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Home My WebLink AboutTapestry Specific Plan Approved 1/19/2017No table of contents entries found.Cover Tapestry Specific Plan Marana, Arizona Submitted to: Town of Marana Planning Department 11555 West Civic Center Drive Marana, Arizona 85653 Prepared for: Town West Realty 3002 N. Campbell Avenue #200 Tucson, AZ 85719 Telephone: 520-615-7707 office Email: jim@townwestrealty.com Prepared by: The Planning Center 2 East Congress Street, Suite 600 Tucson, Arizona 85701 Telephone: (520) 623-6146 Email: lmorales@azplanningcenter.com and Lazarus, Silvyn & Bangs 5983 East Grant Road Suite 290 Tucson, Arizona 85712 Telephone: (520) 207-4464 Email: ksilvyn@lsblandlaw.com Town of Marana Case Number: PCZ1607-001 F. ANN RODRI RECORDER Recorded By: ACA DEPUTY RECORDER 4948 SMARA. TOWN OF MARANA PI CKUP I' Y •r SEQUENCE: NO. PAGES: ORDIN PICK UP AMOUNT PAID: 20170190097 7 01/19/2017 9 :50:35 8.00 J MARANA ORDINANCE NO. 2017.003 REI- ..ATIN•G TO DEVELOPMENT; APPROVING AN AMENDMENT To rFHE FOOTHILLS SPECIFIC; PLAN INCLUDING COMPREHENSIVE REVISIONS TO DEVELOPMENT S`•I "'ANDARDS AND DESIGN GUIDELINES, AND A NAME CHANGE OF THE PLAN TO 4"APESTRY SPECIFIC PLAN, FOR APPROXIMATELY 395 ACRES OF PROPERTY LOCA"FED WEST OF rT 1_1ORNYDALE ROAD AND APPROXIMATELY ONE QUARTER MILE NORTH OF MOORE ROAD WHEREAS Tapestry Properties I11, L.L.C., an Arizona limited liability company, (the Property Owner "), owns approximately 395 acres of property located west of Thornydale Road and approximately a quarter mile north of Moore Road within Section 30, Township I I South, and Range 13 East, described and depicted on Exhibit "A" attached to and incorporated in this ordinance by this reference (the "Rezoning Area' ); and WHEREAS the Property owner has authorized the Planning Center to submit an application for rezoning ( "this Rezoning ") to amend the Foothills Specific flan and make comprehensive revisions to the development standards and design guidelines as well as change the name of the plan to Tapestry Specific Plan; and WHEREAS the Marana Planning Commission held a public hearing on December 21, 2016, and voted 5 to 0 to recommend that the Town Council approve this Rezoning subject to the recommended conditions and additional conditions; and WHEREAS further adjustments and clarifications have been. made to the development standards and grammatical corrections made within the document since the public hearing before the Marana Planning Commission; and WHEREAS the Planning Director has determined that the adjustments and revisio proposed since the Marana Planning Commission's December 21, 2016 public hearing do not individually or collectively constitute a substantial change to this Rezoning as heard by the Marana Planning Commission; and WHEREAS the Marana Mayor and Town Council held a public hearing on ,January 17, 201.7 and determined that this Rezoning should be approved. Now, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe ' of Marana, Arizona, as follows Section 1. The Foothills Specific Flan is hereby amended and renamed the "Tapestry Specific Plan," whose terms and provisions are set forth in an approximately 169 -page document which is hereby adopted and establishes the zoning regulations applicable to the Rezoning Area, Section 2. 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 0005031 1.D0(X 11 Marana Ordinance NCB. 20 17.003 1/11/20 4:071'M BVI1 C`t Code (but which shall not cause a reversion of this Rezoning), and which shall be binding on the Property owner and its successors in interest (all of whom are collectively included in the terra. Property owners" in the following conditions): I. 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 conceptual development plan presented to and approved by the Town Council as part of this Rezoning. 3, A master drainage study must be submitted by the Property owner and accepted by the Town Engineer prior to Town approval of a preliminary plat or development plan for any portion of the Rezoning Area. 4. A water infrastructure and phasing plan (WIP) must be submitted by the Property owner and accepted by Tucson water (the "water provider ") prior to approval of a preliminary plat for any portion of the ]rezoning Area. The WIP shall identify all on -site and off-site water facilities needed to serve the proposed development. The WIP shall include all information required by the water provider, such as (but not limited to) analysis of water use and fire flow requirements, and well source, reservoir, and booster station infrastructure needed to serve the proposed development. If the water provider requires a water service agreement as a condition of service to the proposed development, the Property owner must enter into a water service agreement with the water provider consistent with the accepted WIP. 5. A master sewer plan must be submitted by the Property owner and accepted by Pima County Regional wastewater Declamation 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 owner must enter into a sewer service agreement with the wastewater utility consistent with the accepted master sewer plan. 6. The Property owner must design and construct any roadway, drainage, water, and wastewater improvements, and dedicate or acquire any property rights associated with those improvements, that the Town requires based on the data and findings of the accepted traffic impact analysis, the accepted plaster 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), 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 lots within the Rezoning Area shall be consistent with the approved specific plan and the Foothills 1 Tapestry Procedural Development Agreement and Conditional Settlement Agreement. 0005031 LD0CX I1 Marana Ordinance No. 2017,003 -2- 1/11/2017 4:07 I'M BVIFC 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 owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean water Act. The Property owner 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 owner shall transfer to Marana, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type 11 for the Town providing designation of assured water supply and water service to the Rezoning Area. If Type I or Type 11 is needed on the Rezoning Area, the Town and the Property owner 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 owner shall submit evidence to the Town that all federal permit requirements have been met through the Corps of Engineers and the State Historic preservation office, if federal permits are required for the development of the Rezoning Area. 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 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 owner shall immediately notify the Town and the AZGFD, and the tortoise shall be moved in accordance with the most current Z(;FD Tortoise Handling Guide nines at the Property owners expense. 13. The Property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 14. A. Native Plant Program (NPP) in accordance with the Marana Land Development Code must be submitted and approved by the Town of Marana during the review of subdivision plats for the Rezoning Area. 15. A. natural bufferyard at a depth varying between 20 feet and 30 feet shall be provided along the west property boundary adjacent to existing residential development in The Bluffs at Dove Mountain Phase I1. 16. The Rezoning Area shall have a minimum of 45% open space, with a target of 50% open space. Before the Town issues a building permit for the 300th residential unit on the Rezoning Area, the Property owner shall submit to the Planning Director documentation showing how the project will achieve 50/0 open space, or shall provide evidence satisfactory to the Planning Director and Town Engineer that 50% open space is not practicable based on the site constraints of the property and the ability to achieve the lot yield as set forth in paragraph 1.1.2 of the Foothills /Tapestry Procedural Development. Agreement and Conditional Settlement .Agreement ( "Settlement Agreement "). For purposes of this paragraph, open space shall be determined as set forth in paragraph 1..1.3 of the Settlement Agreement. 0005 031 1. DOCX /I Marana Ordinance No. 2017.003 -3 - 1/11/2017 4:07 1'M UVII -'C 17. The intersections of Thorn Road/Moore Road and Dove Mountain Boulevard/ Herita Club Boulevard shall be re-anal at the development plan sta to determine if further intersection improvements are re 18. The Propert Owner shall construct Ca Road as a two-lane strip-paved roadwa asphalt over base course in accordance with the approved g eotechnical report no curbs or sidewalks between the east boundar of the Rezonin Area and Thorn Road. 19. Final a with all nei propert owners shall be incorporated into the Tapestr Specific Plan document and the development standards, includin a upon setbacks and buildin hei restrictions, shall be updated accordin 20. Within 60 da after the adoption of this ordinance, the Propert Owner shall provide the Plannin Department with ten bound copies and three electronic CD copies in PDF format of the Tapestr Specific Plan document as amended b this ordinance and b the Marana Town Council action approvin this ordinance. Section 3. All ordinances,, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this ordinance are hereb repealed, effective as of the effective date of this ordinance. Section 4. If an section, subsection, sentence, clause, phrase or portion of this ordinance is for an reason held to be invalid or unconstitutional b the decision of an court of competent jurisdiction, such decision shall not affect the validit of the remainin portions hereof. PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona, this 17"' da of Januar 2017. ATTEST: Ma Ed Hohea 0005031 I.DOCX /1 Marana Ordinance No. 2017,003 - 4 - 1/11/2017 4:07 PM BV/FC Commitment for Title Insurance FimtAmerican Title First American Title Insurance Company Exh Order No.: 60014245- 001 -RS -BW LEGAL DESCRIPTION The Land referred to herein below is situated in the County of Pima, State of Arizona, and is described as follows: Parcel 14 Lot 3, Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, TOGETHER WITH a non - exclusive easement for ingress, egress, and utilities over the North 50 feet of the South half of the Southwest quarter of the Northeast quarter of Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying West of that 60 foot roadway described in Docket 4523 Page 293, Pima County Records. TOGETHER WITH a non - exclusive easement for ingress, egress, and utilities over the South 50 feet of the Northwest quarter of the Southeast quarter of Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, pima County, Arizona; EXCEPT the East 50 feet thereof and the East 50 feet of the Northwest quarter of the Southeast quarter of Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying South of that 60 foot roadway described in Docket 4523 Page 293, Pima County Records. av arb 21) Parcel 2; The South half of the Southeast quarter of the Northwest quarter and the Northeast quarter of the Southwest quarter, all in Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona. TOGETHER WITH a non - exclusive easement for ingress, egress, and utilities over the North 50 feet of the South half of the Southwest quarter of the Northeast quarter of Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying vilest of that 60 foot roadway described in Docket 4523 Page 293, Pima County Records. TOGETHER WITH a nonexclusive easement for ingress, egress, and utilities over the South 50 feet of the Northwest quarter of the Southeast quarter of Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona; EXCEPT the East 50 feet thereof and the East 50 feet of the Northwest quarter of the Southeast quarter of Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying South of that 60 foot roadway described in Docket 4523 Page 293, Pima County Records. Ov arb 15, 23) Parcel 3: The South half of the Southwest quarter of the Northeast quarter and the Northwest quarter of the Southeast quarter, all in Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona. Form 5011600 -A (7 -1 -14) Page 4 ALTA Commitment (6.17 -06) Exhibit A r Commitment for Title Insurance BYFirstAmericanTitle First American Title Insurance Compan Exhibit A (Continued) Order No.: 60014245- 001 -RS -BW Ov arb 18) Parcel 4: The South half of the Northeast quaver of the Northeast quarter and the North half of the Southeast quarter of the Northeast quarter and the North half of the South half of the Southeast quarter of the Northeast quarter, all in Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona. EXCEPT the East 75.00 feet. Ov arb 6) Parcel 5: Lot 1, Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona. EXCEPT that portion described in Docket 11144 Page 2792, re-recorded in Docket 11278 Page 2450, rerecorded in Docket 11468 Page 2102, Pima County Records. FURTHER EXCEPT that portion described in Docket 11144 Page 2797, Pima County Records. FURTHER EXCEPT that portion described in Docket 11146 Page 1606, Pima County Records. av arb 26) Parcel 6: Lot 2, Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, av arb 24) Parcel 7: The North half of the Northeast quarter of the Northeast quarter and the Northwest quarter of the Northeast quarter of Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona. EXCEPT therefrom any portion thereof lying within Thornydale Road. Ov arb 8, 9) Parcel 8: The Northeast quarter of the Northwest quarter of Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona. Form 501160 0-A (7w1 -14) Page 5 ALTA Commitment (6- 17 -06) Exhibit A AmegfC Commitment for Title Insurance ... .... . . ......... . FirstAmerican Title' BY ... .. ... ISM First American Title Insurance company Exhibit A (Continued) Order No.: 50014245- 001 -RS -Bw av arb 11) Parcel 9: The North half of the Southwest quarter of the Northeast quarter and the North half of the Southeast quarter of the Northwest quarter, all in Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona. Ov arb 10, 12} TOGETHER WITH a non - exclusive easement for ingress, egress, and utilities over the Sough 30 feet and the East 30 feet of the South half of the Northwest quarter of the Northeast quarter of said Section 30, FURTHER TOGETHER WITH a non-exclusive easement for ingress, egress, and utilities over the South 30 feet of the North half of the Northeast quarter of the Northeast quarter of said Section 30. Farm 5011600 -A (7 -1 -14) Page 0 ALFA commitment (6- 17 -06) Exhibit A Tapestry Specific Plan Table of Contents i Section I. Introduction ................................................................................................................... 1 A. Specific Plan Background ............................................................................................................................ 2 B. Specific Plan Authority & Scope ................................................................................................................... 3 C. Specific Plan Vision ...................................................................................................................................... 3 Section II. Development Plan ........................................................................................................ 7 A. Purpose and Intent ....................................................................................................................................... 8 B. Design Principles to Implement Specific Plan Vision .................................................................................. 8 C. Relationship to Adopted Plans ..................................................................................................................... 9 1. Marana General Plan .......................................................................................................................... 9 2. Marana Strategic Plan ........................................................................................................................ 9 3. Habitat Conservation Plan .................................................................................................................. 