HomeMy WebLinkAboutRegular Council Meeting Packet 10/17/2017MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, October 17, 2017, at or after 7:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Council Member
Pursuant to A.R.S. § 38-431.02, notice is hereby given to the members of the Marana Town
Council and to the general public that the Town Council will hold a meeting open to the public on
October 17, 2017, at or after 7:00 PM located in the Council Chambers of the Marana Municipal
Complex, 11555 W. Civic Center Drive, Marana, Arizona.
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA.
Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items
appear in italics.
As a courtesy to others, please turn off or put in silent mode all electronic devices.
Meeting Times
Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the
first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the
date or time may change and additional meetings may be called at other times and/or places.
Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be
revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of
this agenda.
Speaking at Meetings
If you are interested in speaking to the Council during the Call to the Public or Public Hearings,
you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it
to the Town Clerk prior to the convening of the meeting.
Marana Regular Council Meeting 10/17/2017 Page 1 of 382
All persons attending the Council meeting, whether speaking to the Council or not, are expected to
observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct.
Any person interfering with the meeting in any way, or acting rudely or loudly will be removed
from the meeting and will not be allowed to return.
Accessibility
To better serve the citizens of Marana and others attending our meetings, the Council Chambers
are wheelchair and handicapped accessible. Persons with a disability may request a reasonable
accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520)
382-1999. Requests should be made as early as possible to arrange the accommodation.
Agendas
Copies of the agenda are available the day of the meeting in the lobby outside the Council
Chambers or online at www.maranaaz.gov under Agendas and Minutes. For questions about the
Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999,
Monday through Friday from 8:00 AM to 5:00 PM.
This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana
Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina
Road, and at www.maranaaz.gov under Agendas and Minutes.
REGULAR COUNCIL MEETING
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE
APPROVAL OF AGENDA
CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any issue
within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at
this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address
the Council must complete a speaker card located outside the Council Chambers and deliver it to
the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at
the Call to the Public will not be provided with electronic technology capabilities beyond the
existing voice amplification and recording capabilities in the facilities. Pursuant to the Arizona
Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council
may respond to criticism made by those who have addressed the Council, and may ask staff to
review the matter, or may ask that the matter be placed on a future agenda.
PROCLAMATIONS
P1 Proclaiming October 25 - 26, 2017 as Construction Career Days (Jocelyn C. Bronson)
Marana Regular Council Meeting 10/17/2017 Page 2 of 382
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
CONSENT AGENDA
The Consent Agenda contains items requiring action by the Council which are generally routine
items not requiring Council discussion. A single motion and affirmative vote will approve all
items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to
approve the Consent Agenda, any Council member may remove any item from the Consent
Agenda and that item will be discussed and voted upon separately.
C1 Resolution No. 2017-096: Relating to Police Department; approving and authorizing the
Chief of Police and the Town Manager to execute Governor's Officer of Highway Safety
(GOHS) Contract Numbers 2018-II-003, 2018-PTS-033, and 2018-405d-025 between
the State of Arizona by and through the Governor's Office of Highway Safety (GOHS)
and the Town of Marana for grant funding for DUI/Impaired Driving Enforcement and
STEP Enforcement and Know Your Limit Program (Lisa Shafer)
C2 Resolution No. 2017-097: Relating to Development; approving a final plat for Marana
Center II, Lots 1-3 located east of Interstate 10 and southeast of Twin Peaks Road
(Brian D. Varney)
C3 Approval of Regular Council Meeting Minutes from October 3, 2017 and Study Session
Meeting Minutes from October 10, 2017 (Jocelyn C. Bronson)
LIQUOR LICENSES
L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor
Licenses and Control regarding a new license series 12 restaurant liquor license
application submitted by Kimberly R. Scanlan on behalf of Baja Cafe, located at 3900
W. Ina Road, Suite #322, Tucson, Arizona 85741 (Jocelyn C. Bronson)
L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor
Licenses and Control regarding an Acquisition of Control Series #10 Beer and Wine
Store liquor license application submitted by Robert Coleman Sprouse on behalf of
Western Express #811, located at 7810 N. Silverbell Road, Tucson, Arizona 85743
(Jocelyn C. Bronson)
L3 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor
Licenses and Control regarding an Acquisition of Control Series #10 Beer and Wine
Store liquor license application submitted by Robert Coleman Sprouse on behalf of
Giant Store #628, located at 12030 N. Dove Mountain Blvd., Marana, Arizona 85642
(Jocelyn C. Bronson)
Marana Regular Council Meeting 10/17/2017 Page 3 of 382
L4 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor
Licenses and Control regarding an Acquisition of Control Series #10 Beer and Wine
Store liquor license application submitted by Robert Coleman Sprouse on behalf of
Giant Store #612, located at 4202 W. Ina Road, Tucson, Arizona 85741 (Jocelyn C.
Bronson)
L5 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor
Licenses and Control regarding an Acquisition of Control series #10 Beer and Wine
Store liquor license application submitted by Robert Coleman Sprouse on behalf of
Giant Store #919, located at 4180 W. Ina Road, Tucson, Arizona 85741 (Jocelyn C.
Bronson)
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A1 PUBLIC HEARING: Ordinance No. 2017.020: Relating to development; approving a
rezoning of approximately 28.22 acres of land located at the northeast corner of
Tangerine Road and Camino de Oeste, from 'R-144' Residential to 'F' Dove Mountain
Specific Plan; and approving a minor amendment to the General Plan (Cynthia Ross)
A2 PUBLIC HEARING: Ordinance No. 2017.021 : Relating to Development; approving a
rezoning of approximately 79.1 acres of land consisting of 37.79 acres from 'R-36'
Residential to 'R-6' Residential, 22.46 acres from 'C' Large Lot Zone to 'NC'
Neighborhood Commercial, and 18.85 acres from 'C' Large Lot Zone to 'R-6'
Residential, generally located near the southeast corner of Twin Peaks Road and
Tangerine Road (Cynthia Ross)
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D1 Relating to Legislation and Government Actions; discussion and possible action
regarding all pending state, federal, and local legislation/government actions and on
recent and upcoming meetings of the other governmental bodies (Gilbert Davidson)
EXECUTIVE SESSIONS
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which
will not be open to the public, to discuss certain matters.
E1 Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for
discussion or consultation for legal advice with the Town Attorney concerning any
matter listed on this agenda.
FUTURE AGENDA ITEMS
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FUTURE AGENDA ITEMS
Notwithstanding the mayor’s discretion regarding the items to be placed on the agenda, if three
or more Council members request that an item be placed on the agenda, it must be placed on the
agenda for the second regular Town Council meeting after the date of the request, pursuant to
Marana Town Code Section 2-4-2(B).
ADJOURNMENT
Marana Regular Council Meeting 10/17/2017 Page 5 of 382
Council-Regular Meeting P1
Meeting Date:10/17/2017
Submitted For:Jocelyn C. Bronson, Town Clerk
From:Suzanne Sutherland, Assistant to the Town Clerk
Date:October 17, 2017
Subject:Proclaiming October 25 - 26, 2017 as Construction Career Days (Jocelyn C.
Bronson)
Attachments
Proclamation -- October 25 - 26, 2017 Construction Career Days
Marana Regular Council Meeting 10/17/2017 Page 6 of 382
Marana Regular Council Meeting 10/17/2017 Page 7 of 382
Council-Regular Meeting C1
Meeting Date:10/17/2017
To:Mayor and Council
From:Lisa Shafer, Community Development Director
Date:October 17, 2017
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution No. 2017-096: Relating to Police Department; approving and
authorizing the Chief of Police and the Town Manager to execute Governor's Officer of
Highway Safety (GOHS) Contract Numbers 2018-II-003, 2018-PTS-033, and
2018-405d-025 between the State of Arizona by and through the Governor's Office of
Highway Safety (GOHS) and the Town of Marana for grant funding for DUI/Impaired
Driving Enforcement and STEP Enforcement and Know Your Limit Program (Lisa
Shafer)
Discussion:
The Town of Marana Police Department has been awarded three grants from the
Governor's Office on Highway Safety totaling $85,000. Two of the grants will fund $70,000 in
overtime for officers to support DUI Enforcement and STEP/Speed Enforcement activities. These
federal funds will support personnel services (Overtime) and employee-related expenses (fringe
benefits) for those officers participating in the enforcement activities. The third grant is for
$15,000 and will also fund overtime and employee-related expenses for a new Know Your Limit
Program. This program will provide additional educational programs and intervention techniques
beyond our outreach programs already in place with the local high school and citizens
academy. Officers will be going out to events in Marana where alcohol is being served and
providing public awareness and education of the effects of consuming alcohol.
Over the past few years, the number of impaired drivers on Marana streets has been greatly
reduced due to these efforts. Although great strides have been made in making Marana’s roadways
safer, there are still a large number of impaired drivers getting behind the wheel every day. The
Marana Police Department is responding to this problem by increasing education, visibility,
enforcement, and officer training. The overall goal is to reduce the number of accidents, injuries,
and deaths caused by impaired and aggressive drivers. The grants provide funding for programs
to combat excessive speed and aggressive driving, to initiate a coordinated education and
enforcement effort utilizing internal resources and allowing the MPD to increase efforts to reduce
Marana Regular Council Meeting 10/17/2017 Page 8 of 382
speeding and aggressive and impaired driving, heading off the behaviors that lead to increased
incidents of motor vehicle accidents.
This overtime funding will also allow Marana to continue participation on the Southern Arizona
DUI Task Force, increasing the number of marked patrol units on the streets during peak DUI
times and in targeted locations. This increased activity will serve as a deterrent and increase
formal enforcement to reduce the number of impaired and aggressive drivers on Arizona
roadways. The Town will provide event-specific, department-initiated DUI and
speed enforcement and work in a coordinated effort with other agencies to reduce the number of
individuals under the influence through enforcement and education efforts and to reduce the
number of aggressive drivers in the region.
Financial Impact:
Fiscal Year:2018
Budgeted Y/N:Y
Amount:$85,000
All of the officers' overtime will be fully reimbursed by this grant and the equipment is fully
funded and does not have a match.
Staff Recommendation:
Staff recommends approval of the three grant agreements.
Suggested Motion:
I move to adopt Resolution No. 2017-096, approving and authorizing the Chief of Police and the
Town Manager to execute Governor's Officer of Highway Safety (GOHS) contract numbers
2018-II-003, 2018-PTS-033, and 2018-405d-025 between the State of Arizona by and
through GOHS and the Town of Marana for grant funding for DUI/Impaired Driving
Enforcement and STEP Enforcement and Know Your Limit Program.
Attachments
Resolution No. 2017-096
DUI Contract
STEP/Speed Contract
Know Your Limits Contract
Marana Regular Council Meeting 10/17/2017 Page 9 of 382
00054450.DOC /1
Marana Resolution No. 2017-096 - 1 -
MARANA RESOLUTION NO. 2017-096
RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF
POLICE AND THE TOWN MANAGER TO EXECUTE GOHS CONTRACT NUMBERS 2018-
II-003, 2018-PTS-033, AND 2018-405D-025 BETWEEN THE STATE OF ARIZONA BY AND
THROUGH THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY (GOHS) AND THE TOWN
OF MARANA FOR GRANT FUNDING FOR DUI/IMPAIRED DRIVING ENFORCEMENT
AND STEP ENFORCEMENT AND KNOW YOUR LIMIT PROGRAM
WHEREAS the State of Arizona, by and through the Governor’s Office of Highway Safety
(GOHS) sought proposals from state and local agencies for projects relating to all aspects of highway
safety; and
WHEREAS on February 21, 2017, the Town Council adopted Resolution No. 2017-012
authorizing the Chief of Police to submit projects to be considered for funding for FY 2017-2018 in the
form of reimbursable grants from the National Highway Traffic Safety Administration and the Arizona
Oversight Council on Driving or Operating under the Influence Abatement; and
WHEREAS the Town of Marana recognizes its duty to protect its citizens through effective
police powers; and
WHEREAS GOHS has awarded grant funding to the Marana Police Department for DUI and
speed enforcement; and
WHEREAS the Town Council finds that it is in the best interests of the community to enter into
grant agreements with GOHS to be eligible to receive the awarded grant funds.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA AS FOLLOWS:
SECTION 1. GOHS Contract Number 2018-II-003, attached to and incorporated by this
reference in this resolution as Exhibit A, GOHS Contract Number 2018-PTS-033, attached to and
incorporated by this reference in this resolution as Exhibit B, and GOHS Contract Number 2018-405d-
025, attached to and incorporated by this reference in this resolution as Exhibit C, between the State of
Arizona by and through the Governor’s Office of Highway Safety (GOHS) and the Town of Marana,
are hereby approved and the Chief of Police and the Town Manager are hereby authorized to execute
them for and on behalf of the Town of Marana.
Marana Regular Council Meeting 10/17/2017 Page 10 of 382
00054450.DOC /1
Marana Resolution No. 2017-096 - 2 -
SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake
all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the
three approved grant agreements.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 17th day of October, 2017.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Regular Council Meeting 10/17/2017 Page 11 of 382
1
GOVERNOR'S OFFICE OF
HIGHWAY SAFETY
STATE OF ARIZONA
HIGHWAY SAFETY CONTRACT
This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire
Contract between the parties hereto unless the Governor’s Highway Safety Representative authorizes deviation in writing.
