -site and surrounding landscape. The design intent is to maintain a desert theme, incorporating low water use trees, shrubs, groundcovers, and accents that will provide shade, visual interest, buffering and aesthetic values to the project. Plant materials indigenous to and that blend with the Sonoran Desert will be used (See Appendix E Proposed Plant List). Areas of significant vegetation within the Natural Undisturbed Open Space (NUOS) will be preserved in place, while significant vegetation located within development parcels will be preserved in place if possible or transplanted within project open space areas of possible. The overall landscape concept will provide year -round interest while maintaining a native appearance and create connectivity and continuity throughout the project. The Development and Design Standards provided in Part III of this document will provide detailed information regarding the design and implementation of buffer treatments, street concepts, project edges and landscape themes. H. GRADING CONCEPT The grading concept, like the Land Use Concept Plan, has been tailored to accentuate the positive qualities of the site such as viewsheds and vegetative quality while also providing a realistic approach to dealing with drainage, access and topography. The Linda Vista Village site slopes from northeast to southwest and contains predominantly sheet flow drainage patterns composed of low capacity alluvial channels, which flow toward the Union Pacific Railroad (UPRR) and 1 -10 both of which contain drainage crossings with inadequate capacity. Additionally, the quality of vegetation occurring across the property generally decreases from northeast to southwest. Further, the site also contains Army Corps of Engineers 404 jurisdictional waters. The basis of the grading concept is to minimize impact to the site and address the design constraints mentioned above. Consequently, the degree of grading ranges from ungraded natural drainageways to intensely graded development areas. The intense grading activities include the mass grading for residential /commercial super pads as well as grading for major roadways, utilities and drainage facilities. Throughout the Specific Plan area are five natural drainageways running from northeast to southwest that range in size from 150 feet to 650 feet bottom width. These drainageways will provide for conveyance of runoff as well as wildlife. Fill will be placed to form the super pads. The outer edge of the super pads will form the banks of the natural drainageways. The fill depths of the super pads will range from 1.5 feet to 2.0 feet. This fill will also elevate finished floor elevations above the water surface of the 100 -year flood event associated with the adjacent natural drainageways. The banks of the super pads will be protected with structural protection. Ultimately, each planning area will be developed with its own internal grading and drainage solution to satisfy the retention /detention requirements. 18 Marana Regular Council Meeting 01 /19/2016 Page 128 of 303 Part II — Development Plan Finally, temporary fencing will be used to provide a physical barrier separating construction of the above improvements from any set aside areas, natural washes or other undisturbed areas similar to Cascada and Cascada North Specific Plans. I. POST DEVELOPMENT HYDROLOGY Off -site storm water will be conveyed through the project site within drainage features /open space areas or via constructed channels. The land use plan proposes five natural wash corridors, three of which are aligned with the major washes. Width of the wash corridors ranges from 150 feet to 600 feet. Bank protection will be provided along the boundaries of the wash corridors where needed to protect adjoining development from the threat of erosion. Two interceptor channels will be constructed along the east property boundary to collect flows associated with the smaller washes. One of these channels will be located along the east property boundary between Linda Vista Boulevard and a point about 900 feet north thereof. This channel will intercept flows associated with concentration points #3, 4 and 5 (a total of 170 cubic feet per second). Flow will be conveyed south to Linda Vista Boulevard where the channel turns west for a distance of approximately 1,000 feet, then drains to an existing culvert beneath the road. This culvert outlets to an existing channel constructed in conjunction with Marana Center. The second interceptor channel will be located along the east property boundary south of Linda Vista Boulevard. The upstream end of this channel begins just south of concentration point #7. The channel runs due south from there for a distance of about 900 feet where it outlets to a natural wash corridor. This channel intercepts flows arriving at concentration points #8 and 9 (a total of 127 cfs). Both interceptor channels will be fully lined with concrete or soil cement and have top widths ranging from 15 to 25 feet. Interceptor channels will comply with Drainage Standards Manual Section 8.5.13.2 unless otherwise agreed upon with the Town of Marana. It is anticipated that detention will be provided within a series of on -site basins to be located adjoining the open space areas /natural wash corridors. See Exhibit 11: 1.1 - Post - Project Drainage Map, p. 21.Onsite detention /retention will comply with the requirements for development within critical basin areas. Onsite peak flow rates will be reduced by 15% or more. Detention of offsite flows is not necessary since onsite detention will be provided to reduce existing conditions storm water runoff from the project by 15% and because offsite discharges are generally consistent with the capacity of downstream drainage structures. 100 -year peak discharge rates computed in conjunction with this rezoning application are similar to those computed in conjunction with previous studies for adjoining projects. Results are in some cases 5% to 10% higher but sufficiently similar to conclude that downstream drainage facilities have capacity to except anticipated flows. Construction of detention to reduce onsite flows by 15% should result in discharges along the downstream boundary that close to the design capacity of downstream drainage structures. Linda Vista Village at Cascada Specific Plan 19 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 129 of 303 Part II — Development Plan On -site generated stormwater will be conveyed to the on -site retention /detention areas via the interior street network by a series of storm drains, scuppers, curb openings, etc., which will be designed during the platting process. On -site stormwater conveyance will adhere to current Town of Marana development standards and applicable basin management plans. All building pads will be designed to be a minimum of 1 foot above adjacent 100 -year flood elevations. The project will require a master drainage plan during the platting process. Linda Vista Village has approved Preliminary Jurisdictional Delineations (PJD) under the previous property names as Oasis Hills (SPL- 2013 - 00801 -MAA) and Talavera Property (SPL-2014-00359- DB). The permit application will be separate from the existing Cascada 404 permit. 20 Marana Regular Council Meeting 01 /19/2016 Page 130 of 303 fD (Q n fD fD GF� MW,.- � PA -2 � 9.6 AC STABILIZED INTERCEPTOR uos -1 0 CHANNEL 9.5 PA-1 Jp /� ` 4.8 AC I -i►` S PA -4 3.5 Ac MA ANA SPECTRUM,.. m PA -6 PA -3 I 7.4 AC CA -� r I +I - — — — - - r— INDA VISTA BLVD PA -5 1.0 AC PROJECT S -2 SITE 7.3 aC CA -3 r 0.9 Ac STABILIZED INTERCEPTOR -CHANNEL I b� �i f Part II — Development Plan J. PUBLIC SERVICES &UTILITIES 1. Police Service Linda Vista Village is located within the incorporated limits of the Town of Marana and shall be served by the Town of Marana Police Department. 2. Fire Service Linda Vista Village will be served by the Northwest Fire District. The remaining portion of the property was annexed into the Northwest Fire District on June 15, 2015 per Resolution #2015- 017- Talavera East Annexation, State Docket #10- 8692 -16. 3. Schools Linda Vista Village is located within the Marana Unified School District. Degrazia Elementary School, Tortolita Middle School, and Mountain View High School are expected to serve the site. It is projected that the residential areas of the development will not generate a sufficient population of students to warrant the location of a school site within the community. A contribution or fee may be given to the Marana School District for school -age housing consisting of single family detached units and a proportionate amount for attached and multi - family units. Consideration and credit shall be given for the substantial commercial and retail tax base generated by the project. There shall be no school contribution or fee for any age- restricted or retirement housing or other non - residential buildings constructed within the property. Contribution fees, if any, shall be determined prior to the approval of a Final Plat and shall be set forth in a Development Agreement. 4. Water Marana Water will provide water service for Linda Vista Village. The site will be served by connecting to the existing "Y" Zone and "Z" Zone mains directly adjacent to the site and in Linda Vista Boulevard, as shown in the Exhibit II: J.1 - Proposed Water Service, p. 25. The "Z" Zone main will be used to service Planning Areas 1, 2, 3 and 5. The new main will connect into the existing 16 inch water main in Linda Vista Boulevard and move northwest through the project site and connect into the existing 16 inch water main at the northwest boundary of the Specific Plan area. The "Y" Zone main will be used to serve Planning Areas 4, 6, 7, 8, and 9. The new main will connect into the existing 12 inch main in Linda Vista Boulevard and will move south and east through the project, within the right -of -way of the central collector roadway. The main will then proceed west along the southern boundary of the project and then north along the west boundary of the project, where it will connect back into the 12 inch main in Linda Vista Boulevard. On -site distribution will be installed generally within public right -of -way where feasible and planning, design and construction will be in accordance with the Town of Marana Standards and Specifications and other applicable agency guidelines. A Water Service Agreement (WSA) with Linda Vista Village at Cascada Specific Plan 23 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 132 of 303 Part II — Development Plan the Town of Marana will outline the phasing and infrastructure requirements as described herein. Changes may be necessary to the proposed water plans detailed in the Specific Plan to meet the requirements of the WSA. In this case the requirement of the WSA will supersede those of the Specific Plan. A Water Availability Letter dated January 5, 2015 indicates that the proposed development lies within the assured water supply for the Marana Utilities Department. However, approval of water meter applications is subject to the availability of water service at the time an application is made. Additionally, improvement plans must be reviewed and approved for hydraulic review, fire flow and proposed on- site /off -site facilities. See Exhibit II: J.2 - Water Availability Letter, p. 26 for additional information. 5. Wastewater Pima County will provide sewer service for Linda Vista Village. Connection to the existing Oasis Hills Outfall Sewer (Plan No. G- 2003 -054), which runs along the project's northwest boundary, will provide public gravity sewer service to Planning Areas PA -1, PA -2 and PA -3 of the proposed Linda Vista Village project. The remaining planning areas (PA -4, PA -5, PA -6, PA -7, PA -8, and PA -9) can be served by connecting into the Marana Center Public Sewer Phase I (Plan NO. G- 2014 -037), at the southwest corner of the Specific Plan area. It is intended that the project can be provided gravity sewer service through the construction of 8 inch laterals that will connect directly into the existing 8 inch Oasis Hills Outfall Sewer and 8 Inch Marana Center Public Sewer Phase I. See Exhibit II: J.3 - Proposed Sewer Service, p. 27 for additional details. Sewer capacity investigation No. 2014 -291, dated January 15, 2015, from Pima County Regional Wastewater Reclamation Department, indicates that there is currently capacity in the downstream public sewer system. However, capacity it limited and is dependent upon the time of construction for other projects in the area. Future augmentations will need to be constructed to improve capacity of the downstream system. See Exhibit II: J.4 - Sewerage Capacity Investigation, p. 28 for additional information. 6. Trash Removal &Recycling Trash removal and recycling shall be provided by private contractors. 7. Other Utilities Natural Gas Southwest Gas shall provide natural gas service and installation. Communications Century Link shall provide telephone service and line installation. Electric Tucson Electric Power (TEP) shall provide electrical service and facility installation. Cable Television Comcast shall provide cable television service. 24 Marana Regular Council Meeting 01 /19/2016 Page 133 of 303 Part II — Development Plan Exhibit II: J.1 - Proposed Water Service ( Exist. 8" 'T' Zone Watermain Plan No. ENG- 0504 -009 Exist. 16" 'T' Zone Watermain Plan No., ENG- 0301 -004 _ L!!! , 1 r Exist. 12" "Y" Zone' Watermain Plan No. G15/22/23- 0102WA NUOS- .- i it �f Source: Presidio Engineering, Inc. December 2014 0 300' Epp' 1200' LEGEND SCALE: 1 " = 600' Exist. Town of Marana "Z" Zone Watermain Proposed Town of Marana "Z" Zone Watermain Exist. Town of Marana "Y" Zone Watermain Proposed Town of Marana "Y" Zone Watermain Marana Water Zone Boundary Site Boundary Exist. 16" "Z" Zone 3 Watermain Plan No. ENG- 0301 -004 CA -1 y Y LlndaVista Boulevard.-__— Exist. 8" 'T' Zone Watermain Plan No. ENG- 011 -002 Linda Vista Village at Cascada Specific Plan 25 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 134 of 303 Part II — Development Plan Exhibit 11: J.2 - Water Availability Letter MARANA Z�=/ I \' UTILITIES DEPARTMENT January 5, 2015 Mr. John Wood, P.E., LEED -AP PRESIDIO ENGINEERING, INC. 190 S. Stratford Drive, Suite #105 Tucson, AZ 85716 SUBJECT: Water Availability for the Linda Vista Specific Plan; Parcel Nos.: 216-19-5800,221- 06-004C, 221 -06 -0020 and 221 -002B; T12S, R12E, Sections 14 and 23 Dear Mr. Wood: WATER SUPPLY The Town of Marana has been designated by the State of Arizona Department of Water Resources (ADWR) as having an assured water supply. The development lies within the boundary of the Town of Marana water service area and water supply is assured. However, this does not mean that water service is currently available to the proposed development. WATER SERVICE The approval of water meter applications is subject to the availability of water service at the time an application is made. The developer shall be required to sign a water development agreement with the Town. A proposed plan identifying water use, fire flow requirements and all major on -site and off -site water facilities must be submitted for a hydraulic review. The developer shall construct a water distribution system to serve the development and transfer title of the system to the Town of Marana, in consideration the Town of Marana shall operate, maintain and service the system. The developer shall have the cost responsibility to construct both the onsite and offsite facilities required to serve the potable water and fire protection demands for your development. The comments herein made are valid for a period of one year only. If you have any questions, please call our office at 520 - 382 -2560. Sincerely, 52- Scott Schladweiler, P.E. Utilities Engineer 5100 WEST INA ROAD = MARANA, ARIZONA 85743 = (520) 382 -2570 M FAX: (520) 382 -2590 M TTY: (520) 382 -3499 26 Marana Regular Council Meeting 01 /19/2016 Page 135 of 303 Part II — Development Plan Exhibit II: A - Proposed Sewer Service F___ Exist. 8" Public Sewer Plan No. G- 2009 -035 _ Exist. MH #3495 -26 Exist. MH #3495 -24 Exist. 8" Public Sewer Plan No. G- 2003 -054 LEGEND - -- Exist. Public Sewer Proposed Public Sewer Proposed On -Site Sewer, Manhole, & Flow Direction Exist. Manhole Site Boundary Linda Vista Village at Cascada Specific Plan 27 Marana Regular Council Meeting 01 /19/2016 cist. 8" Public Sewer a n N o. G- 2005 -042 CA -1 Linda_Vista_Boulevard Exist. 8" Public Sewer Plan No. G- 2001 -079 '�70 5 9 a NORTH U 300' 600' 1200 SCALE: 1 " = 600' December 2015 Page 136 of 303 Source: Presidio Engineering, Inc. December 2014 Part II — Development Plan Exhibit II: J.4 - Sewerage Capacity Investigation IN Sol REGIONAL WASTEWATER RECLAMATION DEPARTMENT 201 NORTH STONE AVENUE TUCSON, ARIZONA 85701 -1207 JACKSON JENKINS DIRECTOR January 15, 2015 John Wood c/o Tanya Washington Presidio Engineering, Inc. 190 S Stratford Drive #105 Tucson, AZ 85716 Sewerage Capacity Investigation No. 2014 -291 Type RE: Linda Vista Specific Plan, Parcels 216195800, 22106004C, 221060020 Estimated Flow 263,980 gpd (ADWF). Greetings: PH: (520) 724 -6500 FAX: (520) 724 -9635 The above referenced project is tributary to the Tres Rios Water Reclamation Facility via the Continental Ranch Interceptor. Capacity is currently available for portions of this project in the public sewer G- 2003 -054, downstream from manholes 3495 -26 and 3495 -24. The portion of the project connecting to the proposed manhole #20 of G- 2014 -037 (as designed) will require downstream augmentation, the timing of which will require further investigation. Capacity availability in the entire downstream system is dependent on the timing of other local projects, and oversizing and flow through may be required when this project progresses to construction. This letter is not a reservation or commitment of treatment or conveyance capacity for this project. It is an analysis of the system as of this date. Allocation of capacity is made by the Type III Capacity Response. If further information is needed, please feel free to contact us at (520) 724 -6642. Reviewed by: Kurt Stemm CEA 28 Marana Regular Council Meeting 01 /19/2016 Page 137 of 303 Part II — Development Plan K. EXISTING LAND USES 1. Zoning Boundaries and Existing Land Uses See Appendix B — Development Capability Report for existing zoning boundaries and land uses. 2. Land Use Impact Assessment Currently, the Linda Vista Village at Cascada site is undeveloped. Surrounding land uses are predominantly residential (existing and planned) and future commercial. The proposed development concept of the site will positively impact surrounding land uses by offering a multitude of amenities to existing residents while enhancing the area's future employment and commercial core. Linda Vista Village will compliment adjacent land uses while ultimately increasing the economic base of the Town of Marana through its additional residential, employment, and commercial opportunities. L. TOPOGRAPHY 1. Land Use Plan Response to the Site The land contained within the boundaries of this Specific Plan is undeveloped desert located on the foothills of the Tortolita Mountains. The land slopes in a southwesterly direction and has an existing average cross slope of 4.57 %. Stormwater generated runoff is conveyed via a series of braided low -flow channels that bifurcate and coalesce. The residential and commercial development contained within the Specific Plan area is intended to be developed as a mix of mass graded developed areas and ungraded natural open spaces. Consequently, the method of development will utilize techniques which will minimize mass grading by confining improvements to a defined area. Currently, it is planned to create super pads through the placement of fill material that results in individual building pads being a minimum of 1 foot above adjacent 100 -year water surface elevations. The super pads will produce a finished grade that will parallel the existing fall of the undeveloped site. Additionally, as described in greater detail within Section N – Hydrology, of this Specific Plan, interceptor channels will be employed along the upstream edges of Planning Areas PA -3 and PA- 7. Furthermore, in areas that do not employ the interceptor channel, fill slopes will be protected with 6 inch thick 1:1 gunite structural slope face. 2. Encroachment onto Slopes of 15% or Greater Currently, the proposed land uses will encroach upon three (3) main areas containing slopes of 15% or greater, as delineated in Exhibit II: L.1 - Encroachment onto Slopes of 15% or Greater, p. 31. The areas of potential encroachment are limited to narrow bands in isolated areas as described below. Linda Vista Village at Cascada Specific Plan 29 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 138 of 303 Part II — Development Plan The first encroachment area occurs in a series of narrow bands of 15% or greater slopes at the northern portion of the site. The slopes are mainly located along the western side of a ridgeline which is more than 750 feet north of Linda Vista Boulevard. Additionally, this area is roughly 30 feet lower than the adjacent Oasis Hills development to the north. The second area of encroachment occurs in another narrow band located in the center of the site and is mainly concentrated around one of the existing flow lines through the site. The slopes are more than 1,200 feet south of Linda Vista Boulevard and roughly 24 feet lower in elevation than Linda Vista Boulevard. Additionally, the slopes are northwest facing and nearly 1,200 feet away from the adjacent Hartman Vistas development. The third area is a narrow band located at the southeast corner of the site. The area faces northeast and does not appear to be visible from the adjacent Harman Vista development. Additionally, the slope is more than 2,000 feet south of Linda Vista Boulevard. Thus it appears that a majority of the potential encroachment areas may not be visible from existing adjacent residential development. However to ensure proper treatment of any visible perimeter exposed slopes of 15% or greater that may be encroached upon and in accordance with Title 19 of the Town's Land Development Code, the developer will, at the time of platting and on -site engineering make every effort to: • Minimize the length /height of encroachment to perimeter exposed slopes • Blend with adjacent contours • Stabilize 15% or greater slopes which have been encroached on so as to preserve the flow capacity of adjacent natural or constructed waterways. • Employ slope stabilization techniques per a geothermal engineer's recommendations which may consist of a combination of revegetation and /or riprap (grouted /loose). Finally, the site does not include any currently known designated protected peaks or ridges and the final cut fill slopes will not exceed 15 feet in height. 3. Cross -Slope Calculations As previously stated, the area within the limits of the Specific Plan contains small areas with slopes of 15% or greater. However, the existing Natural Average Cross Slope is 4.57 %, well under the "slope /size /density" thresholds as set forth by the Town of Marana's Title 19, "Hillside Development" requirements. Consequently, no additional Average Cross Slope calculations are required. 30 Marana Regular Council Meeting 01 /19/2016 Page 139 of 303 Part II — Development Plan Exhibit II: L.1 - Encroachment onto Slopes of 15% or Greater Encroachment onto Slopes >_ 15% Jurisdictional Determined Washes F Contour Interval: 2' Linda Vista Village at Cascada Specific Plan 31 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 140 of 303 Source: Pima County GIS, October 2014 & Presidio Engineering, Inc., December 2014 p 300 600' 12001 LEGEND - 0 Slopes >_ 15% to Remain Ungraded !._; Site Boundary Part II — Development Plan M. VEGETATION Building on the site analysis documented in the Development Capability Report —Appendix B , plant materials introduced to the site will be indigenous to the region and blend with the Sonoran Desert plant palette. Areas of significant vegetation within the Natural Undisturbed Open Space (NUOS) will be preserved in place, while significant vegetation located within development parcels will be preserved in place if possible or transplanted within project open space areas of possible. Refer to the Town of Marana Land Development Code, Section 17.02.11 - Native Plant Inventory Methodologies for the minimum standards for preservation of Protected Native Plants. The overall landscape concept will provide year -round interest while maintaining a native appearance and create connectivity and continuity throughout the project. The Development and Design Standards provided in Part III of this document will provide detailed information regarding the design and implementation of buffer treatments, street concepts, project edges and landscape themes. N. HOW LAND USE CONCEPT PLAN MITIGATES IMPACT TO WILDLIFE As described above in Section M. Vegetation, areas of significant vegetation will be preserved in -place as NUOS. These areas of significant vegetation (i.e., NUOS) include both areas located in and adjacent to the ephemeral drainages that cross the site. These drainages are mapped as important riparian areas under Pima County's Riparian Protection Ordinance, based on the presence of an increased density of plants, a more diverse assemblage of plants, and larger plant specimens than occur in adjacent upland areas. Riparian areas are considered important for wildlife by providing key areas for refuge, shelter, foraging, reproduction, and movement across the site. By protecting these important riparian areas as NUOS, impacts to wildlife species and their habitats are minimized, while maintaining wildlife corridors and connectivity through the site and across the region. 0. VIEWS As described in Appendix B Development Capability Report, the topography of Linda Vista Village is generally flat with views of the region's mountains in all directions. Where possible, the development of Linda Vista Village shall maximize view corridors and vistas to the major moun- tain ranges. Alignments and locations of roads and trails shall take advantage of these abundant mountain views, when possible. P. TRAFFIC Included under separate cover. See Linda Vista Village at Cascada Traffic Impact Study dated March 2015. 32 Marana Regular Council Meeting 01 /19/2016 Page 141 of 303 Part II — Development Plan Q. RECREATION &TRAILS 1. Recreation Areas to be Provided within the Development Recreation areas will be provided in appropriate planning areas within the Linda Vista Village and will be shown in more detail at the platting stage. A hierarchy of public open space is provided throughout the development in the form of linear open space, drainage corridors and common areas with a trail network linking the spaces. Trails will assist in connecting residents to recreation areas, retail and commercial uses, and to each other. Trails internal to parcels shall link to the detached sidewalk along the collector roadway spine, creating a walkable, active and vibrant community. Recreation areas shall be provided in all residential neighborhoods and multi - family developments, providing for active and passive recreation opportunities. 2. Ownership of Natural /Modified Open Space within the Development All public open space within Linda Vista Village will be owned and maintained by the Linda Vista Master Association. 3. Access to Off-site Trails& How Access will be Maintained Access to off -site trails will be provided by dedicated bike lanes and detached sidewalks along Linda Vista Boulevard. These bicycle and pedestrian routes will run east and west, ultimately tying into regional trails on Twin Peaks Boulevard. Internal trails along the washes and linear open space within Linda Vista Village shall provide access points to the collector spine road sidewalks linking access to the off -site pedestrian routes along Linda Vista Boulevard. R. CULTURAL, ARCHAEOLOGICAL, &HISTORICAL RESOURCES Inducted under separate cover. Linda Vista Village at Cascada Specific Plan 33 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 142 of 303 Part II — Development Plan 34 Marana Regular Council Meeting 01 /19/2016 Page 143 of 303 Part III. Marana Regular Council Meeting 01 /19/2016 Page 144 of 303 Part III — Development Regulations &Design Standards PART III — DEVELOPMENT REGULATIONS &DESIGN STANDARDS A. PURPOSE &INTENT This section of the Linda Vista Village at Cascada Specific Plan outlines the Development Regulations and Design Standards that will be used to implement the intent of the Land Use Concept Plan and guide the development of the community over the life of the project. These guidelines establish the character and intensity of the development by defining site specific development standards with an appropriate level of flexibility to have the ability to respond to future needs and to achieve compatibility with the surrounding land uses. The framework established herein allows the integration of office, commercial, retail, flex space, residential and open space land uses in a manner that shall be consistent with the Linda Vista Village community character and the Town of Marana General Plan 2010. Within each Planning Area, land uses and development and design standards shall be utilized to assure quality development and appropriate transitions between uses. Linda Vista Village Design at Cascada will adopt the Cascada and Cascada North Design Standards. Design standards are a tool for the developer of the Specific Plan and the Town of Marana to guarantee that the design of all public areas and buildings maintain a standard of quality. The Design Standards are envisioned to create the framework for implementing a unified character for the community, and shall complement and /or exceed the design standards as set forth by the existing Town of Marana standards. B. GENERAL PROVISIONS 1. Applicable Codes a. Town of Marana Development Code Development standards and design guidelines of this Specific Plan will meet those regulations in the Town of Marana Land Development Code, Floodplain Code Title 21, Grading Code Title 19 and Subdivision Street Standards, unless otherwise noted herein. Additional street sections have been proposed in Appendix D - Street Sections as possible alternate options. If an issue, condition or situation arises that is not addressed in this Specific Plan, the applicable regulation as written in the Town of Marana Land Development Code (as adopted at time of approval of this Specific Plan) shall apply. b. Building Codes All construction within the Specific Plan area shall comply with the current locally adopted versions of the International Building Code, the International Residential Code, the National Electric Code, the Uniform Plumbing Code, the International Mechanical Code, the Town of Linda Vista Village at Cascada Specific Plan 35 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 145 of 303 Part III — Development Regulations &Design Standards Marana Outdoor Lighting Code, and the local fire code as applicable for the specific project at the time of permitting. 2. Additional Uses Whenever a specific land use has not been listed as being a permitted use within the Development Plan section of this Specific Plan, it shall be the responsibility of the Town of Marana Planning Director to determine if said use is: (1) consistent with the intent of the planning area and (2) compatible with other listed permitted uses and /or existing uses. If said use is considered compatible it shall be approved as an administrative change. C. DEVELOPMENT REGULATIONS The Development Regulations for the Linda Vista Village at Cascada, outlines the land uses and standards for the community. The Land Use Concept Plan includes residential, employment center, natural undisturbed open space, and common areas. Within areas designated as employment center, a variety of land uses are permitted including, office, commercial, retail, residential and open space. The intent is provide a mix of uses to encourage mixed -use development that will have the ability to respond to market demands and offer a wide range of opportunities for visitors and residents. Primary land uses for the Specific Plan shall be as follows: Employment Center (EC) — Employment Center uses include a wide variety of uses including regional commercial, regional employment, and a range of medium to high density residential in order to create a mixed -use community with live /work opportunities. It is anticipated that EC uses will include single and multi- tenant offices, light industrial parks, research and development facilities, financial institutions, hotel and hospitality, health care facilities, governmental office, and tourist oriented facilities. In addition, planning areas with an EC designation will support commerce or business such as office, restaurant, personal business services, retail sales, financial institutions, specialty retail and entertainment, theater, recreational and cultural uses, gasoline /service stations, car washes, repair business, dry cleaning, laundry, educational, religious, institutional and daycare facilities. Manufacturing and warehousing will not be allowed uses within the employment center planning areas. Planning Areas PA -1, PA -4 and PA -5 are planned for higher intensity employment center uses such as retail, commercial and /or office due to their size, location on Linda Vista Boulevard, ease of access, and high visibility. Planning Areas PA -3 and PA -6 are expected to be destination office, commercial or residential uses oriented to the internal collector roadway system. 