9 4. Dove Mountain & Saguaro Ranch Specific Plans ............................................................................ 10 5. Adjoining Development Compatibility ............................................................................................... 10 D. Land Use Concept Plan ............................................................................................................................. 11 E. Circulation Concept Plan ............................................................................................................................ 19 F. Open Space, Recreation and Trails Concept ............................................................................................ 23 G. Landscape Concept ................................................................................................................................... 26 H. Topography ................................................................................................................................................ 26 I. Grading Concept ........................................................................................................................................ 27 J. Post-Development Hydrology .................................................................................................................... 30 K. Vegetation & Wildlife .................................................................................................................................. 34 L. Viewsheds .................................................................................................................................................. 34 M. Cultural Resources ..................................................................................................................................... 34 N. Public Services and Utilities ....................................................................................................................... 35 1. Police Service ................................................................................................................................... 35 2. Fire Service ....................................................................................................................................... 35 3. Schools ............................................................................................................................................. 37 4. Water ................................................................................................................................................. 37 5. Wastewater ....................................................................................................................................... 39 6. Other Private Utilities ........................................................................................................................ 39 7. Sanitation and Recycling Services ................................................................................................... 39 Section III. Development Regulations ........................................................................................ 42 A. Purpose and Intent ..................................................................................................................................... 43 B. General Provisions ..................................................................................................................................... 43 1. Applicable Codes .............................................................................................................................. 43 2. Additional Uses ................................................................................................................................. 43 C. Development Regulations .......................................................................................................................... 44 1. General Development Standards ..................................................................................................... 44 Tapestry Specific Plan Table of Contents ii 2. Estate Lots (EL) ................................................................................................................................ 44 3. Medium Density Residential (MDR) ................................................................................................. 46 4. Potential Activity Center (PAC) ......................................................................................................... 50 5. Open Space (OS) ............................................................................................................................. 55 6. Landscaping Standards .................................................................................................................... 56 7. Parking Standards ............................................................................................................................ 61 8. Lighting Standards ............................................................................................................................ 61 9. Signage Standards ........................................................................................................................... 61 D. General Design Standards ......................................................................................................................... 61 E. Additional Design Standards ...................................................................................................................... 61 F. Town Subdivision Requirements ............................................................................................................... 62 1. Provision of Recreational Area and Open Space Ownership .......................................................... 62 2. Off-Site Trail Access and Maintenance ............................................................................................ 62 Section IV. Implementation and Administration ....................................................................... 63 A. Purpose ...................................................................................................................................................... 64 B. General Implementation ............................................................................................................................. 64 C. Interpretation............................................................................................................................................... 64 D. Administrative Change ............................................................................................................................... 65 E. Substantial Change/Specific Plan Amendment ......................................................................................... 65 F. Definitions ................................................................................................................................................... 66 G. Bibliography ................................................................................................................................................ 67 Section V. Appendices ................................................................................................................ 68 Appendix A: Settlement Agreement ............................................................................................... 69 Appendix B: Site Resource Inventory ............................................................................................ 86 ....................................................................................................................................................... 87 Appendix C: 404 Jurisdictional Delineation .................................................................................. 104 Appendix D: Neighbor Agreement; Settlement Agreement and Declaration of Covenants, Conditions and Restrictions ......................................................................................................... 109 Appendix E: Neighbor Agreement; Agreement Between Tapestry Properties III, LLC and Certain Canyon Pass Property Owners Regarding the Tapestry Specific Plan Approval Process ........... 131 Appendix F: Neighbor Agreement; Agreement Between Tapestry Properties III, LLC and Certain Property Owners to the South Regarding the Tapestry Specific Plan Approval Process ............. 147 Appendix G: Prohibited Plant List ................................................................................................ 165 Appendix H: Neighbor Agreement; Agreement Between Tapestry Properties III, LLC and the Stewart Title and Trust Trust 3636 Regarding the Tapestry Specific Plan Approval Process ...... 167 List of Exhibits Tapestry Specific Plan Table of Contents iii Exhibit I.A.1: Regional Context ............................................................................................................................ 5 Exhibit I.A.2: Local Context ................................................................................................................................. 6 Exhibit II.D.1: Conceptual Land Use Plan ......................................................................................................... 17 Exhibit II.D.2: Neighbor Agreements ................................................................................................................. 18 Exhibit II.E.1: Circulation Plan ........................................................................................................................... 21 Exhibit II.E.3: Cayton Road Cross Section (90’ ROW) ...................................................................................... 22 Exhibit II.F: Open Space, Recreation and Trails Plan ....................................................................................... 25 Exhibit II.I: Grading Concept............................................................................................................................... 29 Exhibit II.J.1: Post Development Hydrology Map ............................................................................................... 32 Exhibit II.J.2: Hydrology Cross-Sections ............................................................................................................ 32 Exhibit II.K.2: Fire Service and Schools ............................................................................................................ 36 Exhibit II.K.4: Water Service Letter ................................................................................................................... 38 Exhibit II.K.5.a: Existing Sewer Facilities .......................................................................................................... 40 Exhibit II.K.5.b: Wastewater Letter ..................................................................................................................... 41 Exhibit III.C.6: TSP Perimeter Landscape Bufferyards ...................................................................................... 60 List of Tables Table II.D: Land Use Summary .......................................................................................................... 15 Table III. C.6: TSP Perimeter Landscape Bufferyards ........................................................................... 58 Tapestry Specific Plan Introduction I-1 Section I. Introduction Tapestry Specific Plan Introduction I-2 A. Specific Plan Background The Tapestry Specific Plan (the “TSP” or “Specific Plan”) is a comprehensive planning guideline and regulation for the development of approximately 395 acres located in the Town of Marana (the “Town”) east of Interstate 10, less than one-mile north of the Moore Road and Thornydale Road intersection (the “Property”). (See Exhibit I.A.1: Regional Context and Exhibit I.A.2: Local Context.) The TSP was developed by identifying the opportunities and constraints on the Property, reviewing the adjacent land uses and policies in the Marana 2010 General Plan, and then establishing a thoughtful land use plan with appropriate development and design standards. The TSP is a regulatory plan that will be adopted by ordinance. Once adopted, the TSP will supersede all existing zoning for the site and will be a regulatory instrument for the Town of Marana. The Property was originally envisioned as a high density/intensity area for future growth within the Town. The Foothills Specific Plan (“FSP”) is the current regulation for the Property having been adopted in 1989. The existing FSP targets the Property with approximately 1471 and a maximum of 1854 residential dwelling units, 12% open space, and 147 acres for hotel/commercial/office, commercial health spa, roads, open space and other uses. The TSP is more consistent with current and future Town vision for this area that takes into consideration the sensitive features of the site, surrounding development, and the current market. The TSP represents an opportunity to promote cluster development that is consistent with adjacent specific plans and subdivisions while providing more open space in the most optimal locations and significantly increasing the amount of open space proposed in the originally approved FSP from 12% open space to a minimum of 45% open space. In accordance with the Settlement Agreement found in Appendix A, a maximum 670 attached and/or detached residential units is proposed with capacity for 55 acres of potential activity center uses. The 55 acres may consist of resort/hotel, timeshare, assisted living, condominium, multi-family housing, including apartments, and related, or ancillary, commercial and office uses (''Non-Residential Uses"). Tapestry Specific Plan Introduction I-3 B. Specific Plan Authority & Scope Authority for the development of this Specific Plan is set forth in Title 9 of the Arizona Revised Statutes. As per Section 9-461.08, specific plans shall be prepared based on the General Plan and drafts of such regulations, programs and legislation as may be required for the systematic execution of the General plan, upon which the legislative body approves and adopts a specific plan. Title 5 of the Town Land Development Code provides uniform procedures and criteria for the preparation, review, adoption and implementation of specific plans for the Town. In consonance with these statutes and ordinances, the Town Planning Commission and the Town Council will conduct public hearings, after which the Specific Plan may be adopted and become effective. C. Specific Plan Vision The TSP is a master planned community with an overall density of 2 residences per acre and approximately 55 acres of potential activity center uses, which includes both residential and non-residential uses. By adhering to the Town’s General Plan policies, the TSP will provide the ability to adapt to the future and respond to change as the Town’s needs begin to shift. The TSP enhances the opportunity for the Town to deliver public services in this area more efficiently through appropriate extensions of infrastructure, and establishment of open space and amenities for the new and existing community. The Conceptual Land Use Plan highlights a maximum of 670 single family attached and detached units with a minimum of 45% open space, and potential activity center permitting up to 55 acres of both residential and non- residential uses, such as but not limited to assisted living facilities, hotel, and active adult residential communities. The potential activity center uses are intended to complement the single family residential uses within the TSP and the surrounding communities. Given the Property’s rugged terrain and proximity to vital wildlife corridors, the TSP will set aside significant portions of open space contained within wash areas, steeper slopes and rock outcrops, archaeological sites, significant native vegetation and on-site wildlife corridors. Objectives of the TSP are as follows: • Create a unique sense of place using design standards and guidelines that preserve and feature the natural beauty of the Property, including the washes, riparian areas