FAIN: 69A3751830000405dAZM CFDA: 20.616
1. APPLICANT AGENCY GOHS CONTRACT NUMBER:
Marana Police Department 2018-II-003
ADDRESS PROGRAM AREA:
11555 W. Civic Center Dr, Marana, AZ 85653 405d
2. GOVERNMENTAL UNIT AGENCY CONTACT:
Town of Marana Lisa Shafer
ADDRESS 3. PROJECT TITLE:
11555 W. Civic Center Dr, Marana, AZ 85653 DUI/Impaired Driving Enforcement
4. GUIDELINES:
405d
5. BRIEFLY STATE PURPOSE OF PROJECT:
Federal 405d funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance
DUI/Impaired Driving Enforcement throughout the Town of Marana.
6. BUDGET
COST CATEGORY
Project Period
FFY 2018
I. Personnel Services $29,049.00
II. Employee Related Expenses $10,951.00
III. Professional and Outside Services $0.00
IV. Travel In-State $0.00
V. Travel Out-of-State $0.00
VI. Materials and Supplies $0.00
VII. Capital Outlay $0.00
TOTAL ESTIMATED COSTS $40,000.00
PROJECT PERIOD FROM: Effective Date
(Date of GOHS Director Signature) TO: 09-30-2018
CURRENT GRANT PERIOD FROM: 10-01-2017 TO: 09-30-2018
TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $40,000.00
A political subdivision or State agency that is mandated to provide a certified resolution or ordinance
authorizing entry into this Contract must do so prior to incurring any expenditures. Failure to do so may result
in termination of the awarded Contract.
Marana Regular Council Meeting 10/17/2017 Page 12 of 382
Marana Police Department
GOHS HIGHWAY
SAFETY CONTRACT 2018-II-003
2
PROBLEM IDENTIFICATION AND RESOLUTION:
Agency Background:
Number of sworn officers: 92
Total Population in city/town or county: 43,752
Total Road Mileage: Highway: 18 Local: 294 Total: 312
Agency Problem/Attempts to Solve Problem:
The Marana Police Department (MPD) actively works on impaired driving related issues through a focus on
enforcement and education. The Department has traditionally had a large number of arrests with extreme blood
alcohol concentration. The Town continues to see a steady increase in number of residents and new businesses.
Unfortunately staffing levels still have not kept up with the increase for service, therefore resulting in increased
workloads that are reactionary in nature at times. This leaves very little time for officers to do proactive
enforcement and education with the public. Staffing proactive DUI/Impaired driving enforcement deployments
is many times only feasible with overtime grant funding.
Agency Funding:
Federal 405d funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance
DUI/Impaired Driving Enforcement throughout the Town of Marana.
How Agency Will Solve Problem With Funding:
Funding will facilitate the deployments of specially trained officers to locate, investigate, and arrest impaired
driving offenders who endanger the public. During specific holiday periods, MPD will participate in
coordinated multi-agency task forces that will perform DUI saturation patrols. The goal of these high-profile
DUI enforcement deployments is to serve as a deterrent and reduce the number of impaired drivers on Arizona
roadways. The Marana Police Department is confident that by continuing aggressive DUI enforcement and
community education it can reduce the number of impaired driver incidents, collisions, deaths, injuries, and
property damage caused by impaired drivers.
Marana Regular Council Meeting 10/17/2017 Page 13 of 382
Marana Police Department
GOHS HIGHWAY
SAFETY CONTRACT 2018-II-003
3
PROJECT MEASURES:
Agency Goals:
To decrease the number of impaired-related crashes 15% from 34 during calendar year 2016 to 29 by December
31, 2018.
To decrease fatalities in impaired-related crashes 100% from 2 in calendar year 2016 to 0 by December 31,
2018.
To decrease serious injuries in impaired-related crashes 30 % from 10 in calendar year 2016 to 7 by December
31, 2018.
Contract Objectives:
To participate in a minimum of 3 DUI saturation patrols per quarter during FFY 2018.
To participate in a minimum of 1 DUI task force operations per quarter during FFY 2018.
Additional Contract Objectives:
1. Conduct a minimum of two (2) deployments with other Southern Arizona Taskforce agencies during FFY
2018.
2. Conduct three (3) DUI training sessions for enforcement personnel during FFY 2018.
Marana Regular Council Meeting 10/17/2017 Page 14 of 382
Marana Police Department
GOHS HIGHWAY
SAFETY CONTRACT 2018-II-003
4
GOALS/OBJECTIVES:
Federal 405d funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance
DUI/Impaired Driving Enforcement throughout the Town of Marana.
Expenditures of funding pertaining to Impaired Driving Enforcement including Personnel Services and ERE,
Materials and Supplies, Capital Equipment, and/or Travel In and Out-of-State shall comply with the Impaired
Driving Program goals provided by the Arizona Governor's Office of Highway Safety. The Impaired Driving
Program goal is to reduce the incidences of alcohol and drug related driving fatalities and injuries through
enforcement, education, and public awareness throughout the State of Arizona. Law enforcement personnel
participating in Impaired Driving Enforcement/DUI activities including, DUI Task Force details under this
program, shall be HGN/SFST certified.
MEDIA RELEASE:
To prepare complete press release information for media (television, radio, print, and on-line) during each
campaign period including a main press release, schedule of events, departmental plans, and relevant data. The
material will emphasize the campaign’s purpose, aggressive enforcement, and the high cost of
DUI/Impaired Driving in terms of money, criminal, and human consequences.
The Marana Police Department will maintain responsibility for reporting sustained enforcement activity in a
timely manner. Additionally, it is the responsibility of the Marana Police Department to report all holiday task
force enforcement statistics to GOHS on-line at the GOHS website no later than 10:00 a.m. the morning
following each day of the event.
The holidays and special events include but not limited to: Super Bowl Sunday, Valentine's Day, President’s
Day, St. Patrick’s Day, Spring Break, Easter, Cinco de Mayo, Prom Night, Memorial Day, Graduation Day,
Independence Day, Labor Day, Columbus Day, Halloween, and the Thanksgiving through New Year’s details.
PLEASE NOTE: Failure to submit Statistics, Quarterly Reports, and/or Report of Costs Incurred
(RCIs) timely and correctly may delay reimbursement for expenditures to your Agency.
METHOD OF PROCEDURE:
The Marana Police Department will make expenditures, as follows, to meet the outlined Program
Goals/Objectives:
Personnel Services - To support Overtime for DUI/Impaired Driving Enforcement Activities
Employee Related Expenses - To support Employee Related Expenses for Agency Overtime
PRESS RELEASE:
Agencies are required to develop and distribute a press release announcing this grant award upon receipt of
the executed Contract. A copy of this press release shall be sent to the GOHS Director for approval prior to
being sent to the media. This press release shall include the objective and specify that the funding is from the
Governor’s Office of Highway Safety.
Marana Regular Council Meeting 10/17/2017 Page 15 of 382
Marana Police Department
GOHS HIGHWAY
SAFETY CONTRACT 2018-II-003
5
BAC TESTING AND REPORTING REQUIREMENTS:
Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions.
Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to
assess progress toward reducing impaired driving.
Each law enforcement agency that receives an enforcement-related grant is required to ensure that
accurate data on all drivers involved is reported. Failure to comply may result in withholding funds and
cancellation of the enforcement contract until this requirement is met.
PURSUIT POLICY:
All law enforcement agencies receiving Federal funds are encouraged to follow the guidelines established for
vehicular pursuits issued by the International Association of Chiefs of Police (IACP) that are currently in effect.
METHOD OF PROCUREMENT:
The application of USDOT "Common Rule" and Circular A-102 requires that:
Grantees and sub-grantees will use their own procurement procedures which reflect applicable State and local
laws and regulations, provided the procurement procedures conform to applicable Federal laws and standards.
The most stringent purchasing requirement at each level must be met. If the Agency does not have a
procurement process, the Agency may use the State procurement process.
A clear audit trail must be established to determine costs charged against this Contract. Substantiation of costs
shall, where possible, be made utilizing the Marana Police Department documentation consisting of, but not
limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment.
The Agency shall retain copies of all documentation in the project file.
State Contract:
Procurement may be made using an open State contract award. Documents submitted to substantiate purchases
using an open State contract must bear the contract number.
PROJECT EVALUATION:
This project shall be administratively evaluated to ensure the objectives have been met.
Quarterly Report
The purpose of the Quarterly Report is to provide information on contracted grant activities conducted at the
conclusion of each active quarter. The information provided is used to review progress of the funded project
and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles,
and mandatory statistical data provided in this report are analyzed by the assigned Project Coordinator. It is
critical the report contains the following information:
Original signatures on all Quarterly Reports and RCIs
• All Quarterly Reports and RCIs shall include the signature of the Project
Director unless prior authorization for another is on file with GOHS.
Marana Regular Council Meeting 10/17/2017 Page 16 of 382
Marana Police Department
GOHS HIGHWAY
SAFETY CONTRACT 2018-II-003
6
Report Schedule
Reporting Period Due Date
1st Quarterly Report and RCI (October 1 to December 31, 2017) January 30, 2018
2nd Quarterly Report and RCI (January 1 to March 31, 2018) April 20, 2018
3rd Quarterly Report and RCI (April 1 to June 30, 2018) July 20, 2018
4th Quarterly Report and RCI (July 1 to September 30, 2018) October 15, 2018
Final Statement of Accomplishments October 15, 2018
The Quarterly Report shall be completed on the form available on-line and can be submitted by email to
the Governor’s Office of Highway Safety.
NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER
STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON-LINE GOHS DUI REPORTING
SYSTEM, IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT.
Final Statement of Accomplishments
The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no later than
fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). All agencies receiving
funding are required to submit a Final Statement of Accomplishments Report.
Note: Failure to comply with the outlined GOHS reporting requirements may result in withholding of Federal
funds or termination of the Contract.
PROFESSIONAL AND TECHNICAL PERSONNEL:
Terry Rozema, Chief, Marana Police Department, shall serve as Project Director.
Lisa Shafer, Community Development Director, Marana Police Department, shall serve as Project
Administrator.
Shane Radford, Governor's Office of Highway Safety, shall serve as Project Coordinator.
REPORT OF COSTS INCURRED (RCI):
The Agency shall submit a Report of Costs Incurred (RCI), with supporting documentation attached, to the
Governor’s Office of Highway Safety on a quarterly basis, for each active quarter, in conjunction with the
required report. Agencies may submit additional RCI forms for expenditures when funds have been expended
for which reimbursement is being requested.
Accepted supporting documentation to submit with a Report of Cost Incurred (RCI) includes, but is not limited
to; scanned copies of timesheets, payroll records, paid invoices/purchase orders, and other account records.
RCIs shall be typed and delivered via mail or hand delivered with appropriate supporting documentation to the
Governor’s Office of Highway Safety. Electronically submitted RCIs will not be accepted. Final RCIs will
not be accepted fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th).
Expenditures submitted after the expiration date may not be reimbursed and the Agency will accept
fiscal responsibility.
Marana Regular Council Meeting 10/17/2017 Page 17 of 382
Marana Police Department
GOHS HIGHWAY
SAFETY CONTRACT 2018-II-003
7
PROJECT MONITORING:
Highway safety grant project monitoring is used by GOHS project coordinators to track the progress of project
objectives, performance measures, and compliance with applicable procedures, laws, and regulations.
The process is used throughout the duration of the contracted project and serves as a continuous management
tool. Project monitoring also presents an opportunity to develop partnerships, share information, and provide
assistance to contracted agencies. Additionally, project monitoring outlines a set of procedures for project
review and documentation.
Project monitoring serves as a management tool for:
Detecting and preventing problems
Helping to identify needed changes
Identifying training or assistance needed
Obtaining data necessary for planning and evaluation
Identifying exemplary projects
Types of Monitoring
Monitoring is formal and informal, financial and operational. The most common types of monitoring are:
Ongoing contact with the contracted grantee through phone calls, e-mails, correspondence, and
meetings
On-Site and/or In-House monitoring reviews of project operations, management, and financial
records and systems
Review of project Quarterly Reports
Review and approval of Report of Costs Incurred (RCIs)
Desk review of other documents in the project grant files for timely submission and completeness
Monitoring Schedule
Total Awarded Amount: Type of Monitoring:
Under $50,000 Desk Review/Phone Conference
$50,000 and over May have an In-House GOHS Review
$100,000+ May have an On-Site Review
Capital Outlay Greater than $25,000 (combined) May have an On-Site Review
Desk Review
and Phone
Conference
Internal review of all written documentation related to contractual project including, but not
limited to the Contract, Quarterly Reports, enforcement data, financial data, e-mails, letters,
notes, press releases, photographs, inventories, and other written correspondence. A phone
conference call conducted during the course of the project which includes the date and time
of the call, the person(s) contacted, and the results. It serves as an informational review to
determine progress of programmatic/financial activities. Both the designated project
administrator and fiscal contact should be present, if possible, during the phone conference.
If identified financial or operational problems are present, GOHS reserves the right to bring
the grantee in for an in-house meeting at GOHS. Monitoring form written by Project
Coordinator, any findings, areas of improvement, concern, or recognition will be provided
to the grantee.
In-House
Review
Documents performance review results including project activities, reimbursement claims
review, equipment purchases, approvals, and other information. Reviews applicable
information related to the project(s) including, but not limited to the Contract, Quarterly
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Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs,
inventories, and other written correspondence. Completed at GOHS in a meeting with
appropriate operational and financial personnel. Monitoring form written by Project
Coordinator, any findings, areas of improvement, concern, or recognition will be provided
to the grantee.