36 Marana Regular Council Meeting 01 /19/2016 Page 146 of 303 Part III — Development Regulations &Design Standards Regional Commercial — Regional commercial centers are intended to serve as the focal points of regional commerce, identity, and activity. They contain a diversity of uses such as corporate and professional offices, retail malls, entertainment and supporting services. Regional Employment - Regional Employment Centers are areas that provide economic benefit and opportunity to the entire region. They are defined by large areas of employment generating uses including but not limited to: office, commercial, research and development, financial institutions, health care facilities, governmental offices, tourism and hospitality, entertainment and /or light industrial uses. Light Industrial: Industrial land uses that are not noisy, polluting, or otherwise obnoxious. Uses may include but are not limited to the following: Bio- technology facilities; Research, assembly, testing and repair of components, devices, equipment and systems and parts; Newspaper, magazine publishing; Optics and optical science facilities; Radio and television broadcasting; Research laboratories and facilities, development laboratories and facilities including compatible light manufacturing; Telecommunications call center; and, Warehouse and distribution in connection with a permitted use. Commercial - A use operated for profit or compensation. Commercial uses can include, but are not limited to: convenience stores, gasoline service stations, package liquor stores, grocery stores, drug stores and home improvement stores, laundry services and retail shops. Retail - A commercial enterprise that provides goods and /or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. Residential (R) — Residential land uses in Linda Vista Village include Medium Density Residential (MDR), Medium High Density Residential (MHDR) and High Density Residential (HDR). Within areas of residential land use, neighborhood parks and /or recreation areas will be provided. Planning Area 2 (PA -2) will be developed using the Medium Density Residential (MDR) development criteria. Planning Areas PA -7, PA -8 and PA -9 will be able to utilize the MDR or MHDR development criteria, however, these planning areas will be limited to single family residential detached or attached product. Residential is allowed and anticipated to be developed in some or portions of the Employment Center planning areas, specifically PA -3 and PA -6. Linda Vista Village at Cascada Specific Plan 37 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 147 of 303 Part III — Development Regulations &Design Standards • Natural Undisturbed Open Space (NUOS) - NUOS areas will encompass all riparian habitat areas, be specified in the block plat as natural open space areas, and will not be a part of any lot or specific development parcel. Road crossings, trails and utility easements will be allowed. • Common Area (CA) will be characterized as open space areas that provide recreation, active and passive open space, drainage and trail facilities. Common areas may include the following open space designations: Open Space / Drainage areas will be utilized for conveyance of off -site and on -site water, retention facilities, and may contain limited recreational amenities such as multi - purpose sports fields, play equipment, or multi -use trails. At trail or roadway crossings, grade control structures will be incorporated to maintain a stable channel condition. Open Space / Drainage areas are planned along the eastern boundary and then traverse the site to the south west corner of the property. Portions of these areas will be enhanced with native plant species to provide visual buffering, wildlife habitat and connectivity for wildlife. Open Space / Recreation areas will be located within the planning areas as general open space and recreation areas with passive and active open space areas, unifying the overall site both physically and visually. These areas will be planned in detail at the design and platting stages of development. Each planning area is designated as one of the above land uses. Table II: D.1 Land Use Summary, p. 12, includes each Planning Area, land use designation, acreage, target units per planning area, target density of residences per acre, and development types allowed in the planning areas. The following planning area development criteria combined with design guidelines will shape the form and function of land uses across the Specific Plan area. D. RESIDENTIAL DEVELOPMENT REGULATIONS 1. Medium Density Residential (MDR) The intent of Medium Density Residential is to provide an opportunity for traditional single - family detached housing. The maximum density allowed within MDR areas is 6 residences per acre (RAC). Planning Area PA -2 will be developed under the MDR development regulations. Planning Areas PA -7 through PA -9 and Employment Center (EC) planning areas that may contain a residential component, will have the ability to utilize the MDR development regulations and design standards. The following regulations shall apply to parcels that are developed under the MDR land use category: 38 Marana Regular Council Meeting 01 /19/2016 Page 148 of 303 Part III — Development Regulations &Design Standards (1) Permitted Use: a. Single - Family Residential (Detached) b. Parks /Recreation c. Public Facilities (2) Accessory Uses: As permitted in the Town of Marana Land Development Code under R -6 Zoning (3) Conditional Uses: a. Educational Facilities (must be located on either a collector or arterial street.) b. Child Care c. Group Home d. Bed &Breakfast e. Churches and other places of worship (must be located on either a collector or arterial street) 4) Development Standards: a. Maximum Density: 6 RAC b. Minimum Lot Size: 3,500 sq ft, may include private alleyways c. Maximum Lot Coverage: 65% d. Maximum Building Height: 28 feet e. Setbacks: (a) Front: (i) Main Structure: 10 feet (ii) Front Loading Garage: 20 feet (iii) Side Loading Garage: 10 feet (iv) Setbacks shall be staggered by a minimum of 20% on every third lot so that the front setback will not be the same for three (3) consecutive homes. (b) Side: (i) 0 feet (ii) Minimum distance between buildings 10 feet (iii) Side Yard Adjacent to Street: 10 feet (c) Rear: (i) Main structure: 10 feet (ii) Rear loading garages from alley less than or equal to 5 feet or greater than 18 feet. (iii) Accessory Structures: 0 feet f. Minimum Lot Width: None g. Minimum Lot Depth: None h. Building Mass: per Residential Design Criteria and the Development Review Committee (DRC) Linda Vista Village at Cascada Specific Plan 39 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 149 of 303 Part III — Development Regulations &Design Standards (5) Additional Requirements: a. No model elevation shall be adjacent to the same elevation b. No color scheme shall be adjacent to the same color scheme c. All building permit site plans shall give the setback information, model number, elevation, and color scheme d. Setbacks, elevations and colors shall not be repeated as a pattern 2. Medium High Density Residential (MHDR) The intent of Medium High Density Residential is to allow for attached single - family or multi - family residential uses. Housing types within the MHDR category may include row houses, duplexes, townhomes, condominiums, apartments, assisted living centers, and group care facilities. These housing options will provide an important balance to Linda Vista Village, accommodating various age groups, income levels, and lifestyles. The allowed density range within MHDR areas is 8 RAC to 20 RAC. Planning Areas PA -7 through PA -9 may utilize the MHDR development regulations and design standards, however, these planning areas will be limited to single family residential attached and detached product. The following regulations shall apply to parcels that are developed under the MHDR land use category: (1) Permitted Use: a. Single - Family Residential (Detached and Attached) and Multi - Family Residential b. Parks /Recreation c. Public Facilities (2) Accessory Uses: As permitted in the Town of Marana Land Development Code under R -6 Zoning (3) Conditional Uses: a. Educational Facilities (must be located on either a collector or arterial street.) b. Child Care c. Group Home d. Churches and other places of worship (must be located on either a collector or arterial street) (4) Development Standards: a. Single - Family (Detached) (a) Maximum Gross Density: 8 RAC (b) Minimum Lot Size: 3,500 sq. ft., may include private alleyways (c) Maximum Lot Coverage: 65% (d) Maximum Building Height: 30 feet (e) Setbacks: i. Front Yard: (i) Main Structure: 10 feet 40 Marana Regular Council Meeting 01 /19/2016 Page 150 of 303 Part III — Development Regulations &Design Standards (ii) Front Loading Garage: 20 feet (iii) Side Loading Garage: 10 feet ii. Side Yard: (i) 0 feet (ii) Minimum distance between buildings: 10 feet (iii) Side Yard Adjacent to Street: 10 feet iii. Rear Yards: (i) Main Structure: 15 feet (ii) Rear loading garages from alley: less than or equal to 5 feet or greater than 18 feet (iii) Accessory Structures: 0 feet (f) Minimum Lot Width: None (g) Minimum Lot Depth: None (h) Building Mass: per Residential Design Criteria and the DRC b. Single - Family (Attached and Residential Court) (a) Maximum Gross Density: 12 RAC (b) Minimum Lot Size: None (c) Maximum Lot Coverage: 85% (d) Maximum Building Height: 30 feet (e) Project Setbacks i. Front: 15 feet ii. Side: 10 feet iii. Rear: 10 feet (f) Building Setbacks: per applicable building code (g) Minimum Lot Width: None (h) Minimum Lot Depth: None (i) Building Mass: per Residential Design Criteria and the DRC c. Multi - Family: (a) Minimum Site Area: 1 acre (b) Minimum Lot Size: None (c) Maximum Density: 20 RAC (d) Maximum Site Coverage: 75% (e) Maximum Building Height: 40 feet (f) Minimum Building Setback: i. To Streets: 20 feet ii. To Adjacent Residential Development: 20 feet (g) Minimum Lot Width: None (h) Minimum Lot Depth: None (i) Building Mass: per Residential Design Criteria and the DRC (j) Minimum Landscaping: 10% of the site excluding parking areas and driveways (k) Minimum Private Open Space per Dwelling Unit (either patio or balcony or combination thereof): 100 sq. ft. Linda Vista Village at Cascada Specific Plan 41 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 151 of 303 Part III — Development Regulations &Design Standards (1) On -site recreation: provided by parks and neighborhood parks discussed in Part 11: F - Open Space, Recreation, Parks & Trails Concept, p. 16. (m) Parking: per Town of Marana requirements 3. High Density Residential (HDR) The intent of HDR is to allow for multi - family or attached and detached single - family residential uses intended to provide for the development of higher density housing types, such as apartments, duplexes, townhomes, row houses, condominiums, senior apartments, assisted living, and group care facilities. These housing options are allowed within the Employment Center planning areas. Residences may be located adjacent to high- intensity land uses, such as office, commercial, retail, hotel / hospitality, and health care facilities. The density range within HDR areas is 10 RAC to 30 RAC, with a maximum density of 30 units per net acre allowed for parcels of one (1) acre or larger. The following regulations shall apply to parcels that are developed under the HDR land use category: (1) Permitted Uses: a. Single - Family (Detached and Attached) and Multi - Family Residential b. Parks /Recreation c. Public Facilities (2) Accessory Uses: As permitted in the Town of Marana Land Development Code under MR -1 Zoning (3) Conditional Uses: a. Educational Facilities (must be located on either a collector or arterial street.) b. Child Care c. Group Home d. Churches and other places of worship (must be located on either a collector or arterial street.) (4) Development Standards: a. Single - Family (Detached): (a) Maximum Density: 10 RAC (b) Minimum Lot Size: 3,500 sq. ft., may include private alleyways (c) Maximum Lot Coverage 65% (d) Maximum Building Height: 40 feet (e) Setbacks: i. Front Yard: (i) Main Structure: 10 feet (ii) Front Loading Garage: 20 feet (iii) Side Loading Garage: 10 feet ii. Side Yard: (i) 0 feet 42 Marana Regular Council Meeting 01 /19/2016 Page 152 of 303 Part III — Development Regulations &Design Standards (ii) Minimum distance between buildings: 10 feet (iii) Side Yard Adjacent to Street: 10 feet iii. Rear Yards: (i) Main structure: 15 feet (ii) Rear loading garages from alley: less than or equal to 5 feet or greater than 18 feet (iii) Accessory Structures: 0 feet (f) Minimum Lot Width: None (g) Minimum Lot Depth: None (h) Building Mass: per Residential Design Criteria and the DRC b. Single - Family (Attached and Residential Court): (a) Maximum Density: 15 RAC (b) Minimum Lot Size: None (c) Maximum Lot Coverage: 85% (d) Maximum Building Height: 40 feet (e) Project Setbacks: i. Front: 15 feet ii. Side: 10 feet iii. Rear: 10 feet (f) Building Setbacks: per applicable building code (g) Minimum Lot Width: None (h) Minimum Lot Depth: None (i) Building Mass: per Residential Design Criteria and the DRC c. Multi - Family: (a) Minimum Site Area: 1 acre (b) Maximum Density: 30 RAC (c) Minimum Lot Size: None (d) Maximum Lot Coverage: 75% (e) Maximum Building Height: 45 feet (f) Minimum Building Setback: i. To Streets: 20 feet ii. To Adjacent Residential Development: 20 feet (g) Minimum Lot Width: None (h) Minimum Lot Depth: None (i) Building Mass: per Residential Design Criteria and the DRC (j) Minimum Open Space: 10% of the site excluding parking areas and driveways (k) Minimum Private Open Space per Dwelling Unit: 75 sq. ft. (I) On -site recreation: provided by parks and neighborhood parks discussed in Part II: F -Open Space, Recreation, Parks and Trails Concept, p. 16. (m) Parking: per Town of Marana requirements Linda Vista Village at Cascada Specific Plan 43 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 153 of 303 Part III — Development Regulations &Design Standards E. RESIDENTIAL DESIGN CRITERIA The residential component of Linda Vista Village at Cascada is intended to follow the design theme already established for the Cascada Specific Plan by incorporating the same Residential Design Criteria. Linda Vista Village at Cascada, Cascada, and Cascada North are being developed by the same developer, Red Point Development, and since they are neighboring properties, consistency in materials, architectural elements, and building massing, setbacks and orientation is preferred. Linda Vista Village at Cascada will adopt the Residential Design Criteria, as outlined in the Cascada Specific Plan approved December 5, 2006, guiding the design criteria for Linda Vista Village. F. NON- RESIDENTIAL DEVELOPMENT REGULATIONS 1. Employment Center (EC) Within Linda Vista Village, approximately 26.4 acres have been designated as Employment Center land use. This land use category includes a wide variety of uses including regional commercial, regional employment, and a range of medium to high density residential in order to create a mixed -use community with live /work opportunities. It is anticipated that employment center uses will include single and multi- tenant offices, light industrial parks, research and development facilities, financial institutions, hotel and hospitality, health care facilities, governmental office, and tourist oriented facilities. In addition, the EC planning areas will support commerce or business such as office, restaurant, personal business services, retail sales, financial institutions, specialty retail and entertainment, theater, recreational and cultural uses, gasoline /service stations, car washes, repair business, dry cleaning, laundry, educational, religious, institutional and daycare facilities. The EC planning areas have been programmed as flex parcels that can respond to market demand, while allowing for a mix of uses. The following regulations shall apply to parcels that are developed under the EC land use category: (1) Permitted Uses: Uses permitted in Town of Marana Land Development Code under RC - Regional Commercial, CBC Campus Business Center and LI -Light Industrial zones. (2) Accessory Uses: None (3) Conditional Uses: Per Town of Marana Land Development Code requirements under RC and LI zones, as well as residential development at a density of less than 6 units per acre. (4) Non - Residential Development Standards: a. Maximum Lot Coverage: 90% b. Minimum Lot Size: None c. Maximum Building Height: 65 feet 44 Marana Regular Council Meeting 01 /19/2016 Page 154 of 303 Part III — Development Regulations &Design Standards d. Minimum Landscape Coverage: 10% of gross site area e. Minimum Building Setback: (a) To Streets: 20 feet (b) To Adjacent Residential Development: A 20 foot buffer with a minimum 10 feet landscaping and a 6 foot screen wall. Setbacks shall increase one foot for each foot of height in excess of 20 feet. f. Minimum Lot Width: None g. Minimum Lot Depth: None h. Parking: per Town of Marana Land Development Code. (5) Residential Development Standards: a. Per Development Standards for Attached, Detached and Multi - Family defined in MDR, MHDR and HDR land use designations. b. Maximum 693 residential dwelling units. If all 396 dwelling units are not developed in Residential (R) Planning Areas the remaining units are allowed to be applied / transferred to the EC Planning Areas. G. NON- RESIDENTIAL DESIGN CRITERIA The non - residential component of Linda Vista Village at Cascada is intended to follow the design theme already established for the non - residential portions within the Cascada Specific Plan by incorporating the same Design Criteria. Linda Vista Village and Cascada are being developed by the same developer, Red Point Development, and since they are neighboring properties, consistency in materials, architectural elements, and building massing, setbacks and orientation is preferred. The Commercial Design Criteria, as outlined in the Cascada Specific Plan approved December 5, 2006, will provide the non - residential design criteria in which Linda Vista Village will follow and adhere to. H. OPEN SPACE DEVELOPMENT REGULATIONS Open space within Linda Vista Village takes shape in many forms including Natural Undisturbed Open Space (NUOS) and Common Areas (CA) comprised of Open Space / Drainage and Open Space / Recreation. Open space is the connective back bone that ties the community together providing a variety of opportunities for both passive and active recreation. Additionally, open space corridors will provide areas for riparian habitat. A total of approximately 55.0 acres is planned as open space. The NUOS and CA areas within the Specific Plan are shown in Exhibit II: D.1 - Land Use Concept Plan, p. 13. 1. Natural Undisturbed Open Space (NUOS) Areas within the development that are designated as NUOS have been set aside as open space areas that are not a part of any planning area or specific development parcel. These NUOS Linda Vista Village at Cascada Specific Plan 45 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 155 of 303 Part III — Development Regulations &Design Standards areas shall be preserved with limited disturbance allowed. Careful site planning has been done to minimize crossings of the NUOS areas, allowing for the NUOS to be as continuous as feasible. 2. Common Area (CA) Common Area (CA) will be characterized as open space areas that provide recreation, active and passive open space, drainage and trail facilities. Parks are encouraged in the Employment Center (EC) planning areas to enhance the overall community experience. Recreation areas will be required in planning areas developed as a residential use to provide a community feature for the residents. Recreation areas and parks will be located in a common area. Common areas include neighborhood parks, pocket parks, drainage and buffer areas, private streets, alleys, sidewalks and landscape areas adjacent to the right -of -way. Program elements may include: ramadas and shade structures, play areas, tennis courts, BBQ areas, picnic tables, skate park, benches, turf areas, and similar gathering areas. These areas may be located adjacent to or within drainage features and /or detention basins and should be connected by the overall trail system. Common areas may include the following open space categories: Open Space / Drainage areas will consist of linear open space corridors along natural drainageways. These open space corridors follow the natural drainage patterns of the site and provide opportunities for the development of trails along the side of washes. The common areas allow for connectivity to different planning areas within Linda Vista Village. These areas will be utilized for conveyance of off -site and on -site water, retention facilities, and may contain limited recreational amenities such as multi - purpose sports fields, play equipment, or multi -use trails. At trail or roadway crossings, grade control structures will be incorporated to maintain a stable channel condition. Open Space / Drainage areas are planned along the eastern boundary and then traverse the site to the south west corner of the property. Portions of these areas will be enhanced with native plant species to provide visual buffering, wildlife habitat and connectivity for wildlife. Open Space / Recreation areas will be located within the planning areas as general open space and recreation areas with passive and active open space areas, unifying the overall site both physically and visually. These areas will be planned in detail at the design and platting stages of development and are not shown on the Land Use Concept Plan of the Specific Plan. The following regulations shall apply to areas within Linda Vista Village that are planned as Common Area land uses. (1) Permitted Land Uses: a. Trails b. Community recreation facilities such as sports fields and other recreation structures including but not limited to: basketball courts, volleyball courts, and picnic areas. c. Other uses and facilities typically associated with parks, open space, trails and recreational uses d. Utility easements and maintenance roads 46 Marana Regular Council Meeting 01 /19/2016 Page 156 of 303 Part III — Development Regulations &Design Standards e. Retention and detention basins f. Drainage facilities g. Multipurpose facilities that serve regional recreation needs and provide on -site stormwater detention /retention. h. Kiosks, community signage and monumentation and similar uses shall be allowed i. Underground wet and dry utilities (2) Construction Standards: a. Open Space / Drainage areas and Common Areas may be utilized for stormwater management mitigation and provide on -site retention /detention facilities in keeping with the current function of the land. b. All disturbed areas will be landscaped or revegetated. c. Turf areas within sport fields shall incorporate water harvesting where feasible and may serve as detention /retention facilities. 3. Trails Multi -use trails shall be provided throughout the community, offering an alternative form of connectivity for the project. The trail system will provide a connection to the routes along Linda Vista Boulevard linking to the regional trail connections on Twin Peaks Road. The internal multi -use trail system will provide non - vehicular circulation through three (3) types of circulation classifications: Roadway Sidewalks, Pathway Trails along open -space links, and Drainageway Trails. (1) Roadway Sidewalks: Sidewalks will be located along all collectors and local streets. For collector roadways the sidewalks will be detached and provide a landscaped area of a minimum of five (5) feet between the walk and the street curb. Residential local streets will have detached sidewalks. (2) Pathway Trails: Trails along open space will provide links between planning areas and may integrate passive recreation amenities such as landscaping, seat benches /walls, signage, etc. (3) Drainageway Trails: Trails shall be located along one or both sides of the washes linking the overall trail network to the spine trail along the collector roadway. The drainageway trails will provide for a natural experience along the existing washes. Trails in the drainageways and natural undisturbed open space (NUOS) shall not exceed four (4) feet in width or be located in the sandy bottom of washes. Linda Vista Village at Cascada Specific Plan 47 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 157 of 303 Part III — Development Regulations &Design Standards 4. Maintenance All common areas owned by the Property Owners Association, except those areas maintained by the Town of Marana, shall be maintained by the Property Owners Association. The Master Developer and the Town of Marana may enter an agreement to dedicate and transfer the management of specified open space areas to the Town of Marana. I. UTILITY DEVELOPMENT STANDARDS 1. On -site and off -site sanitary sewer will be designed and constructed to Pima County standards. It is intended that the project can be provided gravity sewer service through the construction of 8 inch laterals that will connect directly into the existing 8 inch Oasis Hills Outfall Sewer and 8 inch Marana Center Public Sewer Phase I. 2. All new on -site electrical, telephone and other cables shall be placed underground where feasible and shall be designed and constructed in accordance with utility service provider and Town of Marana standards. 3. A potable water system, if provided, shall be designed and constructed in accordance with the Marana Water standards. 4. Fire flow shall be designed and constructed in accordance with the requirements of the appropriate fire district. J. ROADWAY STANDARDS 1. Minimum Roadway Development Standards (1) Application In addition to the Town of Marana current roadway standards, the Linda Vista Village at Cascada Specific Plan shall be able to utilize custom roadway sections provided in Appendix D - Street Sections. (2) Roadway Design Elements The following flexibility in roadway criteria shall apply to the Town of Marana current roadway standards as part of this Specific Plan. a. Cul -de -Sacs: For streets with dead end lengths exceeding 660 feet, approval of the location and type of turn around area (bald head cul -de -sacs or qualifying driveways) will be required by the Town Engineer, Planning Director and Northwest Fire District. 48 Marana Regular Council Meeting 01 /19/2016 Page 158 of 303 Part III — Development Regulations &Design Standards b. Reverse Curves: The use of reverse curves without tangents for design speeds of 25 MPH or less is acceptable. c. Roundabouts: Roundabouts will be designed in accordance with standards found in the FHWA's Roundabouts: An Information Guide, as well as current Town of Marana roundabout design standards, and will be placed at locations approved by the Town. K. LANDSCAPE STANDARDS A landscape theme will be established creating a community framework for all common and public areas. Consistent landscape planting will be encouraged to include a Sonoran Desert plant palette and other drought tolerant species. The landscape framework for Linda Vista Village is intended to blend into and enhance the existing on -site and surrounding landscape. The design intent is to maintain a desert theme, incorporating low water use trees, shrubs, groundcovers, and accents that will provide shade, visual interest, buffering and aesthetic values to the project. 1. Streetscape Character The Streetscape Character will promote a sense of community identity, establishing a framework that will be utilized throughout Linda Vista Village. The integration of design elements such as uniform sidewalks and patterned planting areas will emphasize the Sonoran Desert landscape. The Street Tree Program will use "signature trees" in a straight line on the arterials and collector streets with trees lining the internal commercial and neighborhood streets. 2. Landscape Transition Areas The perimeter of the property and planning areas are important landscape treatments to integrate appropriate screening. The edge of the property adjoining undeveloped desert should have a treatment area to create a transition to a more natural state. Informal plant groupings are encouraged. The treatment of landscape transition areas shall comply with Town of Marana and Specific Plan requirements and requires Design Review Committees review and approval. Walls over fifty (50) feet long and three (3) feet high that are visible from a public street shall have changes in color and texture with varied articulation. It is important to the community aesthetic to minimize long runs of monotonous wall facades by adding this variation. 3. Hardscape Design Elements Hardscape design elements serve aesthetic and functional uses. Elements such as paving, mailboxes, benches, and trash receptacles create opportunities to reinforce the design character for Linda Vista Village. The following criteria are to be used in evaluating all hardscape items: • Security, safety, comfort and convenience of the user (including physically challenged persons). Linda Vista Village at Cascada Specific Plan 49 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 159 of 303 Part III — Development Regulations &Design Standards • Simplicity in design and function. • Compatible form, color and scale with surroundings and other street furniture. • Cost - effectiveness. • Street furniture should be incorporated in park or landscape spaces and off - street amenity areas to the greatest extent possible, with an emphasis on minimizing safety, policing, and security hazards L. MONUMENTATION & SIGNAGE A Planned Sign Program shall be developed for the site to establish and maintain a consistent design character over the course of the build out. The Planned Sign Program shall include the Linda Vista Village at Cascada Sign Plan determining the signage and monumentation program relating to the overall framework of the community. Examples include gateway monumentation, community monumentation and community wayfinding. In addition, individual Planning Area Sign Plans shall be developed for each Planning Area as a supplement to the Linda Vista Village at Cascada Sign Plan. For the purpose of this document, monumentation and signage are treated separately, but monumentation may have a sign component. All monuments and signage shall conform to the Linda Vista Village design standards. All monumentation should be placed in easements, common areas and /or the public right -of -way as dedicated by final plat or by separate legal instrument, and shall conform to the sight visibility standards of the Town of Marana. The design and location of monumentation shall be reviewed and approved by the Design Review Committee (DRC) before submittal of plans to the Town. The Linda Vista Village at Cascada Sign Plan and each Planning Area Sign Plan shall be reviewed and approved by the DRC before being submitted to the Town of Marana. The Linda Vista Village at Cascada Sign Plan shall be submitted as a supplement to this Specific Plan, and shall be approved by the Planning Director prior to approval of the first plat. The Planning Area Sign Plans shall be submitted as a supplement to this Specific Plan subsequent to the Linda Vista Village at Cascada Sign Program. Monumentation and signage standards shall supersede the Town of Marana sign standards. 1. Monumentation Monumentation is an essential design element for the project. Uniform monumentation design shall provide visual continuity throughout all phases of development and establish the unique identity of the community. In addition to informing and directing, all monuments shall be designed to remain generally consistent with the materials, color, size and scale of adjacent community elements. a. Monumentation: A series of monumentation styles are planned to establish a hierarchy of major and minor entries. The height and width of the monumentation shall vary according to the placement and use of the monument. Forms, colors, materials and textures used in 50 Marana Regular Council Meeting 01 /19/2016 Page 160 of 303 Part III — Development Regulations &Design Standards both primary and secondary community monumentation shall complement the character elements of the property. Each commercial entry may be unique. However, common elements, such as materials and forms, shall conform to the overall community character. The name of the commercial center and its tenants may be used on either (or both) primary and secondary monumentation. The height and width of monumentation shall vary according to the placement and use of the monument. b. Wayfinding: Aseries of wayfinding monuments shall be implemented within the property to assist directing automobile and pedestrian traffic. 2. Signage Uniform sign design shall provide visual continuity throughout all phases of development, as well as help to create the unique identity of the community. In addition to informing and directing, all signs shall be designed to remain consistent with the materials, color, size and scale of the immediately adjacent community elements. All traffic - related signs, including street -name signs, shall conform to the Manual on Uniform Traffic Devices (most recent edition) and Town of Marana standards. 3. Materials /Color Scheme An effort should be made to achieve consistency between building style and sign design. The message a sign conveys is affected by the materials and colors used in combination with one another. Color schemes for signage should relate to other signs, graphics and color schemes in the vicinity to achieve an overall sense of identity. M. PUBLIC ART Public art is envisioned as and art /sculptural element planned to enhance public spaces as part of larger development programs for Linda Vista Village. Public art may be implemented in public spaces per discretion of the developer. All public art improvements will be reviewed and approved by the Linda Vista Village at Cascada Design Review Committee. Public art requirements are as follows: a. All commercial buildings greater than 50,000 square feet shall provide public art. For commercial sites with more than one (1) building larger than 50,000 square feet, a Public Art Master Plan may be developed to coordinate the artwork and placement to enhance the site and create opportunities for synergy and shared art work within the community. b. All public art should generally reflect the character, heritage and traditions found in Southern Arizona and the southwest. c. Public art shall be located in public spaces and may be integrated into an element on a structure or building. Monumentation will not be considered public art. Linda Vista Village at Cascada Specific Plan 51 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 161 of 303 Part III — Development Regulations &Design Standards N. DRAINAGEWAY STANDARDS Drainageway cross - sections will remain natural along all of the major watercourses, where possible. Development will avoid 100 -Year floodplains along these corridors and erosion setbacks will be provided in accordance with Town of Marana requirements. Small washes will be channelized as necessary to collect local off -site and on -site drainage which will be conveyed to one of the natural wash corridors. Channelized washes will be constructed with stabilized banks of soil cement, rock riprap or gunite depending on site specific needs. Channel bottoms will remain earthen except where a potential for severe erosion is identified. The top width of channelized drainageways is expected to range from 10- feet to 30 -feet and sideslopes to vary from 1:1 to 3:1. The final design for all drainageways will comply with all Town of Marana drainage and grading standards. Interceptor channels will comply with Drainage Standards Manual Section 8.5.13.2 unless otherwise agreed upon with the Town of Marana. 52 Marana Regular Council Meeting 01 /19/2016 Page 162 of 303 Part IV. Marana Regular Council Meeting 01 /19/2016 Page 163 of 303 Part IV — Implementation &Administration PART IV — IMPLEMENTATION &ADMINISTRATION A. PURPOSE& INTENT This section of the Linda Vista Village at Cascada Specific Plan outlines the implementation of the plan during the development of the community. It identifies the responsible party to ensure the community is built in coordination with infrastructure improvements, providing logical growth and continuity of the community design and character. General administration and specific plan amendment procedures shall be defined in this section of this Specific Plan. B. PROPOSED CHANGES TO ZONING ORDINANCE If an issue, condition or situation arises that is not covered or provided for in this Specific Plan, those regulations in the Town of Marana Land Development Code that are applicable for the most similar issue, condition or situation shall be applied by the Planning Director as the guidelines to resolve the unclear issue, condition or situation. C. GENERAL IMPLEMENTATION RESPONSIBILITIES The implementation of this Specific Plan is the responsibility of the Master Developer, the Builders /Developers, any quasi - government community facilities or improvement district that is created, Property Owners Association (which may include any design review committees) and the Town of Marana. The Town of Marana Development Services shall be responsible for ensuring all policies and standards in the Specific Plan are adhered to during the review, development and construction of the Linda Vista Village. Upon request of Developer, the Town staff shall process any request for a Community Facilities District (CFD) pursuant to A.R.S. § 48 -701, et seq. and the Town's Guidelines for Establishment of Community Facilities Districts, and the Town Council shall reasonably consider such request fora CFD. D. DEVELOPMENT REVIEW PROCEDURE All development plans and subdivision plats within Linda Vista Village shall be subject to and implemented through the review and approval process in conformance with this Specific Plan. In addition, all development within Linda Vista Village is subject to the building permit and review process as defined by the Town of Marana and this Specific Plan. Linda Vista Village at Cascada Specific Plan 53 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 164 of 303 Part IV — Implementation &Administration Prior to submitting preliminary and final subdivision plats and /or development plans to the Town of Marana, applicants shall submit all plans to the DRC for approval. The Master Developer and DRC reserve the rights to review, comment, approve or deny any design or architectural aspect of the development that affects the exterior appearance of any structure or area of land. This includes, but is not limited to, the review of site plans, signage, landscaping, entry features, street standards and architecture for conformance to the Development Standards and Design Standards outlined in this Specific Plan. Plans shall be revised and resubmitted until all comments and issues from the DRC are resolved prior to submitting to the Town of Marana. All Sign Program and Design Guideline applications shall be processed by the Planning Department as an administrative review and approval. Administrative approval can be with or without conditions. Minor Amendments to an approved subdivision plats and Development / Site Plan may be approved administratively by the Planning Department. E. DESIGN REVIEW PROCESS It shall be a requirement of this Specific Plan that, subsequent to its approval and prior to the submittal of any preliminary subdivision plat or development /site plan within the Specific Plan, a standing Design Review Committee (DRC) shall be established. Thereafter, the DRC shall review and approve individual development /site plan filings (for commercial development) and subdivision plat submittals (for residential development) for conformance to the Specific Plan and the CC &R's prior to submittal to the Town for its review and approval. F. PLANNING AREA USES Conditional Planning Area uses require review and approval by the Design Review Committee (DRC) and the Planning Commission and /or Town Council to ensure compatibility with surrounding uses. Approval of these uses may be conditioned upon proactive mitigation measures being implemented in association with the approved conditional use. All conditional uses shall be approved by the DRC prior to submittal for review / approval by the Town. 54 Marana Regular Council Meeting 01 /19/2016 Page 165 of 303 Part IV — Implementation &Administration G. PHASING Phasing shall occur in a logical and cost effective manner based on infrastructure extension, availability of utility services and market conditions. The project shall be built in several phases, as future conditions dictate. The spine infrastructure needed to serve the community shall be constructed and extended as needed for the development. Current estimates of build -out are six (6) to fifteen (15) years. The purpose of planning the phasing is to ensure adequate infrastructure is available for the planned development. The phases of development may occur in a different order, or concurrently, at the discretion of the Master Developer. H. SPECIFIC PLAN ADMINISTRATION 1. Enforcement This Specific Plan shall be administered and enforced by the Town of Marana Development Services Department, in accordance with the provisions of the Specific Plan and any applicable provisions of the Town of Marana Development Code. 2. Protected Development Rights /Vested Rights To ensure reasonable certainty, stability and fairness to Developer and the Town for a reasonable period of time, Developer and the Town agree that the zoning designations, uses, and densities that now apply to Linda Vista Village at Cascada or shall apply to the property upon the effective date of the Specific Plan. This Specific Plan will be vested in perpetuity at the recording of the first final plat within the project boundary, but in all events it shall remain in effect and shall not be changed after the execution of this Agreement without the mutual written agreement of the Developer and the Town. 3. Administrative Change Changes to the provisions of this Specific Plan may be made administratively by the Town of Marana Planning Director, provided the changes are not in conflict with the overall intent set forth in the this Specific Plan and do not change the land use designation for a planning area. Any changes shall conform to the goals, objectives and policies of this Specific Plan. Amendments to the approved Specific Plan may be deemed necessary to respond to changes in site conditions, market conditions, and financing to meet requirements or preferences of users and developers in Linda Vista Village. Unless otherwise required by applicable law, any change or modification to this Specific Plan shall be considered a minor change, and will be processed by the admin- istrative approval of the Town's Planning Director. Such amendments and changes shall, upon approval, be attached to the Specific Plan as an addendum and become part thereof. Minor changes do not require public notification or public hearings. Linda Vista Village at Cascada Specific Plan 55 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 166 of 303 Part IV — Implementation &Administration Revisions and amendments to the Specific Plan that are minor in nature or reasonable extensions other than those applied as a condition of approval shall be submitted for review and approval administratively by the Planning Director, subject to appeal to the Planning Commission and Town Council. Significant changes, additions or omissions shall be submitted for review and approval by the Planning Commission and Town Council. Categories of authorized minor administrative change and amendments to the Specific Plan shall include, but are not limited to: • The addition of new information to this Specific Plan, maps or text that does not change the effect of any regulations, standards or guidelines established in the Specific Plan. • Changes to the community infrastructure planning and alignment, such as roads, drainage, water and wastewater systems that do not increase the development impact in the Specific Plan area. • Changes to development standards that are in the interest of the community and do not affect public health, safety or welfare issues. • Approval and updates in general conformance with the Specific Plan, the Linda Vista Village at Cascada Master Sign Plan or Planning Area Sign Plans. • Changes to the development plan boundaries due to platting. Minor adjustments to development plans areas, drainage areas and other technical refinements to this Specific Plan due to the adjustments in final road alignments, drainage areas and utility easements. • The determination that a use be allowed which is not specifically listed as permitted but which may be determined to be similar in nature to those uses explicitly listed as permitted. • Addition of development standards more restrictive than development standards of the Town of Marana or those established in this Specific Plan. Exemptions: The following shall not be considered an amendment to the Specific Plan and shall require the approval of the Town Planning Director: The density distribution shown in Linda Vista Village is conceptual and is provided for illustrative purposes only. The total number of dwelling units shown per land use area does not establish a regulatory count. The determination of the actual distribution of dwelling units in a planning area at the Development Plan and Preliminary Plat /Final Plat process shall not constitute an amendment to the Specific Plan. Density transfers across planning areas is permitted. 