and rock outcroppings. • Provide meaningful open space that allows for wildlife movement across the Property through the Prospect Wash while preserving a large portion of the remaining native vegetation. • Maximize the spectacular views of the Tortolita Mountains and the surrounding peaks and ridges in all directions, affording off-site views from all lots throughout the proposed community. • Promote coordinated, respectful and responsible planning using consistent and interrelated policies, development standards and regulations, and design standards. Tapestry Specific Plan Introduction I-4 • Process and implement the Specific Plan to be compatible with the density of the surrounding area and with development standards and guidelines that allow for anticipated growth. • Develop guidelines for enhancing new development and mitigating potential impacts on existing residents adjacent to the Property through, for instance, the provision of natural open space and adequate grade differential to reduce the visibility of proposed homes from the sight lines of adjacent residences. • Encourage a diverse community that provides a variety of housing types and densities, potential employment and investment opportunities. • Encourage the efficient use of land, energy and natural resources to sustain the longevity of the development and reduce costs. Tapestry Specific Plan Introduction I-5 Exhibit I.A.1: Regional Context Tapestry Specific Plan Introduction I-6 Exhibit I.A.2: Local Context Tapestry Specific Plan Development Capability Report II-7 Section II. Development Plan Tapestry Specific Plan Development Plan II-8 A. Purpose and Intent The Development Plan for the TSP establishes standards and guidelines to ensure that development of the Property is consistent with the vision and intent of the Town’s General Plan, Town of Marana Strategic Plan, meets the needs of the community, and appropriately considers adjacent development, the environment and Property-specific conditions. This Development Plan responds to the opportunities and constraints analysis, technical research, and community values by establishing a master plan for development with regulations and controls for the Property. Once approved, the Specific Plan describes the planning considerations for parcels, imposes controls on the development of such parcels and will then be implemented accordingly through the final plat(s). The boundaries of this Specific Plan are shown on Exhibit I.A.2: Local Context. B. Design Principles to Implement Specific Plan Vision The vision of the TSP will be implemented by adhering to the Town’s General Plan through the incorporation of the following measures: • Foster thoughtful site planning to promote an appealing development while enhancing the Property’s natural Sonoran Desert character through evaluation of appropriate site disturbance standards and preservation of significant vegetation, archaeological sites, rock outcroppings and native plants. • Provide view openings of the majestic mountain backdrop to foster a sense of place and allow for visual amenity. • Cluster development outside sensitive areas of the Property to increase preservation of open space from 12% in the FSP to a minimum of 45%. • Minimize impact for adjacent neighbors with buffers and protection of undisturbed open space areas adjacent to existing development. • Preserve, protect, or conserve areas of high-value habitat and wildlife movement linkages as identified in the Town’s Draft Habitat Conservation Plan (HCP) and the Town Parks, Recreation, Trails, and Open Space Master Plan. Preserve and protect existing natural drainage systems as identified in the Town’s Draft HCP riparian map. • Focus development on flatter portions of the Property, minimize cut and fill, and avoid development on steeper slope areas to preserve vistas from other properties. • Provide a dedicated 15 foot public easement for a hiking/multi-purpose trail generally located along the western edge of the Prospect Wash, extending from the southwest property boundary to the northeast property boundary. Tapestry Specific Plan Development Plan II-9 C. Relationship to Adopted Plans 1. Marana General Plan The TSP is located within the Planning Area boundary of the 2010 Marana General Plan and is designated as master planning area (MPA) within the Northeast Growth Area between two master planned communities, Dove Mountain and Saguaro Ranch. The purpose of the MPA is to allow flexibility in site planning and design. The MPA is utilized for sites, such as Tapestry, to preserve the sensitive natural areas and contiguity of natural undisturbed open space (NUOS) by clustering development, which results in the best mix of development and conservation. 2. Marana Strategic Plan The TSP supports the following areas of the Marana Strategic Plan: Commerce – Construction of proposed community will provide jobs as well as revenue to the Town through construction sales tax and development services fees. Community – This mixed-use master planned community will provide additional housing choices, such as but not limited to single family detached and attached, resort/hotel, timeshare, assisted living, condominium, with the possibility of multi-family housing including apartments, as well as ancillary, commercial and office uses in the scenic foothills of the Tortolita Mountains, attracting new residents to the Town. Offering a range of lot sizes and housing types to accommodate homebuyers at varying income levels will create a diverse community, satisfying goals outlined in the Town of Marana General Plan. Careful development of the site with most of the development areas consisting of gated enclaves will ensure the preservation of the more environmentally sensitive areas beyond the site, as well as the suburban lifestyle of existing residents. Progress/Innovation – Dedication to a conscientious approach to responsible development, high-performing homes and cost saving for potential future homebuyers reflects the intent of the TSP. The community will strive to incorporate sustainable building practices such as the use of energy efficient construction materials and appliances as well as innovative and compact site design to decrease energy usage, minimize impact to the environment, conserve water and promote healthy lifestyles. Recreation – A trail easement will be provided along the Prospect Wash from the western to the eastern boundary of Tapestry to ultimately connect to Tortolita Mountain Park. 3. Habitat Conservation Plan The Town’s Draft Habitat Conservation Plan (HCP) maps endangered species and outlines conservation and mitigation strategies. The draft HCP has been available for Tapestry Specific Plan Development Plan II-10 public review since 2009 and was taken into consideration during the design of the Specific Plan. According to the HCP mapping, the Property is within Zone 2 of the HCP. A minimum of 45% open space will be set aside, which is a 33% percent increase from the existing FSP. Also as shown Exhibit II.D: Land Use Concept Plan, the wash corridors are all part of the open space commitment. 4. Dove Mountain & Saguaro Ranch Specific Plans Tapestry is located between two other master planned developments, Dove Mountain Specific Plan and Saguaro Ranch. Dove Mountain, which borders Tapestry to the west and north, is a community of over 3,000 residents encompassing over 6,200 acres. The land uses include varying residential densities from large lot to multi-family dwelling apartments, commercial, golf course, active adult communities, and is home to the world-renowned Ritz-Carlton. Saguaro Ranch, located across Thornydale Road and spanning north to the Tortolita Mountain Park is a gated residential community with varying residential densities from 36-acre ranchettes to attached casitas units. 5. Adjoining Development Compatibility Development immediately surrounding Tapestry is predominantly single-family residential. The lot sizes within the vicinity of the Property vary from 6,000 square-foot lots to one-acre in size and greater. The intent of this Specific Plan is to provide a transition from the existing densities at Dove Mountain Specific Plan to the lower densities at Saguaro Ranch, while still providing some original planning and design elements that are Property-specific. Developments immediately surrounding the Property include: • Canyon Pass at Dove Mountain and undeveloped land bordering the Property to the north. The gross density of the Canyon Pass Phase IV-B development north of the Property is 0.43 RAC. Future development is unlikely on the undeveloped land north of the Property due to topographic constraints. • The Bluffs at Dove Mountain border the Property to the west. Several rock outcrops, peaks and hillslopes provide visual and physical separation between these homes and the Property. The subdivision is of similar design and densities to the TSP in that the homes are clustered to provide for larger amounts of open space in the more sensitive areas of that site. The gross density of the Bluffs at Dove Mountain is 1.54 RAC. • The Butterfly Mountain development borders the southern boundary of the Property and has a gross density of 0.29 RAC. Because this is a flatter area of the Property, additional screening, open space and setbacks will be utilized adjacent to Butterfly Mountain to provide appropriate buffers. • The Saguaro Ranch South development and vacant land border the eastern boundary of the Property. Saguaro Ranch South has a gross density of 0.18 Tapestry Specific Plan Development Plan II-11 RAC. Several rock outcrops, peaks and hillslopes in addition to large setbacks provide visual and physical separation from existing homes. D. Land Use Concept Plan The TSP Land Use Concept Plan proposes an overall residential density of 2 residences per acre. In accordance with the agreement found in Appendix A, 670 single-family detached and attached residential units with an option of up to 55 acres of “nonresidential uses” are permitted on the Property. The Non-residential or Potential Activity Center uses may consist of the following: resort/hotel, timeshare, assisted living, condominium, multi-family housing including apartments, as well as ancillary, commercial and office uses (see Exhibit II.D.1: Conceptual Land Use Plan). Tapestry will incorporate the practice of low impact development by clustering development to preserve open space and the natural features of the surrounding landscape. A minimum of 45% open space will be provided. Development will be concentrated on the most developable slopes to reduce infrastructure costs while avoiding costly engineering of steep, rocky and uneven terrain. In addition, the following agreements with neighboring property owners have been made to provide a transition between lower density development and the Property (see Exhibit II.D.2: Neighborhood Agreements). The following executed agreements (the “Neighbor Agreements”) are included as Appendices D through F in the TSP. In the event the TSP and the Neighbor Agreements conflict, the Neighbor Agreements shall control. The Neighbor Agreements include the following summarized requirements: • Northern boundary of MDR 3: • 150 foot natural buffer along northern Property line with enhanced vegetation in the southernmost 10 to 20 feet of the 150 foot natural buffer. • In addition to the 150 foot buffer, no building shall be constructed within 180 feet of the northern Property line. • Lots and streets on the Property abutting the 150 foot buffer shall be designed as cul-de-sacs with minimum lot sizes and maximum finished floor elevations (“FFE”) as defined in the Neighbor Agreements and explained in the Design Guidelines in this TSP. • Single-story building height restriction within 800 feet of the northern Property line. • Any building within 500 feet of the northern Property line shall be constructed with a pitched roof only (no flat roofs.) • Certain design and color guidelines for roofs and walls are established in the design guidelines. • Any saguaro cacti that are disturbed within 300 feet of the northern Property line shall be salvaged or replaced at a 1:1 ratio and shall be located in landscaped areas within 300 feet of the northern Property line. • Day Care Centers shall not be located within 500 feet of the north Property line. • Northern boundary of MDR 1 and south of existing Heritage Club Blvd. right of way: Tapestry Specific Plan Development Plan II-12 • A meandering 40 to 150 foot natural buffer with enhanced landscaping within the buffer south of Heritage Club Blvd. • Patio walls shall be constructed along the southern edge of the 40 to 150 foot buffer and shall be no higher than five feet. • Single-story building height restriction within 800 feet of the northern Property line. • Roof color restrictions have been incorporated into the design guidelines of this TSP. • Any saguaro cacti that are disturbed within 300 feet of the northern Property line shall be salvaged or replaced at a 1:1 ratio and shall be located within 300 feet of either the north or south edge of Heritage Club Boulevard/Cayton Road and adjacent to MDR-1 northern boundary. • Lots and streets on the Property abutting the 40 to 150 foot buffer shall be designed in substantial conformance with the depiction as shown in the Neighbor Agreement and explained in the Design Guidelines in this TSP. • Subject to Town approval, the future north/south access road from Cayton Road/Heritage Club Blvd. shall be aligned in substantial conformance with the depiction as shown in the Neighbor Agreement. • Northern boundary of EL 4 (subject to closing of sale of 3-acre Conservation Easement to third party): • 3-acre Conservation Easement. • Single-story building height restriction within 200 feet of the edge of the conservation easement. • Northern boundary of EL 4 adjacent to APN 219-09-002N: • Single-story building height restriction within the northernmost row of homes. • Building setback of 50 feet from the northern Property line, if the same building setback is provided on APN 219-09-002N, subject to an Administrative Change as described in Section III(C)(2)(d)(8)(d) and IV(D). • Southern boundary of MDR 7: • Meandering 100 to 150 foot natural buffer along the southern edge of the Property with enhanced vegetation within the northern 10 to 20 feet of the buffer. • In addition to the 100 to 150 foot buffer, buildings along the northern edge of the buffer shall be set back 20 feet from the buffer edge. • Roof color restrictions have been incorporated into the design guidelines of this TSP. • Single-story building height restriction within 350 feet of the southern edge of MDR 7. • Eastern boundary of PAC 6 /MDR 6 and north of future Cayton Road alignment: • Cayton Road reconfiguration language added to Section II.E: Circulation Plan and Exhibit II.E.1/2 of the TSP. • If developed as MDR, a setback commitment of 30 feet. If developed as PAC multi-family, a setback commitment of 30 feet for single story, 50 feet for two story and 75 feet for three story up to 40 feet in height. • If developed as PAC non-residential, a setback commitment of 30 feet for single story up to 25 feet in height, 50 feet for single and two story over 25 feet Tapestry Specific Plan Development Plan II-13 in height, 75 feet for three stories up to 45 feet (not including architectural features), and 100 feet for over 45 feet in height. • Single-story height restriction within the easternmost row of future residential lots adjacent to the 30 foot setback if developed as single-family residential detached. • Western boundary of MDR 1 and south of Heritage Club Blvd.: • 120 foot single story height restriction from the western Property line. • Meandering 20 to 30 foot natural buffer along the western edge of the Property. The four distinct regulatory categories proposed within the TSP area will complement adjoining uses, provide appropriate buffers and provide a transition between the Dove Mountain Specific Plan and the Saguaro Ranch development to the east. The four regulatory categories are: • Estate Lots (EL): EL consists of 42 acres of the Property located in the northeastern area. Residential densities range