On-Site
Monitoring
Documents performance review results including project activities, reimbursement claims
review, equipment purchases, and other information. Reviews applicable information related
to the project(s) including, but not limited to the Contract, Quarterly Reports, enforcement
data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other
written correspondence. Conducted on-site at the grantee’s Agency with monitoring form
completed on-site by Project Coordinator. Any findings, areas of improvement, concern, or
recognition, will be provided to the grantee.
On-site and/or in-house monitoring for grantees of designated projects with large Capital Outlay purchases,
personnel services, and complex projects must be completed within the second or third quarter of the fiscal
year. Contracted projects displaying any problems may need on-site monitoring more than once during the
fiscal year.
On-site and/or In-house monitoring includes a review and discussion of all issues related to ensure the effective
administration of the contracted project. The following are the most important items to review:
Progress toward meeting goals/objectives and performance measures
Adherence to the contract specifications, timely submission of complete and correct reports,
including required documentation
Quarterly Reports
Status of expenditures related to the outlined budget
Accounting records and RCI's
Supporting documentation (training documentation, inventory sheets, photographs, press releases,
etc.)
In addition, the designated Agency will ensure that any equipment purchased will be available for inspection
and is being used for the purpose for which it was bought under the outlined contractual agreement.
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Documentation
The Governor’s Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form
in the Agency's respective Federal file. Findings will be discussed with the designated contract representative
(Project Administrator, fiscal specialist) by phone and/or e-mail. All noted deficiencies will be provided to the
grantee with guidance for improvement and solutions to problems. Grantees that exhibit significantly poor
performance may be placed on a performance plan as outlined by the GOHS Director. Grantee monitoring
information will additionally provide documentation for potential funding in subsequent fiscal year grant
proposal review.
PROJECT PERIOD:
The project period shall commence on the date the GOHS Director signs the Highway Safety Contract and
terminate on September 30th of that or subsequent year as indicated on the Highway Safety Contract.
DURATION:
Contracts shall be effective on the date the Governor’s Office of Highway Safety Director signs the Contract
and expire at the end of the project period.
If the Agency is unable to expend the funds in the time specified, the Agency will submit notification on the
Agency’s letterhead and hand deliver or submit via regular mail to the Director of the Governor's Office of
Highway Safety a minimum of sixty days (60) prior to the end of the project period.
The Agency shall address all requests to modify the Contract to the Director of the Governor’s Office of
Highway Safety on Agency's official letterhead and either hand deliver or submit the request via regular mail.
All requests for modification must bear the signature of the Project Director.
Failure to comply may result in cancellation of the Contract. Any unexpended funds remaining at the
termination of the Contract shall be released back to the Governor’s Office of Highway Safety.
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ESTIMATED COSTS:
I. Personnel Services (overtime)
$29,049.00
II. Employee Related Expenses (ERE)
$10,951.00
III. Professional and Outside Services
$0.00
IV. Travel In-State
$0.00
V. Travel Out-of-State
$0.00
VI. Materials and Supplies
$0.00
VII. Capital Outlay
$0.00
TOTAL ESTIMATED COSTS *$40,000.00
*Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit
reimbursement of Employee Related Expenses from zero (0) to a maximum rate of forty (40) percent. This is
the maximum ERE amount to be reimbursed. It is agreed and understood that the Marana Police Department
shall absorb any and all expenditures in excess of $40,000.00.
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QUARTERLY ENFORCEMENT REPORT
(Submitted to GOHS)
Reporting Period
DESCRIPTION CONTRACT
ACTIVITY
AGENCY
ACTIVITY
Total Contacts (Traffic Stops)
Total Sober Designated Drivers Contacted
Total Know Your Limit Contacts
TOTAL DUI ARRESTS
Total DUI Aggravated
Total DUI Misdemeanor
Total DUI Extreme (.15 or Above)
Under 21 DUI Arrests
Average BAC
Minor Consumption / Possession Citations
Total DUI Drug Arrests
30-Day Vehicle Impounds
Seat Belt Citations
Child Restraint Citations
Criminal Speed Citations
Reckless Driving Citations
Civil Speed Citations
Other Citations (Except Speed)
Other Arrests
Participating Officer/Deputies (Cumulative)
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CERTIFICATIONS AND AGREEMENTS
This CONTRACT, is made and entered into by and between the STATE OF ARIZONA, by and through the
Governor’s Office of Highway Safety (GOHS) hereinafter referred to as "STATE", and the agency named in
this Contract, hereinafter referred to as "AGENCY".
WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC §§401-404), provides Federal
funds to STATE for approved highway safety projects; and
WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies,
governments, or political subdivisions upon application and approval by STATE and the United States
Department of Transportation (USDOT); and
WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for Federal funds for
approved highway safety projects; and
WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects;
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND
VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the following
terms and conditions and the following Federal and State Statutes, Rules, and Regulations:
I. Project Monitoring, Reports, and Inspections
A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the project, either
on-site or by telephone, during the life of the Contract.
B. AGENCY will submit Quarterly Reports (one for each three-month period of the project year) to
STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each
report will be given in this Contract or at any time thereafter by giving thirty (30) days written
notice to AGENCY by ordinary mail at the address listed on the Contract. Failure to comply with
Quarterly Report requirements may result in withholding of Federal funds or termination of this
Contract.
C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the Contract
to include all financial, performance, and other reports required as a condition of the grant to
STATE within thirty (30) days of the completion of the Contract.
D. Representatives authorized by STATE and the National Highway Traffic Safety Administration
(NHTSA) will have the right to visit the site and inspect the work under this Contract whenever
such representatives may determine such inspection is necessary.
II. Reimbursement of Eligible Expenses
A. AGENCY's Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form
(RCI) to STATE each time there have been funds expended for which reimbursement is being
requested. Failure to meet this requirement may be cause to terminate the project under Section
XX herein, "Termination and Abandonment".
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B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal
funds have been claimed and reimbursement received, as may have been determined by a State or
Federal audit.
C. STATE will have the right to withhold any installments equal to the reimbursement received by
AGENCY for prior installments which have been subsequently determined to be ineligible or
unauthorized.
III. Property Agreement
A. AGENCY will immediately notify STATE if any equipment purchased under this Contract ceases
to be used in the manner as set forth by this Contract. In such event, AGENCY further agrees to
either give credit to the project cost or to another active highway safety project for the residual
value of such equipment in an amount to be determined by STATE or to transfer or otherwise
dispose of such equipment as directed by STATE.
B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written
approval of STATE, or unless otherwise provided elsewhere in this Contract.
C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased
under this Contract.
D. AGENCY will incorporate any equipment purchased under this Contract into its inventory records.
E. AGENCY will insure any equipment purchased under this Contract for the duration of its useful
life. Self-insurance meets the requirements of this section.
IV. Travel
In -State and Out-of-State Travel
In state and out-of-state travel claims will be reimbursed at rates provided by AGENCY's regulations,
provided that such regulations are as restrictive as those of STATE. Where they are less restrictive,
ARS §38-624 will apply.
The State must approve all out-of-state travel in writing and in advance.
V. Standard of Performance
AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish
all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to
furnish pursuant to this Contract.
VI. Hold Harmless Agreement
Neither party to this agreement agrees to indemnify the other party or hold harmless the other party
from liability hereunder. However, if the common law or a statute provides for either a right to
indemnify and/or a right to contribution to any party to this agreement then the right to pursue one or
both of these remedies is preserved.
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VII. Non-Assignment and Sub-Contracts
This Contract is not assignable nor may any portion of the work to be performed be subcontracted
unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned
or operated by other than AGENCY unless agreed to in writing by STATE.
VIII. Work Products and Title to Commodities and Equipment
A. The work product and results of the project are the property of STATE, unless otherwise specified
elsewhere in this Contract. All property, instruments, non-consumable materials, supplies, and the
like, which are furnished or paid for by STATE under the terms of this Contract, unless otherwise
provided for elsewhere in this Contract, are and remain the property of STATE and will be returned
at the completion of this project upon request of STATE. The work product and results of the
project will be furnished to STATE upon request, if no provision is otherwise made by this
Contract.
B. The provisions of subparagraph A apply whether or not the project contracted for herein is
completed.
IX. Copyrights and Patents
Any copyrightable materials, patentable discovery, or invention produced in the course of this project
may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE
does not wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will
be made by AGENCY for royalty-free, nonexclusive, nontransferable, and irrevocable licenses to be
given the United States Government and STATE and its political subdivisions to use such copyrightable
material, patented discoveries, or inventions in any manner they see fit. The STATE reserves the right
to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed
in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patent.
X. "Common Rule" and OMB Circular No. A-102 (Revised)
"Common Rule" (49 CFR Part 18): Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments
OMB Circular No. A-102 (Revised): Grants and Cooperative Agreements with State and Local
Governments
The application of USDOT "Common Rule" and Circular A-102 requires that:
AGENCY and sub-grantees will use their own procurement procedures, which reflect applicable State
and local laws and regulations, provided that the procurements conform to applicable Federal law. The
most stringent purchasing requirement at each level must be met.
The Arizona Procurement Code (ARS §41-2501, et. seq.) and promulgated rules (A.A.C. Title 2,
Chapter 7) are a part of this Contract as if fully set forth herein and AGENCY agrees to fully comply
with these requirements for any procurement using grant monies from this Contract.
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XI. Non-Discrimination
During the performance of this contract/funding agreement, the contractor/funding recipient agrees—
A. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time
to time;
B. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination law or regulation, as set forth in Appendix B of 49 CFR part 2l and herein;
C. To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the State highway safety office, US DOT or NHTSA;
D. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions
in this contract/funding agreement, the State highway safety agency will have the right to impose
such contract/agreement sanctions as it or NHTSA determine are appropriate, including, but not
limited to, withholding payments to the contractor/funding recipient under the contract/agreement
until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a
contract or funding agreement, in whole or in part; and
E. To insert this clause, including paragraphs A through E, in every subcontract and subagreement
and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this
program.
F. If AGENCY fails or refuses to comply with its undertaking as set forth in these provisions, STATE
or the USDOT may take any or all of the following actions:
1. Cancel, terminate, or suspend, in whole or in part, the agreement, contract, or other
arrangement with respect to which the failure or refusal occurred; and
2. Refrain from extending any further Federal financial assistance to AGENCY under the
Highway Safety Program with respect to which the failure or refusal occurred until satisfactory
assurance of future compliance has been received from AGENCY.
G. Pursuant to the requirement of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794),
AGENCY must operate this Highway Safety Project so that it is accessible and otherwise non-
discriminatory to handicapped persons.
XII. Executive Order 2009-09
It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order
2009-09, Non-Discrimination in Employment by Government Contractors and Subcontractors.
Executive Order 2009-09 is located in Part II of the Project Director's Manual.
XIII. Application of Hatch Act
The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the
political activities of employees whose principal employment activities are funded in whole or in part
with Federal funds.
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XIV. Minority Business Enterprises (MBE) Policy and Obligation
A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR Part
23, will have the maximum opportunity to participate in the performance of contracts financed in
whole or in part with Federal funds under this Contract. Consequently, the minority business
enterprises requirements of 49 CFR Part 23 apply to this Contract.
B. Obligation: The recipient or its contractor agrees to ensure that minority business enterprises, as
defined in 49 CFR Part 23, have the subcontracts financed in whole or in part with Federal funds
provided under this Contract. In this regard, all recipients or contractors will take all necessary and
reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business enterprises
have the maximum opportunity to compete for and perform contracts. Recipients and their
contractors will not discriminate on the basis of race, color, creed, sex, or national origin in the
award and performance of USDOT-assigned contracts.
XV. Arbitration Clause, ARS §12-1518
Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable
administrative reviews, to resolve disputes arising out of this Contract where the provisions of
mandatory arbitration apply.
XVI. Inspection and Audit, ARS §35-214
Pursuant to ARS §35-214, all books, accounts, reports, files, and other records relating to this Contract
will be subject at all reasonable times to inspection and audit by STATE for five (5) years after
completion of this Contract. The records will be produced at the Governor’s Office of Highway Safety.
XVII. Appropriation of Funds by U.S. Congress
It is agreed that in no event will this Contract be binding on any party hereto unless and until such time
as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project
submitted herein and then only for the fiscal year for which such allocation is made. In the event no
funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein
for subsequent fiscal years, this Contract will be null and void, except as to that portion for which funds
have then been appropriated or allocated to this project, and no right of action or damages will accrue
to the benefit of the parties hereto as to that portion of the Contract or project that may so become null
and void.
XVIII. Continuation of Highway Safety Program
It is the intention of AGENCY to continue the Highway Safety Program identified in this Contract once
Federal funding is completed. This intended continuation will be based upon cost effectiveness and an
evaluation by AGENCY of the program's impact on highway safety.
XIX. E-Verify
Both parties acknowledge that immigration laws require them to register and participate with the E-
Verify Program (employment verification program administered by the United States Department of
Homeland Security and the Social Security Administration or any successor program) as they both
employ one or more employees in this State. Both parties warrant that they have registered with and
participate with E-Verify. If either party later determines that the other non-compliant party has not
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complied with E-Verify, it will notify the non-compliant party by certified mail of the determination
and of the right to appeal the determination.
XX. Termination and Abandonment
A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein,
except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the
project for which services have not been already performed by AGENCY.