56 Marana Regular Council Meeting 01 /19/2016 Page 167 of 303 Part IV — Implementation &Administration 3.1 Planning Area Boundaries The boundaries and acreage of all planning areas within this Specific Plan are shown on the Linda Vista Village Land Use Concept Plan (Exhibit II: D.1 -Land Use Concept Plan, p.13). Where a planning area abuts an internal street or drive, the boundary shall be the centerline of that street. Where a planning area abuts another land use area, the boundary shall be as shown on the Linda Vista Village Land Use Concept Plan. Changes in the boundaries and acreage of planning areas shall be permitted as an administrative change as follows: a. The size of any development parcel or Planning Area shown on the Linda Vista Village Land Use Concept may increase or decrease 10% after final determination, through the platting process. b. No amendment to this Specific Plan shall be required for an increase or decrease in development parcel or Planning Area boundaries internal to the site, which results in increases or decreases to those areas amounting to less than 10% of the area of each parcel area. The Master Developer shall keep and submit accurate records of such boundary shifts and inform the Town of Marana Planning Department of the area changes. c. The final boundary of any planning area shall be established when the final block plat is prepared for that area. 4. Substantial Change This Specific Plan may be substantially amended by the same procedure by which it was adopted. Each request shall include all sections or portions of this Specific Plan that are affected by the change. The Planning Director shall determine if the amendment would result in a substantial change in plan regulations, as defined in the Town of Marana Land Development Code. The decision of the Planning Director regarding the determination of a substantial change shall be subject to appeal to the Town of Marana Town Council. 5. Interpretation The Planning Director shall be responsible for interpreting the provisions of the this Specific Plan. Any applicant aggrieved by the Planning Director's interpretation may request an appeal to the Board of Adjustment within fifteen (15) days from the date of the interpretation. If any provision of the Design Standards is considered ambiguous or unclear, the Planning Director shall be responsible for interpreting the intent of the Specific Plan. 6. Fees Fees shall be assessed as indicated by the Town of Marana's adopted fee schedule that is in place at the time of development. Town of Marana collects Impact Fees for Parks, Streets, and Water. Base fees may be adjusted as a result of creditable infrastructure the development may provide. Linda Vista Village at Cascada Specific Plan 57 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 168 of 303 Part IV — Implementation &Administration 7. Annual Report At the platting stage, the Master Developer shall provide Town staff with a Monitoring Program. This shall provide Town of Marana staff with information to assess the impact of proposed developments on existing infrastructure and determine the needs of future development. 58 Marana Regular Council Meeting 01 /19/2016 Page 169 of 303 Appendix Marana Regular Council Meeting 01 /19/2016 Page 170 of 303 Appendix A — Definitions APPENDIX A — DEFINITIONS For the purposes of the Linda Vista Village at Cascada Specific Plan, other than those listed below, the definitions contained in Title 3 of the Town of Marana Development Code shall apply. Accessory Structure A structure that is incidental to the principal use on the lot, such as a play structure. An accessory structure shall be located behind the primary structure. Alley Loaded A residential product that provides the primary vehicular access from public streets through a private alley at the rear of the residence (rear yard), while the primary pedestrian entrance is located at the front of the residence (front yard). Alteration Any change in size, shape, character, occupancy, or use of a building structure. Builder /Developer The Builder / Developer is the purchaser of development areas of the Linda Vista Village at Cascada, and is responsible for the building or development within the areas of their ownership. Building Height Height shall be measured from finished pad grade to the highest point of the roof line. Building Setback The perpendicular distance from the perimeter property line of a lot designed on a subdivision plat of a developed area to the building occupying that lot. Clustered Parking Designated grouped parking spaces or a parking lot accessed from an alley, private street, or public street. For example, ninety (90) degree parking bays accessed from an alley, private street, or public street; parking bays in the center island of an enlarged cul-de-sac. Commercial A use operated for profit or compensation. Commercial uses can include, but are not limited to: convenience stores, gasoline service stations, package liquor stores, grocery stores, drug stores and home improvement stores, laundry services and retail shops. Linda Vista Village Specific Plan at Cascada A -1 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 171 of 303 Appendix A — Definitions Commercial - Regional Regional commercial centers are intended to serve as the focal points of regional commerce, identity, and activity. They contain a diversity of uses such as corporate and professional offices, retail malls, entertainment and supporting services. Development Areas Areas described on the Land Use Concept Plan as "planning areas" are subareas of the Specific Plan with specified permitted uses and regulations covering the development of those uses. Employment - Regional Regional Employment Centers are areas that provide economic benefit and opportunity to the entire region. They are defined by large areas of employment generating uses including but not limited to: office, commercial, research and development, financial institutions, health care facilities, governmental offices, tourism and hospitality, entertainment and /or light industrial uses. Gross Acres The total number of acres within a planning area (including rights -of- way). Guest Home A secondary residence which may be an attached or detached structure from the primary residence. Aguest home may provide limited kitchen facilities, including no more than a two burner stove, a reduced size refrigerator, sink, and microwave oven. Guest homes are subject to DRC review and approval. These units may not be for rent. Also known as a Granny Flat. Light Industrial Industrial land uses that are not noisy, polluting, or otherwise obnoxious. Uses may include but are not limited to the following: Bio- technology facilities; Research, assembly, testing and repair of components, devices, equipment and systems and parts; Newspaper, magazine publishing; Optics and optical science facilities; Radio and television broadcasting; Research laboratories and facilities, development laboratories and facilities including compatible light manufacturing; Telecommunications call center; and, Warehouse and distribution in connection with a permitted use. Live /Work Unit A building or space within a building used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work. Lot Coverage The area covered by the buildings and accessory building. A -2 Marana Regular Council Meeting 01 /19/2016 Page 172 of 303 Appendix A — Definitions Management Program The program developed by the Master Developer with the assistance of the State of Arizona Game and Fish Department following the guidelines provided by such regulatory entity. This Management Program identifies the Master Developer responsibilities for the management and maintenance of areas designated NUOS (Natural Undisturbed Open Space or Set -Aside Areas). Master Developer The Master Developer for the Linda Vista Village at Cascada and /or its assigns of all or certain phases of the project will be the entity responsible for providing the spine infrastructure, including roads, sewer and water for the project. The Master Developer shall form any required quasi - government community facilities district, the Property Owners Association and design review committees. The Master CC &R's will be recorded by the Master Developer. Maximum Density The maximum residences per acre (RAC) of a planning area, or portion thereof, as permitted by the applicable density range. Maximum Lot Coverage The area by percent ( %) to be occupied by the building footprints (including all accessory buildings). Multipurpose Facilities In Linda Vista Village at Cascada Specific Plan, Common Area Open Space areas provided as Open Space Recreation (OSR) serve multiple functions. These areas collect stormwater channeled by drainageways providing on -site retention /detention. In addition, these areas include numerous passive and active recreation amenities and may provide recreational opportunities. Natural Undisturbed Open Space (NUOS) These areas have been defined by parcel name in the Specific Plan and will be designated specifically in the block plat as natural open space areas that are not part of any lot or specific development parcel. They will be managed primarily for their natural resource values. Open Space /Common Area All common areas (with the exception of streets, alleys, and concrete channel bottoms of drainageways), parks and trail corridors in the Linda Vista Village shall be considered open space. Integration of drainage facilities and recreation areas are encouraged where practical to provide additional open space opportunities. Open Space /Drainage (OS /D) Areas of open space utilized for conveyance of off -site and on -site water, retention facilities, and may contain limited recreational amenities such as multi- purpose sports fields, play equipment, or multi -use trails. Linda Vista Village Specific Plan at Cascada A -3 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 173 of 303 Appendix A — Definitions Open Space /Recreation (OS /R) Areas located within the planning areas as general open space and recreation areas with passive and active open space areas. Planning Areas Areas described in the Land Use Concept Plan as R, EC, NUOS and CA. These areas are each designated "Planning Areas ", and are sub -areas of the Linda Vista Village Specific Plan with specific permitted uses and regulations covering the development of those uses. Planning Director The individual who is acting or appointed director of the Town of Marana Planning Department, or any administrator who is acting on behalf of the Town of Marana Development Services Department. Professional Office Employment oriented uses that include, but are not limited to: general office, medical complexes and business parks, including attorneys, doctors, medical clinics, corporate headquarters, insurance brokers, photographic studios, real estate brokers, stockbrokers, and other persons who operate or conduct offices which do not require the stocking of goods for sale at wholesale or retail. Project The Linda Vista Village at Cascada Specific Plan development project. Recreational Activities or Sites Any private land designation for the establishment of structures or areas in which to provide recreational activities such as health club /spa, country club, or golf course clubhouse. Residential Court An arrangement of single - family residential homes built around a common shared driveway. Setbacks for these clusters of homes are calculated on the project boundary, rather than individual lots. This arrangement creates a unique streetscape by avoiding garage domination and allowing varied building orientations. Residential -Multi - Family Two or more dwelling units in any configuration (semi - attached, attached, or grouped) for permanent residency on a rental, lease or are individually owned which are all located on a single lot (such as stacked flats, condominiums, apartments, and similar configurations). Residential Over Retail Residential use over a commercial /retail use. Separate access is required to the residential use. A -4 Marana Regular Council Meeting 01 /19/2016 Page 174 of 303 Appendix A — Definitions Residential - Single Family Attached A dwelling unit attached to one or more dwelling units by structural elements common to the attached units with each dwelling unit located on its own individual lot (such as duplexes and triplexes). The structural elements include common wall construction, roof, or other similar improvement. Elements like trusses, beams, and patio walls are not included. Residential - Single Family Detached One residential dwelling unit per lot. May include a guest home. Retail A commercial enterprise that provides goods and /or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. Single - Family Residential A dwelling type which permits detached, attached (two or more), townhouse, zero lot line, Z -lot line, patio home or similar residential unit. This excludes manufactured or modular units. Specific Plan The Linda Vista Village at Cascada Specific Plan. Spine Infrastructure Those systems necessary to provide development opportunities to the Linda Vista Village at Cascada site. These systems include access roads, residential collectors and associated streetscapes, trunk sewers, irrigation, water mains, electric lines, gas, fiber optics, and phone lines and cable television facilities in the major streets. The Town The Town of Marana, Arizona. Transit Stop A transit stop (for example a bus stop, shuttle stop, or transit facility) for public transportation. Linda Vista Village Specific Plan at Cascada A -5 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 175 of 303 Appendix B — Development Capability Report APPENDIX B — DEVELOPMENT CAPABILITY REPORT A. PURPOSE& INTENT This component of the Linda Vista Village at Cascada Specific Plan identifies the natural and existing conditions on and around the site, and analyzes the suitability of this plan for development. Site inventory and analysis is the primary design tool guiding how development will integrate natural and existing features of the site into a harmonious community design. This Development Capability Report follows the Town of Marana requirements provided in Section 05.06.02(D) of the Specific Plan Application of the Town of Marana Land Development Code. The following natural and existing features were analyzed to assure future development of the site is feasible and the site design takes advantage of all existing opportunities to enhance the character of the Linda Vista Village community. • Existing Land Uses and Zoning • Adjacent Property Information • Topography and Slope • Hydrology and Water Resources • Existing Vegetation • Wildlife • Views • Traffic Circulation and Road System • Recreation, Open Space and Trails • Cultural Resources • Existing Infrastructure and Public Facilities • Project Constraints B. EXISTING LAND USES 1. Existing On -site Land Uses Per the Marana 2010 General Plan, the four (4) parcels that constitute the site include Master Plan Area and Single Family Residential Land Use designations. 35.84 acres north of Linda Vista Boulevard (parcel ID 216 - 519 -5800) are designated as Master Plan Area, while approximately 119.12 acres south of Linda Vista Boulevard (parcel ID's 221- 06 -004C, 221 -06 -0020, and 221 - 04-002B) are designated as Low Density Residential. The Linda Vista Village site is currently undeveloped. For existing land uses see Exhibit B: B.2 - Existing Land Use, p. B -5. Linda Vista Village at Cascada Specific Plan B -1 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 176 of 303 Appendix B — Development Capability Report 2. Existing On -site Zoning Per the Town of Marana Zoning, current zoning comprising Linda Vista Village at Cascada include F Cascada Specific Plan NUOS), R -6 (Single Family Residential), R -8 (Single Family Residential), and Zone C (Large Lot). See Exhibit B: B.3 - Existing Zoning, p. B -6. 3. Contextual Information on Property within a 1/4 mile a. Existing Zoning See Table B: B.1 - Contextual Information on Property within 1/4 Mile, p. B -3, and Exhibit B: B.3 - Existing Zoning, p. B -6. Per the Town of Marana Zoning Map, parcel ID 216 -19- 5800 is zoned as Cascada Specific Plan, while parcel ID's 221- 06 -004c and 221 -06 -0020 are zoned for Single Family Residential. See Exhibit B: B.4 - Adjacent Specific Plan Land Use, p. B -7 for land use designations of Specific Plan areas. b. General Plan Land Use See Table B: B.1 - Contextual Information on Property within 1/4 Mile, p. B -3. c. Existing Land Use See Table B: B.1 - Contextual Information on Property within 1/4 Mile, p. B -3. d. Number of Stories of Existing Structures See Table B: B.1 - Contextual Information on Property within 1/4 Mile, p. B -3. e. Pending Specific Plans Per Town of Marana Planning there are no pending Specific Plans within a 1/4 mile of the site. f. Approved Specific Plans Per Town of Marana Planning, the Cascada Specific Plan and the Marana Spectrum Specific Plan are within a 1/4 mile of the site. See Exhibit B: B.3 - Existing Zoning, p. B -6. The Cascada Specific Plan was approved by the Town Council on December 5, 2006 by Ordinance 2006 -23, a Final Plat was then approved on January 6, 2009 by Resolution 2009 -01. Currently it remains under development. The Marana Spectrum Specific Plan was approved by the Town Council on August 7, 2007 by Ordinance 2007.19 and was twice amended, last on May 6, 2014 by Ordinance 2014 -010. The subdivision plat known as the Marana Center was approved on August 5, 2014 by Resolution 2014 -073 and is currently under development. g. Subdivisions and /or Development Plans Approved See Exhibit B: B.5 - Existing /Approved Subdivisions, p. B -8. h. Adjacent Architectural Styles Traditional Southwestern Ranch as per Town of Marana Land Development Code. B -2 Marana Regular Council Meeting 01 /19/2016 Page 177 of 303 Appendix B — Development Capability Report 4. Location& Ownership of Wells /Well Sites within 100'from Site According to the Arizona Department of Water Resources, there are no well sites within 100 feet of the site. See Exhibit B: 6.6 Wells within 100' of Site, p. B -9. TABLE B: B.1 CONTEXTUAL INFORMATION ON PROPERTY WITHIN 1 /4 MILE. Property Zoning General Plan Land Use Existing Land Use # of Stories Linda Vista Village F, R -6 R -83 Zone C Master Plan Area Undeveloped p NA at Cascada (Large Lot) Low Density Residential North, NE F, C, SR Master Plan Area, Partially developed, 1 and 2 Low Density esidential y Single Family Residential 9 Y East C, R -6, SR, Low Density Residential, Partially developed, 1 and 2 MR -1 Medium Density Residential Single /Multi - Family Residential Southeast R -8 Low Density Residential Undeveloped NA South E, C, R -6 Low Density Residential Partially developed 1 Southwest C, E, LI Industrial, Partially developed, NA 1 -10 Corridor Transportation Corridor West, NW F Master Plan Area Partially developed NA SOURCE: PIMA COUNTY GIS; TOWN OF MARANA 2010 GENERAL PLAN, OCTOBER 2014 Linda Vista Village at Cascada Specific Plan B -3 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 178 of 303 Appendix B — Development Capability Report Exhibit B: B.1 - Context Plan Cascada North o. HI Uni �a� 'ncor_porated - ' Pima Count M ° I r ma y . Linda Vista Boulevard Source: Pima County GIS, February 2015 LEGEND F Cascada North Specific Plan F Cascada Specific Plan F Marana Spectrum Specific Plan ' 1 L _J Project Site 0 Town of Marana E ca Cortaro Farms Road W N L: ; : SCAL E. I" _ U m&s B -4 Marana Regular Council Meeting 01 /19/2016 Page 179 of 303 Appendix B — Development Capability Report Exhibit B: B.2 - Existing Land Use jCascada V i l l a 3ge ` �� /• Y 'V ♦ O;asisHills II - Oa *sis Hills Unincorporated I ' -- Pima County - # �•'� o 1 11 %� Ila�e 1 g � IL f r - '_ C Irlp I* EL 1 ■ 6 f -f / 1 1 f I Marana Center tit LM �ffi- - r �•� • IT f Hartman Vistas. -,"� _ 4 1 f Marana 59 Y. f N JAI 4 a 1 1/4 mile radius NORTH Source: Pima County GIS, February 2014; Marana 2010 General Plan S1 1or 2' LEGEND 0 V n n de velo ped iT' SCALD 1 �' 1000' aca t/U de e oped �/, Project Site F-] Residential Single Famil g Y ®gmF) In ® Marana Town Limits ® Open Space F Public /Institutional F Industrial Linda Vista Village at Cascada Specific Plan B -5 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 180 of 303 Appendix B — Development Capability Report Exhibit B: B.3 - Existing Zoning J L s Ada .0 -d ,ell A4 i t M1„ r` 0 d 1� p r ` T f } LLa f I MARANA SPECTRUM SPECIFIC ,. PLAN � I I 4 S mil • 1 . -• 1 F 1 i r17 T_ r l4 _ ° 1 1. 1 _ 1/4 mile radius Mq • CR Source: Pima County GIS, October 2014 0 5W l ff LEGEND CALL; 1'= I Y U C: Large Lot Zone U MR -1: Multi - Family F E: Transportation Corridor F VC: Village Commercial F R -6: Single Family Residential F LI: Light Industrial F R -8: Single Family Residential 0 SR: Suburban Ranch (Pima County) F R -144: Single Family Residential CASCADA f 9%% }� SPECIFIC f PLAN f I MARANA SPECTRUM SPECIFIC ,. PLAN � I I 4 S mil • 1 . -• 1 F 1 i r17 T_ r l4 _ ° 1 1. 1 _ 1/4 mile radius Mq • CR Source: Pima County GIS, October 2014 0 5W l ff LEGEND CALL; 1'= I Y U C: Large Lot Zone U MR -1: Multi - Family F E: Transportation Corridor F VC: Village Commercial F R -6: Single Family Residential F LI: Light Industrial F R -8: Single Family Residential 0 SR: Suburban Ranch (Pima County) F R -144: Single Family Residential F GR -1: Rural Residential (Pima County) B -6 F F: Specific Plan [ 7 Project Site R, Marana Town Limits J U U U Marana Regular Council Meeting 01 /19/2016 Page 181 of 303 Appendix B — Development Capability Report Exhibit B: B.4 - Adjacent Specific Plan Land Use r VC MDR F. P 0 OWN JL Me ti MDR MDR �� f A• °1 f ti. EC ff drff �� I f : � r' .^`- l : � M 1 ME o ri ` �� '� ro e o ° n o I- : h AJ " . �1 J ME. a NEW a: .. 1/4 mile radius = �`. TH Source: Pima County GIS, February 2015; Cascada Specific Plan, 2006 0 5W 1F 2' LEGEND 0 RC: Regional Commercial 0 OS /D: Open Space / Drainage F VC: Village Commercial F NUOS: Natural Undisturbed Open Space F Non - Specific Plan Area 0 EC: Employment Center P: Park %, Project Site F MHDR: Medium High Density Residential ,,,, Marana Town Limits MN F MDR: Medium Density Residential Linda Vista Village at Cascada Specific Plan B -7 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 182 of 303 Appendix B — Development Capability Report Exhibit B: B.5 Existing /Approved Subdivisions l J .•• �y ,1 11 - �Cascada Village " k %6 Oas I I Is I I _ ° YI -. - 1 IL M s 4 Oasis H I I Is - -f_ r Ir -� -a J .� 1 �•° � ti � y 1 L .la ;�. s A o F N - ldf�r r $ r.'. �..a �+ 9i ,F P �'� �f 4 ^ , e , • 9 �.. � 3 1„ — L . 1 Cascada Village 1�'r j 1 ^k r Y P F • L ti - 1 y 1 1 I J� • � � F I' s 1 : r a - 1 HartmanVistas - ' Marana Center ry � r F 6 1 1 , rS S _ 4 _ Y I ° . e � 1 - 1+ u I ` a _ - I $ - a e r , • 1 e 1 d 1 IF' IaaMI laaaaaaaaaa MMM laMa 1� laaaaaaaEmm A � i Mom lam lid WA laaaaaaaa� ! .! !�� 1• L W -,r • r r �. 9 `` f 1- 41 Y 1. 1 ��1 � M r n ', i I TT F y a a5 u `� 1 4 � h / a 1 - - ` ;° 'e • Yi _ "p "' � �'i° Y : � ' p �'� Y J° .! — �.Ylra� .� 1■-s � J. laaa>N& as laaaaar � � ° — 1� �� �- � - �. , 1/4 mile radius ti 1 1 0.I , T1 1 Source: Pima County GIS, October 2014 2' LEGEND 0 Subdivision Project Site :NONE: Marana Town Limits ■ ■ ■ ■ ■ ■ B -8 Marana Regular Council Meeting 01 /19/2016 Page 183 of 303 Appendix B — Development Capability Report Exhibit B: B.6 - Wells within 1 00' of Site r - 6 � L F . IP � FL ;. — n - � 7 � �T � P r^,' oi • f o ` � 1 •�, a - y 1'L Eli I " e a..-•� F Q' - 6N r de Ir IL 1 r - • u � iiSS e R " � —n � , I s h y � � e . e r'� � n • LL - I 4 � ' e • V � I 7 1 y . IeeeeeeeeeM No eems eeeeeeeeeeEE MW dm '-J MIF r A . re�� O - - ' L era ,� eee� eeeeee MEN ' • , ,... A• - F 1 , °� ' _� '� a ., :: ice' _ 4 ■ IF n 1 , 1 , 'n I e � e 1 ■ e ' 1 IF R., 1 _ •�•�. ,. , _ .� i ee� • sl• M � � i eeE ra m f fe!f 40 � eeeeeeeeeems eee■ eeee�e� - � � � � _ � [ �.� 3 � r — v MEMO � � .a`e s �1 I00'radius �� = . + � r • rte °' a �,. ° 1-� - y ° [ f 06 1 , JF AM 1 " — a. T ,s i ° 1 [ IF 1 s 1 •. -z • a ij -, � ' }.M . , ���.. � ,sue, - 1 d � � ..� s '• ■ .l.. � ' ■ � �,. , ` TTTL 7 IL " NOPTH I Source: Pima County GIS; Arizona Department of Water Resources, October 2014' LEGEND Water Well "E, I I' r — , i r Project Site ■■■■■■ Marana Town Limits ■ ■ ■ ■ ■ ■ Linda Vista Village at Cascada Specific Plan B -9 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 184 of 303 • f o ` � 1 •�, a - y 1'L Eli I " e a..-•� F Q' - 6N r de Ir IL 1 r - • u � iiSS e R " � —n � , I s h y � � e . e r'� � n • LL - I 4 � ' e • V � I 7 1 y . IeeeeeeeeeM No eems eeeeeeeeeeEE MW dm '-J MIF r A . re�� O - - ' L era ,� eee� eeeeee MEN ' • , ,... A• - F 1 , °� ' _� '� a ., :: ice' _ 4 ■ IF n 1 , 1 , 'n I e � e 1 ■ e ' 1 IF R., 1 _ •�•�. ,. , _ .� i ee� • sl• M � � i eeE ra m f fe!f 40 � eeeeeeeeeems eee■ eeee�e� - � � � � _ � [ �.� 3 � r — v MEMO � � .a`e s �1 I00'radius �� = . + � r • rte °' a �,. ° 1-� - y ° [ f 06 1 , JF AM 1 " — a. T ,s i ° 1 [ IF 1 s 1 •. -z • a ij -, � ' }.M . , ���.. � ,sue, - 1 d � � ..� s '• ■ .l.. � ' ■ � �,. , ` TTTL 7 IL " NOPTH I Source: Pima County GIS; Arizona Department of Water Resources, October 2014' LEGEND Water Well "E, I I' r — , i r Project Site ■■■■■■ Marana Town Limits ■ ■ ■ ■ ■ ■ Linda Vista Village at Cascada Specific Plan B -9 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 184 of 303 Appendix B — Development Capability Report C. TOPOGRAPHY Topographic features of the Linda Vista Village at Cascada site were assessed by Presidio Engineering, Inc. 1. Significant Site Topography The topography of the site is characteristic of the Tortolita Mountains Alluvial Fan. The site is on the far downstream portion of the Tortolita Mountains Alluvial Fan, which is relatively flat and gently sloping to the southwest. To a very limited extent, the site includes some small irregular hills, which contain local slopes in excess of 15 %. The elevation of the highest point on the site is approximately 2,236 feet. The elevation of the lowest point is approximately 2,152 feet and is located at the southwest corner of the site, adjacent to the proposed Marana Center commercial development. Existing topography at 2' contour intervals is shown on Exhibit B: C.1 - Existing Topographic Features, p. B -12. a. Hillside Conservation Areas No known Hillside Conservation Areas exist on the site. b. Rock Outcrops No known rock outcroppings exist on the site. c. Slopes of 15% or Greater The site includes a number of areas with 15% or greater slopes as delineated in Exhibit B: C.1 - Existing Topographic Features, p. B -12, but they are centralized into three (3) main areas. The first is a series of narrow bands at the northern portion of the site. The slopes are mainly located along the western side of a ridgeline which is more than 750 feet north of Linda Vista Boulevard and is therefore not visible. Additionally, this area is roughly 30 feet lower than the adjacent Oasis Hills development to the north. The second area is a narrow band located in the center of the site and is mainly concentrated around one of the existing flow lines through the site. The slopes are more than 1,200 feet south of Linda Vista Boulevard and roughly 24 feet lower in elevation. Additionally, the slopes are northwest facing and nearly 1,200 feet away from the adjacent Hartman Vistas development. Consequently, the slopes are relatively isolated and not visible from Linda Vista Boulevard and the adjacent developments. The third area is a narrow band located at the southeast corner of the site. The area faces northeast and is not visible from the adjacent Harman Vista development. Additionally, the slope is more than 2,000 feet south of Linda Vista Boulevard and is not visible. B -10 Marana Regular Council Meeting 01 /19/2016 Page 185 of 303 Appendix B — Development Capability Report d. All Other Significant Topographic Features The site is relatively flat and has no other significant topographic features such as prominent peaks or ridges. e. Pre - development Cross -Slope The pre - developed cross -slope of the development is relatively flat and uniform across the Specific Plan area. The calculated average cross slope is 4.57% and was calculated using the following values. Average Cross -slope Calculation Specific Plan Area = 155 Acres Contour Interval = 10 Feet Length of Contours = 34,602 Linear Feet Number of Contours = 9 Average Cross Slope = ( Interval) x (Length of Contour) x (0.0023) x (Number of Contours -1) Specific Plan Area Number of Contours (10) x (34,602) x (0.0023) x 155 9 = 4.57% Linda Vista Village at Cascada Specific Plan B -1 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 186 of 303 Appendix B — Development Capability Report Exhibit B: CA - Existing Topographic Features ,a,,. a . a oe? 4 ke _ w _ r• 1 7 It 1 - ° _ I _ � 4 , jj d _ � S1= fi r, - A `� I ��� ■ ��, '� 1 ' r , • _ LA Jr - , ., , ,� r-' � f`' Al � 1 ,� 1 -^�, • •!Ik F�I _.. 1 - _� ■ d � - _ I _ y 1 { d" y x y 1 r � -ire � � Y 1, - _ � - � °r = 1 `. r F I Y - 1 - 1 , ° 1 " ray' • I` r..• ... k rr 1 , t -L: - ° -' _� ■, b - _� % •; , � i MCI, Y`r -Y . _ • ++ r° fi r= Lr i, A , Pod , 91•,1 �.-1 1 i �1•r• . 1: ' - ter >,. ,A� a__L4 r _ I �• _ _, Irt d 9A ; f , ,r r �° �,J . ,i ii - �Fj I 1 1 , • ' OIL ,�A i d•. _�f r - r„ - _ . I I - _,t 1 !.. •,'•`� j°�y1�E - Ad IL f -', �, � A. �d ` � - r _ °• �''n. V � r � I ,,. I ,�. ° -- - d . � - � ' - TZ � � 1 ` °• • � 'L � ,� ry •� •. �. I I � d • 1 51i..� -� 1 - - +1 + fSP.._ ■ 4 s -y '� e ° =,,,, ' tip 1 • W eI 1, �, 1 } - _ r � .T .. I 1 ::tie• -e •� ,` }'ti' i ��k •� �. 5 11 1 r Y - ®� 1 I •. - _ - L j A r � y - ` A' d' A' �` 1 "I } �. 5 d �' 1 _ ,� � F - �. 1 ti • 1 _ _ .„ a •° 1 r _ .• 1 ,,.. ate l -. IE { • I _ 1 f • T . _ti � >�r I � �, �� r�-�° r � � - ,.' -`� fir. ,.. .: . d ...• } _ �� � •�� . 1 11 ® f AI � r J , IL a F _ _ S , ° _ L ° SIP', �. ,- 14 �_ I - 1 • �� :. 1. ' Y L, � .�� � �' �1 �_ 1 1 T LL6, it ° �- 1.., S - .. Nt A M NOPTH _ L 1 1 ` Source: Pima County GIS, October 2014 & Presidio Engineering, Inc., December 2014 0 300 6w LEGEND +f F Slopes >_ 15% SCAL E_- Jurisdictional Determined Washes Project Site F Contour Interval: 2 B -12 Marana Regular Council Meeting 01 /19/2016 Page 187 of 303 Appendix B — Development Capability Report D. HYDROLOGY This portion of the Linda Vista Village at Cascada Specific Plan includes pre - development on- site and off -site hydrologic characteristics and water resources. CMG Drainage Engineering, Inc. (CMG) conducted a preliminary drainage assessment for the project site based on the results of the 2011 flood insurance study for the Tortolita Piedmont, and upon recent hydrologic computations using the PC Hydro method. 1. Off-site Watersheds Affecting or Affected by the Site The property is affected by off -site drainage emanating from the Tortolita Mountain piedmont. The majority (approximately 80 %) of the project site is impacted by FEMA Zone A01. Zone A01 indicates areas flooding during the 100 -year storm at depths of 0.5 feet to 1.5 feet. The remainder is mapped as shaded Zone X which indicates areas of flooding during the 100 -year storm at depths of 0.5 feet or less. The boundary of the watersheds that contribute storm water to the site are shown on Exhibit B: D.1 -Off -Site Watersheds p. B -15. 2. Significant Off-site Features, Natural or Man -made There are no significant features within the watersheds contributing storm water runoff to the property. Land use density (existing development) is very low. CMG has identified fourteen (14) concentration points for off -site storm water entering along the upstream project boundaries. These concentration points are labeled numerically on Exhibit B: D.2 - Pre - development Hydrology, p. B -17. CMG has identified ten (10) concentration points for washes exiting along the downstream project boundaries. Concentration points are labeled alphabetically and all concentration point locations and peak flow rates are identified on Exhibit B: D.2 - Pre - development Hydrology, p. B -17. Three (3) of the washes are major watercourses having 100 -year peak discharge rates in excess of 1,000 cfs. 3. Upstream Off-site Watersheds with 100 -year Discharge Greater than 50 cfs The on -site drainage is conveyed in a southwesterly direction as sheet flow which co- mingles with off-site flows associated with the FEMA floodplain areas. Floodplain areas associated with Tortolita Mountain watersheds were determined in association with FEMA flood hazard mapping completed in conjunction with the Tortolita Piedmont Study. A copy of the effective FEMA flood hazard map (a portion of FEMA FIRM Panels #04019C1065L and 04019C1665L) is provided as Exhibit B: D.3 - FEMA Floodplain, p. B -19. Linda Vista Village at Cascada Specific Plan B -13 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 188 of 303 Appendix B — Development Capability Report 4. On -site Hydrology Including: a. 100 -year peak discharges exceeding 50 cfs. See Exhibit B: D.2 -Pre - development Hydrology, p. B -17 for 100 -year peak discharges exceeding 50 cfs. b. Federally mapped floodways and floodplains. See Exhibit B: D.3 - FEMA Floodplain, p. B -19 for federally mapped floodways and floodplains. c. Areas of sheet flooding and average depth. Approximately 80% of the project site is subject to sheet flooding. Sheet flooding depths range from 0.1 to 1.0 feet. d. Existing drainage conditions along the downstream property boundary. Downstream properties are subject to widespread sheet flooding conditions similar to the project site. Natural channel capacity decreases in the downstream direction which increases the area and volume of overland sheet flows. B -14 Marana Regular Council Meeting 01 /19/2016 Page 189 of 303 e . .�; r 1 i -y ] }7' I I 7 LLLL 111 FY 'I 44 f t a 1 �_ �� -, y � • a ds _ '� � �'` �M - �� ` I ` . �•,rY • Y I y I � e �. �. 