from 0.25 residences per acre to one residence per acre. A smaller 18,000-20,000 square-foot building envelope for each +/-1-acre lot will be delineated. Any land outside of the building envelope will be considered open space. This additional open space area will ensure that neighboring views will not be impacted and wildlife habitat will be safeguarded though natural undisturbed open space on each lot. • Medium Density Residential (MDR): MDR consists of approximately 219 acres of medium-density single-family detached and attached residences with densities ranging from 3 to 5 residences per acre. MDR areas are located along the main spine roadway and in locations adjacent to compatible residential densities outside of the TSP Boundary and/or areas of the Property appropriate for such densities. Tapestry Specific Plan Development Plan II-14 • Potential Activity Center (PAC): PAC is an optional land use that could reduce the overall residential densities if developed pursuant to the Settlement Agreement attached as Exhibit A of the Appendix. As shown on Exhibit II.D.1: Conceptual Land Use Plan, the PAC area is restricted to 55 acres that can be located within the green dashed line area. The PAC permits non-residential uses consisting of the following: resort/hotel, timeshare, assisted living, condominium, multi-family housing including apartments, as well as ancillary, neighborhood-type commercial and office uses. If the PAC option is not exercised, then the MDR regulatory category shall apply. • Open Space (OS): The OS designation includes a minimum of 45% of the total acreage of TSP excluding the land area for Cayton Road public right-of-way in accordance with the Settlement Agreement found in Appendix A. Cayton Road public right-of-way is estimated as 10 acres; therefore, approximately 173 acres are required for open space. Open space areas include natural undisturbed open space (NUOS) and functional recreational areas. Functional recreation area includes, but is not limited to, public and private open space lands; parks and playgrounds; unpaved pedestrian walkways and hiking, bicycle, equestrian and other non-motorized vehicle trails; revegetated underground utility areas; and similar recreational open space uses. The Prospect Wash Trailhead and associated parking area shall be considered functional recreation area that count as open space. These open space areas protect the highest value biological resources as well as provide for substantial buffers to adjacent landowners, while maintaining existing wildlife corridors and habitat. The NUOS area shown on Exhibit II.F within the Prospect Wash that is not within a development area is approximately 68 acres. The remaining amount of open space (outside of the NUOS areas) will be provided within the EL, MDR and PAC areas of the site through conservation easements or other form of Property and HOA Management. The open space area will further help to conserve habitat for wildlife, protect rare and unique native plants and animals currently known or as may be later identified, and promote conservation values. Tapestry Specific Plan Development Plan II-15 Table II.D: Land Use Summary Development Area Designation Developable Acres (approximate) Density Range Proposed Open Space Acreage (approximate) (See Exhibit II. F: Open Space, Recreation and Trails) 1 MDR 62 3 to 5 RAC ± 13 2 PAC/MDR 22.7 Up to 20 RAC if developed as PAC, 3 to 5 RAC if developed as MDR ± 3 3 MDR 62 3 to 5 RAC ± 23 4 EL 42 0.25 to 1 RAC ± 30 5 MDR 46 3 to 5 RAC ± 22 6 PAC/MDR 32.3 Up to 20 RAC if developed as PAC, 3 to 5 RAC if developed as MDR ± 1 7 MDR 49 3 to 5 RAC for single family detached, or up to 12 RAC for small lot option ± 9 NUOS (Areas outside of Development Area 1-7) 69 N/A ± 69 Total Open Space (OS) & Dwelling Unit Cap 385** 670* Single Family (detached and attached) & 55 acres of Potential Activity Center ± 170 + 3 Acres Recreation Area or 45% of total site area Rec Area will be provided within the development area 1-7. *If any portion of the 55 acres (PAC) 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. Any units or rooms in a resort/hotel, timeshare, assisted living, condominium, or multi-family housing/apartment shall not be deducted from the single fam ily detached and/or Tapestry Specific Plan Development Plan II-16 attached residential unit count permitted outside of the areas dedicated to nonresidential uses. For example, if 100 multifamily units are developed on 20 acres of the PAC, then the 670 units is reduced to 630 (670-40 - a reduction of 2 acres for every 1 acre used for nonresidential use). The total number of units then permitted outside of the 20-acre PAC is 630 units. ** Per the Settlement Agreement (see Appendix A), 10 acres of the 395 acres of developable land has been dedicated as public right-of-way for Cayton Road reducing the overall developable land to 385 acres. Tapestry Specific Plan Development Plan II-17 Exhibit II.D.1: Conceptual Land Use Plan Tapestry Specific Plan Development Plan II-18 Exhibit II.D.2: Neighbor Agreements Tapestry Specific Plan Development Plan II-19 E. Circulation Concept Plan Ingress/Egress to the Property is proposed by a roadway (Cayton Road) connecting Heritage Club Boulevard at the northwest boundary and a new intersection on Thornydale Road to the east. As shown on Exhibit II.E.1: Circulation Plan and Exhibit II.E.2: Cayton Road Cross Section (90’ ROW), Cayton Road will consist of Town of Marana Detail No. 110-2, a 90 foot right-of- way, two-lane urban collector with a median. The Cayton Road right-of-way will be dedicated pursuant to future subdivision plats. In the future, if the PAC areas are developed with uses that create higher traffic volumes than assumed in the accepted Traffic Impact Study (TIS), an updated TIS will be required as part of the subdivision platting/development plan at the time of that development. If an expansion of infrastructure such as road widening, utility upsizing or other improvements within or beyond the Tapestry boundary is required due to the increased density, the burden of such improvements will fall upon the individual development. If roadway widening is deemed necessary, the individual development will work with Town staff to determine the appropriate additional improvements which could be the Town’s 4-lane urban collector roadway. The addition of Cayton Road between Dove Mountain Boulevard and Thornydale Road will provide a bypass opportunity for drivers within the Dove Mountain area. Access to the Tapestry development areas will be at full access driveways along the two-lane divided Cayton Road; each access point to the development areas may be gated. The intersections of these driveways and Cayton Road will be stop sign-controlled on the driveway approaches to Cayton Road. Cayton Road may feature approximately four traffic calming devices, speed humps, roundabouts, roadway curvatures, and chicanes to ensure appropriate driver speed, and ultimately to improve the overall safety of the roadway for all users. In addition, as part of the Cayton Road improvements, the Master Developer shall be responsible for the construction of a bridge across the Prospect Wash capable of withstanding a 100-year storm event. This bridge will be required to extend Cayton Road across the TSP property. The Town will reimburse the Master Developer for the design and construction of the Cayton Road bridge across the Prospect Wash in accordance with the Settlement Agreement. The Bridge and Cayton Road, linking Heritage Club Boulevard to Thornydale Road, shall be substantially completed before a building permit is issued for the 50th single family attached or detached residential unit on the portion of the Property located northwest of Prospect Wash and before the 150th single family attached or detached residential building permit on the entire Property is issued. The future Cayton Road alignment at the eastern edge of the Property is currently connected to existing Town Right of Way (“ROW”) through adjacent property to Thornydale Road. Tapestry, the Town and the adjacent property owner may desire relocation of that ROW. Any realignment of Cayton Road pursuant to this paragraph may be approved as an Administrative Change as defined in Section IV.D of the Specific Plan. Such realignment shall not cause Cayton Road to shift into a location that impacts environmentally sensitive areas nor create significant additional costs or time delays for the construction of Cayton Road on the Tapestry Property in the realignment area. Tapestry will work with Town staff and the adjacent Tapestry Specific Plan Development Plan II-20 property owner to determine the final alignment of the future Cayton Road segment on the Property at the time Tapestry is ready to develop the portion of the roadway through the Tapestry Property. Tapestry, the Town or a third party may initiate a realignment of Cayton Road. The developer of Tapestry shall make a good faith effort to support a logical realignment of Cayton Road which meets the criteria stated above, and that is acceptable to the Town of Marana. In addition, an emergency vehicular/pedestrian access easement will be provided to the adjacent property located along the eastern boundary in the northern area of the Property. The easement will permit transport of propane for the adjacent residential uses. The actual location of this easement will be determined during the development plan/subdivision plat phase. Some nonexclusive easement locations are depicted on Exhibit II.E.1: Circulation Plan. Tapestry Specific Plan Development Plan II-21 Exhibit II.E.1: Circulation Plan Tapestry Specific Plan Development Plan II-22 Exhibit II.E.3: Cayton Road Cross Section (90’ ROW) Tapestry Specific Plan Development Plan II-23 F. Open Space, Recreation and Trails Concept The adopted Foothills Specific Plan that currently regulates the development for the Property requires only 12% open space. It is the Town’s and Master Developer’s desire to significantly increase that commitment in the Tapestry Specific Plan. After additional planning and analysis of the Property since the Settlement Agreement, it has become clear to Tapestry and the Town that to achieve a lot yield of 670 the open space commitment can be increased to 45% of the Tapestry development with a target of 50% as explained in Section III of this TSP. This open space includes peaks/ridges, rock outcrops, 15% or greater sloped areas, washes, wildlife corridors, appropriate buffers along the boundaries of the Tapestry Property and passive recreational features, such as the preliminary trail alignment along the Prospect Wash (See Exhibit II.F: Open Space, Recreation & Trails Concept.) In accordance with the Settlement Agreement found in Appendix A, the land area of the Cayton Road public right-of-way (approximately 10 acres) shall be subtracted from the total land area and shall not count towards the disturbance/open space calculation for the Property as identified in Appendix A: Settlement Agreement. Open space shall include natural undisturbed open space and functional recreational areas. Functional recreation area includes, but is not limited to, public and private open space lands; parks and playgrounds; unpaved pedestrian walkways and hiking, bicycle, equestrian and other non-motorized vehicle trails; revegetated underground utility areas; and similar recreational open space uses. The Prospect Wash Trailhead and associated parking area described below shall be considered functional recreation area that count as open space. Open space shall not include any disturbance associated with above ground utilities, onsite roadways, constructed drainageways, home sites, driveways, landscaping, outside functional recreation or any other development related activity that will occur or has occurred on TSP. All open space areas and the proposed trail alignment and trailhead delineated on Exhibit II.F: Open Space, Recreation & Trails Concept are preliminary and will be determined during the time of block plat, tentative plat, final plat or development plan. As part of the plat or development submittal, an overall tabulation of open space shall be provided. As shown on Exhibit II.F. Open Space, Recreation & Trails Concept, there are approximately 170 acres of natural undisturbed open space (NUOS) that account for the areas within the Prospect Wash and its tributaries, peaks/ridges, rock outcrops, 15% or greater sloped areas, wildlife corridors, appropriate buffers along the boundaries of the Tapestry Property and passive recreational features, such as the preliminary trail alignment along the Prospect Wash. The EL designation allows for larger single family residential lots to have natural open space areas owned by the individual lot owner, and dedicated for open space either under a conservation easement HOA management, or other Town-accepted mechanism. The EL designation will allow for common open space areas that will also be held within conservation easements. An additional 3 acres of open space required to meet the 45% goal will most likely be provided within park and recreational areas and/or other passive open space areas within development areas. It is acknowledged that the location and size of the smaller recreation areas internal to future subdivisions are not known at this time. Tapestry Specific Plan Development Plan II-24 The Tortolita Mountain Park is a regional preserve with vistas, picnic areas and several trails. It is a valuable amenity that will help meet the recreational needs of Tapestry residents. Tortolita Mountain Park is located approximately 1.5 miles from the northern boundary of the Property. There is a proposed trail with public access along the north boundary of Saguaro Ranch that, if built, will provide connectivity to the park. Pursuant to the Settlement Agreement (Appendix A) and this TSP, a 15 foot public trail for non- motorized use will be dedicated to the Town of Marana along the western edge of the Prospect Wash as conceptually depicted on Exhibit II.F. The intent is to extend the trail generally from the southwest Property corner to the northeast Property corner. The Property owner agrees to coordinate with the Town of Marana in determining the appropriate trail alignment and grant the necessary easement(s) to the Town of Marana enabling the Town to construct and maintain a sustainable trail. Exhibit II.F delineates a very general and conceptual trail alignment, which is subject to further discussion and revision prior to acceptance by the Town and the Property owner. The ultimate alignment will be located outside of buildable area within the TSP boundary to the greatest extent possible, and every effort will be made to locate the trail within open space, common area, and/or conservation area. It is anticipated that a more precise trail alignment will be determined by the Town of Marana and the Property owner during the subdivision plat/development plan approval process. Tapestry Specific Plan Development Plan II-25 Exhibit II.F: Open Space, Recreation and Trails Plan Tapestry Specific Plan Development Plan II-26 G. Landscape Concept The overall landscape theme will reflect the best attributes of the Sonoran Desert and the Property’s surrounding environment. See Section III.C.6: Landscaping Standards for landscape bufferyard requirements. Native and desert-adapted plant material, as well as regionally appropriate hardscape materials will be used within the landscape buffers and common areas. A minimum of 45 percent of the entire project area, or approximately 173 acres, will be open space. Buffers and common areas will reflect the plant palette and appearance of the native desert that dominate the Property. Residents and visitors to the TSP community will be greeted with a mixture of rustic amenities and materials aesthetically balanced with appropriate low water use vegetation. Landscape amenities may include: • Custom gated entries; • Landscaped roadways and medians; • Revegetated landscape areas. The conservation of water will be an important priority with respect to the landscape design. Underground drip irrigation will serve the low water use plants within the