B. In the event STATE abandons the services or any part of the services as herein provided, STATE
will notify AGENCY in writing and within twenty-four (24) hours after receiving such notice,
AGENCY will discontinue advancing the work under this Contract and proceed to close said
operations under the Contract.
C. The appraisal value of work performed by AGENCY to the date of such termination or
abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final
reimbursement made to AGENCY on the basis of costs incurred. Upon termination or
abandonment, AGENCY will deliver to STATE all documents, completely or partially completed,
together with all unused materials supplied by STATE.
D. AGENCY may terminate or abandon this Contract upon thirty (30) days written notice to STATE,
provided there is subsequent concurrence by STATE. Termination or abandonment by AGENCY
will provide that costs can be incurred against the project up to and including sixty (60) days after
notice is given to STATE.
E. Any equipment or commodities which have been purchased as a part of this Contract and which
have not been consumed or reached the end of its useful life will be returned to STATE upon its
written request.
XXI. Cancellation Statute
All parties are hereby put on notice that this Contract is subject to cancellation pursuant to ARS §38-
511, the provisions of which are stated below.
In accordance with ARS §38-511, this Contract may be cancelled without penalty or further obligation
if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract
on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time
while the Contract or any extension of the Contract is in effect, an employee of any other party to the
Contract in any capacity or a consultant to any other party of the Contract with respect to the subject
matter or the Contract.
The cancellation shall be effective when written notice from the Governor or Chief Executive Officer
or governing body of the political subdivision is received by all other parties to the Contract unless the
notice specifies a later time.
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AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE
Acceptance of Condition
It is understood and agreed by the undersigned that a grant received as a result of this Contract is subject
to the Highway Safety Act of 1966, as amended (23 U.S.C.A. §§401-404), ARS §28-602, and all
administrative regulations governing grants established by the USDOT and STATE. It is expressly
agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety
Program and that AGENCY will meet the requirements as set forth in the accompanying Project
Director's Manual, which are incorporated herein and made a part of this Contract. All State and Federal
Statutes, Rules, Regulations, and Circulars referenced in this Contract are a part of this document as if
fully set forth herein. It is also agreed that no work will be performed nor any obligation incurred until
AGENCY is notified in writing that this project has been approved by the Governor's Highway Safety
Representative.
Certificate of Compliance
This is to certify that AGENCY will comply with all of the State and Federal Statutes, Rules and
Regulations identified in this Contract.
Certification of Non-Duplication of Grant Funds Expenditure
This is to certify that AGENCY has no ongoing nor completed projects under contract with other
Federal fund sources which duplicate or overlap any work contemplated or described in this Contract.
It is further certified that any pending or proposed request for other Federal grant funds which would
duplicate or overlap work described in the Contract will be revised to exclude any such duplication of
grant fund expenditures. It is understood that any such duplication of Federal funds expenditures
subsequently determined by audit will be subject to recovery by STATE.
Single Audit Act
If your political subdivision has had an independent audit meeting the requirements of the Single Audit
Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to GOHS, Attention: Fiscal Services
Officer, within thirty (30) days of the effective date of this Contract. If such audit has not been
performed, please advise when it is being scheduled.
Buy America Act
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when
purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase only
steel, iron, and manufactured products produced in the United States with Federal funds, unless the
Secretary of Transportation determines that such domestically produced items would be inconsistent
with the public interest, that such materials are not reasonably available and of a satisfactory quality,
or that inclusion of domestic materials will increase the cost of the overall project contract by more
than twenty-five (25) percent. In order to use Federal funds to purchase foreign produced items, the
State must submit a waiver request that provides an adequate basis and justification to and approved
by the Secretary of Transportation.
Prohibition on Using Grant Funds to Check for Helmet Usage
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check
helmet usage or to create checkpoints that specifically target motorcyclists.
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Certification Regarding Debarment and Suspension
A. By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1300.
B. The inability of a person to provide the certification required below will not necessarily result in
denial of participation in this covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below. The certification or explanation
will be considered in connection with the department or agency's determination whether to enter
into this transaction. However, failure of the prospective primary participant to furnish a
certification or an explanation shall disqualify such person from participation in this transaction.
C. The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined
that the prospective primary participant knowingly rendered an erroneous certification, in addition
to other remedies available to the Federal Government, the department or agency may terminate
this transaction for cause or default or may pursue suspension or debarment.
D. The prospective primary participant shall provide immediate written notice to the department or
agency to which this proposal is submitted if at any time the prospective primary participant learns
its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
E. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, as used in this clause, have the meaning set out
in the Definitions and Coverage sections of 2 CFR part 180. You may contact the department or
agency to which this proposal is being submitted for assistance in obtaining a copy of those
regulations.
F. The prospective primary participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by NHTSA.
G. The prospective primary participant further agrees by submitting this proposal that it will include
the clause titled Instructions for Lower Tier Certification including the Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered Transaction,
provided by the department or agency entering into this covered transaction, without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered transactions and
will require lower tier participants to comply with 2 CFR parts 180 and 1300.
H. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not required to,
check the list of Parties Excluded from Federal Procurement and Non-procurement Programs.
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I. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
J. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, the department or agency may disallow
costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take
other remedies as appropriate.
Certification Regarding Debarment, Suspension, and Other Responsibility Matter
A. The prospective primary participant certifies to the best of its knowledge and belief, that its
principal:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency;
2. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of record,
making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
B. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Certification
A. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1300.
B. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available
to the Federal government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
C. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its
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certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
D. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out
in the Definition and Coverage sections of 2 CFR part 180. You may contact the person to whom
this proposal is submitted for assistance in obtaining a copy of those regulations.
E. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by NHTSA.
F. The prospective lower tier participant further agrees by submitting this proposal that it will include
the clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts
180 and 1300.
G. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not required to,
check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
H. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
I. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, the department or agency with which
this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work
order, debar or suspend you, or take other remedies as appropriate.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor
its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
B. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
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REIMBURSEMENT INSTRUCTIONS
1. Agency Official preparing the Report of Costs Incurred:
Name:
Title:
Telephone Number: Fax Number:
E-mail Address:
2. Agency's Fiscal Contact:
Name:
Title:
Telephone Number: Fax Number:
E-mail Address:
Federal Identification Number:
3. REIMBURSEMENT INFORMATION:
Warrant/Check to be made payable to:
Warrant/Check to be mailed to:
(Agency)
(Address)
(City, State, Zip Code)
4. DUNS Number:
(DUNS #)
(Registered Address & Zip Code)
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Restriction on State Lobbying
None of the funds under this program will be used for any activity specifically designed to urge or
influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct and
indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State
official whose salary is supported with NHTSA funds from engaging in direct communications
with State or local legislative officials, in accordance with customary State practice, even if such
communications urge legislative officials to favor or oppose the adoption of a specific pending
legislative proposal.
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned will
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
C. The undersigned will require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all sub-recipients will certify and disclose
accordingly.
D. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31 USC §1352. Any person who fails to file the
required certification will be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature of Project Director: Signature of Authorized Official of
Governmental Unit:
Terry Rozema, Chief Gilbert Davidson, Town Manager
Marana Police Department Town of Marana
Date Telephone Date Telephone
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AUTHORITY & FUNDS
1. This Project is authorized by 23 U.S.C. §405 and regulations promulgated there under, more particularly
Volume 102, and if State funds are involved, this project is authorized by ARS §28-602.
The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of
Transportation. The expenses are reimbursable under Arizona's Highway Safety Plan Program Area 405d,
as approved for by the National Highway Traffic Safety Administration.
2. A. EFFECTIVE DATE: B. FEDERAL FUNDS:
Authorization to Proceed Date $40,000.00
3. AGREEMENT AND AUTHORIZATION TO PROCEED
by State Official responsible to Governor for the
administration of the State Highway Safety Agency
Alberto Gutier, Director Approval Date
Governor's Office of Highway Safety
Governor's Highway Safety Representative
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1
GOVERNOR'S OFFICE OF
HIGHWAY SAFETY
STATE OF ARIZONA
HIGHWAY SAFETY CONTRACT
This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire
Contract between the parties hereto unless the Governor’s Highway Safety Representative authorizes deviation in writing.
FAIN: 69A37518300004020AZ0 CFDA: 20.600
1. APPLICANT AGENCY GOHS CONTRACT NUMBER:
Marana Police Department 2018-PTS-033
ADDRESS PROGRAM AREA:
11555 W. Civic Center Dr, Marana, AZ 85653 402-PTS
2. GOVERNMENTAL UNIT AGENCY CONTACT:
Town of Marana Lisa Shafer
ADDRESS 3. PROJECT TITLE:
11555 W. Civic Center Dr, Marana, AZ 85653 STEP Enforcement
4. GUIDELINES:
402–Police Traffic Services (PTS)
5. BRIEFLY STATE PURPOSE OF PROJECT:
Federal 402 funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance
STEP Enforcement throughout the Town of Marana.
6. BUDGET
COST CATEGORY
Project Period
FFY 2018
I. Personnel Services $21,786.00
II. Employee Related Expenses $8,217.00
III. Professional and Outside Services $0.00
IV. Travel In-State $0.00
V. Travel Out-of-State $0.00
VI. Materials and Supplies $0.00
VII. Capital Outlay $0.00
TOTAL ESTIMATED COSTS $30,000.00
PROJECT PERIOD FROM: Effective Date
(Date of GOHS Director Signature) TO: 09-30-2018
CURRENT GRANT PERIOD FROM: 10-01-2017 TO: 09-30-2018
TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $30,000.00
A political subdivision or State agency that is mandated to provide a certified resolution or ordinance
authorizing entry into this Contract must do so prior to incurring any expenditures. Failure to do so may result
in termination of the awarded Contract.
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PROBLEM IDENTIFICATION AND RESOLUTION:
Agency Background:
Number of sworn officers: 92
Total Population in city/town or county: 43,752
Total Road Mileage: Highway: 18 Local: 294 Total: 312
Agency Problem/Attempts to Solve Problem:
Marana continues to see a steady increase in the number of residents and new businesses. Unfortunately staffing
levels still have not kept up with the increase for service, therefore resulting in increased workloads that are
reactionary in nature at times. The Department also services seven elementary school zones, and a high volume
of traffic traveling to and from the high school. These areas are not only of obvious concern, but they yield a
high number of traffic related complaints. Currently, there are only five traffic officers available to handle these
school zones and other complaint areas.
Agency Funding:
Federal 402 funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance
STEP Enforcement throughout the Town of Marana.
How Agency Will Solve Problem With Funding:
Funding will provide the resources necessary for the Marana Police Department officers to expand efforts in
high stressed areas: reducing the number of high speed drivers on the roadways; and increasing visibility in
school and construction zones to serve as a deterrent. The Marana Police Department is confident that by
continuing aggressive traffic enforcement it can reduce the number of speed related collisions, deaths, injuries,
and property damage.
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PROJECT MEASURES:
Agency Goals:
To decrease the number of speeding-related crashes 10% from 873 during calendar year 2016 to 876 by
December 31, 2018.
To decrease fatalities in speeding-related crashes 100% from 1 in calendar year 2016 to 0 by December 31,
2018.
To decrease serious injuries in speeding-related crashes 10 % from 56 in calendar year 2016 to 50 by December
31, 2018.
Contract Objectives:
To increase the number of speeding and aggressive driving citations 15% from 1031 during Calendar Year
2016 to 1186 during FFY 2018.
Conduct targeted speed enforcement efforts a minimum of 2 times per month during FFY 2018.
Additional Contract Objectives:
1. Conduct a minimum of four school zone traffic enforcement saturation patrols.
2. Conduct high visibility traffic enforcement saturation patrol during local school's Fall Break, Christmas
Break, and Spring Break.
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GOALS/OBJECTIVES:
Federal 402 funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance
STEP Enforcement throughout the Town of Marana.
Expenditures of funding pertaining to the PTS/Selective Traffic Enforcement Program including Personnel
Services and ERE, Materials and Supplies, Capital Equipment, and/or Travel In and Out-of-State shall comply
with the PTS/Selective Traffic Enforcement Program goals provided by the Arizona Governor’s Office of
Highway Safety. The PTS/Selective Traffic Enforcement Program goal is to reduce the incidences of traffic
fatalities and injuries resulting from speeding, aggressive driving, red light running, and other forms of risky
driving behavior through enforcement, education, and public awareness throughout the State of Arizona.
MEDIA RELEASE:
To prepare complete press release information for media (television, radio, print, and on-line) during each
campaign period including a main press release, schedule of events, departmental plans, and relevant data. The
material will emphasize the campaign’s purpose, aggressive enforcement, and the high cost of Speeding
in terms of money, criminal, and human consequences.
The Marana Police Department will maintain responsibility for reporting sustained enforcement activity in a
timely manner. Additionally, it is the responsibility of the Marana Police Department to report all holiday task
force enforcement statistics to GOHS on-line at the GOHS website no later than 10:00 a.m. the morning
following each day of the event.
The holidays and special events include but not limited to: Super Bowl Sunday, Valentine's Day, President’s
Day, St. Patrick’s Day, Spring Break, Easter, Cinco de Mayo, Prom Night, Memorial Day, Graduation Day,
Independence Day, Labor Day, Columbus Day, Halloween, and the Thanksgiving through New Year’s details.
PLEASE NOTE: Failure to submit Statistics, Quarterly Reports, and/or Report of Costs Incurred
(RCIs) timely and correctly may delay reimbursement for expenditures to your Agency.