'y —.. .' � If a _ J i y - '�• a , I ! !I 1 � i 6 4 f 4 k 0 w L SI dL 4 L 7 ° P ' f A u " ' — d ti a ,r r 1 l i .� � • fL O L 4 O d a . ai v 4 4 I L :E • 0. i Y • + C t ' 4 die^•' y � d � - - � LF J� - i. v - ..•Z. - 7-1-11. a •[�., % min it Ll Mara Regu lar Council Meeting 01 /19/2016 flaual❑ h 1 DISCHARGE SUMMARY TABLE v CID DA (AC) Q100 (CFS) to 1 35.2 177 0 2 986.5 794 3 3.3 22 4 36.6 135 5 2.5 13 CD 6 53.2 225 0 7 695.8 670 8 16.2 86 9 7.4 41 10 4.3 27 11 3.4 21 12 20.7 107 DISCHARGE SUMMARY TABLE DA CP AC 0100 CFS .. r 13 2770.2 1732 1 + - 14 8.5 53 a 5.6 35 1 Al B 1686.1 741 r F 1 ! � � ` 3 C 58.4 311_} •.R Ir - 1p _ D 763.9 553 F ; �? , — f E 19.2 54 : F 71.9 278 _ s � e G 39.1 139 a_ � H 2819.1 1779 I ; a 3.8 20 _ -r, •, �' .rte • J 0.8 4 do Apff lk r t kz r 5 a . • • : : r , : g F a , e a mot .r t _ v . s r Y ' ' r F : J ' 4 •- L r , 5 1 • ° D cu L n NJ _. '\ , le ' � ' % x r , s r 4' 1 ° , qs n �.. , y _ b ,. W 14 1 Fir � : �r�_yy`�, ph i � ''�� , 1 1 �• � _ - 4 �' - -. %IV. ° w i lb z _ * w _ 1 f � u a IL k F +• s ' i # Vi 1 . va ®R 41 11 x co ip LL r eM y } ' 4 1 ■ 1 W y „ r� s , �k I° NI -A Ne • M �ytt .iii r e F r IL PIP F ii 40 Al s F k 4 IL w . � �. + ' x' � _' F F 2 •- .�� .��L i. 1. + w !� L Y v � L��Ye,i'x _ f • g J�1 T � ; 30 IL v f T � e { _ « _ ° , 1 16 * A �.� %: .� + mil, '} _ .7 ~ M- 4' 9 � as T ! u + e Ar 41 . — * 4 F le At A� # - - - _ l y J . t` F a 1 I _ P. ° - 4 t F } e La fh or _ ,� ■ + , 'M i - - #. ■°� R ,m MF4 Tom, Ir LOU WA S ,� - - •. ii a . li . d A am. * _ J L +, ° t _ r ".,_ •� , I * ' ■: - _ 1 13 .: t, �h � ♦ t F � #yLy� i[ _ r ' 1 44 f a , F. M ui ° : 7 sk Al, 4L ■/ � . . L y y Y # . AM # u, Y A ` a �� , . ire u F, X111 1 # '1 hL lam WL l a F -' P i k ik IL AK OL +« e. 1 ,J b •' •� '# w s "J# JI T + d r �x Ir L F w �. 14 t �k j ,l - ■ r i or 'Itz At �l top w ` r e ° Appendix B — Development Capability Report E. VEGETATION 1. Vegetative Communities &Associations on Site The vegetation on the site is relatively undisturbed with the exception of a network of ATV trails. The vegetative density and composition vary relative to proximity to the washes that cross the site. The vegetation in the washes is classified by Brown (1994) as part of the Mixed Scrub Series of the Tropical - Subtropical Swamp and Riparian Scrub. They are further sub - classified as part of the Prosopis velutina (velvet mesquite) -mixed scrub Association. At this site, the Velvet Mesquite Association includes Velvet Mesquite, Ironwood, Foothills Palo Verde, Cat Claw and Whitethorn Acacia, Desert Hackberry, and Saguaro. It is dominated by Ironwood and Cat Claw Acacia. The vegetation in the upland areas of the site is classified by Brown (1994) as part of the Paloverde -Mixed Cacti (Arizona Uplands) Series of the Tropical - Subtropical Desertlands. They are further sub - classified as part of the Larrea divaricata -mixed scrub Association. At this site, The Larrea divaricata Association includes Ironwood, Foothills Palo Verde, Creosote, Triangle - leaf Bursage, Cholla, and Saguaro. It is dominated by Ironwood, Foothills Palo Verde and Creosote. See Table B: E.1 - Vegetative Communities, this page, and Exhibit B: E.1 - Vegetative Communities, p. B -22. TABLE B: E.1 - VEGETATIVE COMMUNITIES Washes -Mixed Scrub Series Trees Shrubs Cacti • Ironwood (Olneya tesota) White Thorn Acacia Saguaro • Velvet Mesquite (Acacia constricta) (Carnegiea gigantea) (Prosopis velutina) Desert Hackberry • Foothills Palo Verde (Celtis pallida) (Parkinsonia aculeata) Canyon Ragweed • Catclaw Acacia (Acacia greggii) (Ambrosia ambrosiodes) Uplands - Paloverde -Mixed Cacti (Arizona Uplands) Series Trees Shrubs Cacti • Ironwood (Olneya tesota) Creosote (Larrea divaricata) Saguaro • Foothills Palo Verde Triangle -leaf Bursage (Carnegiea gigantea) (Parkinsonia aculeata) (Ambrosia deltoidea) Cholla (Opunita spp.) SOURCE: SITE OBSERVATION, OCTOBER 2014 References: Brown, D.E. (Ed.). (1994). Biotic Communities: Southwestern United States and Northwestern Mexico. Salt Lake City, UT: University of Utah Press. Linda Vista Village at Cascada Specific Plan B -21 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 193 of 303 Appendix B — Development Capability Report Source: Pima County GIS, March 2015 Exhibit B: EA - Vegetative Communities lb YI����� � °�.� 1 �a ,' � , � -,_, c . a L. ' s ,�_ • r � • � 1 1� 5� _� _ 1 �_ • I r: ii ^ � � - r L " a +. ^ _ ' - 1 1 •+ -•�r —r� ®_�� Z �`� ''�_ ���' � -�j- YI " ° 1 • °• tit' � ! Y ®� •�_ `— � _ , - _ N - - . r ti ,. P • i ° ti p • ' r - � i TL — I �� ° , �. _ e _ -' yam e YY l e ° __ 5 L " a _® < • t 1� _ ._,.• � .. :_ : - . _ °.. - � ti p.: �l '1 ,' � �� - "�e. P �� ti, — � 1 ly��_ —: _ _ - • - 4 r ~ ti A. 1 1 Y ! {�' _ _'�'` _ - ,, .- - -a MS T � 'r � � ' 0 },, � '�� � _ r• T�� ° l _ •, a ,Y•_ ter, 1! :% r _ L r � • � � � ��. + WLti ��•... - Y � � _ - _ — ,� 1 t •." —° �_. - r S' � 'T _ _ ° ' k„ °Y 1� 1 -` _ .� Y 1 J : • • 1 i e. �—r" I�R J z I •• r ` "� •- ,_ , ...1 . i 1 " • ., . �. � • .. '_.,. ,_ • �a ^. j _LindaYista .B_o .ule,v ar_d_ JL — rr .. _,�: • 4 �• _.r— !, .,1� r-r� i i�i ! - I!' 1 I _' M it 11 M P - - ra EAA d-d6aA Jr .. a 1: � • l � i �y„r" ,: Y 1 � ` r " ti ° I E 1 d ""�� � e` YJ o A Y _{ •• e M ~fir I P 1. Mill " 1 5 I L fear _ ;, I A � • � '�� 4 1 b ` I � -- • "•tea.,,. � + � � I�, � _ a, .1 � ��s'r . . �f ■ � 1� � :i °,� " ° . i L ,e — R r Y `r `f l ° _ • . — . Pip Le n _ •, 44 _ — � � I -ti`- # � � '4 4 ti � ° aff' � � , — 1-� � _ � _ ^ • •' a i ti _ 1 _ 1 r .'1 ,•. � e � - v d .ti•" r I F _ 1 �— Y r i V w ' a LEGEND RE —, Arizona uplands Larrea divaricata -mixed scrub Association F Mixed Scrub Series; Prosopis velutina -mixed scrub Association Jurisdictional Determined Washes i f NOPTH Project Site .... Marana Town Limits MN F Contour Interval: 2' B -22 Marana Regular Council Meeting 01 /19/2016 Page 194 of 303 Appendix B — Development Capability Report 2. Significant Cacti, Groups of Trees, & Federal ly-1 isted Threatened /Endangered Species Given the natural characteristics and existing vegetative composition of the site, and in compliance with the Town of Marana Land Development Code (Section 17.02 Native Plant Protection), Exhibit B: E.2 — Significant Vegetation, p. B -24 depicts the locations of vegetation inventoried as "significant ". Significant vegetation on the site consists of large Saguaro specimens and Pima County Regulated Riparian Habitat. The Saguaros on the site are uniformly large and have many arms indicating significant age. The average Saguaro on the site is over 20' tall and has 3 or more arms. Although the site overall does not have a significant density of Saguaros, a small area in the southeast corner of the property has close to 1/3 of the saguaros on site. Ironwood trees, and Foothills Palo Verde are the dominant species on the site and large specimens of Ironwood can be found in the riparian areas that are shown on the Significant Vegetation Exhibit. Per Section 17.01.02 of the Town of Marana Land Development code, the following is listed as criteria for identifying Significant Vegetation: 1. Plant species are native to the area. 2. Plant species composition is typical for the area. 3. Plants are generally healthy and will survive for 5 or more years. 4. Plant density is unusually high for the conditions (soil, slope, orientation, water availability). 5. An unusually large number of mature specimens of individual trees and /or columnar cactus species are present. 6. Noxious /invasive species are few and not visually prominent, such as Desert Broom, Tamarisk, Mexican Palo Verde and Tree of Heaven. 7. Grading or clearing has not substantially altered the landscape in the area. 8. Constructed non - native landscapes do not qualify as unique significant vegetation. The Arizona Game and Fish Department's Heritage Data Management System (HDMS) identifies two (2) plant species of Special Status within three (3) miles of the project vicinity, the Stag -horn Cholla (Opunita versicolor) and Tumamoc Globeberry (Tumamoca macdougalii). See Table B: E.2a - Plant Species of Special Status, p. B -25, and Table B: E.2b - Status Definitions, p. B -25, and Exhibit B: F.2 - Arizona Game and Fish Department Letter, p. B -30. Linda Vista Village at Cascada Specific Plan B -23 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 195 of 303 Appendix B — Development Capability Report Exhibit B: E.2 - Significant Vegetation � , - � �� . -. �,. - -� k v _ I e 1 _ -'�:�: I c 1 1 1 �,_ • f 1 � '�', i I — _ ,.. �• - Y � ,,�' r�r I a yti' I - 1 ` . '. 6_ .. �.• .•�—. L• "� °•�.r�' ' 1 5 �� k � _ —1•• ` rE ¢1 � 4 � 1• • 1� T I _ � r ,• • ti .,,, , - ', 1 R ,• b y ° I : �'�•+ 'k. ti, r x li p• -tip s ue— ,e 'e 1 I _•�• v ••e" A y l� 1 .. 1% I 1 e. � I • • Y - I 1 ti 111 - h 7Ji�ac 4 1 % N vy , _ rr r 1 =: a ti .-_ a "� a � _ " • �Y'ri r � e °I .x I � 5 _— , 1 1 i•IA e r : r L in da_V.is_ta,B_o.ulevar_d._ 1 :1' - r iiiF �ilf�i�3■ r S k, mss- -' ®r����i®•rFitl�^l *'�TR91� ®=ffIF T'.. 1 �r -:ff 1, ■ . Wi i� -H - 1-9 9•'ti F 1 T! �� ... r'��r ■ ■ MIM r a ' a 1 L ,. r Itr• — y p - _ .• A _ ._ ' I �!, p r+ _ � L ^ � Cp l y � ��� • ��— : _ I a L M r' 1 { 1 , ". t. — ® • • �'_ e r ' a' 1 r 1 }+-, 1� Apr A: — •�, S • d I 7 — `'•.t j k,�._'� Y r ILI rl a l l I F �.• 1. • - Y r "•, .,� y �' "} �. f � -= � p � � � �,� � 1 — � AI L I �� � � �; A "~ °A k � r te. - _ -. •°" � • 1 � ° , -�1 1 +" ��� w r - p i _ r •_ —�.. � - i 1 � 1 , � _ � �. �' r � � Y I r'• a p' _ ` . _ _ `. . �" 1 � � I , ' 11 ril ., — �I � ' . �L ��` I • °• p °— : e � •P� —� } - _ • 4 ti Y I, e s f 1 �• �° '_ � ° a . � 1.. — -- '.Y , , ,_ ��r.,..� � p' g,' � 1 _ L � �,,� t ° � ti • •5 .'I' —u�a }. 4 a• '° — ''.i,l i j 1 .• L _ . —'J a ,� a, +"• f . ,j -. • •. A ". a s -u LL I • _ �- _ Ate; p . { _ 1 q r• ^,r $ k , •- - • •a �.. -, s _ p ° - : _ � — ti' � � •. �� r Ip I, 1 � 156 Jq, i A " -- ° w� y . V . — ry _ ` Apt JL _ + ' _tip — °•. I d 'L _ _ 4 ° _ p r _ y 1 _ . •, n — ..p • p - . :� r le ., - : e �L y e �' r —• f 7 _ SO , • L. �._ � ' 1 9 � .� —� A A � I M�� •q; ,_ _ y _ , �� NOR V'± 7 1 � 1 Source: Pima County GIS, March 20151 LEGEND Riparian Habitat IRA i — i � �i � ' 0 p ( ) L Project Site Significant Vegetation (Saguaro) : Marana Town Limits ■ ... ■ ■ -�-� Jurisdictional Determined Washes F Contour Interval: 2' B -24 Marana Regular Council Meeting 01 /19/2016 Page 196 of 303 Appendix B — Development Capability Report TABLE B: E.2A - PLANT SPECIES OF SPECIAL STATUS Scientific Name Common Name FSW USFS BLM State Opuntia versicolor Stag -horn Cholla considered sensitive by the Regional Forester. BLM (US Bureau of Land S: Sensitive SR Tumamoca macdougalii Tumamoc Globeberry considered sensitive by the Arizona State Office. S S SR Carnegiea gigantea Saguaro Collection only with permit. Plant Law (2008), Arizona Restricted HS SOURCE: ARIZONA GAME AND FISH ON - LINE ENVIRONMENTAL REVIEW TOOL, OCTOBER 2014 TABLE B: E.213 - STATUS DEFINITIONS Agency Status Definition USFS (US Forest Service, US S: Sensitive Those taxa occurring on National Forests in Arizona which are Department of Agriculture) considered sensitive by the Regional Forester. BLM (US Bureau of Land S: Sensitive Those taxa occurring on BLM Field Office Lands in Arizona which are Management, US Department considered sensitive by the Arizona State Office. of the Interior) State - NPL Arizona Native SR: Salvage Collection only with permit. Plant Law (2008), Arizona Restricted Department of Agriculture HS: Highly No collection allowed. Safeguarded SOURCE: WWW.AZGFD.COM, OCTOBER 2014 3. Vegetative Densities by Percentage of Plant Cover Existing vegetative densities found on the project site are related to the existing landforms which can be broadly classified as riparian areas, slopes, and alluvial fans. The slopes are characterized by rocky soils and smaller washes and have the greatest density with approximately 37% vegetative cover. The cover is primarily smaller Ironwood and Foothills Palo Verde trees and the greatest densities of Saguaros are found on the slopes. The riparian areas have a similar density with approximately 36% cover. These areas have the greatest diversity of tree species on the site and are characterized by large trees in larger sandy- bottomed washes. The alluvial fans have significantly less vegetative density with 19% cover. These areas are flat, sandy, and dominated by creosote and bursage. See Exhibit B: E.3 - Vegetative Densities, p. B -26. Linda Vista Village at Cascada Specific Plan B -25 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 197 of 303 Appendix B — Development Capability Report Exhibit B: E.3 - Vegetative Densities 77 er 1 1 - � —• l 1 —1 0 k I r 11, — � r ! fir. _ 1� e •L_ _ � -� •1 k �. z. ®1 , .fie{ ° Lr •. -•� !W r J _ 1 :�.� 1 r r •�. e e = �' •� � ' r r t 1 °y I II-- lz _ Y• Imo• -�, Y � �'�}� Y __ � i �:� , � i. � � {_~ � _ �.. L I L J 1 .` — 1 - e • ,� � � � � �� -� ..� _. Irk �,�•. - wiimommom Mime -- -_' • -- LindaYista,B.o.uIexar_d_'f • �'�� ® �r�e� � r�� k��Ik ., , r . •� � rFlr'��� ��� °�� •!b 1Ri'17 r _ 1 • ' - g � pe r - •• !� � •� - — •'1 !J� _... �j- ° '� �, °. • I. .x _ ° _ - �" .e - I 91, =� ..� ea r l- I• e = • - e j -' 'r - I f e� _ S _ � 1 _ r Lam _ Y — _ • ° i, .• b ° 'e. •. � � � .. � e �°� •• r •: '° ° ° • I •e '� �' � � . -., '1 fil c� � �' ��� --ems e � ' —�, ' , 4 - •• - 1 • n 1 1 � � " ° •`�, � !B •, °, . � • .., � . _ y - l e• • ' �. � f � M - I � I� ���, �, r �`". �' I � p �� �^ � pj� 9 '� � �'., ' 1 _ �: r ; '. 1 l i r e I I -', ' � _e �- - ... - ..� _ .':.,• f��d . '- .. .� • � 111 ' e I _ ti i I e 1 ! •. ° L • y :, �c ° c e .. l - `� w e T a �. 1 I ., F_ ., , •a � , r • 1 � �� _ �'� � k . i 1 r ! •. . M v l ' I . ~ •e ' -. - - ! el l.. "' 1 �. _ . R FY • ,rl'1 -L ! L 1. f 1. • • r . ° - e y 5 �, r' °�� . F y _ °�. e, ° . ai,•.. • ,..� � Oar: , ° ..• .. a �" a ° - k ". - ° •' L {� °•' � 1 1 1 • r — e e• ° 1 Ar l �e '�, � .4 �^ _ r ML a— I l L • v, _:� +, i � te Y � - -. ° e C �— 1 L. , 1 •• c e � ' I • • - —, e le � � I .: Y � � -. e � 1 °� ••- � ,', � °'' ' , � .. r 4 _�.. :r� °' � � �e' y— 1 ' I�._ ,� -_ �' • '�� � ~~ °. y N Source: Pima County GIS, March 2015 Ow 1 LEGEND F Alluvial Fans -19% Vegetative Cover F Riparian Areas - 36% Vegetative Cover F Slopes - 37% Vegetative Cover Jurisdictional Determined Washes • • Y' • r •r.�• r e--�. .�- r� e� e.�. a. a ere, , . {: b4%* s ,e ■ 1 ,• : : - - . ,-.,. _ �6 Project Site NOON.. Marana Town Limits : NONE : F Contour Interval: 2' B -26 Marana Regular Council Meeting 01 /19/2016 Page 198 of 303 Appendix B — Development Capability Report F. WILDLIFE A majority of the site is denuded and lacks aesthetic value. The open space planning for the development focused on integrating an existing wash and drainage corridor in both the northern and southern parcel to preserve existing wildlife connectivity within the study area. In a larger context, adjacent projects planned by Red Point Development have included a commitment to incorporate open space to maintain significant wildlife corridors in the vicinity of Linda Vista Village. The Tucson - Tortolita -Santa Catalina Mountains Linkage is a major wildlife corridor that is integrated into the open space network planned for Cascada. The open space and drainage corridor for Cascada was planned to maintain connectivity for this key wildlife corridor connecting the Tortolita Mountain to the Santa Cruz River and enhancing drainage in the area. In addition, previous planning and development along the Hardy Wash provided drainage solutions that enhanced a significant corridor proving wildlife connectivity south of Linda Vista Village. See Exhibit B: F.1 - Wildlife Corridors, p. B -29. According to the Arizona Game and Fish Department, the project site lies within a three (3) mile vicinity of proposed critical habitat of the Golden Eagle, Fulvous Whistling Duck, Cactus Ferruginous Pygmy -Owl, Sonoran Desert Tortoise, and the Cave Myotis. A 100% area coverage survey for the Sonoran Desert Tortoise completed by a qualified wildlife biologist is required thirty (30) days before grading with a copy of the survey sent to the Town prior to the issuance of a grading permit. See Table B: F.1 a - Species of Special Status, p. B -28, and Table B: F.1 b - Status Definitions, p. B -28, and Exhibit B: F.2 - Arizona Game and Fish Department Letter, p. B -30. Linda Vista Village at Cascada Specific Plan B -27 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 199 of 303 Appendix B — Development Capability Report TABLE B: F.1 A - SPECIES OF SPECIAL STATUS Scientific Name Common Name FSW USFS BLM State Aquila chrysaetos Golden Eagle BGA Federal US Status; S Bat Colony SC: Species of Concern The terms "Species of Concern" or "Species at Risk" should be considered as terms -of -art that describe the entire realm of taxa whose conservation status may be of concern to the US Fish and Wildlife Coyote- Ironwood - Tucson Linkage Design Wildlife Corridor Service, but neither term has official status (currently all former C2 species). Dendrocygna bicolor Fulvous Whistling -Duck SC warranted - but - precluded finding on a resubmitted petition by the code Glaucidium brasilianum cactorum Cactus Ferruginous Pygmy -owl SC S S WSC Gopherus morafkai Sonoran Desert Tortoise C* S S: Sensitive WSC Myotis velifer Cave Myotis SC of the Interior) S Tucson - Tortolita -Santa Catalina Mountains Linkage Design Wildlife Corridor Species whose occurrence in Arizona is or may be in jeopardy, or with (Wildlife of Special Concern in Special Concern known or perceived threats or population declines, as described by SOURCE: ARIZONA GAME AND FISH ON - LINE ENVIRONMENTAL REVIEW TOOL, OCTOBER 2014 TABLE B: F.1 B - STATUS DEFINITIONS Agency Status Definition FWS BGA: Bald and Prohibits take of bald and golden eagles without prior USFWS permit. (Fish and Wildlife Service, Golden Eagle Federal US Status; Protection Endangered Species Act, 1973 as amended) SC: Species of Concern The terms "Species of Concern" or "Species at Risk" should be considered as terms -of -art that describe the entire realm of taxa whose conservation status may be of concern to the US Fish and Wildlife Service, but neither term has official status (currently all former C2 species). C *: Candidate The Service identifies species for which they made a continued warranted - but - precluded finding on a resubmitted petition by the code "C' in the category column. This code was put into use starting in 2008. USFS (US Forest Service, US S: Sensitive Those taxa occurring on National Forests in Arizona which are Department of Agriculture) considered sensitive by the Regional Forester. BLM (US Bureau of Land S: Sensitive Those taxa occurring on BLM Field Office Lands in Arizona which are Management, US Department considered sensitive by the Arizona State Office. of the Interior) State - WSCA WCS: Wildlife of Species whose occurrence in Arizona is or may be in jeopardy, or with (Wildlife of Special Concern in Special Concern known or perceived threats or population declines, as described by Arizona, 1996 in prep, Arizona in Arizona the Arizona Game and Fish Department's listing of Wildlife of Special Game and Fish Department) Concern in Arizona (WSCA, in prep). Species indicated on printouts as WC are currently the same as those in Threatened Native Wildlife in Arizona (1988). SOURCE: WWW.AZGFD.COM, OCTOBER 2014 B -28 Marana Regular Council Meeting 01 /19/2016 Page 200 of 303 Appendix B — Development Capability Report San ta Cr Uz Ri ver W r� Source: Pima County GIS, February 2015; Cascada Specific Plan, 2006 LEGEND Tucson - Tortolita - Santa Catalina Mountains Linkage Coyote - Ironwood - Tucson Linkage I _ I Cascada /Cascada North Boundary FT Saguaro National Park F Natural Undisturbed Open Space ® Project Site F Open Space / Drainage F Town of Marana F Open Space / Recreation Linda Vista Village at Cascada Specific Plan B -29 Marana Regular Council Meeting 01 /19/2016 FORTH . �. 2 4 codas 1 V F Proposed Wildlife Linkage December 2015 Page 201 of 303 Exhibit B: F.1 - Wildlife Corridors Appendix B — Development Capability Report Exhibit B: F.2 - Arizona Game and Fish Department Letter Arizona Environmental Online Review Tool Report Arizona Game and Fish Department Mission To conserve Arizona's diverse wildlife resources and manage for safe, compatible outdoor recreation opportunities for current and future generations. Project Name: Linda Vista Village at Cascada Project Description: Specific Plan Project Type: Development Within Municipalities (Urban Growth), Commercial /industrial (mall) and associated infrastructure, New construction Contact Person: Stacey Weaks Organization: Norris Design On Behalf Of: None Selected Project ID: HGIS -01666 Please review the entire report for project type and /or species recommendations for the location information entered. Please retain a copy for future reference. Page 1 of 10 B -30 Marana Regular Council Meeting 01 /19/2016 Page 202 of 303 Appendix B — Development Capability Report Exhibit B: F.2 - Arizona Game and Fish Department Letter Arizona Game and Fish Department project_ report_ linda_ vista _village_c_14716_14935.pdf Project ID: HGIS -01666 Review Date: 6/23/2015 08:53:26 AM Disclaimer: 1. This Environmental Review is based on the project study area that was entered. The report must be updated if the project study area, location, or the type of project changes. 2. This is a preliminary environmental screening tool. It is not a substitute for the potential knowledge gained by having a biologist conduct a field survey of the project area. This review is also not intended to replace environmental consultation (including federal consultation under the Endangered Species Act), land use permitting, or the Departments review of site - specific projects. 3. The Departments Heritage Data Management System (HDMS) data is not intended to include potential distribution of special status species. Arizona is large and diverse with plants, animals, and environmental conditions that are ever changing. Consequently, many areas may contain species that biologists do not know about or species previously noted in a particular area may no longer occur there. HDMS data contains information about species occurrences that have actually been reported to the Department. Not all of Arizona has been surveyed for special status species, and surveys that have been conducted have varied greatly in scope and intensity. Such surveys may reveal previously undocumented population of species of special concern. 4. HabiMap Arizona data, specifically Species of Greatest Conservation Need (SGCN) under our State Wildlife Action Plan (SWAP) and Species of Economic and Recreational Importance (SERI), represent potential species distribution models for the State of Arizona which are subject to ongoing change, modification and refinement. The status of a wildlife resource can change quickly, and the availability of new data will necessitate a refined assessment. Locations Accuracy Disclaimer: Project locations are assumed to be both precise and accurate for the purposes of environmental review. The creator /owner of the Project Review Report is solely responsible for the project location and thus the correctness of the Project Review Report content. Page 2 of 10 Linda Vista Village at Cascada Specific Plan B -31 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 203 of 303 Appendix B — Development Capability Report Exhibit B: F.2 - Arizona Game and Fish Department Letter Arizona Game and Fish Department project_ report_ linda_ vista _village_c_14716_14935.pdf Project ID: HGIS -01666 Review Date: 6/23/2015 08:53:26 AM Recommendations Disclaimer: 1. The Department is interested in the conservation of all fish and wildlife resources, including those species listed in this report and those that may have not been documented within the project vicinity as well as other game and nongame wildlife. 2. Recommendations have been made by the Department, under authority of Arizona Revised Statutes Title 5 (Amusements and Sports), 17 (Game and Fish), and 28 (Transportation). 3. Potential impacts to fish and wildlife resources may be minimized or avoided by the recommendations generated from information submitted for your proposed project. These recommendations are preliminary in scope, designed to provide early considerations on all species of wildlife. 4. Making this information directly available does not substitute for the Department's review of project proposals, and should not decrease our opportunity to review and evaluate additional project information and /or new project proposals. 5. Further coordination with the Department requires the submittal of this Environmental Review Report with a cover letter and project plans or documentation that includes project narrative, acreage to be impacted, how construction or project activity(s) are to be accomplished, and project locality information (including site map). Once AGFD had received the information, please allow 30 days for completion of project reviews. Send requests to: Project Evaluation Program, Habitat Branch Arizona Game and Fish Department 5000 West Carefree Highway Phoenix, Arizona 85086 -5000 Phone Number: (623) 236 -7600 Fax Number: (623) 236 -7366 Or PEPCazafd.aov 6. Coordination may also be necessary under the National Environmental Policy Act (NEPA) and /or Endangered Species Act (ESA). Site specific recommendations may be proposed during further NEPA /ESA analysis or through coordination with affected agencies Page 3 of 10 B -32 Marana Regular Council Meeting 01 /19/2016 Page 204 of 303 Appendix B — Development Capabilit Report Exhibit B: F.2 - Arizona Game and Fish Department Letter Arizona Game and Fish Department project—report—linda — vista — village—c — 14716 — 14935.pdf Project ID: HGIS-01666 Review Date: 6/23/2015 08:53:26 AM [3 P F0.1 ri d a, ry Lj BUffned Project BouMar Leib m 1 13 0) �-2 .37 1 &j4 i MY(S) PrMs AG F[) Rq j- I u c*o n T&Mlr� h I pe R,;5 O a � &? T 1.2 S. 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UvAwtv IWV* r -kh Jww, Fwl e� 4&" "1, mmon Mmprr 0 � Qwtrnamm m d i-w i� 9 -.am r"rMMffft Pa 6 of 10 Linda Vista Villa at Cascada Specific Plan B-35 December 2015 Marana Re Council Meetin 01 /19/2016 Pa 207 of 303 Appendix B — Development Capability Report Exhibit B: F.2 - Arizona Game and Fish Department Letter Arizona Game and Fish Department project_ report_ linda_ vista _village_c_14716_14935.pdf Project ID: HGIS -01666 Review Date: 6/23/2015 08:53:26 AM Special Status Species and Special Areas Documented Scientific Name Common Name Antilocapra americana sonoriensis 10J area for Sonoran Pronghorn Aquila chrysaetos Golden Eagle Bat Colony Canis lupus baileyi 10J area Zone 2 for Mexican gray within 3 Miles of Project Vicinity FWS USFS BLM NPL LE,XN BGA S LE,XN SGCN 1B SC wolf Coyote - Ironwood - Tucson Linkage Wildlife Corridor Design FWS Dendrocygna bicolor Fulvous Whistling -Duck Glaucidium brasilianum cactorum Cactus Ferruginous Pygmy -owl Gopherus morafkai Sonoran Desert Tortoise Myotis velifer Cave Myotis Opuntia versicolor Stag -horn Cholla Tucson - Tortolita - Santa Catalina Wildlife Corridor Mountains Linkage Design Sonoran Green Toad Tumamoca macdougalii Tumamoc Globeberry 1B SC Scientific Name Common Name M = FWS Sc S S Wood Duck 1B C* S Ammospermophilus harrisii Harris' Antelope Squirrel 1A Sc 1 B S Sonoran Green Toad 1B S 1 B Anthus spragueii SR C* S S SR Note: Status code definitions can be found at http: / /www.azafd.aov /w c/ edits /hdms_status_ definitions.shtml Species of Greatest Conservation Need Predicted within Project Vicinity based on Predicted Range Models Scientific Name Common Name M = FWS USFS BLM NPL SGCN Aix sponsa Wood Duck 1 B Ammospermophilus harrisii Harris' Antelope Squirrel 1 B Anaxyrus retiformis Sonoran Green Toad S 1 B Anthus spragueii Sprague's Pipit C* 1A Antrostomus ridgwayi Buff - collared Nightjar S 1B Aquila chrysaetos Golden Eagle BGA S 1B Aspidoscelis stictogramma Giant Spotted Whiptail SC S 1 B Athene cunicularia hypugaea Western Burrowing Owl SC S S 1 B Botaurus lentiginosus American Bittern 1 B Buteo regalis Ferruginous Hawk SC S 1 B Chilomeniscus stramineus Variable Sandsnake 1 B Chionactis occipitalis klauberi Tucson Shovel -nosed Snake SC 1A Colaptes chrysoides Gilded Flicker S 1B Coluber bilineatus Sonoran Whipsnake 1 B Corynorhinus townsendii pallescens Pale Townsend's Big -eared Bat SC S S 1 B Crotalus tigris Tiger Rattlesnake 1 B Crotaphytus nebrius Sonoran Collared Lizard 1 B Cynanthus latirostris Broad - billed Hummingbird S 1B Cyprinodon macularius Desert Pupfish LE 1A Dipodomys spectabilis Banner - tailed Kangaroo Rat S 1 B Page 7of10 B -36 Marana Regular Council Meeting 01 /19/2016 Page 208 of 303 Appendix B — Development Capability Report Exhibit B: F.2 - Arizona Game and Fish Department Letter Arizona Game and Fish Department project_ report_ linda_ vista _village_c_14716_14935.pdf Project ID: HGIS -01666 Review Date: 6/23/2015 08:53:26 AM Species of Greatest Conservation Need Predicted within Project Vicinity based on Predicted Range Models Scientific Name Common Name FWS USFSM NPL SGCN Euderma maculatum Spotted Bat SC S S 1 B Eumops perotis californicus Greater Western Bonneted Bat Sc S 1 B Falco peregrinus anatum American Peregrine Falcon Sc S S 1A Glaucidium brasilianum cactorum Cactus Ferruginous Pygmy -owl SC S S 1 B Gopherus morafkai Sonoran Desert Tortoise C* S 1A Haliaeetus leucocephalus Bald Eagle SC, S S 1A BGA Heloderma suspectum Gila Monster 1A Hypsiglena sp. nov. Hooded Nightsnake 1B Incilius alvarius Sonoran Desert Toad 1 B Kinosternon sonoriense sonoriense Desert Mud Turtle S 1 B Lasiurus blossevillii Western Red Bat S 1 B Lasiurus xanthinus Western Yellow Bat S 1 B Leopardus pardalis Ocelot LE 1A Leptonycteris curasoae Lesser Long -nosed Bat LE 1A yerbabuenae Lepus alleni Antelope Jackrabbit 1 B Lithobates yavapaiensis Lowland Leopard Frog SC S S 1A Macrotus californicus California Leaf -nosed Bat Sc S 1 B Melanerpes uropygialis Gila Woodpecker 1 B Meleagris gallopavo mexicana Gould's Turkey S 1 B Melospiza lincolnii Lincoln's Sparrow 1 B Melozone aberti Abert's Towhee S 1 B Micruroides euryxanthus Sonoran Coralsnake 1 B Myotis occultus Arizona Myotis SC S 1 B Myotis velifer Cave Myotis Sc S 1 B Myotis yumanensis Yuma Myotis Sc 1 B Nyctinomops femorosaccus Pocketed Free - tailed Bat 1 B Panthera onca Jaguar LE IA Passerculus sandwichensis Savannah Sparrow 1 B Perognathus amplus Arizona Pocket Mouse 1 B Perognathus longimembris Little Pocket Mouse 1 B Peucaea botterii arizonae Arizona Botteri's Sparrow S 1 B Peucaea carpalis Rufous - winged Sparrow 1 B Phrynosoma solare Regal Horned Lizard 1 B Phyllorhynchus browni Saddled Leaf -nosed Snake 1 B Poeciliopsis occidentalis Gila Topminnow LE 1A occidentalis Progne subis hesperia Desert Purple Martin S 1 B Page 8 of 10 Linda Vista Village at Cascada Specific Plan B -37 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 209 of 303 Appendix B — Development Capability Report Exhibit B : F.2 - Arizona Game and Fish Department Letter Arizona Game and Fish Department project_ report_ linda_ vista _village_c_14716_14935.pdf Project ID: HGIS -01666 Review Date: 6/23/2015 08:53:26 AM Species of Greatest Conservation Need Predicted within Project Vicinity based on Predicted Range Models Scientific Name Common Name FWS USFSM NPL SGCN Setophaga petechia Yellow Warbler 1 B Sonorella papagorum Black Mountain Talussnail 1B Tadarida brasiliensis Brazilian Free - tailed Bat 1B Troglodytes pacificus Pacific Wren 1 B Vireo bellii arizonae Arizona Bell's Vireo 1 B Vulpes macrotis Kit Fox 1 B Species of Economic and Recreation Importance Predicted within Project Vicinity Scientific Name IF Common Name M � USFSTBLM NPL SGCN Callipepla gambelii Gambel's Quail Odocoileus hemionus Mule Deer Pecan tajacu Javelina Puma concolor Mountain Lion Zenaida asiatica White- winged Dove Project Type: Development Within Municipalities (Urban Growth), Commercial /industrial (mall) and associated infrastructure, New construction Project Type Recommendations: Minimization and mitigation of impacts to wildlife and fish species due to changes in water quality, quantity, chemistry, temperature, and alteration to flow regimes (timing, magnitude, duration, and frequency of floods) should be evaluated. Minimize impacts to springs, in- stream flow, and consider irrigation improvements to decrease water use. If dredging is a project component, consider timing of the project in order to minimize impacts to spawning fish and other aquatic species (include spawning seasons), and to reduce spread of exotic invasive species. We recommend early direct coordination with Project Evaluation Program for projects that could impact water resources, wetlands, streams, springs, and /or riparian habitats. Based on the project type entered, coordination with Arizona Department of Water Resources may be required ( http:// www. azwater .aov /azdwr /default.aspx The Department requests further coordination to provide project/species specific recommendations, please contact Project Evaluation Program directly. PEPgazaf�d.aQvv Project Location and /or Species Recommendations: HDMS records indicate that one or more native plants listed on the Arizona Native Plant Law and Antiquities Act have been documented within the vicinity of your project area. Please contact: Arizona Department of Agriculture 1688 W Adams St. Phoenix, AZ 85007 Phone: 602.542.4373 https: / /agriculture.az.gov /environmental- services /np1 Page 9 of 10 B -38 Marana Regular Council Meeting 01 /19/2016 Page 210 of 303 Appendix B — Development Capability Report Exhibit B: F.2 - Arizona Game and Fish Department Letter Arizona Game and Fish Department project_report_linda_vista_viI lag e_c_14716_14935.pdf Project ID: HGIS -01666 Review Date: 6/23/2015 08:53:26 AM HDMS records indicate that one or more listed, proposed, or candidate species or Critical Habitat (Designated or Proposed) have been documented in the vicinity of your project. The Endangered Species Act (ESA) gives the US Fish and Wildlife Service ( USFWS) regulatory authority over all federally listed species. Please contact USFWS Ecological Services Offices at http: / /www.fws.gov /southwest /es /arizona/ or: Phoenix Main Office Tucson Sub - Office Flagstaff Sub - Office 2321 W. Royal Palm Rd, Suite 103 201 N. Bonita Suite 141 SW Forest Science Complex Phoenix, AZ 85021 Tucson, AZ 85745 2500 S. Pine Knoll Dr. Phone: 602 - 242 -0210 Phone: 520 - 670 -6144 Flagstaff, AZ 86001 Fax: 602 - 242 -2513 Fax: 520 - 670 -6155 Phone: 928 - 556 -2157 Fax: 928 - 556 -2121 HDMS records indicate that Sonoran Desert Tortoise have been documented within the vicinity of your project area. Please review the Tortoise Handling Guidelines found at: http:// www. azgfd. gov/hqis/ pdfs /Tortoisehandlingguidelines.pdf Analysis indicates that your project is located in the vicinity of an identified wildlife habitat linkage corridor. Project planning and implementation efforts should focus on maintaining adequate opportunities for wildlife permeability. For information pertaining to the linkage assessment and wildlife species that may be affected, please refer to: http:// www.corridordesign.org /arizona Please contact your local Arizona Game and Fish Department Regional Office for specific project recommendations: http : / /www.azgfd.gov /inside_azg�ency directory.shtml Page 10 of 10 Linda Vista Village at Cascada Specific Plan B -39 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 211 of 303 Appendix B — Development Capability Report G. SOILS &GEOLOGY The project site is comprised of multiple soil types. See Exhibit B: G.1 - Soils Map, p. B -41. The predominant soil types found within the project site are Group A, Group B, and Group C. Group A: (low runoff potential). Soils having high infiltration rates even when thoroughly wetted and consisting chiefly of deep, well to excessively well drainage sands or gravels. These soils have a high rate of water transmission. Group B: Soils have moderate infiltration rates when thoroughly wetted, consisting chiefly of soils of moderately deep to deep, moderately well to well drained soils with moderately fine to moderately coarse textures. These soils have a moderate rate of water transmission. Group C: Soils having slow infiltration rates when thoroughly wetted, consisting chiefly of soils with a layer that impedes the downward movement of water, or soils with moderately fine to fine texture and a slow infiltration rate. These soils have a slow rate of water transmission. H. VIEWSHEDS 1. Viewsheds into &Across the Site The Linda Vista Village site is generally flat, consisting of gently sloping topography towards the southwest. The entire property features panoramic views of some of Southern Arizona's major mountain ranges; most significant are views of the Santa Catalina Mountains, east and northeast of the site, and views of the Tucson Mountains, west and southwest of the site. These prominent vistas are further complemented by views of the Tortolita Mountains to the north, Rincon Mountains to the southeast, and the distant Santa Rita Mountains to the south. See Exhibit B: H.1 - Views from /into the Site, p. B -42. 2. Areas of High Visibility from Adjacent Off-site Locations The site is highly visible due to the relatively flat topography and undeveloped nature of its surroundings. The property can be seen from Interstate 10, however development plans for property west of the site might hinder some of these views in the future. 