revegetated and common areas. Screening will be accomplished using preserved and planted vegetation as well as site layout and orientation. Homes backing up to natural areas with sufficient existing vegetation will have the option of installing view fences along the rear of their lot. A Native Plant Preservation Plan (NPPP) shall be prepared in accordance with the provisions set forth in the Town Land Development Code. The Property layout has been designed with concern for the Property’s topography, hydrology, and the riparian washes running through the Property. H. Topography The land contained within the boundaries of this Specific Plan is undeveloped desert located on the foothills of the Tortolita Mountains. The elevations on the Property range from approximately 2,722 feet near the southwest Property corner to 2,996 feet near the mid-eastern boundary. The southwestern and central portion of the Property enjoy a more uniform topography with a consistent gradient of 5 to 10 percent and are void of major rock formations or rock outcroppings. The northern half of the Property consists of 15% or greater slopes as well as rock outcroppings. Existing topography at 5’ contour intervals, slopes of 15% to 25% and 25% or greater slopes and rock outcroppings are shown in Appendix B: Site Resource Inventory and Exhibit II.I: Grading Concept. There are two peak areas: one in the northwest corner of the Property and the other along the eastern boundary. These areas are not subject to Pima County Restricted Peaks and Ridges Ordinance, however, as shown in Appendix B: Site Resource Inventory and Exhibit II.I: Grading Concept, most of these peaks will be left undisturbed. The Property will be subject to the Town of Marana Hillside Development regulations in Title 19 of the Marana Land Development Code. Tapestry Specific Plan Development Plan II-27 All subdividing and development which occurs in any lot or parcel containing slopes of fifteen (15) percent or greater, requires a review and compliance with the Hillside Development Code. Until approval of a plat or plan or permit is granted, no grubbing, grading, excavation or construction is to occur. The following design standards are applied by the Hillside Development Zone: • All exposed exterior walls and roofs of structures are recommended for earth tone colors to blend in with the predominant natural colors found on the lot or parcel. • All utilities and services shall be underground. • Roads and drives leading to lots shall be located to minimize scarring, be in low visibility view areas and maximize the retention of natural vegetation. I. Grading Concept The development areas contained within the Specific Plan area are intended to be developed as a mix of mass-graded developed areas, custom graded lots and ungraded natural open spaces. The major washes, peak areas and major rock outcroppings will be left as natural open space. Any encroachment into 15% or greater slopes will be determined at the subdivision platting or development plan phase. The TSP will follow the guidelines of Marana Subdivision standards, the Town of Marana Land Development Code, Title 19- Standards for Grading and Related Site Work, Chapter 17-15 Flood Plain and Erosion Hazard Management Code. The TSP has been designed so that the smaller/denser lots are in the areas of the Property with the least slope. In each development area, the final lotting layout will comply with Title 19 of the Town of Marana Land Development Code requirements. • The Medium Density Residential (MDR) and Potential Activity Center (PAC) are intended to be mass graded and developed in accordance with Title 19 of the Town of Marana Land Development Code. • The Estate Lots (EL) will be individually graded when developed. It is anticipated that the grading limits for these lots will include the residence, accessory structures, patios and yards, driveways and parking areas. The allowable disturbance will be approximately 18,000-20,000 SF per lot. All estate lots will require a T-1 grading permit. All grading limits for the estate lots shall be shown on a site plan with separate permit to be reviewed by development engineering. A qualified Sonoran Desert tortoise biologist will be present to monitor during all ground disturbing activities, and should watch for tortoises wandering into the area, check under construction vehicles, check and alleviate any excavation hazards that may trap tortoises, and conduct all activities to ensure that death and injury of tortoises is minimized. Areas designated for excavation will be fenced or flagged, and construction workers will be alerted to stay within the construction boundaries. Construction vehicles should not exceed 25 Tapestry Specific Plan Development Plan II-28 mph on unpaved roads. Construction workers will be informed of equipment movement restrictions and other desert tortoise protection measures. A desert tortoise survey and monitoring report will be submitted to the AZGFD, the Town, and any State or Federal permitting agency within 90 days of project completion. Future Tapestry CC&Rs will include a provision to discourage residents and visitors from feeding or providing water for wild mammals, or otherwise allowing wildlife to lose their fear of people. Signage along trails should encourage people to stay on trails, keep dogs leashed, and discourage harassment, collection or killing of reptiles. Tapestry Specific Plan Development Plan III-29 Exhibit II.I: Grading Concept Tapestry Specific Plan Development Plan III-30 J. Post-Development Hydrology The proposed drainage scheme for the TSP consists of a system of improved constructed channels and encroachment into floodplains. Prospect Wash and its two tributaries will be left essentially in a natural state within the Property as dictated by the Tortolita Basin Management Study polices. There will be some encroachment with fill material to enable the existing stream bed to remain intact. Fill areas will serve as overbank flow areas and be revegetated to a natural looking state (See Exhibit II.I.J: Post Development Hydrology Map.) Channel banks will be stabilized with appropriate materials (i.e., rock riprap, soil cement, gunite) to ensure structural integrity. Where possible naturalized channel banks should be recreated by utilizing buried riprap or gabions that can be revegetated to a natural looking state. Detention/ retention measures shall be employed within the Property to offset impacts of development and promote groundwater recharge. Detention/retention design shall conform to established standards as presented in the City of Tucson/Pima County “Stormwater Detention/Retention Manual.” Drainage culverts should be designed to create small impoundment areas on the upstream side. The impoundment areas will serve to enhance groundwater recharge and establish naturalized seeps for wildlife and vegetation. Energy dissipaters shall be incorporated at the outlets of the improved channels to allow flow to transition to existing floodplains widths and characteristics at points exiting the Property. Channel beds will be left earthen where possible; however, grade control structures may be installed as necessary to ensure that the correct channel bed profile is maintained. A complete and detailed Hydrologic and Hydraulic Report will be prepared prior to implementation of Property development. This report will provide detailed information on existing drainage conditions including but not limited to watersheds, concentration points, peak discharges, points of breakover of flow associated with quantities and floodplains. Detailed design criteria for the proposed drainage scheme will address detention/retention, channel geometrics and materials, channel inlet and outlet treatments, encroachment analysis, conveyance of onsite generated runoff, and sediment transport. It will be necessary to obtain a 404 – Permit from the U.S. Army Corps of Engineers prior to diverting any washes or placing fill or culverts in wash areas. Design Drainage Scheme The two defined “spine washes” will be left essentially in a natural state on-site with minor encroachments as dictated by the Tortolita Basin Management Plan policies. Remaining washes originating off-site will be improved within the Property. However, existing drainage patterns (inlet and outlet concentration points, alignments) will be maintained and channel beds will remain earthen where possible. Final channel design will be provided at site development platting stage (See Exhibit II.J.2: Drainage Cross Sections.). The use of impoundments upstream of culvert crossing is not allowed as per COT/PC standards manual for drainage design and floodplain management Tapestry Specific Plan Development Plan III-31 Runoff generated on-site may be captured and conveyed within site specific roadways, parking areas or improved drainage channels. However, existing downstream points of concentration will be maintained. Detention/retention will be incorporated into Property design to ensure that post-development discharges exiting the Property do not exceed predevelopment values. The post development discharge exiting the Property should be reduced by 15% of pre- development discharge values A complete detailed hydrologic and hydraulic report for each individual subdivision plat or development plan will be prepared prior to Property development. This report will provide detailed information on existing and developed drainage conditions including, but not limited to, drainage areas concentration points, peak discharges, detention/retention channel geometrics and materials, inlet/outlet treatment encroachment analysis, conveyance of on-Property generated runoff and sediment analysis. Necessity of an Army Corps of Engineers 404-Permit will also be addressed prior to detailed Property development. See Appendix C for the 404 Jurisdictional Delineation. Tapestry Specific Plan Development Plan III-32 Exhibit II.J.1: Post Development Hydrology Map Tapestry Specific Plan Development Plan III-33 Exhibit II.J.2: Hydrology Cross-Sections Tapestry Specific Plan Development Plan III-34 K. Vegetation & Wildlife The vegetation on the Property consists of riparian areas along the major wash (Prospect Wash) and its tributaries. These areas will be left as natural open space. Areas of Sonoran Desert Scrub and other significant vegetation located within development areas will be preserved in place or transplanted on the Property, if possible. Refer to the Town Land Development Code, Section 17.02.11 – Native Plant Inventory Methodologies for the minimum standards for preservation of Protected Native Plants. A landscape theme will be established creating a community framework for all common and public areas that further preserves, enhances or replicates the Sonoran Desert plant community and other drought tolerant species. Wildlife will continue to utilize the wildlife corridor within the Prospect Wash and its tributary as identified in the Town’s Habitat Conservation Plan and Exhibit II.D: Conceptual Land Use Plan. Exhibit II.D shows the Prospect Wash and its tributary leading to the middle northern boundary as natural undisturbed open space and equates to approximately 69 acres of the Property. A Copy of the Site Resource Inventory identifying the physical constraints of the Property is included within Appendix B. L. Viewsheds The backdrop of the Tortolita Mountains to the north provides a dramatic scenic amenity to the TSP that will be preserved to the greatest extent feasible. The existing vegetation, landforms and proposed setbacks incorporated into the TSP Conceptual Land Use Plan provides an opportunity to effectively mitigate many impacts because of the proposed development. The northern half of the Property consists of 15% or greater slopes as well as rock outcroppings that screen the Property along much of the perimeter while the southwestern and central portions of the Property are flatter and more consistent with the grades adjacent to the Property. In addition to the significant increase in open space and preservation of peaks, ridges, and outcroppings, significant commitments have been made to create enhanced perimeter buffers, setbacks, single-story commitments, roof color treatments, etc. to address viewshed and other impacts. M. Cultural Resources Tierra Right of Way’s archaeological database was consulted to determine the cultural prevalence of the proposed Property. An initial survey conducted by Old Pueblo Archaeology Center indicated that a total of 22 sites were previously recorded as being culturally significant. According to Tierra Right of Way’s survey, only 17 sites are identified, and 15 of the 17 were determined to be eligible for listing in the NRHP under Criterion D. Additionally, Tierra recommends if avoidance is not possible, additional fieldwork should be provided on four of those sites: AZ AA:12:309(ASM), AZ AA:12:310(ASM), AZ AA:12:437(ASM) and AZ AA:12:998(ASM). For the remaining NRHP-eligible sites, Tierra recommends the analysis of Tapestry Specific Plan Development Plan III-35 the data collected during the testing phase of the Property. The fieldwork and analysis will follow the procedures outlined in an approved treatment plan that will be developed (Report of Phase 1 Archaeological Testing has been submitted separately). On April 29, 2016, the Town issued a letter of acceptance based on the assumption that no US Army Corps of Engineers Permit will be needed for this Property, accepting Tierra’s recommendations, which were previously described. Additionally, as prescribed by Tierra’s survey, if human remains or funerary items are discovered during construction, or at any time, all work must stop in the area of the remains and the Arizona State Museum shall be contacted (Town Letter of Acceptance has been submitted under separate cover). Cultural reports for projects with a federal nexus are reviewed by the State Historic Preservation Office (SHPO) and the Town shall be copied on all reports and other information. Approval from the SHPO is required before issuance of a grading permit. N. Public Services and Utilities 1. Police Service The Property will utilize the Town’s police service. The nearest Town police station is the Town Police Headquarters located approximately 10 miles west of the Property at 11555 West Civic Center Drive. 2. Fire Service The entire Property is currently within the Northwest Fire District. The Northwest Fire District also serves immediately adjacent areas to the north, south, east and west. As depicted in Exhibit II.K.2: Fire Service and Schools, there are two fire stations within a one-mile radius of the Property. Northwest Fire District Station #337 located at 13001 N. Tortolita Road is located approximately 0.8 miles from the Property and Northwest Fire District Station #339 is located at 12095 North Thornydale Road, approximately one-mile south of the Property. Tapestry Specific Plan Development Plan III-36 Exhibit II.K.2: Fire Service and Schools Tapestry Specific Plan Development Plan III-37 3. Schools It is anticipated that this project will generate approximately 670 residential units if fully developed at the target residential densities. The TSP is located within the Marana Unified School District (MUSD). MUSD provided the following multipliers to use for student enrollment projections. Elementary: 0.25 students per home (0.25 x 670) = 168 students Junior High & High School: 0.15 students per home (0.15 x 670) = 101 students MUSD does not distinguish between different housing community types. Although the above numbers only apply to the single-family residential development proposed outside of the 55-acre PAC development area (which could increase the calculation), given the target market for the TSP, the above estimates are likely high. Mountain View High School, Tortolita Middle School, Ironwood Elementary and Degrazia Elementary School will serve the site. There are no schools located within one-mile of the Property. Ironwood Elementary School is located approximately 6.2 miles south at 3300 West Freer Drive and serves grades K-6. Tortolita Middle School is located approximately 7 miles south of the Tapestry property and serves grades 7-8. Mountain View High School is located approximately 5.5 miles from the site and serves grades 9-12. Degrazia Elementary School is located approximately 8.5 miles from the Property and serves grades K-6. See Exhibit II.K.2: Fire Service and Schools. 