METHOD OF PROCEDURE:
The Marana Police Department will make expenditures, as follows, to meet the outlined Program
Goals/Objectives:
Personnel Services - To support Overtime for STEP/Speed Enforcement Activities
Employee Related Expenses - To support Employee Related Expenses for Agency Overtime
PRESS RELEASE:
Agencies are required to develop and distribute a press release announcing this grant award upon receipt of
the executed Contract. A copy of this press release shall be sent to the GOHS Director for approval prior to
being sent to the media. This press release shall include the objective and specify that the funding is from the
Governor’s Office of Highway Safety.
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BAC TESTING AND REPORTING REQUIREMENTS:
Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions.
Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to
assess progress toward reducing impaired driving.
Each law enforcement agency that receives an enforcement-related grant is required to ensure that
accurate data on all drivers involved is reported. Failure to comply may result in withholding funds and
cancellation of the enforcement contract until this requirement is met.
PURSUIT POLICY:
All law enforcement agencies receiving Federal funds are encouraged to follow the guidelines established for
vehicular pursuits issued by the International Association of Chiefs of Police (IACP) that are currently in effect.
METHOD OF PROCUREMENT:
The application of USDOT "Common Rule" and Circular A-102 requires that:
Grantees and sub-grantees will use their own procurement procedures which reflect applicable State and local
laws and regulations, provided the procurement procedures conform to applicable Federal laws and standards.
The most stringent purchasing requirement at each level must be met. If the Agency does not have a
procurement process, the Agency may use the State procurement process.
A clear audit trail must be established to determine costs charged against this Contract. Substantiation of costs
shall, where possible, be made utilizing the Marana Police Department documentation consisting of, but not
limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment.
The Agency shall retain copies of all documentation in the project file.
State Contract:
Procurement may be made using an open State contract award. Documents submitted to substantiate purchases
using an open State contract must bear the contract number.
PROJECT EVALUATION:
This project shall be administratively evaluated to ensure the objectives have been met.
Quarterly Report
The purpose of the Quarterly Report is to provide information on contracted grant activities conducted at the
conclusion of each active quarter. The information provided is used to review progress of the funded project
and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles,
and mandatory statistical data provided in this report are analyzed by the assigned Project Coordinator. It is
critical the report contains the following information:
Original signatures on all Quarterly Reports and RCIs
• All Quarterly Reports and RCIs shall include the signature of the Project
Director unless prior authorization for another is on file with GOHS.
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Report Schedule
Reporting Period Due Date
1st Quarterly Report and RCI (October 1 to December 31, 2017) January 30, 2018
2nd Quarterly Report and RCI (January 1 to March 31, 2018) April 20, 2018
3rd Quarterly Report and RCI (April 1 to June 30, 2018) July 20, 2018
4th Quarterly Report and RCI (July 1 to September 30, 2018) October 15, 2018
Final Statement of Accomplishments October 15, 2018
The Quarterly Report shall be completed on the form available on-line and can be submitted by email to
the Governor’s Office of Highway Safety.
NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER
STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON-LINE GOHS DUI REPORTING
SYSTEM, IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT.
Final Statement of Accomplishments
The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no later than
fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). All agencies receiving
funding are required to submit a Final Statement of Accomplishments Report.
Note: Failure to comply with the outlined GOHS reporting requirements may result in withholding of Federal
funds or termination of the Contract.
PROFESSIONAL AND TECHNICAL PERSONNEL:
Terry Rozema, Chief, Marana Police Department, shall serve as Project Director.
Lisa Shafer, Community Development Director, Marana Police Department, shall serve as Project
Administrator.
Shane Radford, Governor's Office of Highway Safety, shall serve as Project Coordinator.
REPORT OF COSTS INCURRED (RCI):
The Agency shall submit a Report of Costs Incurred (RCI), with supporting documentation attached, to the
Governor’s Office of Highway Safety on a quarterly basis, for each active quarter, in conjunction with the
required report. Agencies may submit additional RCI forms for expenditures when funds have been expended
for which reimbursement is being requested.
Accepted supporting documentation to submit with a Report of Cost Incurred (RCI) includes, but is not limited
to; scanned copies of timesheets, payroll records, paid invoices/purchase orders, and other account records.
RCIs shall be typed and delivered via mail or hand delivered with appropriate supporting documentation to the
Governor’s Office of Highway Safety. Electronically submitted RCIs will not be accepted. Final RCIs will
not be accepted fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th).
Expenditures submitted after the expiration date may not be reimbursed and the Agency will accept
fiscal responsibility.
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PROJECT MONITORING:
Highway safety grant project monitoring is used by GOHS project coordinators to track the progress of project
objectives, performance measures, and compliance with applicable procedures, laws, and regulations.
The process is used throughout the duration of the contracted project and serves as a continuous management
tool. Project monitoring also presents an opportunity to develop partnerships, share information, and provide
assistance to contracted agencies. Additionally, project monitoring outlines a set of procedures for project
review and documentation.
Project monitoring serves as a management tool for:
Detecting and preventing problems
Helping to identify needed changes
Identifying training or assistance needed
Obtaining data necessary for planning and evaluation
Identifying exemplary projects
Types of Monitoring
Monitoring is formal and informal, financial and operational. The most common types of monitoring are:
Ongoing contact with the contracted grantee through phone calls, e-mails, correspondence, and
meetings
On-Site and/or In-House monitoring reviews of project operations, management, and financial
records and systems
Review of project Quarterly Reports
Review and approval of Report of Costs Incurred (RCIs)
Desk review of other documents in the project grant files for timely submission and completeness
Monitoring Schedule
Total Awarded Amount: Type of Monitoring:
Under $50,000 Desk Review/Phone Conference
$50,000 and over May have an In-House GOHS Review
$100,000+ May have an On-Site Review
Capital Outlay Greater than $25,000 (combined) May have an On-Site Review
Desk Review
and Phone
Conference
Internal review of all written documentation related to contractual project including, but not
limited to the Contract, Quarterly Reports, enforcement data, financial data, e-mails, letters,
notes, press releases, photographs, inventories, and other written correspondence. A phone
conference call conducted during the course of the project which includes the date and time
of the call, the person(s) contacted, and the results. It serves as an informational review to
determine progress of programmatic/financial activities. Both the designated project
administrator and fiscal contact should be present, if possible, during the phone conference.
If identified financial or operational problems are present, GOHS reserves the right to bring
the grantee in for an in-house meeting at GOHS. Monitoring form written by Project
Coordinator, any findings, areas of improvement, concern, or recognition will be provided
to the grantee.
In-House
Review
Documents performance review results including project activities, reimbursement claims
review, equipment purchases, approvals, and other information. Reviews applicable
information related to the project(s) including, but not limited to the Contract, Quarterly
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Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs,
inventories, and other written correspondence. Completed at GOHS in a meeting with
appropriate operational and financial personnel. Monitoring form written by Project
Coordinator, any findings, areas of improvement, concern, or recognition will be provided
to the grantee.
On-Site
Monitoring
Documents performance review results including project activities, reimbursement claims
review, equipment purchases, and other information. Reviews applicable information related
to the project(s) including, but not limited to the Contract, Quarterly Reports, enforcement
data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other
written correspondence. Conducted on-site at the grantee’s Agency with monitoring form
completed on-site by Project Coordinator. Any findings, areas of improvement, concern, or
recognition, will be provided to the grantee.
On-site and/or in-house monitoring for grantees of designated projects with large Capital Outlay purchases,
personnel services, and complex projects must be completed within the second or third quarter of the fiscal
year. Contracted projects displaying any problems may need on-site monitoring more than once during the
fiscal year.
On-site and/or In-house monitoring includes a review and discussion of all issues related to ensure the effective
administration of the contracted project. The following are the most important items to review:
Progress toward meeting goals/objectives and performance measures
Adherence to the contract specifications, timely submission of complete and correct reports,
including required documentation
Quarterly Reports
Status of expenditures related to the outlined budget
Accounting records and RCI's
Supporting documentation (training documentation, inventory sheets, photographs, press releases,
etc.)
In addition, the designated Agency will ensure that any equipment purchased will be available for inspection
and is being used for the purpose for which it was bought under the outlined contractual agreement.
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Documentation
The Governor’s Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form
in the Agency's respective Federal file. Findings will be discussed with the designated contract representative
(Project Administrator, fiscal specialist) by phone and/or e-mail. All noted deficiencies will be provided to the
grantee with guidance for improvement and solutions to problems. Grantees that exhibit significantly poor
performance may be placed on a performance plan as outlined by the GOHS Director. Grantee monitoring
information will additionally provide documentation for potential funding in subsequent fiscal year grant
proposal review.
PROJECT PERIOD:
The project period shall commence on the date the GOHS Director signs the Highway Safety Contract and
terminate on September 30th of that or subsequent year as indicated on the Highway Safety Contract.
DURATION:
Contracts shall be effective on the date the Governor’s Office of Highway Safety Director signs the Contract
and expire at the end of the project period.
If the Agency is unable to expend the funds in the time specified, the Agency will submit notification on the
Agency’s letterhead and hand deliver or submit via regular mail to the Director of the Governor's Office of
Highway Safety a minimum of sixty days (60) prior to the end of the project period.
The Agency shall address all requests to modify the Contract to the Director of the Governor’s Office of
Highway Safety on Agency's official letterhead and either hand deliver or submit the request via regular mail.
All requests for modification must bear the signature of the Project Director.
Failure to comply may result in cancellation of the Contract. Any unexpended funds remaining at the
termination of the Contract shall be released back to the Governor’s Office of Highway Safety.
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ESTIMATED COSTS:
I. Personnel Services (overtime)
$21,786.00
II. Employee Related Expenses (ERE)
$8,217.00
III. Professional and Outside Services
$0.00
IV. Travel In-State
$0.00
V. Travel Out-of-State
$0.00
VI. Materials and Supplies
$0.00
VII. Capital Outlay
$0.00
TOTAL ESTIMATED COSTS *$30,000.00
*Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit
reimbursement of Employee Related Expenses from zero (0) to a maximum rate of forty (40) percent. This is
the maximum ERE amount to be reimbursed. It is agreed and understood that the Marana Police Department
shall absorb any and all expenditures in excess of $30,000.00.
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QUARTERLY ENFORCEMENT REPORT
(Submitted to GOHS)
Reporting Period
DESCRIPTION CONTRACT
ACTIVITY
AGENCY
ACTIVITY
Total Contacts (Traffic Stops)
Total Sober Designated Drivers Contacted
Total Know Your Limit Contacts
TOTAL DUI ARRESTS
Total DUI Aggravated
Total DUI Misdemeanor
Total DUI Extreme (.15 or Above)
Under 21 DUI Arrests
Average BAC
Minor Consumption / Possession Citations
Total DUI Drug Arrests
30-Day Vehicle Impounds
Seat Belt Citations
Child Restraint Citations
Criminal Speed Citations
Reckless Driving Citations
Civil Speed Citations
Other Citations (Except Speed)
Other Arrests
Participating Officer/Deputies (Cumulative)
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CERTIFICATIONS AND AGREEMENTS
This CONTRACT, is made and entered into by and between the STATE OF ARIZONA, by and through the
Governor’s Office of Highway Safety (GOHS) hereinafter referred to as "STATE", and the agency named in
this Contract, hereinafter referred to as "AGENCY".
WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC §§401-404), provides Federal
funds to STATE for approved highway safety projects; and
WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies,
governments, or political subdivisions upon application and approval by STATE and the United States
Department of Transportation (USDOT); and
WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for Federal funds for
approved highway safety projects; and
WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects;
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND
VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the following
terms and conditions and the following Federal and State Statutes, Rules, and Regulations:
I. Project Monitoring, Reports, and Inspections
A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the project, either
on-site or by telephone, during the life of the Contract.
B. AGENCY will submit Quarterly Reports (one for each three-month period of the project year) to
STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each
report will be given in this Contract or at any time thereafter by giving thirty (30) days written
notice to AGENCY by ordinary mail at the address listed on the Contract. Failure to comply with
Quarterly Report requirements may result in withholding of Federal funds or termination of this
Contract.
C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the Contract
to include all financial, performance, and other reports required as a condition of the grant to
STATE within thirty (30) days of the completion of the Contract.
D. Representatives authorized by STATE and the National Highway Traffic Safety Administration
(NHTSA) will have the right to visit the site and inspect the work under this Contract whenever
such representatives may determine such inspection is necessary.
II. Reimbursement of Eligible Expenses
A. AGENCY's Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form
(RCI) to STATE each time there have been funds expended for which reimbursement is being
requested. Failure to meet this requirement may be cause to terminate the project under Section
XX herein, "Termination and Abandonment".
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B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal
funds have been claimed and reimbursement received, as may have been determined by a State or
Federal audit.
C. STATE will have the right to withhold any installments equal to the reimbursement received by
AGENCY for prior installments which have been subsequently determined to be ineligible or
unauthorized.
III. Property Agreement
A. AGENCY will immediately notify STATE if any equipment purchased under this Contract ceases
to be used in the manner as set forth by this Contract. In such event, AGENCY further agrees to
either give credit to the project cost or to another active highway safety project for the residual
value of such equipment in an amount to be determined by STATE or to transfer or otherwise
dispose of such equipment as directed by STATE.
B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written
approval of STATE, or unless otherwise provided elsewhere in this Contract.