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IMERIEF -M EF -ka* ka k� k� ka� ■r^' " � . , a " I I T1 1 1 E 1 2 DO Source: Pima County GIS, June 2015 0 ,00 1 LEGEND F Soil Group A F Soil Group B Jurisdictional Determined Washes Project Site F Soil Group C : Marana Town Limits ■ ■ ■ ■ ■ ■ F Soil Group C / D F Contour Interval: 2' Linda Vista Village at Cascada Specific Plan Marana Regular Council Meeting 01 /19/2016 OMAN S AL E _ I M = 600' December 2015 Page 213 of 303 Appendix B — Development Capability Report Exhibit B: H.1 - Views from /into the Site r NO ° r '' � �" - ' i' ,� I 4 , 1 �f�• f •�.:.. — =. � - - _ •I r: '� L `� � _., L� . � .� 1� •�:_- ° _ 1 �•® 1 1 1 °� •, °4 a �, - ° y • {� 1 . " _ kJxr 1 ri P" : y � a IN— N i • . un� 1 _. 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P te.• _ it 3 ,• 1 4 1 : N O 1 1 I y 1��� 5 aigr� �' RTH n Source: Pima County GIS, March 2015 LEGEND /* Views Project Site ■ ■ ■ ■' Marana Town Limits ■■ ■ ■■■ F Contour Interval: 2' B -42 Marana Regular Council Meeting 01 /19/2016 Page 214 of 303 SCALE_ Im = 600' Appendix B — Development Capability Report Exhibit B: H.1 - Views from /into the Site aNNIO - - r 1 F 1 i © View looking west along Linda Vista Boulevard from property's eastern boundary. © View looking east along Linda Vista Boulevard from property's western boundary. Linda Vista Village at Cascada Specific Plan B -43 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 215 of 303 O View looking north along property's western boundary from Linda Vista Boulevard. O View looking north along property's eastern boundary from Linda Vista Boulevard. 0 View looking south from property's northwest corner. © View looking southeast from property's northwest corner. Appendix B — Development Capability Report Exhibit B: H.1 - Views from /into the Site corner. corner. corner. B -44 Marana Regular Council Meeting 01 /19/2016 Page 216 of 303 Q View looking northwest from property's southeast O View looking southwest from property's northwest 0 View looking west from property's southeast corner. ( 0 View looking southwest from property's southeast Appendix B — Development Capability Report I. TRAFFIC The subject property is located east of the Twin Peaks Road /Linda Vista Boulevard intersection in the Town of Marana. It is adjacent to the Marana Center location on the southeast quadrant of the 1 -10 /Twin Peaks Road traffic interchange. Twin Peaks Road serves as a major transportation corridor linking 1 -10 -to the Dove Mountain area, north of Tangerine Road. Linda Vista Boulevard is a minor arterial providing access from residential areas in Marana, Oro Valley and Pima County to 1 -10. 1. Existing /Proposed Off-site Streets between the Development &Nearest Arterial Streets There are no proposed off -site streets between the development and nearest arterials. 2. Arterial Streets within 1 Mile of the Project Site Linda Vista Boulevard is an urban arterial with a posted speed limit of 45 mph. It has four lanes from Twin Peaks Road to about a 1/2 mile east with a raised median. It then transitions to a two- lane undivided roadway. It continues east about three (3) miles to its terminus east of Thornydale Road. In the vicinity of the project, it has unpaved shoulders, although within the four -lane section, there is a ten (10) foot paved shoulder. It is designated on the Tucson Bike Map as a Key Connecting Street. Its theoretical LOS E capacity is 32,900 vehicles per day (vpd) on its 4 -lane section and 15,600 vpd along its 2 -lane section. Twin Peaks Road is a six -lane urban arterial from 1 -10 to Linda Vista Boulevard. North of Linda Vista Boulevard it transitions to a four -lane urban arterial. It has a posted speed limit of 45 mph. There are paved shoulders in the vicinity of the bike lane. It is designated on the Tucson Bike Map as a Bike Route with Striped Shoulders. It is an important north -south corridor providing access for commuter traffic from the Dove Mountain area to 1 -10. Its theoretical LOS E capacity is 49,300 vehicles per day (vpd) on its 6 -lane section and 32,900 vpd along its 4 -lane section. The following information is provided for Linda Vista Boulevard and Twin Peaks Road: a. Existing and proposed right -of -way widths. The existing Linda Vista Boulevard right -of -way adjacent to the project is 150 feet. Just east of the project boundary, the right -of -way is within Pima County and is non - continuous with a width varying between 70 feet and 112 feet. The existing right -of -way on Twin Peaks Road varies between 147 feet and 164 feet north and south of Linda Vista Boulevard, respectively. b. Whether or not said widths conform to minimum requirements. A 150 foot right -of -way for Linda Vista Boulevard conforms to minimum Town of Marana requirements. c. Ownership West of Hartman Lane and adjacent to the project site, Linda Vista Boulevard is under the Town of Marana's jurisdiction while east of Hartman Lane it is under the jurisdiction of Pima Linda Vista Village at Cascada Specific Plan B -45 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 217 of 303 Appendix B — Development Capability Report County; Linda Vista Boulevard is maintained by Pima County through an intergovernmental agreement. Twin Peaks Road is owned and maintained by the Town of Marana. e. Number of travel lanes and theoretical capacity and posted speed for existing roads. See Table B: 1.1 - Nearest Arterial Streets, this page. f. Current average daily traffic volumes for existing streets. See Table B: 1.1 - Nearest Arterial Streets, this page. g. Proposed roadway improvements to be provided by the applicant. Road improvements are proposed for the segment of Linda Vista Boulevard flanked by property designated as part of this Specific Plan. Improvements include widening said portion of Linda Vista Boulevard to a four -lane divided cross section with adjacent bicycle lanes and detached sidewalks. Improvements are encouraged to expand beyond the Linda Vista Village property boundary for potential connections to existing bicycle routes and pedestrian ways. TABLE B: 1.1 - NEAREST ARTERIAL STREETS Roadway Segment Lanes Recorded Recorded 2014 LOS E Speed Bike Sidewalks ADT Year ADT ADT* Threshold ** Limit Route * ** Twin Peaks Road: 1 -10 to 6 2013 17,697 18,582 49,300 45 BRSS Yes Linda Vista Boulevard Twin Peaks Road: Linda 4 2013 13,336 14,003 32,900 45 BRSS, Yes Vista Boulevard to Oasis SUP Road Linda Vista Boulevard: 4 2013 5 5 32 45 KCS No Twin Peaks Road to Project Area Linda Vista Boulevard: 2 2013 5 5 15 45 KCS No Project Area to Hartman Lane Hartman Lane: South of 2 2014 2,916 5,600 15,600 35 KCS No Linda Vista Boulevard 1 -10 Avra Valley Road to 6 2014 76 77 N/A 75 KCS No Twin Peaks Road (Frontage Roads) ASSUMED 5% / YEAR GROWTH, EXCEPT FOR 1 YEAR GROWTH) ** SOURCE: TOWN OF MARANA. ADOT DOES NOT RECOGNIZE DAILY LEVEL OF SERVICE `DESIGNATIONS FROM TUCSON BIKE MAP. BRSS = BIKE ROUTE WITH STRIPED SHOULDERS; SUP= KEY CONNECTING STREET NOTE: RECORDED DATA FROM MARANA CENTER TIA, PIMA COUNTY DOT OR ADOT B -46 Marana Regular Council Meeting 01 /19/2016 Page 218 of 303 Appendix B — Development Capability Report 3. Existing /Proposed Intersections on Arterials within 1 Mile of the Site Existing intersections on arterials within one (1) mile of the site include the signaled intersection of Linda Vista Boulevard and Twin Peaks Road, located approximately 1/2 mile west of the site. Proposed within this Specific Plan is an internal collector roadway that will include a signalized intersection with Linda Vista Boulevard. 4. Existing Bicycle /Pedestrian Ways Adjacent to the Site Refer to Section I. Recreation and Trails, and Exhibit B: J.1: Trails, Parks &Recreation Areas, P. B -49 for locations of existing bicycle routes, pedestrian ways, parks and schools within a one (1) mile radius. Linda Vista Village at Cascada Specific Plan B -47 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 219 of 303 Appendix B — Development Capability Report J. RECREATION &TRAILS 1. Description of Trails, Parks, and Recreation Areas within 1 Mile of the Site Multiple trails, a portion of the Santa Cruz River Park, and the Quarry Pines Golf Club lie within a one (1) mile radius of the Linda Vista Village site. There is also a proposed regional park, part of the Cascada Specific Plan, approximately 3/4 miles west of the site. See Exhibit B: J.1 - Trails, Parks &Recreation Areas, p. B -49. a. Trails: Most major trails within one (1) mile of the site are shared -use paths following major road alignments and significant natural features. North of the site, a hard surfaced, shared - use path parallels the north side of Twin Peaks Road, offering access to Tangerine Road and Dove Mountain. Opportunities to connect with the Scottie's Loop Trail, located to the northeast of the property, will be explored. b. Santa Cruz River Park: Southwest of the site are additional shared -use paths belonging to the Santa Cruz River Park. A combination of asphalt and gravel paths on both sides of the river, this scenic and recreational route stretches approximately 9.5 miles connecting small parks and other amenities located near the river. The Park also features opportunities for bicycles as both sides of the river between Grant Road and 29th Street are paved, while from Grant Street north the trail is paved on the west side only. c. Bicycle Routes Striped - shoulder bicycle routes are present along most major road segments, such as Twin Peaks Road, however the primary road through the site, Linda Vista Boulevard and nearby Hartman Lane, do not include a striped - shoulder bicycle lane. d. Quarry Pines Golf Club There is one (1) golf course within one (1) mile of Linda Vista Village. The Quarry Pines Golf Club, is located southwest of the site and west of the Interstate on a reclaimed quarry within the Continental Ranch master planned community. K. CULTURAL, ARCHAEOLOGICAL, &HISTORICAL RESOURCES Included under separate cover. B -48 Marana Regular Council Meeting 01 /19/2016 Page 220 of 303 Appendix B — Development Capability Report Exhibit B: J.1 - Trails, Parks, & Recreation Areas 0 -�% E � 3 - Cascada North- � z District Park d� �L%9 d a Cascada S F' %%% %L r �£ District Park Qe� y 1 Linda Vista Blvd a5 R I Linda Vista Village r , at Cascada �- - - - - -- ae � � 2 9 �r �L d r N. '� Quarry Pines, { Golf Club � X � / b �. do 9% 96, am Arthur Pack Regional Park L r M I I r � 1 I l 1 Source: Pima County GIS, February 2015 LEGEND % ti F N6 { r N. ro %6 J� J7 r Be ti NOPTH 2 rmies SCA L E. - I'' I mile 0 Existing Park Shared -use Path F Proposed Park Scottie's Loop Trail F Golf Course J Bicycle Route Project Site F Cascada Specific Plan — Striped - Shoulder Bicycle Route F Town of Marana F Cascada North Specific Plan Linda Vista Village at Cascada Specific Plan B -49 Marana Regular Council Meeting 01 /19/2016 December 2015 Page 221 of 303 Appendix B — Development Capability Report L. EXISTING INFRASTRUCTURE &PUBLIC FACILITIES 1. Water Marana Water will provide water service for the site. Currently, the closest Town of Marana Municipal Water system facilities are located to the east and west of the Linda Vista Village at Cascada site. These facilities consist of an existing "Y" Zone well at the northeast corner of the Twin Peaks /1 -10 traffic interchange, floating 1.1 million gallon "Y" Zone reservoirs connected to a 12 inch "Y" Zone main. Next to the "Y" Zone reservoir there is a "Z" Zone booster station both of which are located at the southwest corner of Hartman Lane and Linda Vista Boulevard. The Town of Marana operates an existing well on the western side of 1 -10 that serves an adjacent commercial development. This well is known as the Pioneer well, has a capacity of 35 gpm and is currently not connected to the system serving the Cascada Development. Per the Town of Marana 2010 Potable Water Master Plan, this 0.7 acre site will be equipped with a high capacity production well, forebay storage reservoir and Y Zone booster station serving the project. There is also an existing 16 inch "Z" main extending from the booster west through Linda Vista Boulevard to serve the Oasis Hills project. Further, there is a 24 inch "Y" Zone main extending west under 1 -10. See Exhibit B: L.1 - Water Facilities, p. B -51. 2. Sewer Pima County will provide sewer service for the site. Currently, the only existing public gravity sewer system adjacent to the Linda Vista Village is the Oasis Hills Outfall Sewer (Plan No. G- 2003 -054). The outfall sewer main serves the Oasis Hills and Oasis Hills II Subdivisions directly north of this Specific Plan area. The sewer alignment runs south along the west property line to Linda Vista Boulevard, where it turns to the west and proceeds through the adjacent developments before connecting with the Dove Mountain Off -Site Sewer (Plan No. G- 2000 -048) and proceeding under 1 -10. The Marana Center Public Sewer Phase I (Plan No. G- 2014 -037) is currently under construction and is anticipated to be completed before development of this project takes place. The new alignment will run adjacent to the Specific Plan area for the southern 750 feet along the west property line. The Marana Center Public Sewer Phase I turns west at the southwest corner of this development and proceeds west, where it connects into the existing Oasis Hills Outfall Sewer (Plan No. G- 2003 -054). The existing Oasis Hills Outfall Sewer has been designed to provide gravity sewer for the eastern portions of the Cascada Specific Plan area, along with parcels directly east of the Cascada development area. This Specific Plan area and the Marana Center Public Sewer Phase I fall within the basin area as planned with the Oasis Hills Outfall Sewer. See Exhibit B: L.2 - Existing Sewer Service, p. B -52. B -50 Marana Regular Council Meeting 01 /19/2016 Page 222 of 303 Appendix B — Development Capability Report Exhibit B: L.1 -Water Facilities Source: Presidio Engineering, Inc. December 2014 \s, y v _ a Exist. 8" Z Zone Exist. 16" 'T' Zone Watermain Plan No. M Watermain Plan No', EN - 4- - - � G 050 009 ENG 0301 004 .:� 0. ti ti� may. •�• y1� • 4 x Exist. 16" 'T Zone ` . �' Watermain Plan No. s ENG- 0301 -004 L . L _�� Linda Vista Boulevard, tR -°� -�� � �_� _ �� •� r -lam i� � � a II 1 Exist. 12" "Y "Zone P - �• f Watermain Plan No. �9 M . G 15/22/23- O1O2WA r ' . L L , re ,. �• �% ' LEGEND Exist. Town of Marana "Z" Zone Watermain Exist. Town of Marana "Y" Zone Watermain Marana Water Zone Boundary r� I r] I 0 3'' 6M 120 SCAL F _ ' ❑ Town of Marana Water Service Area F Town of Marana Intended Water Service Area —, Project Site Linda Vista Village at Cascada Specific Plan B -51 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 223 of 303 Appendix B — Development Capability Report Exhibit B: L.2 - Existing Sewer Service r G � S .•r Exist. 8" Public Sewer Exist. P Public st. 8 ub c a Plan No. f Plan No. G- 2005 -042 G- 2009 -035 — Exist. 8" Public Sewer Plan No. G- 2003 -054 B r 1 Linda Vista Boulevard '1 e I i I� Proposed 8" Public Sewer �- Per Plan No. G- 2014 -037 (under construction) Source: Presidio Engineering, Inc. December 2014 LEGEND Exist. Public Sewer .. Manhole Proposed Public Sewer I I Project Site Exist. 8" Public Sewer ; r Plan No. G- 2001 -079 r 1 I #a —' I ' 1 ' S CA L i " _ 600' B -52 Marana Regular Council Meeting 01 /19/2016 Page 224 of 303 M 4L Qb I � 1 I e I i I� Proposed 8" Public Sewer �- Per Plan No. G- 2014 -037 (under construction) Source: Presidio Engineering, Inc. December 2014 LEGEND Exist. Public Sewer .. Manhole Proposed Public Sewer I I Project Site Exist. 8" Public Sewer ; r Plan No. G- 2001 -079 r 1 I #a —' I ' 1 ' S CA L i " _ 600' B -52 Marana Regular Council Meeting 01 /19/2016 Page 224 of 303 Appendix B — Development Capability Report 3. Schools& Libraries The site is located within the Marana Unified School District. There is one (1) school located within a one (1) mile radius of the project boundary, Coyote Trail Elementary School. There are no libraries within a one (1) mile radius of the project boundary. See Exhibit B: L.3: Public Facilities within 1 Mile Radius, p. B -54. 4. Police, Fire & Emergency Services The site falls within the Northwest Fire District. Currently there are no police or emergency services within one (1) mile of the site. Police and fire stations are located northwest of the site at the Town of Marana Municipal Complex, with additional fire stations located to the southeast and southwest. A fire station is proposed within a one (1) mile radius of the site, approximately 1/4 mile south of the Linda Vista Boulevard / Twin Peaks Road intersection. See Exhibit B: L.3 Public Facilities with 1 Mile Radius, p. B -54. 5. Solid Waste Disposal &Recycling Waste disposal and recycling will be provided by private companies. 6. Other Utilities a. Existing Power Currently, the site is located within the service area of Tucson Electric Power (TEP). TEP has a 3 -Phase overhead electric line located in Linda Vista Boulevard, on the south side of the roadway. Additionally, there is a Single Phase overhead electric line at the southern boundary of the Specific Plan. See Exhibit B: L.4 - Other Utilities, p. B -55, for the locations of these lines. b. Existing Gas Currently, Southwest Gas Corporation has an existing 4 inch natural gas main located in Linda Vista Boulevard, on the north side of the roadway. See Exhibit B: L.4 - Other Utilities, p. B -55, for the location of this line. c. Existing Communications CenturyLink currently provides service to the 130 Oasis Hills and Oasis Hills II residential lots located directly north of the Specific Plan area. Further, CenturyLink has planned on providing communication services to the 430 lots of the planned Cascada Village I, which is located northwest of the Specific Plan area, in the Cascada Specific Plan. d. Existing Cable The site is located within the Comcast service area. Linda Vista Village at Cascada Specific Plan B -53 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 225 of 303 Appendix B — Development Capability Report Exhibit B: L.3 - Public Facilities within 1 Mile Radius 9 u r Y , �„�'1 �- I — Y 1 ° ��! ! r r e _ 1 _ Ir n I • Ir 0. Y Y. /� �C) ` • gi p • �..� Y � I Q � e Y •E E -x Proposed ll 1 u • Station ' Linda Vista Blvd P� A "_ L A ■ r _ I e • I F5 Ai - ° Degrazia Elementary T f a ,s d J r� , r °^ i , &LILL • n Station 38 i F Cortaro Farms Rd . R im. _ • Station 34 _ 4 — Coyote Trail Elementary e NTH Source: Pima County GIS, February 2015 0 0.25 015 1 LEGEND CE 1 0_ School _ J Project Site Fire Station F Town of Marana B -54 Marana Regular Council Meeting 01 /19/2016 Page 226 of 303 Appendix B — Development Capability Report Exhibit B: LA - Other Utilities r' o ,arB A a A I Exist. 4" Gas Main Linda Vista Boulevard - - - - - Exist. 3 -Phase Overhead Electric Line � I q I I ,I I �I I II A y� f Source: Presidio Engineering, Inc. December 2014 LEGEND i Gas Main Overhead Electric Line Exist. Single -Phase Overhead Electric Line 0 30 1 r I Ll I NO-PT 1 1 2 S CA! L i „ 600' Project Site Linda Vista Village at Cascada Specific Plan Marana Regular Council Meeting 01 /19/2016 B -55 December 2015 Page 227 of 303 Appendix B — Development Capability Report M. COMPOSITE CONSTRAINTS (MCHARG) MAP A composite map depicting the site's Topography, Hydrology, and Vegetation, is shown in Exhibit B: M.1, Composite Constraints Map, p. B -57 There is no significant wildlife habitat on site. B -56 Marana Regular Council Meeting 01 /19/2016 Page 228 of 303 Appendix B — Development Capability Report Exhibit B: M.1 - Composite Constraints Map s ■ A W ■ JJJ_i Li • ALA �. �� —.. '� •, Try s�1i• �r °. � � J _ r — 0 1•n f • ' nI , y of .� � i Linda Vista Boulevard ■ mom ■ rim9l6im- .I r 11 , " A • r _.. % r . . e:r,• •..• e . ■ - �,. y ■ _ - •'I � � ■ ■ ! ®iJ �.F"fEi -�� [�`i1�146•�- - e . ,. '.. i . .� 'L I - mss • 'r f f tx ° r e t r••��r` 1 PI C? VNI • - ° An 0. .. -.. a r � ,. �� � �: — F `d ,1 � A f t � � •� a .. ,_, _. - � • s.. • • ° �• � M L �'.. � 1 J I _�` � : � L � s Ir A ' If � ' • •• �_ A � .�"`— 5 '! a �, °•• • 't _ I •: r 1 �_ .. I � •. a •- ._ — • r `'rte _ ,. T ' _�• f 8 • . • • . A 1 C _ • - 7 • ° � � " ° _ If 0. e. ` .. Source: Pima County GIS, February 2015 dal' LEGEND CA L E- �_. � 1' =.. ���' Significant Cacti (Saguaro) 0 Slopes >_ 15% F Alluvial Fans -19% Vegetative Cover FEMA Floodplain Project Site F Riparian Habitat - 36% Vegetative Cover Jurisdictional Determined Washes 'A,;,' Marana Town Limits F Slopes - 37% Vegetative Cover Areas of High Visibility F Contour Interval: 2' Linda Vista Village at Cascada Specific Plan B -57 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 229 of 303 Appendix C —Legal Description APPENDIX C —LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS: PARCEL NO. 1: That portion of Section 22, Township 12 South, Range 12 East, Gila & Salt River Base and Meridian, Pima County, Arizona, described as follows: Commencing at the Northeast corner of said Section, from which the East quarter corner of said Section bears South 00 degrees 30 minutes 54 seconds East (basis of bearing), a distance of 2633.58 feet; Thence along the East line of said Section, South 00 degrees 30 minutes 54 seconds East, a distance of 2343.10 feet to the Point of Beginning; Thence continuing South 00 degrees 30 minutes 54 seconds East, a distance of 290.48 feet to said East quarter corner; Thence leaving said East line, along the East -West midsection line of said Section, South 89 degrees 34 minutes 53 seconds West, a distance of 332.33 feet; Thence leaving said East -West midsection line, North 83 degrees 52 minutes 17 seconds East, a distance of 40.20 feet, to a point of intersection with a non - tangent curve; Thence Northeasterly along said curve, having a radius of 286.10 feet, concave Northwesterly, whose radius bears North 00 degrees 43 minutes 56 seconds East, through a central angle of 91 degrees 14 minutes 20 seconds, a distance of 455.59 feet to the Point of Beginning. PARCEL NO. 2: The Southeast quarter of the Northwest quarter of Section 23 AND the West 30 feet; the South 30 feet; and the East 30 feet of the Northeast quarter of the Northwest quarter, of Section 23, Township 12 South, Range 12 East, Gila & Salt River Base and Meridian, Pima County, Arizona. PARCEL NO. 3: INTENTIONALLY DELETED - Parcel 3 combined with Parcel 2 Linda Vista Village at Cascada Specific Plan C_1 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 230 of 303 Appendix C —Legal Description PARCEL N0.4: The West half of the Northwest quarter of Section 23, Township 12 South, Range 12 East, Gila & Salt River Base and Meridian, Pima County, Arizona; Except that portion thereof lying within the plat of MARANA CENTER, according to Sequence No. 20142340180, records of Pima County, Arizona. PARCEL N0. 5: Common Area D #3A, CASCADA, according to Book 64 of Maps and Plats, page 35, records of Pima County, Arizona. Linda Vista Village at Cascada Specific Plan C -2 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 231 of 303 Appendix D — Street Sections APPENDIX D — STREET SECTIONS Linda Vista Village at Cascada Specific Plan D -1 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 232 of 303 ° e c FA I y Varies 5' -0" 6' - 0 " Landscaped Sidewalk Landscaped Buffer Curbway 24' — 0 " Landscape Median 110' — 0 " Right -of -WE ( j)� NTS ection: Collector - 4 Lane Roadway Source: Marana Street Standards - Detail No: 120 -1 Linda Vista Village at Cascada Specific Plan Marana Regular Council Meeting 01 /19/2016 a p C J e ' Varies 5' - 0 " 6' - 0 " 7' -0" Landscaped Sidewalk Landscaped Multi -Use Buffer Curbway Lane 13' -0" Y 3 m r 6. e e r ® 9 a p C J e ' Varies 5' - 0 " 6' - 0 " 7' -0" Landscaped Sidewalk Landscaped Multi -Use Buffer Curbway Lane 13' -0" 9111011 Lane Landscape Median 90' -0" Right -of -WE 2 Section: Collector - 2 Lane Roadwa NTS Source: Marana Street Standards - Detail No: 110 -2 Linda Vista Village at Cascada Specific Plan Marana Regular Council Meeting 01 /19/2016 I r 6. 9111011 Lane Landscape Median 90' -0" Right -of -WE 2 Section: Collector - 2 Lane Roadwa NTS Source: Marana Street Standards - Detail No: 110 -2 Linda Vista Village at Cascada Specific Plan Marana Regular Council Meeting 01 /19/2016 15' C,k 1`0-� PUBL.� 1 CA FOR PUBLIC t , N j' 111, 1 IY, I L W .�. E rS I ', N AG E UTLffY. MAJI7 1NANCE. SICt=E. lu LAN DSCA S DFYYAIK & AM7;S, ti LAN DSM, SIDEWALK & ACCESS F m_. �y P.AT R/W ESWT, BY FINAL PLAT LOT S 41' ROX LCTT v m h! 205 2015 5' WN. 61 12 12' 1 LT1 - USE TRAVEL 7RAVEL MULTI Lj ' MU LANE LME LANE LANE 2% 2% V MEWDERING J - TVRACAL CURB & OLMM SMALK PER PC/007 PC/ODT STD. DTL. 57D DTL NO, 200 NO. 209 TYPE I (G) TYPI BOTH SIDES TYP. BOTH SIDES NOM, THIS CROSS SECTION DOES NOT PROVIX FOR ON-STREET PARKING OR DIRECT INDNCUAL LOT DMEWAY ACCESS THE TOWN OF MARANA WILL NOT MAINTAIN SIDEWALK IF OUTSIDE OF THE RIGHT -0F -WAY Section: T Local Residential Collector NTS Source: Presidio En Cascada Specific Plan P/L LOT m m, P/L LCT F r% i i r-- R/W LOT v 15' PUBLIC LMUTY. MAIINTENANCE, SIGNAGE, LANDSCAPE, SIDEWALK & ACCESS ES MT. NY FINAL PLAT 2 ROLL CURB PER MAO STD. 0 NO, M (TY G) WITH So REV k (30TH SIOES NOTE- THP3 CR THIS c� THE TOW THE IRIGH (] 4D- Section: T I NTS Source: Presidio End KADER C U R B PER PC/GOT 1, THIS SECTION 15 FOR ONE—WAY TRAMC STD DTL HO, 213 130TI 1 51 DUS WITH W PAR SIG I N TH E ALLEY 2, THE LONGM DIN AL SLOPE OF THE ALLEY I'S TO BE 0_5X UNLESS, A CONCRETE VALLEY CLJTTER IS CONSTRUCTE D _q LA PRIVATF Al. I FY'S MAY HIF INCI UDFD IN LO SIZE CALCULATIONS Section: T 20' Alle NTS Source: Presidio En Cascada Specific Plan Linda Vista Villa at Cascada Specific Plan Marana Re Council Meetin 01 /19/2016 Sectior 7 NTS Source: I Appendix E — Proposed Plant List APPENDIX E — PROPOSED PLANT LIST Streetscape -Major Trees Acacia spp ....................................... ............................... Acacia Species Cercidium hybrid "Desert Museum" . ............................... Desert Museum Palo Verde Cercidium microphyllum .................. ............................... Littleleaf or Foothill Palo Verde Cercidium praecox ........................... ............................... Palo Brea Prosopis (So. Am. hybrid) ................ ............................... Thornless Mesquite (So. Am. hybrid) Prosopis chilensis ............................ ............................... Chilean Mesquite Shrubs Caesalpinia gilliesii .......................... ............................... Yellow Bird of Paradise Calliandra spp .................................. ............................... Fairy Duster Dalea pulchra ................................... ............................... Indigo Bush Dasylirion wheeleri ........................... ............................... Desert Spoon Encelia farinosa ............................... ............................... Brittle Bush Ericameria laricifolia ......................... ............................... Turpentine Bush J usticia sp ........................................ ............................... J usticia species Hesperaloe parviflora ....................... ............................... Red Yucca Leucophyllum spp ............................ ............................... Texas Ranger Species Larrea tridentata .............................. ............................... Creosote Salvia spp ........................................ ............................... Sage species Accents Agave spp ........................................ ............................... Agave Species Carnegiea gigantea ......................... ............................... Saguaro Dasylirion acrotriche ........................ ............................... Green Desert Spoon Echinocactus grusonii ...................... ............................... Golden Barrel Ferocactus spp ................................ ............................... Barrel Cactus Fouquieria splendens ...................... ............................... Ocotillo Hesperaloe parviflora ....................... ............................... Red Yucca Yucca brevifolia ................................ ............................... Joshua Tree Yucca elata ...................................... ............................... Soaptree Yucca Groundcover Calylophus hartwegii ........................ ............................... Calylophus Chrysactinia mexicana ..................... ............................... Damianita Daisy Dalea greggii .................................... ............................... Trailing Dalea Dalea capitata .................................. ............................... Golden Dalea Melampodium leucanthum ............... ............................... Blackfoot Daisy Linda Vista Village at Cascada Specific Plan P December 2015 Marana Regular Council Meeting 01 /19/2016 Page 236 of 303 Appendix E — Proposed Plant List Streetscape - Secondary Trees Acacia spp ....................................... ............................... Acacia species Chilopsis linearis .............................. ............................... Desert Willow Olneya tesota ................................... ............................... Ironwood Prosopis velutina ............................. ............................... velvet Mesquite Shrubs Agave spp ........................................ ............................... Agave species Buddleja murrubiifolia ...................... ............................... Wooly Butterfly Bush Caesalpinia gilliesii .......................... ............................... Yellow Bird of Paradise Calliandra spp .................................. ............................... Fairy Duster J usticia spp ...................................... ............................... J usticia species Hesperaloe paviflora ........................ ............................... Red Yucca Leucophyllum spp ............................ ............................... Texas Ranger Species Salvia spp ........................................ ............................... Sage species Accents Agave spp ........................................ ............................... Agave species Carnegiea gigantea ......................... ............................... Saguaro Dasylirion acrotriche ........................ ............................... Green Desert Spoon Echinocactus grusonii ...................... ............................... Golden Barrel Ferocactus spp ................................ ............................... Barrel Cactus Fouquieria splendens ...................... ............................... Ocotillo Hesperaloe parviflora ....................... ............................... Red Yucca Yucca brevifolia ................................ ............................... Joshua Tree Yucca elata ...................................... ............................... Soaptree Yucca Groundcover Calylophus hartwegii ........................ ............................... Calylophus Chrysactinia mexicana ..................... ............................... Damianita Daisy Dalea greggii .................................... ............................... Trailing Dalea Dalea capitata .................................. ............................... Golden Dalea Melampodium leucanthum ............... ............................... Blackfoot Daisy Accent Trees at Entries /Intersections Sophora secundiflora ....................... ............................... Texas Mountain Laurel Cercidium hybrid "Desert Museum" . ............................... Desert Museum Palo Verde Cercidium praecox ........................... ............................... Palo Brea E -2 Marana Regular Council Meeting 01 /19/2016 Page 237 of 303 Appendix E — Proposed Plant List Parking Lot Trees Acacia farnesiana ............................ ............................... Sweet Acacia Celtis reticulata ................................ ............................... Netleaf Hackberry Cercidium hybrid "Desert Museum" . ............................... Desert Museum Palo Verde Pithecellobium flexicaule ................. ............................... Texas Ebony Prosopis hybrid ................................ ............................... Thornless Mesquite Shrubs Atriplex spp ...................................... ............................... Atriplex species Leucophyllum spp ............................ ............................... Texas Ranger species Salvia chamaedryoides .................... ............................... Blue Sage Salvia columbariae .......................... ............................... Chia Salvia greggii ................................... ............................... Autumn Sage Senna wislizenii ............................... ............................... Cassia Groundcover Calylophus hartwegii ........................ ............................... Calylophus Chrysactinia mexicana ..................... ............................... Damianita Daisy Dalea greggii .................................... ............................... Trailing Dalea Dalea capitata .................................. ............................... Golden Dalea Melampodium leucanthum ............... ............................... Blackfoot Daisy Residential Trees Acacia spp ....................................... ............................... Acacia species Cercidium hybrid "Desert Museum" . ............................... Desert Museum Palo Verde Cercidium microphyllum .................. ............................... Foothills Palo Verde Cercidium praecox ........................... ............................... Palo Brea Chilopsis linearis .............................. ............................... Desert Willow Prosopis spp .................................... ............................... Prosopis species Shrubs Dalea frutescens .............................. ............................... Black Dalea Dalea greggii .................................... ............................... Trailing Indigo Bush Ericameria laricifolius ....................... ............................... Turpentine Bush Penstemon spp ................................ ............................... Penstemon Species Ruellia californica ............................. ............................... California Ruellia Ruellia peninsularis .......................... ............................... Desert Ruellia Linda Vista Village at Cascada Specific Plan E -3 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 238 of 303 Appendix E — Proposed Plant List Residential (cont.) Salvia spp ........................................ ............................... Salvia Species Senna covesii .................................. ............................... Desert Senna Simmondsia chinensis ..................... ............................... Jojoba Zinnia acerosa ................................. ............................... Desert Zinnia Zinnia grandiflora ............................. ............................... Rocky Mountain Zinnia Accents Agave americana ............................. ............................... Century Plant Agave colorata ................................. ............................... Agave Agave filifera .................................... ............................... Thread Leaf Agave Agave geminiflora ............................ ............................... Twin - flowered Agave Agave huachucensis ........................ ............................... Huachuca Agave Agave lophantha (univittata) ............ ............................... Thorn - crested Agave Agave ocahui ................................... ............................... Ocahui Agave Agave palmeri .................................. ............................... Palmer Agave Agave vilmoriniana .......................... ............................... Octopus Agave Carnegiea gigantea ......................... ............................... Saguaro Dasylirion acrotriche ........................ ............................... Green Desert Spoon Echinocactus grusonii ...................... ............................... Golden Barrel Hesperaloe parviflora ....................... ............................... Red Yucca Opuntia spp ..................................... ............................... Opuntia Species Psilostrophe cooperi ........................ ............................... Paper Flower Yucca aloifolia .................................. ............................... Spanish Bayonet Yucca Yucca baccata ................................. ............................... Banana Yucca Yucca carnerosana .......................... ............................... Giant Dagger Yucca Yucca recurvifolia (pendula) ............ ............................... Pendulous or Curveleaf Yucca Groundcover Calylophus hartwegii ........................ ............................... Calylophus Vines Macfadyena unguis -cati ................... ............................... Cat Claw vine Merremia aurea ............................... ............................... Yellow Merremia Entryway Plants for Individual Houses Antigonon leptopus .......................... ............................... Queen's Wreath Campsis radicans ............................ ............................... Common Trumpet Creeper Cissus trifoliata ................................ ............................... Desert Grape Ivy Chamaerops humilis ........................ ............................... Mediterranean Fan Palm Cycas revoluta ................................. ............................... Sago Palm Cyperus alternifolius ........................ ............................... Umbrella Plant E -4 Marana Regular Council Meeting 01 /19/2016 Page 239 of 303 Appendix E — Proposed Plant List Entryway Plants for Individual Houses (cont.) Fe�oo sellowiana ............................. ............................... Pineapple Guava Hibiscus coulteri ............................... ............................... Yellow Hibiscus Macfadyena unguis -cati ................... ............................... Cat's Claw Vine Mascagnia lilacina ........................... ............................... Lavender Orchid Vine Mascagnia macroptera .................... ............................... Yellow Orchid Vine Merremia aurea ............................... ............................... Yellow Merremia Passiflora foetida ............................. ............................... Passion Flower Tagetes lemmoni .............................. ............................... Mountain Marigold Tecomaria capensis ......................... ............................... Cape Honeysuckle Prohibited Plants Acacia stenophylla ........................... ............................... Pencilleaf Acacia Baccharis sarothroides (male plants only) ...................... Desert Broom Baccharis sarothroides " Centennial" ............................... Centennial Eucalyptus camaldulensis ............... ............................... Red River Gum Eucalyptus campaspe ...................... ............................... Silver Gimlet Eucalyptus formanii ......................... ............................... Eucalyptus Eucalyptus leucoxylon ( rosea) ......... ............................... White Iron Bark Eucalyptus microtheca ..................... ............................... Tiny Capsule Eucalyptus Eucalyptus polyanthemos ................ ............................... Silver Dollar Gum Eucalyptus rudis .............................. ............................... Desert Gum Eucalyptus spathulata ...................... ............................... Swamp Mallee Euphorbia antisyphilitica .................. ............................... Candelilla Juniperus chinensis ......................... ............................... Juniper (many cultivars) Juniperus deppeana ........................ ............................... Alligator Bark Juniper Juniperus sabina .............................. ............................... Sabine Juniper Parkinsonia aculeata ....................... ............................... Mexican Palo Verde Phoenix canariensis ......................... ............................... Canary Island Date Palm Phoenix dactylifera .......................... ............................... Date Palm Pinus edulis ..................................... ............................... Pinon Nut Pine Pinus eldarica .................................. ............................... Afghan Pine Pinus halepensis .............................. ............................... Aleppo Pine Pinus monophylla ............................ ............................... Singleleaf Pinon Pine Pinus pinea ...................................... ............................... Italian Stone Pine Pinus roxburghii ............................... ............................... Chir Pine Pistacia atlantica .............................. ............................... Mt. Atlas Pistache Schinus molle .................................. ............................... California Pepper Tree Tamarix aphylla ................................ ............................... Athel Tree, Tamarisk Zizyphusjujuba ................................ ............................... Chinese Date Linda Vista Village at Cascada Specific Plan E -5 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 240 of 303 Appendix F — Traffic Impact Study APPENDIX F — TRAFFIC IMPACT STUDY Linda Vista Village at Cascada Specific Plan F -1 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 241 of 303 M EP70 Transportation Planning Traffic Engineering Consulting TRAFFIC IMPACT STUDY ADDENDUM To: Mr. Larry Kries Red Point Development Cc: Stacey Weeks, PLA Norris Design From: Marcos Esparza, P.E. Principal Date: October 22, 2015 Subject: Linda Vista Village at Cascada — TIS Addendum ME -Eng 2014.03A Introduction and Purpose: This addendum to the Linda Vista Village at Cascada Traffic Impact Study (TIS), dated June 18, 2015 provides an updated trip generation analysis based on a revision to the land use plan. Based on the updated trip generation, this addendum also includes a reanalysis of future roadway volumes, a revised preliminary signal warrant analysis for the Linda Vista Boulevard /Hartman Lane intersection. The addendum also addresses Town of Marana comments provided by Mr . Fernando Prol on the June 2015 TIS. As agreed to by Mr. Keith Brann, the Town Engineer with the Town of Marana in a conversation with Mr . Larry Kries of Red Point Development on October 10, 2015, this addendum is provided in lieu of revised TIS. Therefore, the requirements to revise the June 2015 TIS that Mr. Prol documented in his comments have been addressed in this addendum, and the June 2015 TIS has not be revised. A set of updated recommendations is provided on the last page of this addendum. Revised Land Use Plan: The site's land use plan has been revised since the submittal of the June 2015 TIS The updated land use plan is provided in Exhibit 1 Updated Trip Generation Analysis: Based on the updated land use plan, I revised the trip generation estimate by applying the average rates from ITE's Trip Generation Manual. The land use trip generation rates have not changed from the June 2015 TIS. The revised trip generation table is shown in Exhibit 1. The updated trip generation is now approximately half of the trip generation estimated from the land uses in the June 2015 TIS. The total daily trip generation was 16,384 trips per day in the June 2015 TIS. The updated daily trip generation of 8,960 trips per day is 55% of the previous trip generation. Win» 7 ,3 J 2 rte` 1� 2934 W. Salvia Drive Page 1 of 10 520 - 207 -3358 Tucson, AZ 85745 M U E -CLA @COX. N ET Marana Regular Council Meeting 01 /19/2016 Page 242 of 303 Linda Vista Villa at Cascada TIS Addendum Exhibit 1 Updated Land Uses Linda Vista Villa I Specific Plan Land Use Stud September 30. 2015 Specific Plan Land Use Concept Stud 30,500 SF Proposed Residential Uniits 851 Units Current Residential Unit Cap 873 Units Parcel Use Acrea Densit Yield Cornmerdal/ Office , FAR blotes PA-1 RES 4.8 10.0 48 MDRI"MHDR PA-2 ICES 9.6 5.0 48 MDR PA-3 RES 7.40 10.0 74 MDR.':MHDR PA-4 Comm 3.5 30.000 0.20 PA-5 Comm 1.0 9,1500 0.22 PA-6 MF 9.70 18.0 175 HDR/KIHDR PA-7 SFR 20.4 10.0 204 MDR ','N.-IHDR PA-8 SFR 16.9 8.0 135 MDR PA-9 SFIR 20.9 8.0 167 MDR PA -10 CS 5.7 Tots 1 99.9 8.5 851 39 0.05 Proposed Commercial/Office SF 30,500 SF Proposed Residential Uniits 851 Units Current Residential Unit Cap 873 Units Total Allowable Commer6al SF 200.000 SF Total Allowable Off i re SF 300.000 SF Source: Norris Desi Pa 2 of 10 Marana Re Council Meetin 01 /19/2016 Pa 243 of 303 Linda Vista Village at Cascada TIS Addendum Trin rpnpratinn Ratps Exhibit 2 Updated Trip Generation Trip Generation (Total) Planning Area PA -1 (Apartments) PA -2 (SFR) PA -3 (Apartment) PA -4 (Shopping Center) PA -5 (Shopping Center) PA -6 (Apartment) PA -7 (SFR) PA -8 (SFR) PA -9 (SFR) PA -10 (OS) No. ITE Weekday AM Weekday PM Avg Weekday Planning Area Proposed Use Unit No. Units Categ. In Out In Out In Out PA -1 (Apartments) Apartments - North (4.8 Acres) (10 RAC) DU 48.00 220 0.51 0.62 6.65 24 30 20% 80% 65% 35% 50% 50% PA -2 (SFR) Residential - Single Family Dwelling DU 48 210 0.75 1.00 9.52 10 (5 RAC, 9.6 Acres) 160 Residential - Single Family Dwelling 25% 75% 63% 37% 50% 50% PA -3 (Apartment) Apartments - North (7.4 Acres) (10 RAC) DU 74.00 220 0.51 0.62 6.65 9 20% 80% 65% 35% 50% 50% PA -4 (Shopping Center) Shopping Center - South (3.5 Acres at 0.20 FAR) 1000 SF 30.49 820 0.96 3.71 42.7 38 46 62% 38% 48% 52% 50% 50% PA -5 (Shopping Center) Shopping Center - South (1.0 Acres at 0.22 FAR) 1000 SF 9.58 820 0.96 3.71 42.7 16 246 246 Shopping Center - South (3.5 Acres at 0.20 FAR) 62% 38% 48% 52% 50% 50% PA -6 (Apartment) Apartments - South (9.7 Acres) (18 RAC) DU 175.00 220 0.51 0.62 6.65 18 20% 80% 65% 35% 50% 50% PA -7 (SFR) Residential - Single Family Dwelling DU 204 210 0.75 1.00 9.52 9 (10 RAC, 20.4 Acres) 36 25% 75% 63% 37% 50% 50% PA -8 (SFR) Residential - Single Family Dwelling DU 135 210 0.75 1.00 9.52 18 (8 RAC, 16.9 Acres) 205 Apartments - South (9.7 Acres) (18 RAC) 25% 75% 63% 37% 50% 50% PA -9 (SFR) Residential - Single Family Dwelling DU 167 210 0.75 1.00 9.52 (8 RAC, 20.9 Acres) 18 25% 75% 63% 37% 50% 50% PA -10 (OS) Open Space 582 Residential - Single Family Dwelling DU 204.00 Trip Generation (Total) Planning Area PA -1 (Apartments) PA -2 (SFR) PA -3 (Apartment) PA -4 (Shopping Center) PA -5 (Shopping Center) PA -6 (Apartment) PA -7 (SFR) PA -8 (SFR) PA -9 (SFR) PA -10 (OS) The areas north of Linda Vista Boulevard (PA -1, PA -2 and PA -3) account for 1,268 trips per day. The areas south of Linda Vista Boulevard will generate the remainder, or 7,692 trips per day. A two -lane spine road on the south side of Linda Vista Road will have a daily LOS E capacity of 15,600 vehicles per day, based on level of service thresholds in the Town of Marano, Procedures for Preparation of Transportation Impact Studies. Therefore, there is reserve capacity on this road of 7,908 vehicles per day. This capacity is available for the land uses south of the Linda Vista Village project. Updated Future Volumes: Daily site trips were distributed to the project roadways in the June 2015. Distributing the updated trip generation and applying the same distribution percentages to the project roadways results in lower future volumes along the roadways. The future roadway volumes estimated from the previous land uses documented in the June TIS and the updated roadway volumes are shown in the following two exhibits. Page 3 of 10 Marana Regular Council Meeting 01 /19/2016 Page 244 of 303 No. Weekday AM Weekday PM Avg Weekday Proposed Use Unit Units In Out In Out In Out Apartments - North (4.8 Acres) (10 RAC) DU 48.00 24 30 319 5 20 19 10 160 160 Residential - Single Family Dwelling DU 48 36 48 457 (5 RAC, 9.6 Acres) 9 27 30 18 228 228 Apartments - North (7.4 Acres) (10 RAC) DU 74.00 38 46 492 8 30 30 16 246 246 Shopping Center - South (3.5 Acres at 0.20 FAR) 1000 SF 30.49 29 113 1,302 18 11 54 59 651 651 Shopping Center - South (1.0 Acres at 0.22 FAR) 1000 SF 9.58 9 36 409 6 3 17 18 205 205 Apartments - South (9.7 Acres) (18 RAC) DU 175.00 89 109 1,164 18 71 71 38 582 582 Residential - Single Family Dwelling DU 204.00 153 204 1,942 38 115 129 75 971 971 Residential - Single Family Dwelling DU 135 101 135 1,285 (8 RAC, 16.9 Acres) 25 76 85 50 643 643 Residential - Single Family Dwelling DU 167 125 167 1,590 (8 RAC, 20.9 Acres) 31 94 105 62 795 795 Open Space Tota I s 605 887 8,960 158 447 540 347 4,480 4,480 The areas north of Linda Vista Boulevard (PA -1, PA -2 and PA -3) account for 1,268 trips per day. The areas south of Linda Vista Boulevard will generate the remainder, or 7,692 trips per day. A two -lane spine road on the south side of Linda Vista Road will have a daily LOS E capacity of 15,600 vehicles per day, based on level of service thresholds in the Town of Marano, Procedures for Preparation of Transportation Impact Studies. Therefore, there is reserve capacity on this road of 7,908 vehicles per day. This capacity is available for the land uses south of the Linda Vista Village project. Updated Future Volumes: Daily site trips were distributed to the project roadways in the June 2015. Distributing the updated trip generation and applying the same distribution percentages to the project roadways results in lower future volumes along the roadways. The future roadway volumes estimated from the previous land uses documented in the June TIS and the updated roadway volumes are shown in the following two exhibits. Page 3 of 10 Marana Regular Council Meeting 01 /19/2016 Page 244 of 303 Linda Vista Village at Cascada TIS Addendum Exhibit 3 Future Roadway Volumes — June 2015 TIS Roadway Volumes - From June 2015 TIS *Assumed 5% /year growth, except for 1 -10 (2% /year growth) and includes Marana Center traffic (Souce: Marana Center TIA, Kittelson & Associates) * *Source: Town of Marana. ADOT does not recognize daily level of service. Exhibit 4 Future Roadway Volumes — With Updated Land Uses Roadway Volumes - Updated Land Uses 2019 ADT 2019 ADT (No Site (With LOS E LOS E Threshold Roadway Segment Lanes Project)* Traffic Project) Threshold ** Met? Twin Peaks Road: 1 -10 to Linda 6 54 11 66,150 49,300 Met Vista Boulevard Twin Peaks Road: Linda Vista 4 24 2 26583 32 Not Met Boulevard to Oasis Road Linda Vista Boulevard: Twin 4 13,865 13,926 27,791 32,900 Not Met Peaks Road to Project Area Linda Vista Boulevard: Project 2 13,865 2 16,323 15,600 Met Area to Hartman Lane Hartman Lane: South of Linda 2 3 819 4 15,600 Not Met Vista Boulevard 1 -10: Avra Valley Road to Twin 6 95 5,734 101512 N/A N/A Peaks Road *Assumed 5% /year growth, except for 1 -10 (2% /year growth) and includes Marana Center traffic (Souce: Marana Center TIA, Kittelson & Associates) * *Source: Town of Marana. ADOT does not recognize daily level of service. Exhibit 4 Future Roadway Volumes — With Updated Land Uses Roadway Volumes - Updated Land Uses *Assumed 5% /year growth, except for 1 -10 (2% /year growth) and includes Marana Center traffic (Souce: Marana Center TIA, Kittelson & Associates) * *Source: Town of Marana. ADOT does not recognize daily level of service. Page 4 of 10 Marana Regular Council Meeting 01 /19/2016 Page 245 of 303 2019 ADT 2019 ADT (No Site (With LOS E LOS E Threshold Roadway Segment Lanes Project)* Traffic Project) Threshold ** Met? Twin Peaks Road: 1 -10 to Linda 6 54,681 6 60,953 49,300 Met Vista Boulevard Twin Peaks Road: Linda Vista 4 24,125 1344 25,469 32 Not Met Boulevard to Oasis Road Linda Vista Boulevard: Twin 4 13,865 7 21,481 32,900 Not Met Peaks Road to Project Area Linda Vista Boulevard: Project 2 13 1 15,209 15,600 Not Met Area to Hartman Lane Hartman Lane: South of Linda 2 3 448 4356 15,600 Not Met Vista Boulevard I -10: Avra Val ley Road to Twi n 6 95,778 3 98 N/A N/A Peaks Road *Assumed 5% /year growth, except for 1 -10 (2% /year growth) and includes Marana Center traffic (Souce: Marana Center TIA, Kittelson & Associates) * *Source: Town of Marana. ADOT does not recognize daily level of service. Page 4 of 10 Marana Regular Council Meeting 01 /19/2016 Page 245 of 303 Linda Vista Village at Cascada TIS Addendum In the June 2015 TIS, the 2019 with project ADT on Linda Vista Boulevard from the Project Area to Hartman Lane exceeded the LOS E threshold for a two -lane roadway. The June TIS was reviewed by Mr. Fernando Prol who required the inclusion of a recommendation that Linda Vista Boulevard be reconstructed to a four -lane roadway between the project and Hartman Lane. The revised land uses result in fewer site trips on the same segment of Linda Vista Boulevard, while maintaining the same distribution percentage of 15% of the site trips on Linda Vista Boulevard, east of the project. Because of this, the projected 2019 ADT with project ADT is now under the LOS E threshold for a two -lane roadway. There is an unused capacity of 391 ADT on Linda Vista Road, based on the LOS E capacity for a two -lane roadway (15,600- 15,209 = 391 ADT). Updated Signal Warrant Analysis: The preliminary signal warrant analysis that was included in the June 2015 for the Linda Vista Boulevard /Hartman Lane intersection found that a signal would be warranted under 2019 with project conditions. The TIS included a recommendation to provide signal control at this intersection based on the 2019 with project condition. I conducted an updated signal warrant analysis with the updated future volumes. The updated site trips and total trips at the Linda Vista Boulevard /Hartman Lane intersection are shown in Exhibits 5 and 6. The updated signal warrant analysis is provided in Exhibit 7. Based on the updated analysis, a signal would not be warranted by the year 2019 under the with project conditions. Page 5 of 10 Marana Regular Council Meeting 01 /19/2016 Page 246 of 303 Linda Vista Village at Cascada TIS Addendum Exhibit 5 Peak Hour Site Trips at Linda Vista /Hartman (Updated) Page 6 of 10 Marana Regular Council Meeting 01 /19/2016 Page 247 of 303 Linda Vista Village at Cascada TIS Addendum Exhibit 6 Total Peak Hour Volumes at Linda Vista /Hartman (Updated) u n ,J .ti q c •"_I �. ° L� o td ...T r ��! . e %- . � ]f)f (]f)[) - AM (PM) -Freak Hour l+vfiumes Page 7 of 10 Marana Regular Council Meeting 01 /19/2016 Page 248 of 303 Linda Vista Village at Cascada TIS Addendum Exhibit 7 Preliminary Signal Warrant Analysis -Linda Vista /Hartman (Updated) Oregon Department of Transportation Transportation Development Branch Transportation Planning Analysis Unit Preliminary Traffic Signal Warrant Analysis 1 Major Street: Linda Vista Minor Street: Hartman Project: Linda Vista at Cascada City /County: Marana Year: 2019 Peak Hour Alte rnative : With Project Preliminary Signal Warrant Volumes Number of Approach lanes ADT on major street approaching from both directions ADT on minor street, highest approaching volume Major Street Minor Street Percent of standard warrants 100 1 70 Percent of standard warrants 100 70 Case A: Minimum Vehicular Traffic 1 1 8850 6200 2650 1850 2 or more 1 10600 7400 2650 1850 2 or more 2 or more 10600 7400 3550 2500 1 2 or more 8850 6200 3550 2500 Case B: Interruption of Continuous Traffic 1 1 13300 9300 1350 950 2 or more 1 15900 11100 1350 950 2 or more 2 or more 15900 11100 175q 1250 1 2 or more 13300 9300 1750 1250 100 percent of standard warrants X 1 70 percent of standard warran t s 2 Preliminary Signal Warrant Calculation Street Number of Lanes Warrant Volumes Approach Volumes Warrant Met Case A Major 2 7400 12444 N Minor 2 2500 1178 Case B Major 2 11100 12444 N Minor 1 2 1250 1 1178 Analyst and Date: ME- Eng 10-21-2015 Reviewer and Date: Meeting preliminary signal warrants does not guarantee that a signal will be installed. When preliminary signal warrants are met, project analysts need to coordinate with the Town's Traffic Engineering Managerto initiate the traffic signal engineering investigation.. 2 Used due to 85th percentile speed in excess of 40 mph or isolated community with population of less 4-1"3 r, In nnn ,1, Page 8 of 10 Marana Regular Council Meeting 01 /19/2016 Page 249 of 303 Linda Vista Village at Cascada TIS Addendum Town of Marana Comments on June 2015 TIS: In a July 31, 2015 Town of Marana inter - office memorandum, Mr. Prol provided comments in reference to the June 2015 Linda Vista Village at Cascada Traffic Impact Study Update. These comments are provided here: 1) Page 4, under Principal Findings: The finding that a traffic signal is warranted at 2019 with this project at the Linda Vista Boulevard /Hartman Lane intersection (as indicated on Pages 34 and 37) needs to be added to this section. Also requiring inclusion in this section is the finding that aright -turn lane on eastbound Linda Vista Boulevard (four -lane section) at Hartman Lane is warranted at 2019 with - project conditions (as indicated on Page 33). 2) Page 38, under Conclusions and Recommendations: Aconclusion and recommendation regarding the above - referenced traffic signal installation needs to be included. Also to be included in this section is the conclusion and recommendation regarding the right -turn lane referenced in No. 1 above. 3) Page 38: Conclusion and Recommendation No. 2 regarding the need for the construction of Linda Vista Boulevard as a four -lane roadway needs to be amended to indicate that Hartman Lane should be the eastern limit of such construction (as indicated on Page 4.) Based on the updated land uses, the revised analyses shows that a traffic signal is not warranted at Linda Vista Boulevard /Hartman Lane, nor do the 2019 future daily volumes on Linda Vista Boulevard exceed the LOS E threshold for a two -lane roadway. An eastbound right turn lane on Linda Vista Boulevard at Hartman Lane is still warranted with the 2019 no project condition. Updated Conclusions and Recommendations: 1. The updated trip generation estimates are: • 605 morning peak hour trips, • 887 evening peak hour trips, • 8,960 weekday trips. 2. Even with the adjacent Marana Center project, and the updated land use plan, the level of traffic on Linda Vista Boulevard will be below the LOS E threshold for atwo -lane roadway based on daily traffic volumes between the project and Hartman Lane. 3. Full access is recommended at the main driveway (Driveway 4S /4N) on Linda Vista Boulevard, and a signal is warranted based on projected traffic volumes. All other access locations should be limited to right -in, right -out movements and a raised median should be constructed along Linda Vista Boulevard to control access. 4. Based on Town of Marana turn lane warrants, a right turn lane is warranted for eastbound right turns on Linda Vista Boulevard at Hartman Lane under 2019 no project conditions. 5. The traffic signal at the main driveway should be coordinated with the Marana Center main entrance (Loop Road) signal. Page 9 of 10 Marana Regular Council Meeting 01 /19/2016 Page 250 of 303 Linda Vista Village at Cascada TIS Addendum 6. The Marana Center project immediately west of this project is under construction. Site traffic estimates from that project have been provided by the TIS preparer (Kittelson & Associates) and added to the volumes in this study. 7. The proposed intersection at Linda Vista Boulevard /Driveway 4S /4N should include dual northbound left turn lanes, and an exclusive right turn lane on the northbound approach; a single left turn lane and an exclusive right turn lane on the eastbound approach; and a single left turn lane on the westbound and southbound approaches. Because land use types are conceptual, it is premature to estimate storage lane lengths. 8. Right turn lanes are warranted at all eastbound approaches to project driveways along Linda Vista Boulevard based on the conceptual land uses and the preliminary trip assignment. A continuous right turn lane should be considered for the eastbound right turns along the frontage of the project on Linda Vista Boulevard. 9. A preliminary queuing analysis shows that the northbound Twin Peaks right turn lane movement should include an overlap phase to run concurrently with the westbound left turn phase at the Twin Peaks /Linda Vista intersection to reduce the potential queue length on this approach. Sidewalks and bike lanes should be constructed on both sides of Linda Vista Boulevard along the frontage of the property. 10. Sight distance at the project intersections should be ensured according to criteria in the Town of Marana Subdivision Street Standards. 11. All signs and pavement markings associated with the recommended improvements must conform to the MUTCD and Town of Marana requirements. Page 10 of 10 Marana Regular Council Meeting 01 /19/2016 Page 251 of 303 Appendix G — Declaration of Restriction &Maintenance Covenant APPENDIX G — DECLARATION OF RESTRICTION &MAINTENANCE COVENANT Linda Vista Village at Cascada Specific Plan G -1 December 2015 Marana Regular Council Meeting 01 /19/2016 Page 252 of 303 E A S T S I D E F. ANN RODRIGUEZ RECORDER Recorded B JKP IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII DEPUTY RECORDER 4889 of SEQUENCE: 20120240681 i , z NO. PAGES: 9 TFNTI SMITH ROBERTSON ELLIOTT GLEN KLEIN DOU � TRMRES 01/24/2012 221 W 6TH ST 1100 91��p� 18:00 AUSTIN TX 78701 MAIL AMOUNT PAID: $17.00 THIS TERMINATION AND RELEASE OF DECLARATION Of RESMCTION. ANP 44 i :1 an -t d �o . e. made d ex-ecave n . MAINTEN CE COVENANT {this el R as IS �nzona. corporaton,: as 27 20 IX I . b y National Title.A nean T r _s i Pacific Intem— onal Trustee under Trust: No 60 3.27::("F- S11 sole bene-filp".. Y 1 ati Properties, L.L.P., an. Arizona limited liabilit V ("Pacif c"). (Fidelity and Pacific d fe e herein referred to . collectivel as "Veda The United States Fish. Wil1.1i d service the e 4A.U.S.F-W, S'3 joins in the execution. of this Release in. order to evidence ap ...rov al here. of RECITALS {Q4$, 00088436.1. ) Marana Re Council Meetin 01 /19/2016 Pa Pa 0k 9 g e 253 of 30 A/09/2012 11:05 AM W IT N.. E. S. S'E TH: (048.00088436A. 2 Pa 2 of Marana Re Council Meetin 01 /19/2016 Pa 254 of 30 A/09/2012 11:05 A TN WITNESS HEI c undersigned have executed this Tenn. pAtion and �l+ease of R estfiction and Maintmmce Covenant: as of the d an year first abo�� written. T,�E!L1�T Faei -c Inter a ibnal Pro ertiesy.I�. .P., an ri ona limited liki1ity partnership By L Nail , Titl ' STATE OF }�Qi�(,a� § COUNTY OF Alm Marana Regular Council Meeting 01 /19/2016 Page 3 of 9 Page 255 of 30 A /09/2012 11:05 AM STA"fE OF '��1(\d 'L ildlif .Service, €048.4008$436.1.1 Page 4 of c Marana Regular Council Meeting 01 /19/2016 Page 256 of 30 A /09/2012 11:05 AN (048.0.0098436 ) Marana Regular Council Meeting 01 /19/2016 Page 5 of 9 Page 257 of 30 A/09/2012 11:05 AM a.re feed m ore or less ap r s. Conta n 6,877,11G.s.., u ..: 1: 5 1 6 IppIO2921-6 .3..,.. 6 ��20.7, 4, -199. 1 jO: FAI. X.0 (54 1 'k sw. O.A.0 N:AA: I O NA t I * .. I 1:11 W-0 ANA Pa 6 of 9 Marana Re Council Meetin 01 /19/2016 Pa 258 of 30 A/09/2012 11:05 AM 4.4: W 26.3. i.o I; m HARTMAN visas NORTH' M1T1Gr4TIOh1 RARCtL 1174.1 -PAGE 24.6- 0. OCKET 2 (2 65 i-EQUENCE N04 2 . 002 1X7.87 RCRES 1 a O)l z SEA l l - .:2..- iS .R 1. COR Location Map f� 1 ■,1 � }L Case Numbers: PCZ1503 -001, GPA1503 -002 # 4F r-•l __ ._. - �r • }' ��..: � _ �F ��� P* � r f.. _ � -Tr f. Request: 1)Approval to rezone approx. 155 acres of land from R -6, R -8, "C" -Large Lot 2 Plan in order to create the Linda Vista Village at Cascada Specific Plan, 2) Approval Marana General Plan land use plan category from Low Density Residential (LDR) to Mas Marana Regular Council Meeting 01 /19/2016 MARANA tzzl�'/ I \ PLANNING TOWN OF MARANA SUBMITTAL APPLICATION Type of Application (Check One) ❑ Annexation ❑ Preliminary Plat ❑ Rezone ❑ Final Plat ® Specific Plan ❑ Development Plan ❑ Variance ❑ Minor Land Division ❑ Improvement Plan (Specify Type): General Data Required Project Name: Linda Vista Village at Cascada Parcel #(s): 216 -19 -5800, 221- 06 -004C, 221 -1h Description of Project: Application for a Specific Plan District Gross Area (Acres): 155.0 Project Address/ Location: East of Linda Vista Boulevard and Twin Peaks Road and west of Hartman Lane Property Owner: Red Point Development Street Address: 8710 N. Thornydale Road, Suite 120 City: Tucson State: Phone #: (520) 408 -2300 Fax #: (520) 408 -2600 Applicant: Norris Design Street Address: 418 N Toole Avenue City: Tucson Phone #: (520) 622 -9565 Agent/Representative: Norris Design Street Address: City: Phone #: State: Fax #: (303) 892 -1186 Fax #: Cell #: Zip Code: Authorization of Property Owner I, the undersigned, certify that all of the facts set forth in this application are true and correct 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. (If applicant is not the owner, attach written authorization from the owner). Digitally signed by Stacey lNeaks Stac W eaks DN cn= Stacey Weaks, o =Nom, Design, - Priivipal, erua =, eak, noms Stacey Weaks y desig'- -"' =Us 03/18/2015 Date_ IU15 03 is 11 o? as Ab'dd� Print Name of Owner/ Applicant State: Signature Date Internal Use Only: Project No. Date Received Signature Contact Person: Larry Kreis Email: LKreis @redpointdevelopment.com ❑ Conditional Use Permit ❑ Significant Land Use Change ❑ Storm Water (SWPP) ❑ Other: Arizona Zip Code: 85742 Cell #: Contact Person: Stacey Weaks Email: sweaks @norris- design.com Arizona Zip Code: 85701 Cell #: (520) 609 -1466 ❑ General Plan Amendment ❑ Landscape Plan ❑ Native Plant Permit ❑ Native Plant Exception Contact Person: Stacey Weaks Email: sweaks @norris- design.com MaPcIit UfiWTCk IM6 Q1 4EW#Ol�VW2 , 6pV Submittal Checklist Page 1 of 1 (x Page 263 of 303 VINTAGE P A R T N E R S December 22, 2015 Ma Honea & Town Council Town of Marana 1 1555 W Civic Center Drive Marana, AZ 85653 RE: LINDA VISTA VILLAGE AT CASCADA SPECIFIC PLAN, PCZ1503-001 Dear Ma Honea & Town Council, Vinta Development as developers of The Marana Center project, supports and hopes the Marana Town Council will approve the Linda Vista Villa at Cascada Specific Plan. Our development shares a common boundar on our east side and has worked jointl with the developers of Linda Vista Villa Red Point Development, in brin The Marana Center to realit We successfull completed an e j oint development a with Red Point Development in order to construct vital services re for Marana Center that will also benefit future developments surroundin the project. The a included cost sharin of infrastructure, coordination on access points, exchan of land for draina purposes, and easements for sewer. In addition, we provided oversizin of the g ravit y sewer s throu Marana Center that will eventuall serve Linda Vista Villa We stron support the referenced development, and are excited to see a q ualit y development provide opportunities for additional residents to move into the Town of Marana. Should y ou have an q uestions, please feel free to contact me. Sincerel David Scholl VINTAGE PARTNERS 2502 E. Carnelback Road - Suite 214 [t] 602 955 9222 vinta Phoenix, Arizona 85016 1 [f] 602 955 9333 info@vinta Marana Re Council Meetin 01 /19/2016 1 Pa 264 of 303 DEDICATION VP MARANA INVESTMENTS, LLC, AND DUPONT STATION PARTNERS II, LLC UNDERSIGNED, HEREBY WARRANT THAT WE ARE ALL AND THE ONLY PAF ANY FEE TITLE INTEREST IN THE LAND SHOWN ON THIS PLAT, AND WE THE SUBDIVISION OF THIS LAND IN THE MANNER SHOWN ON THIS PLAT. WE AND OUR SUCCESSORS AND ASSIGNS HEREBY HOLD THE TOWN OF N EMPLOYEES, OFFICERS, AND AGENTS HARMLESS FROM AND AGAINST AN CLAIMS FOR DAMAGES RELATED TO THE USE OF THESE LANDS, NOW AN FUTURE BY REASON OF FLOODING, FLOWAGE, EROSION, OR DAMAGE CAL WHETHER SURFACE FLOOD, OR RAINFALL. NATURAL DRAINAGE SHALL NC DISTURBED, OR OBSTRUCTED WITHOUT THE APPROVAL OF THE TOWN OF VP MARANA INVESTMENTS, LLC: VP MARANA INVESTMENTS LLC, AN ARIZONA LIMITED LIABILITY COMPANY BY: VP VINTAGE PARTNERS, LLC, AN ARIZONA LIMITED LIABILITY COM I TS: M AN AGER BY: EDWARD & COMPANY LLC, AN ARIZONA LIMITED LIABILITY COMPA ITS: ADMINISTRATIVE AGENT BY: MARK E. ORTM AN, JR., ITS MANAGER DUPONT STATION PARTNERS II, LLC: DUPONT STATION PARTNERS II, LLC, A WASHINGTON STATE LIMITED LIAB BY: DUPONT STATION PARTNERS II, LLC ITS: MANAGING MEMBER BY: MICHAEL R AB STOFF, ITS MANAGING MEMBER ACKNOWLEDGEMENTS, STATE OF ARIZONA ) SS. COUNTY OF MARICOPA ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS r l% /'1 4f r \/ A A A M I/ r /'\ M T A A A A I I m T I I r A A A A I A /"\ r M /"\ f CASCADA VILLAGE 1 CASCADA APN 216- FIDELITY NATIONAL ATTN: RED POINT [ 8710 N THORNYD� TUCSON AZ E77 SO cp w � L20 R IW do 'o 0 L18 N \\ FD. 3" T.O.M. BRASS CAP STAMPED R.L.S. 27239 2015 MARANA CENTER PARCEL 5 SEQUENCE No. 20142340180 APN 221 -04 -0340 2 N O 0 / m - tn. A k Council - Regular Meeting A2 Meeting Date: 01/19/2016 To: Mayor and Council From: Anthony Hunter, Management Assistant Date: January 19, 2016 Strategic Plan Focus Area: Community, Heritage Strategic Plan Focus Area Additional Info: The Strategic Plan identifies Heritage as one of its five focus areas, with the principle statement "We will seek to preserve the unique history and culture of Marana for generations to come" and the stated initiative of collaborating with the Marana Heritage Conservancy to achieve that goal. Subject: Resolution No. 2016 -009: Relating to Heritage; approving and authorizing the Mayor to execute a community partner and license agreement between the Town of Marana and the Marana Heritage Conservancy (Anthony Hunter) Discussion: On May 4, 2010, the Town Council adopted Resolution No. 2010 -43, formally endorsing the Marana Heritage Conservancy as a community partner for the preservation and promotion of Marana's history and heritage. Since that time, the Conservancy has continued to grow, as has the scope and scale of the Town's heritage- related activities and initiatives. On August 7, 2012, the Town Council adopted Resolution No. 2012 -064, approving an MOU and license agreement between the Town and the Conservancy. The MOU created a formal partnership between the two organizations, and, among other items, allowed the Conservancy to use at no cost the Community Room at the Marana Municipal Complex as an office and for meetings, exhibitions and educational programs related to Marana's history and heritage. The proposed new community partner and license agreement will terminate the 2012 MOU and provide for a new agreement regarding the partnership. Pursuant to the new agreement, the Conservancy will move into the Heritage House at the Marana Heritage River Park and will use that location for the administration and operation of the Conservancy, at no cost. In addition, the Town will waive all permit fees for the Conservancy's activities under the agreement and will continue to permit the Conservancy to use at no cost materials and logos associated with the Marana Regular Council Meeting 01 /19/2016 Page 269 of 303 Marana Heritage Project. In exchange, the Conservancy will continue to support and sponsor cultural and heritage- related projects in the Town, will make reasonable efforts to act as docents at the Heritage House during operating hours, will continue to assist the Town with major Town special events, will continue its fundraising efforts, and will plan, develop and present the Founders' Day event each spring. The term of the proposed agreement is perpetual; however, either party may terminate the agreement upon 90 days' written notice. Financial Impact: Fiscal Year: 2016 Budgeted Y/N: N Amount: $3,000 The Town is obligated to pay for water, electricity and building maintenance which is estimated to average approximately $250 per month. The respective departments will be able to absorb these costs within their existing budgetary capacity. Staff Recommendation: Staff recommends approval of the agreement with the Heritage Conservancy. Suggested Motion: I move to adopt Resolution No. 2016 -009, approving and authorizing the Mayor to execute a community partner and license agreement between the Town of Marana and the Marana Heritage Conservancy. Attachments Resolution No. 2016 -009 Exhibit A to Resolution Exhibit A to agreement - drawing of Heritage House Marana Regular Council Meeting 01 /19/2016 Page 270 of 303 MARANA RESOLUTION NO. 2016-009 RELATING TO HERITAGE; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A COMMUNITY PARTNER AND LICENSE AGREEMENT BETWEEN THE TOWN OF MARANA AND THE MARANA HERITAGE CONSERVANCY WHEREAS in January 2015, the Town Council adopted the Town of Marana Strategic Plan III, identifying Heritage as one of its five focus areas, with the principle statement "We will seek to preserve the unique history and culture of Marana for generations to come" and the stated initiative of collaborating with the Marana Heritage Conservancy to achieve that goal; and WHEREAS the Marana Heritage Conservancy is a not - for - profit organization established to discover, preserve and promote the traditions, cultures, historic places, working landscapes and natural treasures in the Marana sphere of influence through education, preservation, commu- nity events, fundraising and community outreach; and WHEREAS the Town has established the Marana Heritage River Park and one of the im- provements at the Heritage Park is a residential building which has been reconstructed and im- proved by the Town, and which is commonly known as the "Heritage House "; and WHEREAS on May 4, 2010, the Town Council adopted Resolution No. 2010 -43, formal- ly endorsing the Conservancy as the Town's designated partner and caretaker of the Town's treasured past and authorizing the Town Manager to provide support and assistance to the Con- servancy, including allowing the Conservancy to use, at no cost, such portions of the Town's Heritage House and Heritage Park as the Town Manager may designate and the materials and logos associated with the Marana Heritage Project to the extent and for purposes and uses au- thorized by the Town Manager; and WHEREAS the Town and the Conservancy desire to enter into an agreement regarding their partnership that will include, among other items, authorization for the Conservancy to use the Heritage House; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The community partner and license agreement between the Town of Mara - na and the Marana Heritage Conservancy attached to and incorporated by this reference in this 00044673.DOCX /1 Marana Resolution No. 2016 -009 - 1 - Marana Regular Council Meeting 01 /19/2016 Page 271 of 303 resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and ob- jectives of the agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of January, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00044673.DOCX /1 Marana Resolution No. 2016 -009 Marana Regular Council Meeting 01 /19/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney -2- Page 272 of 303 EXHIBIT A TO MARANA RESOLUTION NO. 2016-009 COMMUNITY PARTNER AND LICENSE AGREEMENT BETWEEN THE TOWN OF MARANA AND THE MARANA HERITAGE CONSERVANCY THIS COMMUNITY PARTNER AND LICENSE AGREEMENT (this "Agreement ") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town "), and the MARANA HERITAGE CONSERVANCY, an Arizona non - profit corporation (the "Conservancy "). The Town and the Conservancy are sometimes collectively re- ferred to in this Agreement as the "Parties," either of which is sometimes individually referred to as a "Party." RECITALS A. In January 2015, the Town Council of the Town of Marana adopted the Town of Marana Strategic Plan III (the ""Plan"). The Plan identifies Heritage as one of its five focus areas, with the principle statement "We will seek to preserve the unique history and culture of Marana for generations to come" and the stated initiative of collaborating with the Marana Heritage Conservancy to achieve that goal. B. The Marana Heritage Conservancy is a not-for-profit organization established to discover, preserve and promote the traditions, cultures, historic places, working land- scapes and natural treasures in the Marana sphere of influence through education, preservation, community events, fundraising and community outreach. C. The Town of Marana has established the Marana Heritage River Park (the "Herit- age Park "), located within the Town of Marana at 12375 N. Heritage Park Drive. One of the improvements owned by the Town at the Heritage Park is a residential building which has been reconstructed and improved by the Town, and which is commonly known as the "Heritage House." D. On May 4, 2010, the Town Council adopted Resolution No. 2010 -43, formally en- dorsing the Conservancy as the Town's designated partner and caretaker of the Town's treasured past and authorizing the Town Manager to provide support and assistance to the Conservancy. Among other items, the Resolution authorized the Conservancy to use, at no cost, such portions of the Town's Heritage House and Heritage Park as the Town Manager may designate and the materials and logos associated with the Marana Heritage Project to the extent and for purposes and uses authorized by the Town Man- ager. E. On August 7, 2012, the Town Council adopted Resolution No. 2012 -064 approv- ing a memorandum of understanding and license agreement with the Conservancy 00044347.DOC /2 COMMUNITY PARTNER & LICENSE AGREEMENT: MARANA HERITAGE CONSERVANCY 1/$//2016 JF -1- Marana Regular Council Meeting 01 /19/2016 Page 273 of 303 EXHIBIT A TO MARANA RESOLUTION NO. 2016-009 which established the services to be provided to the Town by the Conservancy and the support and assistance the Town would provide to the Conservancy, including allow- ing the Conservancy the use of the Marana Municipal Complex Community Room (the "2012 MOU ") . The 2012 MOU was effective on August 8, 2012, and by its terms, was to remain in effect unless and until terminated by the Parties. F. The Town and the Conservancy desire to terminate the 2012 MOU and enter into a new agreement regarding their partnership that will include, among other items, authorization for the Conservancy to use the Heritage House. G. The Town finds that the benefits to the Town resulting from the Conservancy's cultural and heritage - related activities in the Town, as well as the Conservancy's work preserving the Town's history in accordance with the terms of this Agreement, have a value at least equal to the fair market value of use of the Heritage House and the other support and assistance to be provided to the Conservancy by the Town pursuant to this Agreement. AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the intent of the Parties in entering into this Agreement, and in consideration of the terms of this Agreement, the Parties hereby agree as follows: 1. Termination of 2012 MOU. The 2012 MOU is hereby terminated by mutual consent of the Parties. 