4. Water Tucson Water will provide water service to the Property. (See Exhibit II.K.4: Water Service Letter) Tapestry Specific Plan Development Plan III-38 Exhibit II.K.4: Water Service Letter Tapestry Specific Plan Development Plan III-39 5. Wastewater TSP is tributary to the Tres Rios Wastewater Reclamation Facility via the Canada del Oro Interceptor. Capacity is currently available for portions of this Property in public sewer C2013-097, downstream from manhole 3397-38 (See Exhibit II.K.5.a: Existing Sewer Facilities and Exhibit II.K.5.b: Wastewater Letter.) 6. Other Private Utilities Trico Electric Cooperative provides electricity to this area of Pima County according to the Trico Service Area Map. It is anticipated that Trico will provide power to the Property. According to Century Link’s company website, the Century Link service area currently dissects the TSP project area. It is anticipated that Century Link will extend phone service to the remainder of the Property. Alternatively, individuals may use wireless communications that can be provided by any number of service providers. According to the distribution service area map, Southwest Gas Corporation will provide service to the Property. Electricity, natural gas, telecommunications and cable services will be extended to the Property at the time of development through agreements with individual utility companies. 7. Sanitation and Recycling Services Several private sanitation service providers may be contracted to serve the Property with comprehensive trash and waste removal, recycling and environmentally safe waste management services. Tapestry Specific Plan Development Plan III-40 Exhibit II.K.5.a: Existing Sewer Facilities Tapestry Specific Plan Development Plan III-41 Exhibit II.K.5.b: Wastewater Letter Tapestry Specific Plan Development Regulations IV-42 Section III. Development Regulations Tapestry Specific Plan Development Regulations III-43 A. Purpose and Intent This section of the TSP implements the Development Regulations and Design Standards to guide the development of the Property over the life of the project. These regulations and standards establish the character and intensity of the development by prescribing flexible standards for all permitted uses within the Specific Plan, ensuring consistency and compatibility with surrounding communities as well as the 2010 Town General Plan. Application of the Town Development Code to the TSP area must be in conformance with Section IV of this Specific Plan. These Development Regulations apply to approximately 395 acres of land in the TSP. Regulatory categories within the Specific Plan shall be as follows:  Estate Lots (EL)  Medium Density Residential (MDR)  Potential Activity Center (PAC)  Open Space (OS) The Development Regulations provide the regulatory zoning provisions for the land use intensities and location criteria within the TSP. This section includes standards related to land use, building setbacks, height restrictions and lot coverage. The intent of these standards is to establish clear minimum Development Regulations, maintain a standard of quality and unified character, allow for the orderly progression of development, and provide flexibility over time without compromising the goals and objectives for the Specific Plan. B. General Provisions 1. Applicable Codes If an issue, situation, or condition arises that is not addressed by this Specific Plan, the applicable portions of the Town Development Code shall apply. In the event these Development Regulations conflict with the Neighbor Agreements, the Neighbor Agreements shall control. All construction and development within the Specific Plan area shall comply with currently adopted codes including, but not limited to, the International Building Code, the National Electrical Code, the International Plumbing Code, the International Mechanical Code, locally adopted fire codes, and grading and excavation codes current at the time of development. 2. Additional Uses Whenever a land use has not been specifically listed as being a permitted use in the particular zone classification within the Specific Plan, it shall be the duty of the Town Planning Director to determine if said use is consistent with the intent of the designation Tapestry Specific Plan Development Regulations III-44 and compatible with other listed permitted uses. If the land use in question is considered appropriate, it shall be approved as an Administrative Change. C. Development Regulations 1. General Development Standards In accordance with the Settlement Agreement found in Appendix A, a maximum 670 attached and/or detached residential units are proposed for the Property with capacity for 55 acres of Potential Activity Center (PAC) uses. The 55 acres of PAC may include, but are not limited to, resort/hotel, timeshare, assisted living, condominium, multi-family housing including apartments, and related, or ancillary, neighborhood-type commercial and office uses. If any portion of the 55 acres (PAC) 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. Any units or rooms in a resort/hotel, timeshare, assisted living, condominium, or multi-family housing/apartment shall not be deducted from the single family detached and/or attached residential unit count permitted outside of the areas dedicated to nonresidential uses. For example, if 100 multifamily units are developed on 20 acres of the PAC, then the 670 units is reduced to 630 (670-40 - a reduction of 2 acres for every 1 acre used for nonresidential use). The total number of units then permitted outside of the 20-acre PAC is 630 units. 2. Estate Lots (EL) The Estate Lots (EL) zone is primarily intended as an area for single-family homes, ranging from 0.25 residences per acre to one residence per acre with one accessory building upon each individual lot, and a variety of housing sizes that feature a quality design. Any and every building within the EL zone shall be erected, constructed, established, altered, enlarged, and maintained exclusively and only in accordance with the regulations set forth in this section. a. Permitted Uses Lands within the EL areas may be developed with the following permitted uses: • One Single-Family Residential detached home of a permanent character placed in a permanent location • Parks and Playgrounds (public and private) • Trails (public and private) Tapestry Specific Plan Development Regulations III-45 b. Accessory Uses Accessory buildings and/or guest houses may be located on the same lot as the permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential uses are compatible with the residential character of the neighborhood. Land within the designated Estate Lots area may be developed with the following accessory uses: • Detached Accessory Structures, such as tool sheds, patios and cabanas, non-commercial hobby shops, children’s playhouses, etc. • Guest houses • Home occupations • Home Child Care Centers • Swimming Pools, Spas, and related structures • Garage, Carports or Enclosed Storage • Fences and Walls • Community Identification, Entry Monuments, Community Design Elements and other enhancements common to a Homeowner’s Association, and designed for a specific subdivision c. Conditional Uses The following may be permitted subject to Conditional Use Permits: • Group Homes subject to Title 36 of Arizona Revised Statutes • Bed and Breakfast d. Estate Lots Development Standards The property development standards set forth in this section shall apply to all land, structures and building in the EL designation. 1) Maximum Density: 1 RAC 2) Minimum Lot Size: 36,000 square feet 3) Minimum Lot Depth: none 4) Minimum Lot Width: none 5) Maximum Building Height: 30 feet maximum applies a. As noted on Exhibit II.D.2: Neighbor Agreements, there is an area within the Estate Lots that is potentially designated as a 3-acre Conservation Easement. This Conservation Easement will be effective only upon the sale of this area by Master Developer to a third party. In the event the Conservation Easement is effective, then there will be an additional restriction on height as follows: Tapestry Specific Plan Development Regulations III-46 Within 200 feet of the Conservation Easement boundary, all structures are limited to single-story, which is defined as 17 feet to top of roof and 20 feet to include architectural elements. b. The northernmost row of homes adjacent to APN 219-09-002N shall be restricted to single story. Single-story in this area shall mean: i. No higher than 18 feet to the top of parapet for a flat roof. ii. No higher than 21 feet to the top of ridgeline on a pitched roof. iii. Fireplace chimney heights and forms must complement the home’s overall design. Chimney heights (including any cap, cover, or canopy) shall not extend more than 3 feet above the applicable building code minimum height criteria. Chimney’s shall continue the same materials and colors as presented on the home. 6) Minimum Building Separation: a. Principle building: Per adopted fire and building codes b. Accessory building: Per adopted fire and building codes 7) Maximum Building Envelope Disturbance: 50% 8) Setbacks: a. Front yard: 25 feet b. Side yard: 30 feet c. Rear yard: 30 feet d. The northernmost row of homes adjacent to APN 219-09-002N shall have a 50 foot building setback from the northern Property line. This building setback may be modified as an Administrative Change (Town Planning Director approval) to the TSP upon written agreement of both the Master Developer and the owner of APN 219-09-002N or their successor interests. If APN 219-09- 002N reduces its 50 foot building setback along its southern border, the TSP’s 50 foot building setback in this area may be reduced in the same manner as an Administrative Change. 3. Medium Density Residential (MDR) The Medium Density Residential (MDR) zone is primarily intended as an area for single- family detached and/or attached homes, ranging from three (3) residences per acre to five (5) residences per acre and one accessory building upon each individual lot, with a variety of housing sizes featuring a quality design. Any and every building within the MDR zone shall be erected, constructed, established, altered, enlarged, and Tapestry Specific Plan Development Regulations III-47 maintained exclusively and only in accordance with the regulations set forth in this section. a. Permitted Uses Lands within the MDR areas may be developed with the following permitted uses: • One Single-Family Residential detached or attached home of a permanent character placed in a permanent location • Churches, Synagogues, and other places of worship except within areas restricted to single story building height • Parks and Open Space Areas, Recreation Centers and Facilities, and Riding and Hiking Trails • Schools and Other Community Facilities except areas restricted to single story building height b. Accessory Uses Accessory buildings may be located on the same lot as the permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential uses are compatible with the residential character of the neighborhood. Land within the designated MDR area may be developed with the following accessory uses: • Detached Accessory Structures, such as tool sheds, patios and cabanas, non-commercial hobby shops, children’s playhouses, etc. • Home occupations • Swimming Pools, Spas, and related structures • Garage, Carports or Enclosed Storage • Fences and Walls • Community Recreational uses • Community Identification, Entry Monuments, Community Design Elements and other enhancements common to a Homeowner’s Association, and designed for a specific subdivision. • Home Child Care/Day Care Centers (As noted on Exhibit II.D.2: Neighbor Agreements, Home Child Care/Day Care Centers are not permitted within 500 feet of the northern property line in development area designated as MDR 3.) c. Conditional Uses The following may be permitted subject to Conditional Use Permits: • Private Schools and other ancillary uses • Group Homes subject to Title 36 of Arizona Revised Statutes d. Medium Density (Detached) Residential Development Standards The property development standards set forth in this section shall apply to all land, structures and building in the MDR zone. Tapestry Specific Plan Development Regulations III-48 1) Maximum Density: 5 RAC 2) Minimum Lot Size: 4,000 square feet, except as described below. a. The minimum lot size within 300 feet of the north and south Property line shall be 5,000 square feet, except for the below; b. Adjacent to the 150-foot buffer south of the northern Property line in MDR 3, the minimum lot size for the five northernmost lots on the west cul-de-sac bulb and the four northernmost lots on the east cul-de-sac bulb shall be 11,000 sq. ft. 3) Minimum Lot Depth: none 4) Minimum Lot Width: none 5) Maximum Building Height: 30 feet, except as follows: a. As noted on Exhibit II.D: Neighbor Agreements, there are single story restrictions for MDR 1, MDR 3 and MDR 7 Development Areas extending from certain TSP Property lines. In these areas, the single-story building height shall be limited as follows: i. On the five northernmost lots in MDR 3 on the west cul- de-sac bulb and the four northernmost lots on the east cul-de-sac bulb depicted on Exhibit E in Appendix D, homes shall be constructed no higher than 19 feet to the top of ridgeline on a pitched roof. No flat roofs shall be permitted on these lots. An additional 3 feet is permitted for architectural features. ii. Within 500 feet of the northern Property line in MDR 3, and not including the lots described above, homes shall be no higher than 22 feet to the top of ridgeline on a pitched roof, and no flat roofs shall be permitted. An additional 3 feet is permitted for architectural features. iii. Between 500 and 800 feet of the north Property line in MDR 3, no building shall be constructed higher than 18 feet to the top of parapet for a flat roof or 22 feet to the top ridgeline on a pitched roof. An additional 3 feet is permitted for architectural features. iv. On the cul-de-sac just north of Cayton Road and along the western edge of the Property, no building shall be constructed higher than 18 feet to the top of parapet for a flat roof or 18 feet to the mid-line of the pitch on a pitched roof. An additional 3 feet is permitted for architectural features. v. In MDR 1, and except as provided below, within 800 feet of the northern Property line south of Heritage Club Boulevard, single-story shall be no higher than 18 feet to the top of parapet for a flat roof or 18 feet to the mid- line of the pitch on a pitched roof. An additional 3 feet is permitted for architectural features. Tapestry Specific Plan Development Regulations III-49 vi. In MDR 1, within lots two through nine depicted on Exhibit C of the Agreement between Tapestry Properties III, LLC and Certain Canyon Pass Property Owners Regarding the Tapestry Specific Plan Approval Process included in the TSP as Appendix E, homes shall be limited to single-story height of 19 feet to the top of the pitch of a pitched roof with an additional 3 feet permitted for architectural features, and no flat roofs are permitted. vii. Within 350 feet of the southern Property line in MDR 7, homes shall be limited to single-story no higher than 18 feet to top of parapet for a flat roof and 18 feet to mid- line of the pitch of a pitched roof. An additional 3 feet shall be permitted for architectural features. viii. In MDR 6 and only north of the future Cayton Road alignment, the easternmost row of single-family detached residential lots shall be limited to single-story no higher than eighteen (18) feet to top of parapet for a flat roof and no higher than eighteen (18) feet to mid-line of the pitch on a pitched roof. An additional 3 feet shall be permitted for architectural features. 