C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased
under this Contract.
D. AGENCY will incorporate any equipment purchased under this Contract into its inventory records.
E. AGENCY will insure any equipment purchased under this Contract for the duration of its useful
life. Self-insurance meets the requirements of this section.
IV. Travel
In-State and Out-of-State Travel
In state and out-of-state travel claims will be reimbursed at rates provided by AGENCY's regulations,
provided that such regulations are as restrictive as those of STATE. Where they are less restrictive,
ARS §38-624 will apply.
The State must approve all out-of-state travel in writing and in advance.
V. Standard of Performance
AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish
all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to
furnish pursuant to this Contract.
VI. Hold Harmless Agreement
Neither party to this agreement agrees to indemnify the other party or hold harmless the other party
from liability hereunder. However, if the common law or a statute provides for either a right to
indemnify and/or a right to contribution to any party to this agreement then the right to pursue one or
both of these remedies is preserved.
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VII. Non-Assignment and Sub-Contracts
This Contract is not assignable nor may any portion of the work to be performed be subcontracted
unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned
or operated by other than AGENCY unless agreed to in writing by STATE.
VIII. Work Products and Title to Commodities and Equipment
A. The work product and results of the project are the property of STATE, unless otherwise specified
elsewhere in this Contract. All property, instruments, non-consumable materials, supplies, and the
like, which are furnished or paid for by STATE under the terms of this Contract, unless otherwise
provided for elsewhere in this Contract, are and remain the property of STATE and will be returned
at the completion of this project upon request of STATE. The work product and results of the
project will be furnished to STATE upon request, if no provision is otherwise made by this
Contract.
B. The provisions of subparagraph A apply whether or not the project contracted for herein is
completed.
IX. Copyrights and Patents
Any copyrightable materials, patentable discovery, or invention produced in the course of this project
may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE
does not wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will
be made by AGENCY for royalty-free, nonexclusive, nontransferable, and irrevocable licenses to be
given the United States Government and STATE and its political subdivisions to use such copyrightable
material, patented discoveries, or inventions in any manner they see fit. The STATE reserves the right
to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed
in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patent.
X. "Common Rule" and OMB Circular No. A-102 (Revised)
"Common Rule" (49 CFR Part 18): Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments
OMB Circular No. A-102 (Revised): Grants and Cooperative Agreements with State and Local
Governments
The application of USDOT "Common Rule" and Circular A-102 requires that:
AGENCY and sub-grantees will use their own procurement procedures, which reflect applicable State
and local laws and regulations, provided that the procurements conform to applicable Federal law. The
most stringent purchasing requirement at each level must be met.
The Arizona Procurement Code (ARS §41-2501, et. seq.) and promulgated rules (A.A.C. Title 2,
Chapter 7) are a part of this Contract as if fully set forth herein and AGENCY agrees to fully comply
with these requirements for any procurement using grant monies from this Contract.
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XI. Non-Discrimination
During the performance of this contract/funding agreement, the contractor/funding recipient agrees—
A. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time
to time;
B. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination law or regulation, as set forth in Appendix B of 49 CFR part 2l and herein;
C. To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the State highway safety office, US DOT or NHTSA;
D. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions
in this contract/funding agreement, the State highway safety agency will have the right to impose
such contract/agreement sanctions as it or NHTSA determine are appropriate, including, but not
limited to, withholding payments to the contractor/funding recipient under the contract/agreement
until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a
contract or funding agreement, in whole or in part; and
E. To insert this clause, including paragraphs A through E, in every subcontract and subagreement
and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this
program.
F. If AGENCY fails or refuses to comply with its undertaking as set forth in these provisions, STATE
or the USDOT may take any or all of the following actions:
1. Cancel, terminate, or suspend, in whole or in part, the agreement, contract, or other
arrangement with respect to which the failure or refusal occurred; and
2. Refrain from extending any further Federal financial assistance to AGENCY under the
Highway Safety Program with respect to which the failure or refusal occurred until satisfactory
assurance of future compliance has been received from AGENCY.
G. Pursuant to the requirement of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794),
AGENCY must operate this Highway Safety Project so that it is accessible and otherwise non-
discriminatory to handicapped persons.
XII. Executive Order 2009-09
It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order
2009-09, Non-Discrimination in Employment by Government Contractors and Subcontractors.
Executive Order 2009-09 is located in Part II of the Project Director's Manual.
XIII. Application of Hatch Act
The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the
political activities of employees whose principal employment activities are funded in whole or in part
with Federal funds.
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XIV. Minority Business Enterprises (MBE) Policy and Obligation
A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR Part
23, will have the maximum opportunity to participate in the performance of contracts financed in
whole or in part with Federal funds under this Contract. Consequently, the minority business
enterprises requirements of 49 CFR Part 23 apply to this Contract.
B. Obligation: The recipient or its contractor agrees to ensure that minority business enterprises, as
defined in 49 CFR Part 23, have the subcontracts financed in whole or in part with Federal funds
provided under this Contract. In this regard, all recipients or contractors will take all necessary and
reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business enterprises
have the maximum opportunity to compete for and perform contracts. Recipients and their
contractors will not discriminate on the basis of race, color, creed, sex, or national origin in the
award and performance of USDOT-assigned contracts.
XV. Arbitration Clause, ARS §12-1518
Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable
administrative reviews, to resolve disputes arising out of this Contract where the provisions of
mandatory arbitration apply.
XVI. Inspection and Audit, ARS §35-214
Pursuant to ARS §35-214, all books, accounts, reports, files, and other records relating to this Contract
will be subject at all reasonable times to inspection and audit by STATE for five (5) years after
completion of this Contract. The records will be produced at the Governor’s Office of Highway Safety.
XVII. Appropriation of Funds by U.S. Congress
It is agreed that in no event will this Contract be binding on any party hereto unless and until such time
as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project
submitted herein and then only for the fiscal year for which such allocation is made. In the event no
funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein
for subsequent fiscal years, this Contract will be null and void, except as to that portion for which funds
have then been appropriated or allocated to this project, and no right of action or damages will accrue
to the benefit of the parties hereto as to that portion of the Contract or project that may so become null
and void.
XVIII. Continuation of Highway Safety Program
It is the intention of AGENCY to continue the Highway Safety Program identified in this Contract once
Federal funding is completed. This intended continuation will be based upon cost effectiveness and an
evaluation by AGENCY of the program's impact on highway safety.
XIX. E-Verify
Both parties acknowledge that immigration laws require them to register and participate with the E-
Verify Program (employment verification program administered by the United States Department of
Homeland Security and the Social Security Administration or any successor program) as they both
employ one or more employees in this State. Both parties warrant that they have registered with and
participate with E-Verify. If either party later determines that the other non-compliant party has not
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complied with E-Verify, it will notify the non-compliant party by certified mail of the determination
and of the right to appeal the determination.
XX. Termination and Abandonment
A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein,
except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the
project for which services have not been already performed by AGENCY.
B. In the event STATE abandons the services or any part of the services as herein provided, STATE
will notify AGENCY in writing and within twenty-four (24) hours after receiving such notice,
AGENCY will discontinue advancing the work under this Contract and proceed to close said
operations under the Contract.
C. The appraisal value of work performed by AGENCY to the date of such termination or
abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final
reimbursement made to AGENCY on the basis of costs incurred. Upon termination or
abandonment, AGENCY will deliver to STATE all documents, completely or partially completed,
together with all unused materials supplied by STATE.
D. AGENCY may terminate or abandon this Contract upon thirty (30) days written notice to STATE,
provided there is subsequent concurrence by STATE. Termination or abandonment by AGENCY
will provide that costs can be incurred against the project up to and including sixty (60) days after
notice is given to STATE.
E. Any equipment or commodities which have been purchased as a part of this Contract and which
have not been consumed or reached the end of its useful life will be returned to STATE upon its
written request.
XXI. Cancellation Statute
All parties are hereby put on notice that this Contract is subject to cancellation pursuant to ARS §38-
511, the provisions of which are stated below.
In accordance with ARS §38-511, this Contract may be cancelled without penalty or further obligation
if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract
on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time
while the Contract or any extension of the Contract is in effect, an employee of any other party to the
Contract in any capacity or a consultant to any other party of the Contract with respect to the subject
matter or the Contract.
The cancellation shall be effective when written notice from the Governor or Chief Executive Officer
or governing body of the political subdivision is received by all other parties to the Contract unless the
notice specifies a later time.
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AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE
Acceptance of Condition
It is understood and agreed by the undersigned that a grant received as a result of this Contract is subject
to the Highway Safety Act of 1966, as amended (23 U.S.C.A. §§401-404), ARS §28-602, and all
administrative regulations governing grants established by the USDOT and STATE. It is expressly
agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety
Program and that AGENCY will meet the requirements as set forth in the accompanying Project
Director's Manual, which are incorporated herein and made a part of this Contract. All State and Federal
Statutes, Rules, Regulations, and Circulars referenced in this Contract are a part of this document as if
fully set forth herein. It is also agreed that no work will be performed nor any obligation incurred until
AGENCY is notified in writing that this project has been approved by the Governor's Highway Safety
Representative.
Certificate of Compliance
This is to certify that AGENCY will comply with all of the State and Federal Statutes, Rules and
Regulations identified in this Contract.
Certification of Non-Duplication of Grant Funds Expenditure
This is to certify that AGENCY has no ongoing nor completed projects under contract with other
Federal fund sources which duplicate or overlap any work contemplated or described in this Contract.
It is further certified that any pending or proposed request for other Federal grant funds which would
duplicate or overlap work described in the Contract will be revised to exclude any such duplication of
grant fund expenditures. It is understood that any such duplication of Federal funds expenditures
subsequently determined by audit will be subject to recovery by STATE.
Single Audit Act
If your political subdivision has had an independent audit meeting the requirements of the Single Audit
Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to GOHS, Attention: Fiscal Services
Officer, within thirty (30) days of the effective date of this Contract. If such audit has not been
performed, please advise when it is being scheduled.
Buy America Act
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when
purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase only
steel, iron, and manufactured products produced in the United States with Federal funds, unless the
Secretary of Transportation determines that such domestically produced items would be inconsistent
with the public interest, that such materials are not reasonably available and of a satisfactory quality,
or that inclusion of domestic materials will increase the cost of the overall project contract by more
than twenty-five (25) percent. In order to use Federal funds to purchase foreign produced items, the
State must submit a waiver request that provides an adequate basis and justification to and approved
by the Secretary of Transportation.
Prohibition on Using Grant Funds to Check for Helmet Usage
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check
helmet usage or to create checkpoints that specifically target motorcyclists.
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Certification Regarding Debarment and Suspension
A. By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1300.
B. The inability of a person to provide the certification required below will not necessarily result in
denial of participation in this covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below. The certification or explanation
will be considered in connection with the department or agency's determination whether to enter
into this transaction. However, failure of the prospective primary participant to furnish a
certification or an explanation shall disqualify such person from participation in this transaction.
C. The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined
that the prospective primary participant knowingly rendered an erroneous certification, in addition
to other remedies available to the Federal Government, the department or agency may terminate
this transaction for cause or default or may pursue suspension or debarment.
D. The prospective primary participant shall provide immediate written notice to the department or
agency to which this proposal is submitted if at any time the prospective primary participant learns
its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
E. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, as used in this clause, have the meaning set out
in the Definitions and Coverage sections of 2 CFR part 180. You may contact the department or
agency to which this proposal is being submitted for assistance in obtaining a copy of those
regulations.
F. The prospective primary participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by NHTSA.
G. The prospective primary participant further agrees by submitting this proposal that it will include
the clause titled Instructions for Lower Tier Certification including the Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered Transaction,
provided by the department or agency entering into this covered transaction, without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered transactions and
will require lower tier participants to comply with 2 CFR parts 180 and 1300.
H. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not required to,
check the list of Parties Excluded from Federal Procurement and Non-procurement Programs.
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I. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
J. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, the department or agency may disallow
costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take
other remedies as appropriate.
Certification Regarding Debarment, Suspension, and Other Responsibility Matter
A. The prospective primary participant certifies to the best of its knowledge and belief, that its
principal:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency;
2. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of record,
making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
B. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Certification
A. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1300.
B. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available
to the Federal government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
C. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its
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certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
D. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out
in the Definition and Coverage sections of 2 CFR part 180. You may contact the person to whom
this proposal is submitted for assistance in obtaining a copy of those regulations.
E. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by NHTSA.
F. The prospective lower tier participant further agrees by submitting this proposal that it will include
the clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts
180 and 1300.
G. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not required to,
check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
H. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
I. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, the department or agency with which
this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work
order, debar or suspend you, or take other remedies as appropriate.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor
its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
B. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
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REIMBURSEMENT INSTRUCTIONS
1. Agency Official preparing the Report of Costs Incurred:
Name:
Title:
Telephone Number: Fax Number:
E-mail Address:
2. Agency's Fiscal Contact:
Name:
Title:
Telephone Number: Fax Number:
E-mail Address:
Federal Identification Number:
3. REIMBURSEMENT INFORMATION:
Warrant/Check to be made payable to:
Warrant/Check to be mailed to:
(Agency)
(Address)
(City, State, Zip Code)
4. DUNS Number:
(DUNS #)
(Registered Address & Zip Code)
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Restriction on State Lobbying
None of the funds under this program will be used for any activity specifically designed to urge or
influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct and
indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State
official whose salary is supported with NHTSA funds from engaging in direct communications
with State or local legislative officials, in accordance with customary State practice, even if such
communications urge legislative officials to favor or oppose the adoption of a specific pending
legislative proposal.