2. Services to be performed by the Conservancy. a. General In coordination with the Town, the Conservancy shall sponsor, sup- port, develop and implement community cultural and heritage - related projects and programs that enrich the cultural life of the community and that are consistent with the provisions of the Town's Strategic Plan and this Agreement. b. Heritage Park docents During the hours that the Conservancy staffs and opens the Heritage House to the public, as set forth in paragraph 4 below, the Con- servancy staff will make reasonable efforts to act as docents for visitors to the Herit- age Park. The Town will provide informational materials related to the park to the Conservancy to aid in this service. c. Major Town special events In coordination and collaboration with the Town, the Conservancy shall participate in major Town special events by providing educa- tional displays, food vending, performing arts demonstrations and/or other cultural and heritage - related exhibits consistent with the theme of the events and the terms of this Agreement. When participating in any special events, the Conservancy shall comply with all permitting requirements, as described in paragraph 20 below. d. Founders' Day The Conservancy shall plan, develop and present the Found- ers' Day event as set forth in this paragraph 2(d) . Founders' Day will be held each 00044347.DOC /2 COMMUNITY PARTNER & LICENSE AGREEMENT: MARANA HERITAGE CONSERVANCY 1/$//2016 JF -2- Marana Regular Council Meeting 01 /19/2016 Page 274 of 303 EXHIBIT A TO MARANA RESOLUTION NO. 2016-009 spring on a date set by the Conservancy. Founders' Day will include performances by musicians, food and craft vendors, exhibitions, and other related activities. In presenting Founders' Day, the Conservancy shall comply with all permitting re- quirements, as described in paragraph 20 below. i. The Conservancy shall recruit, select, approve and contract with musicians, vendors, and other related exhibitors for Founders' Day. The vendors may in- clude food and crafts exhibitors and other exhibitors consistent with the theme of Founders' Day and the terms of this Agreement. The Conservancy shall ensure that all Founders' Day vendors possess a current Town of Marana business li- cense as of the date of the applicable Founders' Day. The Conservancy shall also ensure that all food vendors possess a current and appropriate permit from the Pima County Health Department, if required, as the date of the applicable Founders' Day. ii. The Conservancy shall ensure that all Founders' Day vendors enter into a release and indemnification agreement in a form approved by the Town. The Conservancy shall provide the completed release and indemnification agree- ments to the Town prior to the event each year. e. Fundraising The Conservancy agrees to continue its efforts to develop tax deductible charitable funding for activities appropriate to the shared mission of the Conservancy and the Town. The Conservancy further agrees that all its fundraising activities will be undertaken in compliance with state, local and federal laws. 3. Support and assistance to be provided by the Town. a. Marana Heritage Project materials and logos The Town shall continue to permit the Conservancy to use, at no cost, materials and logos associated with the Marana Heritage Project to the extent and for purposes and uses authorized by the Town Manager. The Conservancy shall not modify, revise or alter the Marana Her- itage Project materials and logos in any way. The Conservancy shall obtain the prior written approval of the Town Manager or designee before using the materials and logos. b. Heritage House use The Town shall permit the Conservancy to use, at no cost, those portions of the Heritage House identified below for the term of this Agree- ment (collectively the "Licensed Area "), subject to the Conservancy's performance of its obligations under this Agreement. The Conservancy shall use the Heritage House for the administration and operation of the Conservancy, including exhibitions and educational programs related to Marana's history and heritage. The Town will co- ordinate any use of a joint use area with the Conservancy prior to the date of the use. i. Exclusive use of the three offices with entrances to the living room area, identified as the "exclusive use areas" in the drawing attached to and incorpo- rated in this agreement as Exhibit A. 00044347.DOC /2 COMMUNITY PARTNER & LICENSE AGREEMENT: MARANA HERITAGE CONSERVANCY 1/$//2016 JF -3- Marana Regular Council Meeting 01 /19/2016 Page 275 of 303 EXHIBIT A TO MARANA RESOLUTION NO. 2016-009 ii. Joint use, with the Town of Marana, of the living room area just inside the front door of the Heritage House, the kitchen area, the bathrooms, and the stor- age house, as identified on Exhibit A as "joint use areas." iii. Reasonable parking in the parking lot located just south of and adjacent to the Heritage House. 4. Hours of operation at Heritage House. During the term of this agreement, the Con- servancy shall make reasonable efforts to staff and open the Heritage House to the public during normal operating hours, as determined by the Conservancy, except on official Town holidays. 5. Utilities. The Town shall be responsible for paying water and electric utilities fees for the Heritage House when they become due and payable. The Conservancy shall be responsible for paying for other services associated with the use of the Heritage House, including telephone and internet service. 6. Repairs and exterior maintenance. The Town shall pay all costs to repair the Herit- age House and shall maintain the exterior of and grounds around the Heritage House. 7. Interior maintenance and custodial services. The Conservancy shall maintain and pay for all clean -up and custodial services within the interior Licensed Area of the Heritage House. 8. No modifications. The Conservancy shall not make any alterations, improvements, additions, changes, or modifications of any kind to the Heritage House without the prior written approval of the Town Manager. 9. Non - Assignment. The Conservancy's rights under this Agreement cannot be as- signed by the Conservancy nor shall the Conservancy grant any license in connection with the Heritage House without the prior written approval of the Town Manager. 10. Inspection. The Town shall have the right at all reasonable times to inspect the Heritage House and to require the Conservancy to correct any unsatisfactory conditions relative to the Conservancy's use of the Heritage House pursuant to this Agreement. The Town shall provide written notice to the Conservancy of any such unsatisfactory conditions and the written notice shall provide a reasonable length of time for correc- tion by the Conservancy. 11. Access/key control. The Conservancy shall comply with any and all policies, pro- cedures, rules or directives of the Town related to access to Town facilities and posses- sion and use of Town keys, electronic access identification cards or other access devices. 12. Use of government entities' names/logos. To avoid confusion regarding whether the Conservancy is a department or division of the Town, in its activities pursuant to this Agreement, the Conservancy shall not display the name "Town of Marana" or the Town's logo or seal on its written materials without the prior written approval of the Town Manager or designee. In its activities pursuant to this Agreement, the Conserv- ancy shall not display the name, logo and/or seal of any government entity other than 00044347.DOC /2 COMMUNITY PARTNER & LICENSE AGREEMENT: MARANA HERITAGE CONSERVANCY 1/$//2016 JF -4- Marana Regular Council Meeting 01 /19/2016 Page 276 of 303 EXHIBIT A TO MARANA RESOLUTION NO. 2016-009 the Town on its written materials without also displaying the name, logo or seal of the Town. 13. Use, reproduction and removal of historic records and artifacts. All records and arti- facts related to Marana's history and heritage owned by or donated to the Town shall remain the sole property of the Town, wherever they are housed. Except as otherwise provided in this Agreement, the Conservancy shall comply with any and all policies, procedures, rules or directives of the Town related to historic records, artifacts and collection development and acquisition. a. The Conservancy may use the Town's historic records and artifacts in the Con- servancy's public exhibitions and educational programs. b. The Conservancy may reproduce or copy any of the Town's historic records or artifacts, subject to the following terms and conditions. i. Nothing contained in this Agreement shall be construed as an assignment or transfer of any copyright or other intellectual property rights by the Town to the Conservancy. ii. When reproducing copyrighted materials, the Conservancy shall ensure that all copyright and other proprietary notices or legends contained in or placed upon the materials shall appear on any copies. iii. The Conservancy expressly acknowledges that the Town may not have a copyright and /or reproduction rights for certain historic records or artifacts in its collection and that the existence or lack of existence of such rights may not be known to the Parties. Therefore, the Conservancy assumes all liability resulting from any unauthorized reproduction of materials by the Conservancy. c. The Conservancy may remove any of the Town's historic records or artifacts from the Heritage House or the Marana Municipal Complex ("MMU) for use in its public exhibitions and educational programs. The Conservancy shall provide notice to the Town whenever a record or artifact is removed from the Heritage House or the MMC. 14. Expenses. Except as provided in this Agreement, the Conservancy shall be re- sponsible for all of its operating expenses, including the purchase and maintenance of any additional equipment required for the Conservancy's operation or administration. The Town shall neither seek from nor provide to the Conservancy any compensation for the services, support and assistance provided by the Parties under this Agreement. 15. Effective date and duration. This Agreement shall be effective as of the signature date of the last Party to sign this Agreement, and shall remain in effect unless and until terminated pursuant to paragraph 31 below. 16. Relationship of the parties. In the performance of the services contemplated by this Agreement, the Conservancy shall act solely as an independent contractor, and nothing expressed or implied in this Agreement shall be construed to create the relationship of 00044347.DOC /2 COMMUNITY PARTNER & LICENSE AGREEMENT: MARANA HERITAGE CONSERVANCY 1/$//2016 JF -5- Marana Regular Council Meeting 01 /19/2016 Page 277 of 303 EXHIBIT A TO MARANA RESOLUTION NO. 2016-009 employer and employee, partnership, principal and agent, or to create a joint venture between the Town and the Conservancy. 17. 501(c)(3) status of the Conservancy. The Conservancy shall maintain its 501(c)(3) status as anon- profit corporation in good standing at all times during the term of this Agreement and shall submit proof of such good standing to the Town upon the Town's request. 18. Insurance. The Conservancy shall maintain insurance throughout the term of this Agreement from carriers acceptable to the Town with the following required coverages and limits: Commercial General Liability U.S. $1,000,000 per occurrence U.S. $2,000,000 aggregate a. The Conservancy shall deliver one or more certificates of insurance evidencing coverage as described in this paragraph 18 to the Town upon execution of this Agreement. The Conservancy shall also deliver new certificates of insurance each time the policy(s) is updated. All certificates shall be delivered to: Town of Marana Legal Department, 11555 W. Civic Center Drive, Marana, Arizona 85653. a. The Town shall be named as an additional insured on the commercial general liability insurance policy required by this paragraph 18. As an additional insured, the Town shall be provided coverage for any liability arising out of operations per- formed in whole or in part by or on behalf of the Conservancy. The additional in- sured endorsement form identification number shall also be included within the de- scription box on the certificate of insurance and the applicable policy number shall be included on the endorsement. b. All policies required pursuant to this paragraph 18 shall be endorsed to con- tain a waiver of transfer of rights of recovery (subrogation) against the Town, its agents, officers, officials, and employees for any claims arising out of the Conservan- cy's work or service. Endorsements evidencing this waiver of subrogation shall be provided to the Town along with all other insurance documentation required by this paragraph 18. c. The certificate(s) shall also stipulate that the insurance afforded the Conservancy shall be primary insurance and that any insurance carried by the Town, its agents, offi- cials or employees shall be excess and not contributory insurance to that provided by the Conservancy. Coverage provided by the Conservancy shall be primary insurance with respect to all other available sources. d. The coverage requirements specified in this paragraph 18 may not be changed or modified except by written agreement signed by all Parties. e. The Conservancy shall give the Town at least 30 calendar days' written notice prior to a planned cancellation or reduction of any coverage required by this para- 00044347.DOC /2 COMMUNITY PARTNER & LICENSE AGREEMENT: MARANA HERITAGE CONSERVANCY 1/$//2016 JF -6- Marana Regular Council Meeting 01 /19/2016 Page 278 of 303 EXHIBIT A TO MARANA RESOLUTION NO. 2016-009 graph 18. The Conservancy shall give the Town immediate notice of any other can- cellation or reduction of any coverage required by this paragraph 18. Cancellation or reduction of any coverage required by this paragraph 18 is grounds for termina- tion of this Agreement by the Town. 19. Indemnification. The Conservancy agrees to defend, save, hold harmless, and in- demnify the Town, its officials, employees, agents, successors, and assigns from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabilities, damages, and other claims and demands of whatsoever nature or kind, in law or in equity, in tort or in contract, or otherwise caused by or resulting from the Conservancy's errors, omissions, or negligent acts in the performance of services pursuant to this Agreement. 20. Regulatory compliance and approvals. Each Party shall at its own expense comply with all applicable federal, state and local laws, rules, and regulations in connection with its obligations under this Agreement. As part of this obligation, the Conservancy shall obtain any and all permits prescribed by the Town, the Northwest Fire District or any other appropriate regulatory agency for its activities under this Agreement. In consideration of the services to be performed by the Conservancy under the terms of this Agreement, to the extent legally permissible, the Town agrees to waive all Town of Marana review and permit fees that the Conservancy would normally be required to pay for the events and activities the Conservancy produces pursuant to this Agreement. 21. Appointment of representatives. To further the commitment of the Parties to coop- erate in the activities described in this Agreement, the Town and the Conservancy each shall designate and appoint a representative to act as a liaison for the Town and its various departments and the Conservancy. The initial representative for the Town shall be Tony Hunter, Management Assistant, and the initial representative for the Conserv- ancy shall be Patrick Nilz, President. The representatives shall be available at all rea- sonable times to discuss and review the performance of the Parties to this Agreement and their responsibilities in connection with the services to be performed under this Agreement. 22. Town personnel. At the Town's sole discretion, the Town may assign Town per- sonnel to assist the Conservancy in its performance of the services described in para- graph 2 of this Agreement. The Conservancy may also request assistance from Town personnel in the performance of these services by contacting the Town Representative. Assistance will be provided at the Town's sole discretion, first taking into consideration the Town's staffing requirements and operational needs. 23. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested; to the following addresses: 00044347.DOC /2 COMMUNITY PARTNER & LICENSE AGREEMENT: MARANA HERITAGE CONSERVANCY 1/$//2016 JF -7- Marana Regular Council Meeting 01 /19/2016 Page 279 of 303 EXHIBIT A TO MARANA RESOLUTION NO. 2016-009 If to the Town, to: TOWN OF MARANA Attn: Town Manager's Office 11555 W. Civic Center Drive - Bldg A3 Marana, AZ 85653 If to the Conservancy, to: MARANA HERITAGE CONSERVANCY Attn: President P. O. Box 1074 Marana, AZ 85653 24. Entire agreement. This Agreement constitutes the entire agreement and under- standing of the Parties pertaining to the subject matter of the Agreement and super- sedes all offers, negotiations, and other agreements of any kind. All prior and contem- poraneous agreements, representations and understandings of the Parties, oral or writ- ten, are superseded and merged in this Agreement. 25. Authority to execute agreement. The individuals executing this Agreement hereby represent that they have full right, power, and authority to execute this Agreement on behalf of their respective Parties. 26. Uncontrollable circumstances. Notwithstanding any other term, condition or pro- vision of this agreement to the contrary, if any Party to this agreement is precluded from satisfying or fulfilling any duty or obligation imposed upon it due to labor strikes, material shortages, war, civil disturbances, weather conditions, natural disasters, or other events beyond the control of such Party, the time period provided herein for the performance by such Party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events. 27. Immigration laws. The Conservancy warrants that it will at all times comply with all federal immigration laws and regulations that relate to its employees and with Ari- zona Revised Statutes section (A.R.S. §) 23 -214 (A). The Conservancy acknowledges that pursuant to A.R.S. § 41 -4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Agreement subject to penalties up to and including termina- tion of this Agreement, and that the Town retains the legal right to inspect the papers of any employee who works on the Agreement to ensure compliance with this warranty. 28. 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. 29. Attorneys' fees. The prevailing Party in a civil action to enforce this Agreement shall be entitled to recover from the other Party, in addition to any relief to which such prevailing Party may be entitled, all costs, expenses and reasonable attorneys' fees in- curred in connection with that civil action. 30. Governing law. This Agreement shall be construed in accordance with the laws of the State of Arizona. 00044347.DOC /2 COMMUNITY PARTNER & LICENSE AGREEMENT: MARANA HERITAGE CONSERVANCY 1/$//2016 JF -8- Marana Regular Council Meeting 01 /19/2016 Page 280 of 303 EXHIBIT A TO MARANA RESOLUTION NO. 2016-009 31. Termination. Either Party may terminate its participation in this Agreement for any reason upon at least 90 days' prior written notice to the other Party. 32. Surrender of premises upon termination. Upon termination of this Agreement, the Conservancy agrees to surrender the Licensed Area to the Town in as good a condition as when received, ordinary wear and tear or damage resulting from causes beyond the reasonable control of the Conservancy excepted. 33. Disposition of personal property upon termination. Upon termination of this Agree- ment, the Conservancy agrees that the personal property of the Town shall not be re- moved from the Licensed Area but shall be surrendered in good condition. The Con- servancy agrees to remove all equipment and personal property belonging to the Con- servancy upon termination of this Agreement without causing damage to the Licensed Area. Any damage to the Licensed Area resulting from the removal of the Conservan- cy's personal property or equipment shall be solely the responsibility of the Conservan- cy. 34. Miscellaneous. a. This Agreement may not be modified except in a writing signed by both of the Parties. b. The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or intent of such sections or articles of this Agreement. c. This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall consti- tute one and the same agreement. d. Neither Party's waiver of the other's breach of any term or condition con- tained in this Agreement shall be deemed a waiver of any subsequent breach of the same or any other term or condition of this Agreement. SIGNATURE PAGE FOLLOWS 00044347.DOC /2 COMMUNITY PARTNER & LICENSE AGREEMENT: MARANA HERITAGE CONSERVANCY 1/$//2016 JF -9- Marana Regular Council Meeting 01 /19/2016 Page 281 of 303 EXHIBIT A TO MARANA RESOLUTION NO. 2016-009 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures. The "'Town": TOWN OF MARANA, an Arizona munic- ipal corporation The "'Conservancy": MARANA HERITAGE CONSERVANCY, an Arizona non - profit corporation Ed Honea, Mayor Date: ATTEST: Town Clerk Date APPROVED AS TO FORM: Town Attorney Date STATE OF Arizona Patrick Nilz, President Date )ss. County of Pima ) The foregoing instrument was acknowledged before me this day of 2015 by Patrick Nilz, President of MARANA HERITAGE CON- SERVANCY, an Arizona non - profit corporation, on behalf of the corporation. (Seal) Notary Public LIST OF EXHIBITS Exhibit A: Heritage House Licensed Area drawing 00044347.DOC /2 COMMUNITY PARTNER & LICENSE AGREEMENT: MARANA HERITAGE CONSERVANCY 1/$//2016 JF -10- Marana Regular Council Meeting 01 /19/2016 Page 282 of 303 C ) k PARX (N of o sC e JOIN- "S-- Exhibit A JOINT USE J NT I ISF EXCLUSIVE USIF 7�- r Ile r- JOINT USE IN. EXCLUSIVE USE N. A r t�v-E� m/f IZ%M r. JOINT USE I6 EXCLUSIVE USE Marana Re Council Meetin 01 /19/2016 R�- mm ip 1171 WIVAYIO H IDIlt AMA PaaE N O 0 / m - tn. A k 4 0 Council - Regular Meeting A3 Meeting Date: 01/19/2016 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: January 19, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2016 -010 Relating to Development; approving and authorizing the Mayor to execute the Foothills /Tapestry Procedural Development Agreement and Conditional Settlement Agreement for the property located west of Thornydale Road, about a quarter mile north of Moore Road, and about a quarter mile east of Dove Mountain Boulevard (Frank Cassidy) Discussion: Tapestry Properties III LLC owns the 396-acre Tapestry project located north of Butterfly Mountain between Dove Mountain and Saguaro Ranch. The Tapestry project got its original zoning entitlements in 1990 with the adoption of the Foothills Specific Plan, consisting of residential use with a destination resort /hotel site and minor specialty- commercial and office sites and permitting a target of 1471 and a maximum of 1,854 residential dwelling units. In 2006, the Town was taking a Town - initiated downzoning of the Tapestry project through the public hearing process, in the hope of completing it before the effective date of Proposition 207. During that process, the Town was approached by Tapestry representatives with a proposal to restrict development of the Tapestry property using a development agreement, which would allow development at lower density and intensity than allowed under the Foothills Specific Plan but higher than allowed if the Town - initiated downzoning was completed and adopted. The result was the December 5, 2006 Foothills Development Agreement (the "Original Agreement "). Proposition 207, the Private Property Rights Protection Act, was approved by the Arizona voters on November 7, 2006, and became effective on December 11, 2006, when the Governor's proclamation of the canvass of the vote was filed with the Arizona Secretary of State. It requires payment of compensation for any government- initiated reduction of zoning entitlements enacted after the Act's effective date. Marana Regular Council Meeting 01 /19/2016 Page 284 of 303 The Original Agreement was amended twice — in 2008 and 2011. The amendments shifted development around on the Tapestry property and dealt with practical issues with development, but did not in staff's opinion increase the development entitlements of the property. Tapestry Properties now desires to reopen discussion of the development entitlements of the Tapestry project, and prefers to do so by another development agreement amendment. Town staff insists that development entitlements occur through the rezoning process. Tapestry Properties contends that the Original Agreement and its amendments are invalid and unenforceable, and that the Property is restricted only by the Foothills Specific Plan. Town staff disagrees, and believes the Original Agreement and its amendments are valid and enforceable, and must be complied with in the development of the Tapestry property. During discussions, Tapestry Properties representatives have indicated that they would be willing to waive any claims about their zoning entitlements as long as they can end up with an entitlement to 670 residential units on the property, with the right to convert up to 55 acres to non - residential uses by reducing their residential count by two units per acre of non - residential. This would allow Tapestry to be developed as a residential -only project with 670 units, or with a mixed -use project of 560 residential units and 55 acres of non - residential, or something between those two. Town staff analyzed the Tapestry Properties proposal, and concluded that they would support it if certain other matters were adequately addressed — for example, Cayton Road as a through road, the dedication of a public trail, and the possible development of a public trailhead. The Foothills /Tapestry Procedural Development Agreement and Conditional Settlement Agreement presented by this agenda item is the result of Town staff s negotiations with Tapestry Properties. The Agreement doesn't promise approval of Tapestry Properties' proposed rezoning, but it waives application fees for the rezoning and promises staff support as long as the rezoning is consistent with the terms of the Agreement. The Agreement does not bind the Council to the upcoming Tapestry Properties rezoning request. It waives Tapestry Properties' zoning entitlement claims if the entitlements they end up with equal or exceed the entitlements described in the Agreement. The Agreement also addresses other issues involving the development of the Tapestry project. Examples include: • It commits the Town to acquire public sewer easements for the property at the developer's cost if the developer is unable to acquire the easements by negotiation. • It commits the property owner to a 50% open space set -aside and establishes parameters for calculating it. • It describes a construction sales tax reimbursement process for the Cayton Road bridge over the Prospect Wash and for a public trailhead on the Tapestry property, if the Town Council requires the bridge and the trailhead as part of the development. • It allows advance acquisition of the trail, if the Town decides to build it before the Tapestry project moves forward with the subdivision or development plan process. Staff Recommendation: Marana Regular Council Meeting 01 /19/2016 Page 285 of 303 Staff recommends adoption of Resolution 2016 -010, approving the Foothills /Tapestry Procedural Development Agreement and Conditional Settlement Agreement. Suggested Motion: I move to adopt Resolution 2016 -010, approving the Foothills /Tapestry Procedural Development Agreement and Conditional Settlement Agreement. Attachments Resolution No. 2016 -010 Exhibit A to Resolution Exhibit A to Agreement Marana Regular Council Meeting 01 /19/2016 Page 286 of 303 MARANA RESOLUTION NO. 2016-010 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FOOTHILLS /TAPESTRY PROCEDURAL DEVELOPMENT AGREEMENT AND CONDITIONAL SETTLEMENT AGREEMENT FOR THE PROPERTY LOCATED WEST OF THORNYDALE ROAD, ABOUT A QUARTER MILE NORTH OF MOORE ROAD, AND ABOUT A QUARTER MILE EAST OF DOVE MOUNTAIN BOULEVARD WHEREAS TAPESTRY PROPERTIES III, L.L.C., an Arizona limited liability company, owns approximately 395.67 acres of real property located within the corporate limits of the Town, consisting of Pima County Assessor's Parcel Numbers 219 -33 -0010, 219 -33 -0020, 219- 33 -003B, 219 -33 -0040 219 -33 -0050 219 -33 -0060 and 219 -33 -0070, in Section 30, Township 11 South, Range 13 East, G &SRB &M (the "Property "); and WHEREAS the Property was rezoned by Marana Ordinance No. 90.11 to "Foothills Specific Plan," consisting of residential use with a destination resort /hotel site and minor specialty - commercial and office sites and permitting a target of 1471 and a maximum of 1,854 residential dwelling units; and WHEREAS the property owner and the Town entered into the "Foothills Development Agreement" on December 5, 2006, recorded in the Pima County Recorder's office on December 6 2006 at Docket 12945, Page 5263 (the "Original Agreement "); and WHEREAS the Original Agreement was entered into in anticipation of and just prior to the effective date of Proposition 207, the Private Property Rights Protection Act, approved by the Arizona voters on November 7, 2006, and effective on December 11, 2006, when the Governor's proclamation of the canvass of the vote was filed with the Arizona Secretary of State; and WHEREAS the Original Agreement was amended by the First Amendment to Foothills Development Agreement dated December 2, 2008, and recorded in the Pima County Recorder's office on December 30, 2008, at Docket 13464, Page 394 (the "First Amendment "); and WHEREAS the Original Agreement was further amended by the Second Amendment to Foothills Development Agreement dated January 11, 2011, and recorded in the Pima County Recorder's office on January 20, 2011, at Sequence 20110200122 (the "Second Amendment "); and WHEREAS the Original Agreement as amended by the First Amendment and further modified by the Second Amendment significantly reduce the residential development potential of the Property compared to the Foothills Specific Plan; and 00044658.DOCX /1 Marana Resolution No. 2016 -010 - 1 - 1/7/2016 7:55 PM FJC Marana Regular Council Meeting 01 /19/2016 Page 287 of 303 WHEREAS, for various reasons, the property owner contends that the Original Agreement, the First Amendment, and the Second Amendment are invalid and unenforceable, and that the Property is subject only to the zoning regulations set forth in the Foothills Specific Plan; and WHEREAS the Town believes the Original Agreement, the First Amendment, and the Second Amendment are valid and enforceable, and must be complied with in the development of the Property; and WHEREAS the property owner and Town staff have negotiated an Agreement in an attempt to avoid litigation and to resolve their disagreement concerning the zoning entitlements associated with the Property; and WHEREAS the Mayor and Council find that entering into the Foothills /Tapestry Procedural Development Agreement and Conditional Settlement Agreement is 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, ARIZONA, AS FOLLOWS: SECTION 1. The Foothills /Tapestry Procedural Development Agreement and Conditional Settlement Agreement is hereby approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, the Foothills /Tapestry Procedural Development Agreement and Conditional Settlement Agreement attached to and incorporated by this reference in this resolution as Exhibit A, for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution and the agreement it approves. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19 day of January, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00044658.DOCX /1 Marana Resolution No. 2016 -010 Marana Regular Council Meeting 01 /19/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney -2- 1/7/2016 7:55 PM FJC Page 288 of 303 FOOTHILLS /TAPESTRY PROCEDURAL DEVELOPMENT AGREEMENT AND CONDITIONAL SETTLEMENT AGREEMENT TOWN OF MARANA, ARIZONA THIS FOOTHILLS /TAPESTRY PROCEDURAL DEVELOPMENT AGREEMENT AND CONDITIONAL SETTLEMENT AGREEMENT (this "Agreement ") is made by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town ") and TAPESTRY PROPERTIES III, L.L.C., an Arizona limited liability company (the "Property Owner "). The Town and the Property Owner are collectively referred to in this Agreement as the "Parties," either of which is sometimes individually referred to as a "Party." RECITALS A. The Property Owner is the owner of approximately 395.67 acres of real property located within the corporate limits of the Town, consisting of Pima County Assessor's Parcel Numbers 219-33-0010, 219-33-0020 219 -3 3 -003 B, 219-33-0040 219-33-0050 219-33-0060 and 219 -33 -0070, in Section 30, Township 11 South, Range 13 East, G &SRB &M (the "Property "). B. On April 18, 1990, the Mayor and Council of the Town adopted Ordinance No. 90.11, rezoning the Property to "Foothills Specific Plan." In addition to the Property, Ordinance No. 90.11 also included an 18.9 -acre parcel carved out of what is now Pima County Assessor's Parcel Number 219- 33 -003B. This 18.9 -acre parcel that was originally included in the Foothills Specific Plan is now part of Canyon Pass IV -B at Dove Mountain, recorded in the Pima County Recorder's office at Book 59 of Maps and Plats, Page 6, and is not included in the Property. C. The Foothills Specific Plan designates the Property as "primarily residential use with a destination resort /hotel site and minor specialty - commercial and office sites." The Foothills Specific Plan permits a target of 1471 and a maximum of 1,854 residential dwelling units and includes a requirement of 12% open space. Of the total acreage, 267 acres is designated for the residential uses and 147 acres is for the hotel /commercial /office, commercial health spa, roads, open space and other uses. D. The Parties entered into the Foothills Development Agreement on December 5, 2006, recorded in the Pima County Recorder's office on December 6, 2006 at Docket 12945, Page 5263 (the "Original Agreement "). E. The Original Agreement was entered into in anticipation of and just prior to the effective date of Proposition 207, the Private Property Rights Protection Act, approved by the Arizona voters on November 7, 2006, and effective on December 11, 2006, when the Governor's proclamation of the canvass of the vote was filed with the Arizona Secretary of State. F. The Original Agreement was amended by the First Amendment to Foothills Development Agreement dated December 2, 2008, and recorded in the Pima County Recorder's office on December 30, 2008, at Docket 13464, Page 394 (the "First Amendment "). 