6) Minimum Building Separation: a. Principle building: Per adopted fire and building Codes b. Accessory building: Per adopted fire and building codes c. Attached patio structures: Per adopted fire and building codes 7) Setbacks: a. Front yard: 20 feet b. Side yard: per adopted fire code c. Rear yard: 10 feet d. Northern cul-de-sacs in MDR 3: No buildings shall be constructed within 180 feet of the northern Property line. e. Eastern boundary of MDR 6 (if not developed as PAC) north of future Cayton Road alignment: 30 feet. f. Adjacent to 100-150-foot buffer north of the southern Property line: 20 feet as depicted on Exhibit II.D.2 Neighbor Agreements. e. Small Lot Residential Option Development Standards The property development standards set forth in this section shall only be available to residential development in MDR 7, except that it cannot be located closer than 350 feet from the southern Property line. 1) Maximum Gross Density: 12 RAC Tapestry Specific Plan Development Regulations III-50 2) Minimum Lot Size: None 3) Maximum Building Height: 30 feet 4) Project Setbacks: a. Front: 15 feet b. Side: 0 feet c. Rear: 10 feet 5) Building Setbacks: Per adopted fire and building codes 6) Minimum Lot Width: None 7) Minimum Lot Depth: None 4. Potential Activity Center (PAC) The Potential Activity Center (PAC) zone is primarily intended as an area for higher density residential and transitional nonresidential uses to encourage orderly growth and provide limited neighborhood-scale commercial and office development where deemed most appropriate. The PAC zone is intended to act as a transition zone from more intense uses to less intense while allowing uses that accommodate the needs of the visiting public without adversely impacting the daily functioning of the community or causing inappropriate impacts on neighboring residential uses. Nonresidential uses shall be limited in scale to smaller neighborhood commercial uses, the scale of which shall be determined by Town staff at the time of development plan approval. Any PAC area, if not developed as MDR, shall be identified at the time of the development plan for that area and within the physical boundaries and parameters as shown on Exhibit II.D Conceptual. Additionally, any potential PAC area not developed as MDR within Development Area 6 shall be located north of the final Cayton Road alignment. All structures within the PAC zone shall be constructed, altered, and maintained in accordance with the regulations set forth in this section. a. Permitted Uses Lands within the PAC areas may be developed with the following permitted uses: • Art Gallery, Museum, Artisan Studio • Assisted Living Facilities • Banks and Financial Institutions − Limited to a maximum of three (3) drive-through service lanes, with one (1) restricted to drive-through automated teller machine (ATM) service only. • Day Care Centers, subject to: − The minimum lot size required for a child care center is 1400 square feet. There is no minimum lot size for adult care. The minimum setback is 25 feet (applies to all subject property lines). No setback is required for adult day care. Tapestry Specific Plan Development Regulations III-51 • Corporate and Regional Headquarters Facilities and Offices • Schools • Food and Beverage Kiosks/Coffee Shops/Cafés • General merchandise sales (neighborhood scale) • Grocery Store (neighborhood scale) • Hardware Stores (neighborhood scale) • Health Centers and Fitness Centers • Health Care Facilities • Home Occupations • Hotel/Resort/Lodging − Vehicle Sales and Rentals is permitted as an accessory use to Hotel/Resort/Lodging • Instructional Schools • Live/Work Unit, subject to: − No more than 75 percent of all building square footage on the lot may be devoted to the work unit. − One additional motor vehicle space is required per Live/Work Unit in addition to residential requirement. − Live/Work Units shall be subject to non-residential development standards. • Medical and Professional Offices − Blood donor centers are not allowed. • Multi-Family Residential − May include, but not limited to: timeshare, condominium, apartments, duplexes, townhomes, row houses, condominiums, or senior apartments • Park and Ride Lots • Personal Services • Pet Stores − Must be fully enclosed. • Plant Nurseries, Home and Garden Supplies • Public Facilities • Restaurants, including drive-through facilities − Activities may be conducted outdoors if developed adjacent to non-residential uses. • Single Family Residential (attached and detached) • Seasonal Outdoor Sales, including Farmer’s Markets and similar uses. − Activities may be conducted outdoors if developed adjacent to non-residential uses. • Religious Uses, subject to: − Religious uses are subject to Non-Residential Development Standards − No minimum site area required. • Research and Development, including Laboratories and Testing Facilities Tapestry Specific Plan Development Regulations III-52 − All land use operations, including storage, must be housed within a completely enclosed building. Vehicular use areas do not have to be located within enclosed buildings. − The minimum lot size requirement in 5,000 square feet. • Wireless Communications Facilities, subject to: − Standards for Wireless Communication Facilities in the Town Land Development Code. b. Single Family (Detached) Residential Development Standards The property development standards set forth in this section shall apply to all land, structures and buildings in the PAC zone. 1) Maximum Density: 8 RAC 2) Minimum Lot Size: 4,000 sq. ft. 3) Minimum Lot Depth: none 4) Minimum Lot Width: none 5) Maximum Building Height: 30 feet a. In PAC/MDR 6 and only north of the future Cayton Road alignment, the easternmost row of single-family detached residential lots shall be limited to single-story no higher than eighteen (18) feet to top of parapet for a flat roof and no higher than eighteen (18) feet to mid-line of the pitch on a pitched roof. An additional 3 feet shall be permitted for architectural features. 6) Minimum Building Separation: a. Principle building: Per adopted fire and building codes b. Accessory building: Per adopted fire and building codes c. Attached patio structures: Per adopted fire and building codes 7) Setbacks: a. Front (loading garage): 20 feet b. Front (Side Loading garage): 10 feet c. Side yard: per adopted fire code d. Rear yard: per adopted fire code e. Eastern border of PAC 6, north of future Cayton Road alignment: 30 feet. c. Single Family (Attached) Residential Development Standards The property development standards set forth in this section shall apply to all land, structures and buildings in the PAC zone. Tapestry Specific Plan Development Regulations III-53 8) Maximum Gross Density: 12 RAC 9) Minimum Lot Size: None 10) Maximum Building Height: 30 feet 11) Project Setbacks a. Front: 15 feet b. Side: 0 feet c. Rear: 10 feet d. Eastern border of PAC 6, north of future Cayton Road alignment: 30 feet 12) Building Setbacks: Per adopted fire and building codes 13) Minimum Lot Width: None 14) Minimum Lot Depth: None d. Multi-Family Residential Development Standards The property development standards set forth in this section shall apply to all land, structures and buildings in the PAC zone. 1) Maximum Density: 20 RAC 2) Maximum Building Height: 40 feet 3) Minimum Building Setback: a. To Streets: 20 feet b. To Adjacent Residential Development: 20 feet c. Eastern boundary of Development Area PAC 6, north of future Cayton Road alignment: i. Single story: 30 feet ii. Two-Stories: 50 feet iii. Three-Stories up to 40 feet, not including architectural features: 75 feet 4) Minimum Lot Width: None 5) Minimum Lot Depth: None 6) Minimum Landscaping: 10% of the site excluding parking areas and driveways e. Non-Residential Development Standards Land within the designated PAC area may be developed in accordance with the following: 1) Minimum Lot Size: None 2) Maximum Building Height: 45 feet except for a maximum 65 feet for Hotel/Resort/Lodging uses 3) Minimum Landscape Coverage: 10% of gross site area 4) Minimum Building Setback: Tapestry Specific Plan Development Regulations III-54 a. To Streets: 20 feet b. To Adjacent Nonresidential development: None c. To Adjacent Residential Development: A 25-foot setback with a minimum of 10 feet of landscaping. d. From the eastern boundary of PAC 6, north of future Cayton Road alignment: i. Single story up to 25 feet in height: 30 feet ii. Single or two stories over 25 feet in height: 50 feet iii. Three stories (up to 45 feet, not including architectural features): 75 feet iv. Over 45 feet: 100 feet 5) Minimum Lot Width: None 6) Minimum Lot Depth: None 7) Landscape: A non-residential use must provide a 10-foot-wide landscape buffer adjacent to public and private rights-of-way. If parking is proposed adjacent to public right-of-way, a 3.5-foot screen (can be vegetative) shall be provided. 8) Refuse: Refuse container enclosures must be set back a minimum of 10 feet from all property lines and screened with a 6-foot-tall masonry wall finished using materials similar to those of the principal structure. Enclosure gates must consist of a solid panel design that precludes visibility into the enclosure. 9) Noise: Any noise generating equipment must be located a minimum of 50 feet from any property line adjacent to residential use and screened in accordance with the Town Commercial Design Standards. 10) Outdoor Storage: outdoor storage areas shall be screened so that they are not visible from adjacent streets, public sidewalks and internal pedestrian walkways. 11) Loading: All service entrances and loading areas must be screened from adjacent residential properties and view from public streets. Screening shall consist of decorative walls and/or landscaping combination that will provide a barrier of adequate height at the time of installation. 12) All non-residential development shall be subject to the Town Commercial Design Standards. f. Accessory Structures Tapestry Specific Plan Development Regulations III-55 Accessory structures within the designated Potential Activity Center area may be developed in accordance with the following: 1) Minimum Building Setbacks: a. Front: 20 feet b. Side: 5 feet c. Rear: 5 feet 5. Open Space (OS) The Open Space (OS) zone is primarily intended as an area to provide the community with active and passive recreational opportunities. Additionally, this area provides critical wildlife corridors and habitat. a. Permitted Uses Land within OS areas may be developed with the following permitted uses: • Undisturbed Natural Open Space • Functional Recreational Facilities and Parks • Public and Private Open Space • Playgrounds • Unpaved Pedestrian Walkways • Hiking, Bicycle, Equestrian, and Other Non-Motorized Vehicle Trails • Revegetated Underground Utility Area • Prospect Wash Trailhead & Trailhead parking area • Similar recreation open space to those listed above. b. Prohibited Uses Open space shall not include any disturbance associated with: • Above ground utilities • On-site roadways • Constructed drainageways • Residential or nonresidential construction • Driveways • Other development related activity c. Open Space Development Standards 1) The Property shall have a minimum of 45% open space, with a target of 50% open space. Before the Town issues a building permit for the 300th residential unit on the Property, the Master Developer shall submit to the Planning Director documentation showing how the project will achieve 50% open space, or shall provide evidence satisfactory to the Planning Director and Town Engineer that 50% open space is not practicable based on the site constraints of the Property and the ability to achieve the lot yield as set forth in paragraph 1.1.2 of the Settlement Agreement. For Tapestry Specific Plan Development Regulations III-56 purposes of this paragraph, open space shall be determined as set forth in paragraph 1.1.3 of the Settlement Agreement. 2) A Home Owners Association or Property Management Company shall maintain all open space areas not otherwise dedicated to the Town or under a conservation easement. 6. Landscaping Standards Landscaping internal to the Property shall comply with the Town of Marana’s Landscaping Requirements except as noted in this Specific Plan. Plants, trees, and shrubs provided in Appendix G: Prohibited Plant List shall be restricted within the Property boundary. Landscape buffers adjacent to Cayton Road shall be pursuant to the Town’s Landscaping Requirements and the Town’s standard cross section for a two-lane urban collector. In some locations, enhanced vegetation areas are noted within bufferyards. Enhanced vegetation shall consist of the following: • In MDR 3 within the southern 10 to 20 feet of the 150-foot buffer, enhanced vegetation shall be planted within 120 days of the start of grading within 500 feet of the northern Property line and shall be limited to 75% of new trees being 24” boxed and 25% being 36” boxed mesquite and/or palo verde trees.  The additional planted trees shall be planted staggered and no more than 20 feet on-center.  Shrubbery and vines including saguaro cactus, Texas Ranger sage, and acacia shall be planted along perimeter walls.  Enhanced vegetation in MDR 3 shall have temporary irrigation provided for two years after planting. Irrigation may be reduced and eventually removed at the end of the third year. • In MDR 1 within the 40 to 150-foot buffer, enhanced vegetation shall be planted within 120 days of the start of grading within 300 feet of the northern Property line south of Heritage Club Blvd. and shall be limited to 75% of the new trees being 24” boxed and 25% being 36” boxed mesquite and/or palo verde trees.  Shrubbery and vines including Texas Ranger sage and catclaw shall be planted within the buffer.  Enhanced vegetation in MDR 1 shall have temporary irrigation provided for two years after planting. Irrigation may be reduced and eventually removed at the end of the third year.  Patio walls shall be constructed along the southern edge of the 40- 150-foot buffer, shall be no higher than five feet, and shall be earth tone in color. • In MDR 7 within the northern 10-20 feet of the 100-150-foot buffer, enhanced vegetation shall be planted within 180 days of the start of grading within 350 Tapestry Specific Plan Development Regulations III-57 feet of the southern Property line and shall include box mesquite and palo verde trees a minimum of 24” in diameter and staggered 25 feet on-center. The trees shall be a combination of mature and non-mature and shall be a minimum of 15 feet tall upon full maturation.  Shrubbery and vines including Texas Ranger sage and catclaw shall be planted within the buffer.  Enhanced vegetation in MDR 7 shall have temporary irrigation provided for two years after planting. Irrigation may be reduced and eventually removed at the end of the third year. Except as indicated otherwise within the TSP, the following specific standards shall apply (see Exhibit III.C.6: TSP Landscape Bufferyards). Tapestry Specific Plan Development Regulations III-58 Table III. C.6: TSP Perimeter Landscape Bufferyards TSP Perimeter Bufferyards TSP Development Area Designation Adjacent Land Use Proposed Bufferyards (min) 1 MDR Single Family Residential North: 40 to 150-foot buffer adjacent to northern Property line, with enhanced vegetation as described above. Any saguaro cacti disturbed within 300 feet of northern Property line shall be replaced/salvaged on a 1:1 ratio and shall be located within 300 feet of the north or south edge of Heritage Club Boulevard/Cayton Road. Patio walls shall be constructed along the southern edge of the 40-150-foot buffer, shall be no higher than five feet, and shall be earth tone in color. West: 20 to 30-foot natural buffer. 2 PAC/MDR Single Family Residential or internal to site N/A 3 MDR Single Family Residential North: 150-foot open space buffer, the southern 10 to 20 feet of which shall have enhanced vegetation as described above. Any saguaro cacti disturbed within 300 feet of northern Property line shall be replaced/salvaged on a 1:1 ratio and shall be located within 300 feet of the north Property line. West: 10-foot natural buffer. 4 EL Single Family Residential N/A* 5 MDR Single Family Residential East and south: 10-foot natural buffer. 