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned will
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
C. The undersigned will require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all sub-recipients will certify and disclose
accordingly.
D. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31 USC §1352. Any person who fails to file the
required certification will be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature of Project Director: Signature of Authorized Official of
Governmental Unit:
Terry Rozema, Chief Gilbert Davidson, Town Manager
Marana Police Department Town of Marana
Date Telephone Date Telephone
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AUTHORITY & FUNDS
1. This Project is authorized by 23 U.S.C. §402 and regulations promulgated there under, more particularly
Volume 102, and if State funds are involved, this project is authorized by ARS §28-602.
The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of
Transportation. The expenses are reimbursable under Arizona's Highway Safety Plan Program Area 402-
PTS, as approved for by the National Highway Traffic Safety Administration.
2. A. EFFECTIVE DATE: B. FEDERAL FUNDS:
Authorization to Proceed Date $30,000.00
3. AGREEMENT AND AUTHORIZATION TO PROCEED
by State Official responsible to Governor for the
administration of the State Highway Safety Agency
Alberto Gutier, Director Approval Date
Governor's Office of Highway Safety
Governor's Highway Safety Representative
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1
GOVERNOR'S OFFICE OF
HIGHWAY SAFETY
STATE OF ARIZONA
HIGHWAY SAFETY CONTRACT
This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire
Contract between the parties hereto unless the Governor’s Highway Safety Representative authorizes deviation in writing.
FAIN: 69A3751830000405dAZM CFDA: 20.616
1. APPLICANT AGENCY GOHS CONTRACT NUMBER:
Marana Police Department 2018-405d-025
ADDRESS PROGRAM AREA:
11555 W. Civic Center Dr, Marana, AZ 85653 405d
2. GOVERNMENTAL UNIT AGENCY CONTACT:
Town of Marana Lisa Shafer
ADDRESS 3. PROJECT TITLE:
11555 W. Civic Center Dr, Marana, AZ 85653 Know Your Limit Program
4. GUIDELINES:
405d
5. BRIEFLY STATE PURPOSE OF PROJECT:
Federal 405d funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance
the Know Your Limit program throughout the Town of Marana.
6. BUDGET
COST CATEGORY
Project Period
FFY 2018
I. Personnel Services $10,893.00
II. Employee Related Expenses $4,107.00
III. Professional and Outside Services $0.00
IV. Travel In-State $0.00
V. Travel Out-of-State $0.00
VI. Materials and Supplies $0.00
VII. Capital Outlay $0.00
TOTAL ESTIMATED COSTS $15,000.00
PROJECT PERIOD FROM: Effective Date
(Date of GOHS Director Signature) TO: 09-30-2018
CURRENT GRANT PERIOD FROM: 10-01-2017 TO: 09-30-2018
TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $15,000.00
A political subdivision or State agency that is mandated to provide a certified resolution or ordinance
authorizing entry into this Contract must do so prior to incurring any expenditures. Failure to do so may result
in termination of the awarded Contract.
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PROBLEM IDENTIFICATION AND RESOLUTION:
Agency Background:
Number of sworn officers: 92
Total Population in city/town or county: 43,752
Total Road Mileage: Highway: 18 Local: 294 Total: 312
Agency Problem/Attempts to Solve Problem:
The Marana Police Department actively works on impaired driving related issues through a focus on
enforcement and education. The Department has traditionally had a large number of arrests with extreme blood
alcohol concentration. The Town continues to see a steady increase in number of residents and new businesses.
With a growing residential population, more Town events are taking place during the year. Unfortunately
staffing levels still have not kept up with the increase for service, therefore resulting in increased workloads
that are reactionary in nature at times. This leaves very little time for officers to do proactive education with
the public about the dangers of impaired driving.
Agency Funding:
Federal 405d funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance
the Know Your Limit program throughout the Town of Marana.
How Agency Will Solve Problem With Funding:
The Marana Police Department actively wants to expand its efforts to provide additional educational programs
and intervention techniques beyond their outreach programs already in place with the local High School and
Citizen Academy. Officers will be going out to events in Marana where alcohol is being served and providing
public awareness and education on the effects of consuming alcohol. Events include the 4th of July, Founder's
Day, 4th Avenue Street Fair, Sporting events, and various bars and restaurants.
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PROJECT MEASURES:
To decrease the number of impaired-related crashes 15% from 34 during calendar year 2016 to 29 by December
31, 2018.
To decrease fatalities in impaired-related crashes 100% from 2 in calendar year 2016 to 0 by December 31,
2018.
To decrease serious injuries in impaired-related crashes 30 % from 10 in calendar year 2016 to 7 by December
31, 2018.
Contract Objectives:
To participate in a minimum of 3 DUI saturation patrols per quarter during FFY 2018.
To participate in a minimum of 1 DUI task force operations per quarter during FFY 2018.
Additional Contract Objectives:
1. Conduct a minimum of twenty (20) "Know Your Limit" public awareness events during FFY 2018.
2. Conduct a minimum of two (2) DUI awareness and prevention seminars for high school driver's education
classes during FFY 2018.
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GOALS/OBJECTIVES:
Federal 405d funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance
the Know Your Limit program throughout the Town of Marana.
Expenditures of funding pertaining to Impaired Driving Enforcement including Personnel Services and ERE,
Materials and Supplies, Capital Equipment, and/or Travel In and Out-of-State shall comply with the Impaired
Driving Program goals provided by the Arizona Governor's Office of Highway Safety. The Impaired Driving
Program goal is to reduce the incidences of alcohol and drug related driving fatalities and injuries through
enforcement, education, and public awareness throughout the State of Arizona. Law enforcement personnel
participating in Impaired Driving Enforcement/DUI activities including, DUI Task Force details under this
program, shall be HGN/SFST certified.
MEDIA RELEASE:
To prepare complete press release information for media (television, radio, print, and on-line) during each
campaign period including a main press release, schedule of events, departmental plans, and relevant data. The
material will emphasize the campaign’s purpose, aggressive enforcement, and the high cost of
DUI/Impaired Driving in terms of money, criminal, and human consequences.
The Marana Police Department will maintain responsibility for reporting sustained enforcement activity in a
timely manner. Additionally, it is the responsibility of the Marana Police Department to report all holiday task
force enforcement statistics to GOHS on-line at the GOHS website no later than 10:00 a.m. the morning
following each day of the event.
The holidays and special events include but not limited to: Super Bowl Sunday, Valentine's Day, President’s
Day, St. Patrick’s Day, Spring Break, Easter, Cinco de Mayo, Prom Night, Memorial Day, Graduation Day,
Independence Day, Labor Day, Columbus Day, Halloween, and the Thanksgiving through New Year’s details.
PLEASE NOTE: Failure to submit Statistics, Quarterly Reports, and/or Report of Costs Incurred
(RCIs) timely and correctly may delay reimbursement for expenditures to your Agency.
METHOD OF PROCEDURE:
The Marana Police Department will make expenditures, as follows, to meet the outlined Program
Goals/Objectives:
Personnel Services - To support Overtime for Know Your Limit program Activities
Employee Related Expenses - To support Employee Related Expenses for Agency Overtime
PRESS RELEASE:
Agencies are required to develop and distribute a press release announcing this grant award upon receipt of
the executed Contract. A copy of this press release shall be sent to the GOHS Director for approval prior to
being sent to the media. This press release shall include the objective and specify that the funding is from the
Governor’s Office of Highway Safety.
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BAC TESTING AND REPORTING REQUIREMENTS:
Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions.
Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to
assess progress toward reducing impaired driving.
Each law enforcement agency that receives an enforcement-related grant is required to ensure that
accurate data on all drivers involved is reported. Failure to comply may result in withholding funds and
cancellation of the enforcement contract until this requirement is met.
PURSUIT POLICY:
All law enforcement agencies receiving Federal funds are encouraged to follow the guidelines established for
vehicular pursuits issued by the International Association of Chiefs of Police (IACP) that are currently in effect.
METHOD OF PROCUREMENT:
The application of USDOT "Common Rule" and Circular A-102 requires that:
Grantees and sub-grantees will use their own procurement procedures which reflect applicable State and local
laws and regulations, provided the procurement procedures conform to applicable Federal laws and standards.
The most stringent purchasing requirement at each level must be met. If the Agency does not have a
procurement process, the Agency may use the State procurement process.
A clear audit trail must be established to determine costs charged against this Contract. Substantiation of costs
shall, where possible, be made utilizing the Marana Police Department documentation consisting of, but not
limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment.
The Agency shall retain copies of all documentation in the project file.
State Contract:
Procurement may be made using an open State contract award. Documents submitted to substantiate purchases
using an open State contract must bear the contract number.
PROJECT EVALUATION:
This project shall be administratively evaluated to ensure the objectives have been met.
Quarterly Report
The purpose of the Quarterly Report is to provide information on contracted grant activities conducted at the
conclusion of each active quarter. The information provided is used to review progress of the funded project
and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles,
and mandatory statistical data provided in this report are analyzed by the assigned Project Coordinator. It is
critical the report contains the following information:
Original signatures on all Quarterly Reports and RCIs
• All Quarterly Reports and RCIs shall include the signature of the Project
Director unless prior authorization for another is on file with GOHS.
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Report Schedule
Reporting Period Due Date
1st Quarterly Report and RCI (October 1 to December 31, 2017) January 30, 2018
2nd Quarterly Report and RCI (January 1 to March 31, 2018) April 20, 2018
3rd Quarterly Report and RCI (April 1 to June 30, 2018) July 20, 2018
4th Quarterly Report and RCI (July 1 to September 30, 2018) October 15, 2018
Final Statement of Accomplishments October 15, 2018
The Quarterly Report shall be completed on the form available on-line and can be submitted by email to
the Governor’s Office of Highway Safety.
NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER
STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON-LINE GOHS DUI REPORTING
SYSTEM, IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT.
Final Statement of Accomplishments
The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no later than
fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). All agencies receiving
funding are required to submit a Final Statement of Accomplishments Report.
Note: Failure to comply with the outlined GOHS reporting requirements may result in withholding of Federal
funds or termination of the Contract.
PROFESSIONAL AND TECHNICAL PERSONNEL:
Terry Rozema, Chief, Marana Police Department, shall serve as Project Director.
Lisa Shafer, Community Development Director, Marana Police Department, shall serve as Project
Administrator.
Shane Radford, Governor's Office of Highway Safety, shall serve as Project Coordinator.
REPORT OF COSTS INCURRED (RCI):
The Agency shall submit a Report of Costs Incurred (RCI), with supporting documentation attached, to the
Governor’s Office of Highway Safety on a quarterly basis, for each active quarter, in conjunction with the
required report. Agencies may submit additional RCI forms for expenditures when funds have been expended
for which reimbursement is being requested.
Accepted supporting documentation to submit with a Report of Cost Incurred (RCI) includes, but is not limited
to; scanned copies of timesheets, payroll records, paid invoices/purchase orders, and other account records.
RCIs shall be typed and delivered via mail or hand delivered with appropriate supporting documentation to the
Governor’s Office of Highway Safety. Electronically submitted RCIs will not be accepted. Final RCIs will
not be accepted fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th).
Expenditures submitted after the expiration date may not be reimbursed and the Agency will accept
fiscal responsibility.
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PROJECT MONITORING:
Highway safety grant project monitoring is used by GOHS project coordinators to track the progress of project
objectives, performance measures, and compliance with applicable procedures, laws, and regulations.
The process is used throughout the duration of the contracted project and serves as a continuous management
tool. Project monitoring also presents an opportunity to develop partnerships, share information, and provide
assistance to contracted agencies. Additionally, project monitoring outlines a set of procedures for project
review and documentation.
Project monitoring serves as a management tool for:
Detecting and preventing problems
Helping to identify needed changes
Identifying training or assistance needed
Obtaining data necessary for planning and evaluation
Identifying exemplary projects
Types of Monitoring
Monitoring is formal and informal, financial and operational. The most common types of monitoring are:
Ongoing contact with the contracted grantee through phone calls, e-mails, correspondence, and
meetings
On-Site and/or In-House monitoring reviews of project operations, management, and financial
records and systems
Review of project Quarterly Reports
Review and approval of Report of Costs Incurred (RCIs)
Desk review of other documents in the project grant files for timely submission and completeness
Monitoring Schedule
Total Awarded Amount: Type of Monitoring:
Under $50,000 Desk Review/Phone Conference
$50,000 and over May have an In-House GOHS Review
$100,000+ May have an On-Site Review
Capital Outlay Greater than $25,000 (combined) May have an On-Site Review
Desk Review
and Phone
Conference
Internal review of all written documentation related to contractual project including, but not
limited to the Contract, Quarterly Reports, enforcement data, financial data, e-mails, letters,
notes, press releases, photographs, inventories, and other written correspondence. A phone
conference call conducted during the course of the project which includes the date and time
of the call, the person(s) contacted, and the results. It serves as an informational review to
determine progress of programmatic/financial activities. Both the designated project
administrator and fiscal contact should be present, if possible, during the phone conference.
If identified financial or operational problems are present, GOHS reserves the right to bring
the grantee in for an in-house meeting at GOHS. Monitoring form written by Project
Coordinator, any findings, areas of improvement, concern, or recognition will be provided
to the grantee.