00043000.DOCX /6 1/12/2016 4:21 PM FOOTHILLS /TAPESTRY PROCEDURAL DEVELOPMENT AGREEMENT AND CONDITIONAL SETTLEMENT AGREEMENT -1- Marana Regular Council Meeting 01 /19/2016 Page 289 of 303 G. The Original Agreement was further amended by the Second Amendment to Foothills Development Agreement dated January 11, 2011, and recorded in the Pima County Recorder's office on January 20, 2011, at Sequence 20110200122 (the "Second Amendment "). H. For various reasons, the Property Owner contends that the Original Agreement, the First Amendment, and the Second Amendment are invalid and unenforceable, and that the Property is subject only to the zoning regulations set forth in the Foothills Specific Plan. I. The Town contends that the Original Agreement, the First Amendment, and the Second Amendment are valid and enforceable, and must be complied with in the development of the Property. J. The Parties enter into this Agreement in an attempt to avoid litigation and to resolve their disagreement concerning the zoning entitlements associated with the Property. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Agreement, the Parties hereby agree as follows: Article 1. Property Owner - Requested Rezoning 1.1. Application for rezoning. Within six months of the effective date of this Agreement the Property Owner shall submit an application for approval of an amended Foothills Specific Plan (the "Amended SP ") to allow the zoning entitlements described in concept below. 1.1.1. Amended SP Sections and reports. The Amended SP will include amendments to the Foothills Specific Plan, including possible changes to the Introduction, Foothills Specific Plan Description, Development Standards and Design Guidelines, Phasing and Implementation sections. No amendment to the Development Capability (Introduction, Existing Conditions or other Inventory Analysis) shall be required as part of the Amended SP. If any additional reports (such as, but not limited to, traffic studies, archaeological reports, or other existing conditions reports) are required as part of the Amended SP, the Town shall accept prior, Town - reviewed reports as long as they are consistent with the Amended SP. 1.1.2. Amended SP Uses. The Amended SP can include the potential for residential, commercial, and /or resort /hotel land uses as discussed below: 1.1.2.1. The Property Owner, in the Property Owner's sole discretion, shall have the right to elect to develop the entire Property for residential uses only up to 670 single - family attached and /or detached dwelling units. 1.1.2.2. The Property Owner, in the Property Owner's sole discretion, shall also have the right to elect to develop single - family attached and /or detached dwelling units along with up to 55 acres of resort /hotel, timeshare, assisted living, condominium, multi - family housing including apartment and related, or ancillary, commercial and office uses ("Non - Residential Uses "). 1.1.2.2.1. The 55 acres is located in the areas of the Property identified in paragraph 1.3 of the Original Agreement as modified by paragraph 2.1 of the First Amendment. The Property Owner shall be entitled to adjust the acreage amounts of 22.7 acres and 32.3 acres as set forth in subparagraphs 2. 1.1 and 2.1.2 of the First 00043000.DOCX /6 1/12/2016 4:21 PM FOOTHILLS /TAPESTRY PROCEDURAL DEVELOPMENT AGREEMENT AND CONDITIONAL SETTLEMENT AGREEMENT -2- Marana Regular Council Meeting 01 /19/2016 Page 290 of 303 Amendment by not more than 10% each, so long as the total acreage of the two areas shall not exceed 55 acres. 1.1.2.2.2. If any portion of the 55 acres is developed with Non - Residential Uses, then the maximum number of single - family detached and /or attached residential units proposed outside of the area dedicated to Non - Residential Uses shall be 670 minus two units for each acre utilized for Non - Residential Uses. Fractions shall be rounded up to the next whole number. Units or rooms in a resort /hotel, timeshare, assisted living, condominium, multi - family housing /apartment located within the Non - Residential Uses area shall not count against the dwelling unit cap. 1.1.2.3. If land, in addition to the Property, is included in the Amended SP, the dwelling unit counts in paragraphs 1.1.2.1 and 1.1.2.2.2 shall apply only to the Property, and not to the additional land. 1.1.3. Open Space. The Amended SP shall require 50% of the Property to be used as permanent open space, subject to the following: 1.1.3.1. The land area of Cayton Road (see paragraph 3.1 below) shall be subtracted from the total land area of the Property before making the open space calculation. 1.1.3.2. For purposes of the 50% calculation, "open space" shall include natural undisturbed open space and functional recreation areas. Functional recreation areas that count as open space include, but are not limited to, public and private open space lands; parks and playgrounds; unpaved pedestrian walkways and riding, hiking, bicycle, equestrian, and other non - motorized vehicle trails (including the Trail referenced in paragraph 1.1.4 below); revegetated underground utility areas; and similar recreational open space uses. The entire land area of the Trailhead (paragraph 3.3 below) shall be considered functional recreation area that counts as open space. "Open space" shall not include any disturbance associated with above - ground utilities, onsite roadways, constructed drainageways, homesites, driveways, landscaping outside functional recreation areas, or any other development - related activity that will occur or has already occurred on the Property. 1.1.4. Trail. The Amended SP will include dedication of a 15 -foot public easement for a hiking /multipurpose trail (the "Trail ") generally located along the western edge of the Prospect Wash, extending from the boundary of the Property at or near the southwest corner of the Property to the boundary of the Property at or near the northeast corner of the Property. Town staff and Property Owner will work together to identify the exact location of the Trail during the Amended SP process. 1.1.4.1. Dedication by plat. If not already acquired pursuant to subparagraph 1.1.4.2 below, the Property Owner shall dedicate the public easement for the Trail on the first subdivision plat or block plat for the Property or by separate instrument concurrently with the Town's approval of the first development plan for the Property. 1.1.4.2. Advance acquisition by the Town. At the Town's option, the Town may purchase the public easement for the Trail for an amount mutually agreed upon by the Property Owner and the Town or for the easement's appraised value as determined in a manner consistent with A.R.S. § 12 -1122 by a licensed appraiser selected by mutual agreement of the Property Owner and the Town. 00043000.DOCX /6 1/12/2016 4:21 PM FOOTHILLS /TAPESTRY PROCEDURAL DEVELOPMENT AGREEMENT AND CONDITIONAL SETTLEMENT AGREEMENT -3- Marana Regular Council Meeting 01 /19/2016 Page 291 of 303 1. 1.5. Any revisions or modifications to the Amended SP as set forth in the application for rezoning that are approved in writing by the Property Owner prior to the effective date of the Amended SP. 1.2. Conditions of rezoning. The Property Owner accepts and acknowledges that the Amended SP may be adopted subject to the following conditions of rezoning: 1.2.1. The standard conditions set forth on the current Town rezoning ordinance template, attached as Exhibit A to and incorporated by this reference in this Agreement. To the extent previously- submitted and approved reports are consistent with the Amended SP, the standard conditions may be modified here to formally accept the approved reports. 1.2.2. Any conditions consistent with and /or implementing paragraph 3.2 below ( "Funding and construction recommendation for Cayton Road). 1.2.3. Any conditions consistent with and /or implementing paragraph 3.3 below ("Trailheact'). 1.2.4. Any other conditions of rezoning approved in writing by the Property Owner prior to the effective date of the Amended SP. 1.2.5. Any other conditions imposed by the Town to protect existing, established legal rights of other affected property owners. 1.3. Other lands. At the Property Owner's option, the Property Owner may seek to rezone additional lands concurrently with and as part of the Amended SP; however, the Town's obligations and commitments under this Agreement apply only to the Property and not to such additional lands. 1.4. Waiver of Town rezoning processing fees. The Town shall waive its standard rezoning application and processing fees for the Amended SP as it applies to the Property. For internal accounting purposes, the fees may be paid by the Town from its general fund or from other sources not directly funded by the Property Owner. 1.5. Town staff support. As long as the Amended SP is submitted to the Town in substantial conformance with this Agreement, Town staff will recommend approval of the Amended SP. The Property Owner understands and acknowledges that the rezoning of land is a legislative process, and that the Town staff's support does not commit the Marana Planning Commission to recommend approval of and does not commit the Marana Town Council to approve the Amended SP. Article 2. Conditional Settlement 2.1. Adoption of the Amended SP. Paragraph 2.4 below ("Waiver and release of claims ") shall be effective automatically on the effective date of the Amended SP, adopted by the Town as described in paragraph 1.1 above ("Applicationfor rezoning ") and with conditions of rezoning no greater than those described in paragraph 1.2 above ( " Conditions of rezoning "). 2.2. Failure to adopt the Amended SP. Paragraph 2.4 below (" Waiver and release of claims ") shall not become effective if the Amended SP is not adopted by the Town as described in paragraph 1.1 above and /or if the Amended SP is adopted with conditions of rezoning greater than those described in paragraph 1.2 above ( " Conditions of rezoning "). 00043000.DOCX /6 1/12/2016 4:21 PM FOOTHILLS /TAPESTRY PROCEDURAL DEVELOPMENT AGREEMENT AND CONDITIONAL SETTLEMENT AGREEMENT -4- Marana Regular Council Meeting 01 /19/2016 Page 292 of 303 2.3. Withdrawal of Amended SP. Property Owner, in its sole and absolute discretion, may at any time during the Amended SP process, including and up to a vote of the Town Council, withdraw the Amended SP application. If such withdrawal occurs, paragraph 2.4 below ("Waiver and release of claims ") shall not become effective. 2.4. Waiver and release of claims. The Property Owner fully and permanently waives any and all claims related to the zoning entitlements and obligations set forth in all of the following, to the extent they differ from the zoning entitlements of the Amended SP: 2.4.1. The Foothills Specific Plan 2.4.2. The Original Agreement 2.4.3. The First Amendment 2.4.4. The Second Amendment Article 3. Other Property - Specific Matters 3.1. Cayton Road. The road referred to in this Agreement as "Cayton Road" is the extension of Thornydale Road, a public roadway, through the Property and connecting to Heritage Club Boulevard, also a public roadway, on the west. Cayton Road is a public connector roadway requested by the Town to create redundant east /west regional connectivity. 3.2. Funding and construction recommendation for Cayton Road. In connection with the Amended SP, Town staff has reviewed the traffic studies for Cayton Road and represents as follows: 3.2.1. Notwithstanding the Property Owner's preference not to construct a through public road on the Property, Town staff anticipates recommending construction of Cayton Road as a two -lane regional public collector road on a 110 -foot right -of -way width through the Property. Cayton Road shall be constructed with a bike lane and multi -use paved asphalt path and up to four traffic calming devices (such as roundabouts, chicanes, or "footballs" reviewed by and acceptable to the Town Engineer) along the roadway. 3.2.2. Town staff shall recommend that the Town reimburse the Property Owner as provided in paragraph 3.4 below ( " Public improvements construction and reimbursement ") for the cost of design and construction of the 100 -year bridge crossing over Prospect Wash (the "Bridge ") that will be required to extend Cayton Road across the Property. 3.2.2.1. The final design of the Bridge shall be approved by the Town Engineer. At the Property Owner's option, the final design of the Bridge may include aesthetic enhancement features, such as (but not limited to) ornamental iron and stone fascia, the cost of which shall be included in the reimbursement. 3.2.2.2. The Bridge and Caton Road linking Heritage Club Boulevard to Thornydale Road shall be substantially completed before a building permit is issued for the SO single family attached or detached residential unit on the portion of the Property located northwest of Prospect Wash and before the 150 single family attached or detached residential unit on the entire Property. Then - existing Non - Residential Uses shall be counted as two units per acre (see subparagraph 1.1.2.2.2 above). 3.3. Trailhead. At the Town's option, the Property Owner shall, concurrently with construction of the Bridge, dedicate to the Town and construct a parking lot and trailhead 00043000.DOCX /6 1/12/2016 4:21 PM FOOTHILLS /TAPESTRY PROCEDURAL DEVELOPMENT AGREEMENT AND CONDITIONAL SETTLEMENT AGREEMENT -5- Marana Regular Council Meeting 01 /19/2016 Page 293 of 303 improvements (the "Trailhead ") along Cayton Road in a location mutually acceptable to the Property Owner and the Town Engineer in the vicinity of the Bridge. If the Town exercises its option to require dedication and construction of the Trailhead, the following shall apply: 3.3.1. The land shall be dedicated to the Town in fee title, free and clear of all liens and encumbrances. 3.3.2. The land dedicated to the Town for the Trailhead shall not affect the dwelling unit counts in paragraphs 1.1.2.1 and 1.1.2.2.2 3.3.3. The final design of the Trailhead shall be approved by the Town Engineer. 3.4. Public improvements construction and reimbursement. The Town shall make Reimbursement Payments to the Property Owner for the Town Public Improvement Costs as follows: 3.4.1. Source of reimbursement; Construction Sales Tax Revenues defined. Reimbursement shall be made only from "Construction Sales Tax Revenues," defined as those portions of the Town's transaction privilege taxes (currently 4 %) generated pursuant to Section 8 -415 or 8 -416 of the Marana Tax Code (or corresponding sections of successor codes) from construction contracting or speculative builder activities occurring on the Property (including but not limited to the construction of the Bridge, the Trailhead, residential units, and Non - Residential Uses, and general site development). 3.4.2. Public improvements construction. As a condition precedent to receiving Reimbursement Payments under this Agreement, the Property Owner shall design and construct the Bridge (see paragraph 3.2.2 above) and (if requested by the Town) the Trailhead (see paragraph 3.3 above) in conjunction with its development of the Property and in accordance with the State of Arizona and the Town public infrastructure construction procurement laws and procedures. 3.4.3. Town Public Improvement Costs defined. The "Town Public Improvement Costs" shall include the sum of all of the following: 3.4.3.1. The Property Owner's costs to design and construct the Bridge and the Trailhead in accordance with paragraph 3.4.2 above ( " Public improvements construction "). 3.4.3.2. The value of the land dedicated to the Town for the Trailhead, in an amount mutually agreed upon by the Property Owner and the Town or for its appraised value as determined in a manner consistent with A.R.S. § 12 -1122 by a licensed appraiser selected by mutual agreement of the Property Owner and the Town. 3.4.3.3. Simple interest at the rate of 3% per annum on the value of the land dedicated to the Town for the Trailhead and on the Property Owner's costs to design and construct the Trailhead in accordance with paragraph 3.4.2 above ( " Public improvements construction "). Interest shall accrue beginning from the first day of the first calendar quarter after the Property Owner dedicates the Trailhead land (see subparagraph 3.3 above). 3.4.4. Reimbursement amount. The Town shall make Reimbursement Payments to the Property Owner for the Town Public Improvement Costs pursuant to paragraph 3.4.6 below. The Property Owner shall submit to the Town quarterly statements showing the actual costs 00043000.DOCX /6 1/12/2016 4:21 PM FOOTHILLS /TAPESTRY PROCEDURAL DEVELOPMENT AGREEMENT AND CONDITIONAL SETTLEMENT AGREEMENT -6- Marana Regular Council Meeting 01 /19/2016 Page 294 of 303 incurred and paid to date for the design and construction of the Bridge and the Trailhead. Quarterly statements shall be provided until the total amount of all Reimbursement Payments to the Property Owner equals the Town Public Improvement Costs, when the Property Owner shall provide a final statement to the Town within 60 days. The Property Owner shall provide the Town with invoices or other backup information reasonably requested by the Town to confirm the accuracy of the Property Owner's quarterly statement of costs and contributions or credits. 3.4.5. Reimbursement Account. The Town shall deposit the Construction Sales Tax Revenues into the Reimbursement Account as they are received from the Arizona Department of Revenue, beginning with the first such revenues generated from construction activities on the Property and ending upon the expiration of this Agreement. Funds in the Reimbursement Account shall be reimbursed to the Property Owner pursuant to paragraph 3.4.6 below. For purposes of this Agreement, the "Reimbursement Account" means a separate account within the Town's General Fund or accounted for by an appropriate book or ledger entry designation for the purpose of making Reimbursement Payments. 3.4.6. Reimbursement Payments. The Town shall pay the Property Owner within the first 30 days of each calendar quarter the lesser of (i) the Town Public Improvement Costs and (ii) all funds in the Reimbursement Account ( "Reimbursement Payments "). Reimbursement Payments shall begin the first calendar quarter after all of the following have occurred: (a) the Property Owner has incurred costs for design or construction of the Bridge or the Trailhead; (b) the Property Owner has submitted the first quarterly statement pursuant to paragraph 3.4.4 above; and (c) the Town has received Construction Sales Tax Revenues generated from construction activities on the Property. Any funds accrued in the Reimbursement Account and owed to the Property Owner for the Town Public Improvement Costs but not yet disbursed to the Property Owner upon the expiration of this Agreement shall be paid to the Property Owner within 30 days after the expiration of this Agreement. 3.4.7. Order of reimbursement. Whenever the Reimbursement Account is insufficient to fully reimburse the Property Owner for all reimbursable costs then paid by the Property Owner, Reimbursement Payments to the Property Owner shall be accounted first to any remaining costs for design and construction of the Bridge, and then to any remaining Town Public Improvement Costs attributable to the Trailhead dedication, design, and construction. 3.4.8. Annual report. Within 45 days following the end of each Town fiscal year, the Town shall deliver to the Property Owner a report of all Construction Sales Tax Revenues generated by or attributable to the Property which have been utilized by the Town in determining the amount deposited into the Reimbursement Account. The report shall be restricted to information that may be released by the Town without violating applicable laws that may prohibit or limit the dissemination or use of transaction privilege tax and related information. The report will not contain information capable of identifying confidential information of any particular taxpayer unless and until the Property Owner has obtained and provided to the Town written waivers of confidentiality sufficient to satisfy the requirements of Arizona Revised Statutes § 42- 2003(A)(6) from each taxpayer whose confidential information is revealed in the report. 3.4.9. Contractor and subcontractor disaggregation of tax information for the Property; release of tax information. The Property Owner shall require each contractor and 00043000.DOCX /6 1/12/2016 4:21 PM FOOTHILLS /TAPESTRY PROCEDURAL DEVELOPMENT AGREEMENT AND CONDITIONAL SETTLEMENT AGREEMENT -7- Marana Regular Council Meeting 01 /19/2016 Page 295 of 303 subcontractor responsible for the payment of construction sales tax for work attributable to the Property to separately report construction sales tax attributable to the Property. The Property Owner shall exercise reasonable efforts to obtain from each contractor and subcontractor doing work attributable to the Property a consent to release of tax information in a form reasonably acceptable to the Town. If the separate report required by this paragraph is not provided to the Town, the Town shall make a reasonable estimate of the Construction Sales Tax Revenues derived from the Property based on all information available to the Town, including information provided by the Property Owner, and the good faith certification by the Town's Finance Director shall be considered final and binding upon the Property Owner. The final certification of the Town's Finance Director shall be subject to all applicable laws that may prohibit or limit the dissemination or use of transaction privilege tax and related information. 3.5. Development impact fees. The Town's infrastructure improvements plan supporting its roadway development impact fees (see A.R.S. § 9- 463.05) does not currently include Cayton Road, and Town staff does not believe that Cayton Road will substitute for or otherwise reduce the need for other roadways in the infrastructure improvements plan for which development fees are being assessed. As a result, no development impact fee credits can be provided to the Property Owner at this time and unless and until the infrastructure improvements plan is amended to add Cayton Road. When the construction of Cayton Road is imminent (as reasonably determined by the Town Engineer), the Town shall amend its infrastructure improvements plan to add Cayton Road upon the Property Owner's written request. The Parties acknowledge that adding Cayton Road to the infrastructure improvements plan could cause an increase in the Town's roadway development impact fee applicable to the Property. 3.6. Exercise of eminent domain for sewer. The Property Owner anticipates the need to acquire one or more public sewer easements across lands south of the Property. The Property Owner will use commercially reasonable efforts to acquire any and all property rights needed to construct offsite public sewers to serve the Property. The Property Owner shall not construct these offsite public sewers until either (i) the Property Owner has acquired the necessary property rights pursuant to this paragraph or, (ii) the Town has obtained possession of the necessary property rights by eminent domain, which the Town shall exercise by filing a condemnation lawsuit in Pima County Superior Court within 180 days after the Property Owner advises the Town in writing that it has been unable to obtain the necessary property rights. If the Town exercises its power of eminent domain pursuant to this paragraph, the Property Owner shall pay all costs of condemnation, including but not limited to the condemnation award to the property owners, costs of litigation, and reasonable attorneys' fees. If the Town settles a condemnation lawsuit, the Property Owner shall pay the settlement costs, provided that those costs do not exceed the higher of (a) 120% of the appraised value of the property rights acquired or (b) an amount approved by the Property Owner. Article 4. General Terms and Conditions. 4.1. Effective date. This Agreement shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Agreement (the "Effective Date "). 4.2. Term. 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 00043000.DOCX /6 1/12/2016 4:21 PM FOOTHILLS /TAPESTRY PROCEDURAL DEVELOPMENT AGREEMENT AND CONDITIONAL SETTLEMENT AGREEMENT -8- Marana Regular Council Meeting 01 /19/2016 Page 296 of 303 be void for all purposes on the third anniversary of the Effective Date, unless the term has been extended by a legislative action by the Marana Town Council before the termination date, or unless before the termination date the Amended SP is adopted by the Town as described in paragraph 1.1 above ("Applicationfor rezoning ") and with conditions of rezoning no greater than those described in paragraph 1.2 above ( "Conditions of rezoning "), in which case this Agreement shall remain in full force and effect until the 25 anniversary of the Effective Date. 4.3. Notice; manner of sewing. All notices, filings, consents, approvals and other communications provided for or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, if to (or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner): To the Town: Town OF MARANA Town Manager 11555 West Civic Center Drive Marana, Arizona 85653 To the Property Owner: TAPESTRY PROPERTIES III, L.L.C. c/o Town West Realty, Inc. 3573 East Sunrise Drive #133 Tucson, Arizona 85718 4.4. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 4.5. Severability. If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. If a law or court order prohibits or excuses the Town from undertaking any contractual commitment to perform any act under this Agreement, this Agreement shall remain in full force and effect, but the provision requiring the act shall be deemed to permit the Town to act at its discretion, and if the Town fails to act, the Property Owner shall be entitled to terminate this Agreement. 4.6. Governing law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation relating to this Agreement shall take place in Pima County, Arizona. 4.7. Interpretation. This Agreement has been negotiated by the Town and the Property Owner, and neither Party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Party. 4.8. Recording. The Town shall record this Agreement in its entirety in the office of the Pima County Recorder no later than ten days after it has been executed by the Town and the Property Owner. 00043000.DOCX /6 1/12/2016 4:21 PM FOOTHILLS /TAPESTRY PROCEDURAL DEVELOPMENT AGREEMENT AND CONDITIONAL SETTLEMENT AGREEMENT -9- Marana Regular Council Meeting 01 /19/2016 Page 297 of 303 4.9. Authority. Each Party represents and warrants that the individual executing this Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. 4.10. Conflict of interest. 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" : THE "PROPERTY OWNER ": THE TOWN OF MARANA, an Arizona municipal TAPESTRY PROPERTIES III, L.L.C., an Arizona corporation limited liability company B Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA County of Pima ) ss By: FOOTHILLS MARANA, L.L.C., an Arizona limited liability company, its Member By: TOWN WEST REALTY, INC., an Arizona corporation, its Manager B James Horvath, President /CEO Date: By: FUTURE OF NEW MEXICO, L.P., a Delaware limited partnership, its Member B Peter Fasseas, General Partner Date: The foregoing instrument was acknowledged before me on , 2016 by James Horvath, President /CEO of TOWN WEST REALTY, INC., an Arizona corporation, Manager of FOOTHILLS MARANA, L.L.C., an Arizona limited liability company, Member of TAPESTRY PROPERTIES, III, L.L.C., an Arizona limited liability company, on behalf of the LLC. (Seal) Notary Public Ed Honea, Mayor 00043000.DOCX /6 1/12/2016 4:21 PM FOOTHILLS /TAPESTRY PROCEDURAL DEVELOPMENT AGREEMENT AND CONDITIONAL SETTLEMENT AGREEMENT -10- Marana Regular Council Meeting 01 /19/2016 Page 298 of 303 STATE OF ARIZONA County of Pima ss The foregoing instrument was acknowledged before me on , 2016 by Peter Fasseas, General Partner of FUTURE OF NEW MEXICO, L.P., a Delaware limited partnership, Member of TAPESTRY PROPERTIES, III, L.L.C., an Arizona limited liability company, on behalf of the LLC. (Seal) Notary Public 00043000.DOCX /6 1/12/2016 4:21 PM FOOTHILLS /TAPESTRY PROCEDURAL DEVELOPMENT AGREEMENT AND CONDITIONAL SETTLEMENT AGREEMENT -I1- Marana Regular Council Meeting 01 /19/2016 Page 299 of 303 Comment [ FC 1 ] : To standardize and simplify formatting, this document was created by using the same standardized paragraph styles we use for Marana resolutions. All of the resolution and ordinance styles begin with "Reso... ". For example, the style of this paragraph is "ResoDocTitle." �V4ARANA ORDINANCE NO. 2015. k ELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY [#] ACRES OF LAND LOCATED [INSERT GENERAL LOCATION], FROM [CURRENT ZONING DESIGNATION] TO [REQUESTED ZONING DESIGNATION]; APPROVING A MINOR AMENDMENT TO THE GENERAL PLAN AMENDING THE LAND USE CATEGORY FROM [CURRENT GP DESIGNATION] TO [REQUESTED GP DESIGNATION]; AND APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE [PROJECT NAME] DEVELOPMENT AGREEMENTI WHEREAS [property owners' names] (collectively the "Property Owners ") own [ #] acres of land located [general location] in Section [ #], Township [ #] South, Range [#] East, described and depicted on Exhibit "A" attached to and incorporated in this ordinance by this reference (the "Rezoning Area "); and WHEREAS the Property Owners have submitted [or "have authorized Planning Consultant /Builder /Developer to submit "] an application to rezone the Rezoning Area from [current zoning designation] to [requested zoning designation] ( "this Rezoning" )�, amend the 2010 Marana General Plan from [current GP designation] to [requested GP designation], and to process a development agreement for the Rezoning Area; and WHEREAS the Marana Planning Commission held a public hearing on this Rezoning on [date], and voted [specify; for example, "6 to 0 with one Commissioner absent "] to recommend that the Town Council approve this Rezoning, subject to the recommended conditions; and WHEREAS the Marana Town Council held a public hearing on this Rezoning on [date] and determined that the requested Specific Plan amendment should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of the Rezoning Area is hereby changed from [current zoning designation] to [requested zoning designation] . Comment [FC2]: The "style" of this ordinance heading ( "ResoTitle ") automatically changes the type to all capital letters. I recommend temporarily changing the style to "ResoBodyText" or "Normal" and entering information here with regular capitalization, and copying this paragraph to the AgendaQuick "Subject" box before changing the style to "ResoTitle." That will ensure that the title of the ordinance and the AgendaQuick "Subject" box are IDENTICAL. Comment [FC3]: Delete this language if there's no change in GP designation and no development agreement Comment [FC4]: Delete this language if there's no change in GP designation and no development agreement Section 2. A minor amendment to the General Plan is hereby approved, changing the General Plan designation of the Rezoning Area from [current GP designation] to [requested GP designation] Comment [FC5]: Delete this paragraph if there's no change in GP designation Section 3. The [project name] 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. Comment [FC6] Delete this paragraph if there no development agreement Section 4. This Rezoning is subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this Rezoning), and which shall be binding on the Exhibit A to Foothills /Tapestry Procedural Development Agreement and Conditional Settlement Agreement Marana Regular Council Meeting 01 /19/2016 Page 300 of 303 Property Owners, [add, if applicable, "the applicant," and any other relevant parties involved in this particular rezoning] and their successors in interest (all of whom are collectively included in the term "Property Owners" in the following conditions): 1. Compliance with all applicable provisions of the Town's codes and ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements and payment of application fees and applicable development impact fees. 2. Any preliminary plat or development plan for any portion of the Rezoning Area shall be in 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 Owners and accepted by the Town Engineer prior to Town approval of a preliminary plat or development plan for any portion of the Rezoning Area. 4. A detailed traffic impact analysis must be submitted by the Property Owners and accepted by Town staff prior to approval of a preliminary plat or development plan for any portion of the Rezoning Area. 5. A water infrastructure and phasing plan (WIP) must be submitted by the Property Owners and accepted by [the Marana Utilities Department /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 Owners must enter into a water service agreement with the water provider consistent with the accepted WIP. 6. A master sewer plan must be submitted by the Property Owners and accepted by the [ Marana Utilities Department/Pima County Regional Wastewater Reclamation Department] (the "wastewater utility ") prior to the approval of any final plat or development plan for the Rezoning Area. The master sewer plan shall identify all on -site and off -site wastewater facilities needed to serve the proposed development, and shall include all information required by the wastewater utility. If the wastewater utility requires a sewer service agreement as a condition of service to the proposed development, the Property Owners must enter into a sewer service agreement with the wastewater utility consistent with the accepted master sewer plan. 7. The Property Owners must design and construct any roadway, drainage, water, and wastewater improvements, and dedicate or acquire any property rights associated with those improvements, that the Town requires based on the data and findings of the accepted traffic impact analysis, the accepted master drainage study, the accepted WIP, the accepted master sewer plan, and other studies approved in connection with the approval of a preliminary plat or development plan for any portion of the Rezoning Area. 8. The final design of all streets and circulation facilities, including gated access (if applicable) and emergency access, must be accepted by the [name] Fire District prior to Town Council consideration of a final plat for any portion of the Rezoning Area. Exhibit A to Foothills /Tapestry Procedural Development Agreement and Conditional Settlement Agreement Marana Regular Council Meeting 01 /19/2016 Page 301 of 303 9. The maximum number of residential lots within the Rezoning Area shall not exceed [ #]. comment [FC>]: Modify or delete for non - residential rezoning applications 10. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the Property Owners from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The Property Owners should retain appropriate experts and consult appropriate federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 11. The Property Owners shall transfer to Marana, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II for the Town providing designation of assured water supply and water service to the Rezoning Area. If Type I or Type II is needed on the Rezoning Area, the Town and the Property Owners shall arrive at an agreeable solution to the use of those water rights appurtenant to the affected portion of the Rezoning Area. 12. Prior to the issuance of any grading permits, the Property Owners shall submit evidence to the Town that all federal permit requirements have been met through the Corps of Engineers and the State Historic Preservation Office, if federal permits are required for the development of the Rezoning Area. 13. A 100% clearance survey for the desert tortoise shall be completed by a qualified biologist at the Property Owners' expense and a survey report shall be submitted to the Town and to the 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 Owners shall immediately notify the Town and AZGFD, and the tortoise shall be moved in accordance with the most current AZGFD Tortoise Handling Guidelines at the Property Owners' expense. 14. The Property Owners shall not cause any lot split of any kind without the written consent of the Town of Marana. 15. Within 60 days after the adoption of this ordinance, the Property Owners shall provide the Planning Department with 10 bound copies, three electronic CD copies in PDF format which will also include graphics of the tentative development plan in JPEG or other suitable format of the [project name] Specific Plan as amended by this ordinance. comment [FCS]: Delete this paragraph unless the ordinance approves a rezoning to F Specific Plan 16. The Property Owners shall submit an annual report within 30 days of the anniversary of the Town Council's approval of the [project name] Specific Plan in accordance with the requirements defined in the Land Development Code.l comment [FC9]: Delete this paragraph unless the ordinance approves a rezoning to F Specific Plan 17. ^Add or delete as necessary. Section 5. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Exhibit A to Foothills /Tapestry Procedural Development Agreement and Conditional Settlement Agreement Marana Regular Council Meeting 01 /19/2016 Page 302 of 303 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this ^ day of'`, 2015. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Exhibit A to Foothills /Tapestry Procedural Development Agreement and Conditional Settlement Agreement Marana Regular Council Meeting 01 /19/2016 Page 303 of 303