6 PAC Vacant/Future Single Family Residential or internal to site East: 10-foot natural buffer. Tapestry Specific Plan Development Regulations III-59 *The Estate Lots are subject to limited grading and will have additional open space within each lot. They also include larger building setbacks from lot lines. 6 MDR Single Family Residential & Vacant/Future Single Family Residential East: 10-foot natural buffer. 7 MDR Single Family Residential & Vacant/Future Single Family Residential East: 10-foot natural buffer. South: 100 to 150-foot meandering buffer with enhanced landscaping as described above. Tapestry Specific Plan Development Regulations III-60 Exhibit III.C.6: TSP Perimeter Landscape Bufferyards 10’ LSB 10’ LSB 10’ LSB 10’ LSB 10’ LSB 10’ LSB Tapestry Specific Plan Development Regulations III-61 7. Parking Standards All parking provisions within the TSP shall comply with the standards defined in the Marana Land Development Code. 8. Lighting Standards The lighting standards within the TSP shall comply with the Town’s Outdoor Lighting Code. 9. Signage Standards All signage within the TSP shall comply with the Marana Land Development Code. D. General Design Standards All single-family residential lots less than 16,000 square feet are subject to the Residential Design Standards contained in the Town Land Development Code. All non-residential uses are subject to the Commercial Design Standards contained in the Town Land Development Code. E. Additional Design Standards The following design standards shall accompany the Residential and/or Commercial Design Standards per the Town Land Development Code. • Roof color for all structures on the Property shall be earth-tone in color. No white or pink-colored roof surfaces shall be permitted; • Design of lots and roads in the northern area of MDR 3 shall include cul-de-sacs as depicted on Exhibit E of Appendix D. Exhibit E of Appendix D is illustrative with respect to curvature of the cul-de-sacs, number of lots, lot sizes, and lot line configurations; • The finished floor elevation (“FFE”) of homes in MDR 3 built on the five northernmost lots on the west cul-de-sac bulb and the four northernmost lots on the east cul-de- sac bulb as depicted on Exhibit E of Appendix D shall be no higher than 2,860 feet; • Perimeter walls built within the two cul-de-sacs adjacent to the 150-foot buffer in MDR 3 shall be no more than five feet in height and shall be brown and/or earth tone in color; • Design of lots and roads in the northern area of MDR 1 shall include cul-de-sacs in substantial conformance with Exhibit C of Appendix E. There shall be no more than 12 lots within the cul-de-sac bulb adjacent to the 40-150-foot buffer as depicted on Appendix E, and homes within these 12 lots shall be constructed with pitched-roofs only. These 12 lots shall generally follow the natural topography and slope of the Property without excessive fill on the lot; and • All new utilities on the Property shall be located underground. Tapestry Specific Plan Development Regulations III-62 • Perimeter and exterior walls in EL 4 adjacent to APN 219-09-002N in the northernmost row of lots shall be earth-tone in color. • Chimneys in the northernmost row of lots in EL 4 adjacent to APN 219-09-002N shall continue the same materials and colors as presented on the homes. F. Town Subdivision Requirements 1. Provision of Recreational Area and Open Space Ownership The TSP is anticipated to create an overall residential density of 2 residences per acre in addition to the potential of 55 acres of Potential Activity Center land uses. The TSP shall comply with the subdivision standards defined within the Marana Land Development Code including infrastructure requirements. Each subdivision will be evaluated independently during the review of individual subdivision plats for overall compliance with recreation/open space requirements. The Property shall have a minimum of 45% open space, with a target of 50% open space. Before the Town issues a building permit for the 300th residential unit on the Property, the Master Developer shall submit to the Planning Director documentation showing how the project will achieve 50% open space, or shall provide evidence satisfactory to the Planning Director and Town Engineer that 50% open space is not practicable based on the site constraints of the Property and the ability to achieve the lot yield as set forth in paragraph 1.1.2 of the Settlement Agreement. For purposes of this paragraph, open space shall be determined as set forth in paragraph 1.1.3 of the Settlement Agreement. To the extent not otherwise dedicated to the Town, preservation of natural open space, as well as maintenance of modified open space (common area) within the TSP shall be the responsibility of the Master Association and respective HOA’s and regulated by CC&R’s approved by the Town. 2. Off-Site Trail Access and Maintenance Pursuant to the Settlement Agreement, the 15-foot public trail and trailhead will be owned and maintained by the Town of Marana once either conveyed or purchased. Tapestry Specific Plan Implementation V-63 Section IV. Implementation and Administration Tapestry Specific Plan Implementation IV-64 A. Purpose This section of the Specific Plan provides regulatory procedures and general administration guidance to implement this TSP throughout the duration of the project. The Provisions below shall apply to the entire Property as defined in this Specific Plan. B. General Implementation The implementation of the TSP is the responsibility of the Master Developer and the Town. The Master Developer is the entity responsible for providing basic infrastructure needs, including roads and utilities, buildings, improvements and site development. At any time, the Master Developer may relinquish its rights and assign any or all rights to one or more successors in interest to any or all portions of the Property. Associated responsibilities of the Master Developer will be transferred to the future Homeowner’s Association at the appropriate time for such transfer. The Town Development Services Department will be responsible for ensuring all policies and standards within the Specific Plan are met during the review of all development in the Specific Plan. The Property is intended to be developed in phases, with separate development plan(s)/subdivision plat(s) processed for each phase. All development shall be in accordance with the Development Regulations outlined in Section IV of this document. All development plans and subdivision plats within the TSP shall be subject to and implemented through the review and approval process adopted by the Town Land Development Code. In addition, all development is subject to the floodplain code and building permit process as outlined by the Town. The Development Regulation section of the Specific Plan supersedes the Town Land Development Code. If the TSP is silent on an issue, then the Town Land Development Code applies, as long as such application is within the intent of this TSP. C. Interpretation The Planning Director shall be responsible for implementing and interpreting this Specific Plan. The intent of this Specific Plan shall govern all such interpretations. If requested, the Planning Director shall make a written determination on any interpretation issues related to the Property and this Specific Plan. Appeals of the Planning Director’s interpretation(s) may be made to the Town of Marana Board of Adjustment. Tapestry Specific Plan Implementation IV-65 D. Administrative Change The Town’s Planning Director may approve administrative changes to the Specific Plan provided such changes are not in conflict with the overall intent of the TSP (“Administrative Change”). Categories of Administrative Change include, but are not limited to: • The addition of new information to the Specific Plan maps or text that does not change the effect of any regulations or guidelines, as interpreted by the Planning Director; • Changes to infrastructure, such as drainage and utilities, which do not change the overall intent of the Specific Plan; • Any interpretations of the list of permitted and temporary uses of the property that are not in conflict with the intent of this Specific Plan; • Changes in land use designation boundaries, division of plan areas or combinations of areas; • Minor modifications or adjustments to intrusions, encroachments, easements, rights-of-way, or open spaces, so long as the modifications do not conflict with the overall intent of the Specific Plan; • The determination that a use may be allowed which is not specifically listed as permitted, but which may not be determined as analogous and/or accessory use explicitly listed as permitted, as made by the Planning Director. • Upon written agreement of both the Master Developer and the owner of APN 219- 09-002N, the 50 foot building setback in EL 4 adjacent to APN 219-09-002N may be modified as an Administrative Change. • If the 50 foot building setback on the southern border of APN 219-09-002N is reduced, the Master Developer may reduce the 50 foot building setback from the northern Property line in EL 4 as an Administrative Change. The Planning Director’s decision that a change is administrative is appealable to the Town of Marana Board of Adjustment. E. Substantial Change/Specific Plan Amendment Amendments to the TSP may become necessary for various reasons, including but not limited to responding to changes resulting from new development conditions, financial conditions, and/or to respond to the requirements of potential users or builders of the Property. If the Town Planning Director determines a requested change to the TSP is not an Administrative Change or an Interpretation, the change is considered substantial and will be processed as a Specific Plan amendment. The Master Developer, the Town, other developers, or agents representing any of the foregoing may request amendments to the approved Specific Plan. Tapestry Specific Plan Implementation IV-66 Specific Plan Amendments shall be processed pursuant to the Town Land Development Code, Title 17 Section 05.06.07, Specific Plan Changes. The owner or agent of the Property may submit to the Planning Director a written application to amend one or more of the Specific Plan regulations. A substantial change requires the applicant to submit all sections or portions of the TSP that are affected by the change(s). After review, the Planning Director shall refer the request to amend with his recommendations to the Planning Commission for noticed public hearing. The Planning Commission shall make its recommendation to the Town Council which, after public hearing, shall approve, reject, or modify the proposed amendment. F. Definitions 1) Building Height: Height shall be measured from finished pad grade to the highest point of the roof line, or to the top/mid of structures as otherwise defined for measurement of the single-story heights in the TSP. Structural and functional elements (not for human occupancy) and mechanical equipment may extend above the maximum allowed height by 10 feet. 2) Conservation Easement: The designated Open Space area will be recorded at the time of development plan or subdivision plat approval and placed under the control of a Home Owners Association or Property Management Group. The Home Owner’s Association or Property Management Group will be responsible for ensuring that all uses and activities within the Conservation Easements are consistent with the Open Space Development Standards and maintained to assure that the conservation values of this important resource are being properly maintained. 3) Development Areas: Areas described on the Conceptual Land Use Plan with land use designation(s) that consist of specified permitted uses and regulations covering the development of those uses. 4) Home Child Care Center: Any single residence dwelling in which child care is regularly provided for compensation for five or more, but not more than ten, children not related to the proprietor. The proposed child care center shall meet all requirements for certification by the state department of health 5) Lot Coverage: The area covered by the buildings and accessory building(s). 6) Master Developer: Tapestry Properties III, LLC, its successors, and as explicitly assigned. 7) Open Space: Open space shall include natural undisturbed open space and functional recreational areas. Functional recreation area includes, but is not limited to, public and private open space lands; parks and playgrounds; unpaved pedestrian walkways and hiking, bicycle, equestrian and other non-motorized vehicle trails; revegetated underground utility areas; and similar recreational open space uses. Tapestry Specific Plan Implementation IV-67 G. Bibliography Aerial Photographs, National Agriculture Imagery Program, 2013. Town of Marana Land Development Code, Title 8 - General Development Regulations, revised May 2011. Town of Marana Land Development Code, Title 6 - Subdivision Requirements, revised March 2011. Town of Marana Land Development Code, Title 5 - Zoning, revised May 2011. Town of Marana General Plan, 2010. Town of Marana Strategic Plan II, March 2012. Town of Marana Parks, Recreation, Trails, and Open Space Master Plan, 2010. FEMA Flood Insurance Rate Map, Pima County, Arizona. Institute of Transportation Engineers, Trip Generation Manuals, 7th Edition, Volumes 1 & 3, 2003. MapGuide, Pima County Geographic Information Systems, 2016. Pima Regional Trail System Master Plan, revised May 2012. Pictometry Aerial Photograph, Pima County, 2014. Tapestry Specific Plan Appendices V-68 Section V. Appendices Tapestry Specific Plan Appendices V-69 Appendix A: Settlement Agreement Tapestry Specific Plan Appendices V-70 Tapestry Specific Plan Appendices V-71 Tapestry Specific Plan Appendices V-72 Tapestry Specific Plan Appendices V-73 Tapestry Specific Plan Appendices V-74 Tapestry Specific Plan Appendices V-75 Tapestry Specific Plan Appendices V-76 Tapestry Specific Plan Appendices V-77 Tapestry Specific Plan Appendices V-78 Tapestry Specific Plan Appendices V-79 Tapestry Specific Plan Appendices V-80 Tapestry Specific Plan Appendices V-81 Tapestry Specific Plan Appendices V-82 Tapestry Specific Plan Appendices VI-83 Tapestry Specific Plan Appendices VI-84 Tapestry Specific Plan Appendices VI-85 Tapestry Specific Plan Appendix B: SRI VI-86 Appendix B: Site Resource Inventory Tapestry Specific Plan Appendix B: SRI VI-87 Tapestry Specific Plan Appendix B: SRI VI-88 Tapestry Specific Plan Appendix B: SRI VI-89 Tapestry Specific Plan Appendix B: SRI VI-90 Tapestry Specific Plan Appendix B: SRI VI-91 Tapestry Specific Plan Appendix B: SRI VI-92 Tapestry Specific Plan Appendix B: SRI VI-93 Tapestry Specific Plan Appendix B: SRI VI-94 Tapestry Specific Plan Appendix B: SRI VI-95 Tapestry Specific Plan Appendix B: SRI VI-96 Tapestry Specific Plan Appendix B: SRI VI-97 Tapestry Specific Plan Appendix B: SRI VI-98 Tapestry Specific Plan Appendix B: SRI VI-99 Tapestry Specific Plan Appendix B: SRI VI-100 Tapestry Specific Plan Appendix B: SRI VI-101 Tapestry Specific Plan Appendix B: SRI VI-102 Tapestry Specific Plan Appendix B: SRI VI-103 Tapestry Specific Plan Appendix C: 404 Jurisdictional Delineation Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Appendix D: Neighbor Agreement; Settlement Agreement and Declaration of Covenants, Conditions and Restrictions Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Appendix E: Neighbor Agreement; Agreement Between Tapestry Properties III, LLC and Certain Canyon Pass Property Owners Regarding the Tapestry Specific Plan Approval Process Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Appendix F: Neighbor Agreement; Agreement Between Tapestry Properties III, LLC and Certain Property Owners to the South Regarding the Tapestry Specific Plan Approval Process Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Appendix G: Prohibited Plant List Tapestry Specific Plan Tapestry Specific Plan Appendix H: Neighbor Agreement; Agreement Between Tapestry Properties III, LLC and the Stewart Title and Trust Trust 3636 Regarding the Tapestry Specific Plan Approval Process Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan Tapestry Specific Plan