In-House
Review
Documents performance review results including project activities, reimbursement claims
review, equipment purchases, approvals, and other information. Reviews applicable
information related to the project(s) including, but not limited to the Contract, Quarterly
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Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs,
inventories, and other written correspondence. Completed at GOHS in a meeting with
appropriate operational and financial personnel. Monitoring form written by Project
Coordinator, any findings, areas of improvement, concern, or recognition will be provided
to the grantee.
On-Site
Monitoring
Documents performance review results including project activities, reimbursement claims
review, equipment purchases, and other information. Reviews applicable information related
to the project(s) including, but not limited to the Contract, Quarterly Reports, enforcement
data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other
written correspondence. Conducted on-site at the grantee’s Agency with monitoring form
completed on-site by Project Coordinator. Any findings, areas of improvement, concern, or
recognition, will be provided to the grantee.
On-site and/or in-house monitoring for grantees of designated projects with large Capital Outlay purchases,
personnel services, and complex projects must be completed within the second or third quarter of the fiscal
year. Contracted projects displaying any problems may need on-site monitoring more than once during the
fiscal year.
On-site and/or In-house monitoring includes a review and discussion of all issues related to ensure the effective
administration of the contracted project. The following are the most important items to review:
Progress toward meeting goals/objectives and performance measures
Adherence to the contract specifications, timely submission of complete and correct reports,
including required documentation
Quarterly Reports
Status of expenditures related to the outlined budget
Accounting records and RCI's
Supporting documentation (training documentation, inventory sheets, photographs, press releases,
etc.)
In addition, the designated Agency will ensure that any equipment purchased will be available for inspection
and is being used for the purpose for which it was bought under the outlined contractual agreement.
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Documentation
The Governor’s Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form
in the Agency's respective Federal file. Findings will be discussed with the designated contract representative
(Project Administrator, fiscal specialist) by phone and/or e-mail. All noted deficiencies will be provided to the
grantee with guidance for improvement and solutions to problems. Grantees that exhibit significantly poor
performance may be placed on a performance plan as outlined by the GOHS Director. Grantee monitoring
information will additionally provide documentation for potential funding in subsequent fiscal year grant
proposal review.
PROJECT PERIOD:
The project period shall commence on the date the GOHS Director signs the Highway Safety Contract and
terminate on September 30th of that or subsequent year as indicated on the Highway Safety Contract.
DURATION:
Contracts shall be effective on the date the Governor’s Office of Highway Safety Director signs the Contract
and expire at the end of the project period.
If the Agency is unable to expend the funds in the time specified, the Agency will submit notification on the
Agency’s letterhead and hand deliver or submit via regular mail to the Director of the Governor's Office of
Highway Safety a minimum of sixty days (60) prior to the end of the project period.
The Agency shall address all requests to modify the Contract to the Director of the Governor’s Office of
Highway Safety on Agency's official letterhead and either hand deliver or submit the request via regular mail.
All requests for modification must bear the signature of the Project Director.
Failure to comply may result in cancellation of the Contract. Any unexpended funds remaining at the
termination of the Contract shall be released back to the Governor’s Office of Highway Safety.
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ESTIMATED COSTS:
I. Personnel Services (overtime)
Know Your Limit program overtime
$10,893.00
II. Employee Related Expenses (ERE)
$4,107.00
III. Professional and Outside Services
$0.00
IV. Travel In-State
$0.00
V. Travel Out-of-State
$0.00
VI. Materials and Supplies
$0.00
VII. Capital Outlay
$0.00
TOTAL ESTIMATED COSTS *$15,000.00
*Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit
reimbursement of Employee Related Expenses from zero (0) to a maximum rate of forty (40) percent. This is
the maximum ERE amount to be reimbursed. It is agreed and understood that the Marana Police Department
shall absorb any and all expenditures in excess of $15,000.00.
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QUARTERLY ENFORCEMENT REPORT
(Submitted to GOHS)
Reporting Period
DESCRIPTION CONTRACT
ACTIVITY
AGENCY
ACTIVITY
Total Contacts (Traffic Stops)
Total Sober Designated Drivers Contacted
Total Know Your Limit Contacts
TOTAL DUI ARRESTS
Total DUI Aggravated
Total DUI Misdemeanor
Total DUI Extreme (.15 or Above)
Under 21 DUI Arrests
Average BAC
Minor Consumption / Possession Citations
Total DUI Drug Arrests
30-Day Vehicle Impounds
Seat Belt Citations
Child Restraint Citations
Criminal Speed Citations
Reckless Driving Citations
Civil Speed Citations
Other Citations (Except Speed)
Other Arrests
Participating Officer/Deputies (Cumulative)
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CERTIFICATIONS AND AGREEMENTS
This CONTRACT, is made and entered into by and between the STATE OF ARIZONA, by and through the
Governor’s Office of Highway Safety (GOHS) hereinafter referred to as "STATE", and the agency named in
this Contract, hereinafter referred to as "AGENCY".
WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC §§401-404), provides Federal
funds to STATE for approved highway safety projects; and
WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies,
governments, or political subdivisions upon application and approval by STATE and the United States
Department of Transportation (USDOT); and
WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for Federal funds for
approved highway safety projects; and
WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects;
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND
VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the following
terms and conditions and the following Federal and State Statutes, Rules, and Regulations:
I. Project Monitoring, Reports, and Inspections
A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the project, either
on-site or by telephone, during the life of the Contract.
B. AGENCY will submit Quarterly Reports (one for each three-month period of the project year) to
STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each
report will be given in this Contract or at any time thereafter by giving thirty (30) days written
notice to AGENCY by ordinary mail at the address listed on the Contract. Failure to comply with
Quarterly Report requirements may result in withholding of Federal funds or termination of this
Contract.
C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the Contract
to include all financial, performance, and other reports required as a condition of the grant to
STATE within thirty (30) days of the completion of the Contract.
D. Representatives authorized by STATE and the National Highway Traffic Safety Administration
(NHTSA) will have the right to visit the site and inspect the work under this Contract whenever
such representatives may determine such inspection is necessary.
II. Reimbursement of Eligible Expenses
A. AGENCY's Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form
(RCI) to STATE each time there have been funds expended for which reimbursement is being
requested. Failure to meet this requirement may be cause to terminate the project under Section
XX herein, "Termination and Abandonment".
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B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal
funds have been claimed and reimbursement received, as may have been determined by a State or
Federal audit.
C. STATE will have the right to withhold any installments equal to the reimbursement received by
AGENCY for prior installments which have been subsequently determined to be ineligible or
unauthorized.
III. Property Agreement
A. AGENCY will immediately notify STATE if any equipment purchased under this Contract ceases
to be used in the manner as set forth by this Contract. In such event, AGENCY further agrees to
either give credit to the project cost or to another active highway safety project for the residual
value of such equipment in an amount to be determined by STATE or to transfer or otherwise
dispose of such equipment as directed by STATE.
B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written
approval of STATE, or unless otherwise provided elsewhere in this Contract.
C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased
under this Contract.
D. AGENCY will incorporate any equipment purchased under this Contract into its inventory records.
E. AGENCY will insure any equipment purchased under this Contract for the duration of its useful
life. Self-insurance meets the requirements of this section.
IV. Travel
In-State and Out-of-State Travel
In state and out-of-state travel claims will be reimbursed at rates provided by AGENCY's regulations,
provided that such regulations are as restrictive as those of STATE. Where they are less restrictive,
ARS §38-624 will apply.
The State must approve all out-of-state travel in writing and in advance.
V. Standard of Performance
AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish
all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to
furnish pursuant to this Contract.
VI. Hold Harmless Agreement
Neither party to this agreement agrees to indemnify the other party or hold harmless the other party
from liability hereunder. However, if the common law or a statute provides for either a right to
indemnify and/or a right to contribution to any party to this agreement then the right to pursue one or
both of these remedies is preserved.
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VII. Non-Assignment and Sub-Contracts
This Contract is not assignable nor may any portion of the work to be performed be subcontracted
unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned
or operated by other than AGENCY unless agreed to in writing by STATE.
VIII. Work Products and Title to Commodities and Equipment
A. The work product and results of the project are the property of STATE, unless otherwise specified
elsewhere in this Contract. All property, instruments, non-consumable materials, supplies, and the
like, which are furnished or paid for by STATE under the terms of this Contract, unless otherwise
provided for elsewhere in this Contract, are and remain the property of STATE and will be returned
at the completion of this project upon request of STATE. The work product and results of the
project will be furnished to STATE upon request, if no provision is otherwise made by this
Contract.
B. The provisions of subparagraph A apply whether or not the project contracted for herein is
completed.
IX. Copyrights and Patents
Any copyrightable materials, patentable discovery, or invention produced in the course of this project
may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE
does not wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will
be made by AGENCY for royalty-free, nonexclusive, nontransferable, and irrevocable licenses to be
given the United States Government and STATE and its political subdivisions to use such copyrightable
material, patented discoveries, or inventions in any manner they see fit. The STATE reserves the right
to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed
in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patent.
X. "Common Rule" and OMB Circular No. A-102 (Revised)
"Common Rule" (49 CFR Part 18): Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments
OMB Circular No. A-102 (Revised): Grants and Cooperative Agreements with State and Local
Governments
The application of USDOT "Common Rule" and Circular A-102 requires that:
AGENCY and sub-grantees will use their own procurement procedures, which reflect applicable State
and local laws and regulations, provided that the procurements conform to applicable Federal law. The
most stringent purchasing requirement at each level must be met.
The Arizona Procurement Code (ARS §41-2501, et. seq.) and promulgated rules (A.A.C. Title 2,
Chapter 7) are a part of this Contract as if fully set forth herein and AGENCY agrees to fully comply
with these requirements for any procurement using grant monies from this Contract.
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XI. Non-Discrimination
During the performance of this contract/funding agreement, the contractor/funding recipient agrees—
A. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time
to time;
B. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination law or regulation, as set forth in Appendix B of 49 CFR part 2l and herein;
C. To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the State highway safety office, US DOT or NHTSA;
D. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions
in this contract/funding agreement, the State highway safety agency will have the right to impose
such contract/agreement sanctions as it or NHTSA determine are appropriate, including, but not
limited to, withholding payments to the contractor/funding recipient under the contract/agreement
until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a
contract or funding agreement, in whole or in part; and
E. To insert this clause, including paragraphs A through E, in every subcontract and subagreement
and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this
program.
F. If AGENCY fails or refuses to comply with its undertaking as set forth in these provisions, STATE
or the USDOT may take any or all of the following actions:
1. Cancel, terminate, or suspend, in whole or in part, the agreement, contract, or other
arrangement with respect to which the failure or refusal occurred; and
2. Refrain from extending any further Federal financial assistance to AGENCY under the
Highway Safety Program with respect to which the failure or refusal occurred until satisfactory
assurance of future compliance has been received from AGENCY.
G. Pursuant to the requirement of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794),
AGENCY must operate this Highway Safety Project so that it is accessible and otherwise non-
discriminatory to handicapped persons.
XII. Executive Order 2009-09
It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order
2009-09, Non-Discrimination in Employment by Government Contractors and Subcontractors.
Executive Order 2009-09 is located in Part II of the Project Director's Manual.
XIII. Application of Hatch Act
The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the
political activities of employees whose principal employment activities are funded in whole or in part
with Federal funds.
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XIV. Minority Business Enterprises (MBE) Policy and Obligation
A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR Part
23, will have the maximum opportunity to participate in the performance of contracts financed in
whole or in part with Federal funds under this Contract. Consequently, the minority business
enterprises requirements of 49 CFR Part 23 apply to this Contract.
B. Obligation: The recipient or its contractor agrees to ensure that minority business enterprises, as
defined in 49 CFR Part 23, have the subcontracts financed in whole or in part with Federal funds
provided under this Contract. In this regard, all recipients or contractors will take all necessary and
reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business enterprises
have the maximum opportunity to compete for and perform contracts. Recipients and their
contractors will not discriminate on the basis of race, color, creed, sex, or national origin in the
award and performance of USDOT-assigned contracts.
XV. Arbitration Clause, ARS §12-1518
Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable
administrative reviews, to resolve disputes arising out of this Contract where the provisions of
mandatory arbitration apply.
XVI. Inspection and Audit, ARS §35-214
Pursuant to ARS §35-214, all books, accounts, reports, files, and other records relating to this Contract
will be subject at all reasonable times to inspection and audit by STATE for five (5) years after
completion of this Contract. The records will be produced at the Governor’s Office of Highway Safety.
XVII. Appropriation of Funds by U.S. Congress
It is agreed that in no event will this Contract be binding on any party hereto unless and until such time
as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project
submitted herein and then only for the fiscal year for which such allocation is made. In the event no
funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein
for subsequent fiscal years, this Contract will be null and void, except as to that portion for which funds
have then been appropriated or allocated to this project, and no right of action or damages will accrue
to the benefit of the parties hereto as to that portion of the Contract or project that may so become null
and void.
XVIII. Continuation of Highway Safety Program
It is the intention of AGENCY to continue the Highway Safety Program identified in this Contract once
Federal funding is completed. This intended continuation will be based upon cost effectiveness and an
evaluation by AGENCY of the program's impact on highway safety.
XIX. E-Verify
Both parties acknowledge that immigration laws require them to register and participate with the E-
Verify Program (employment verification program administered by the United States Department of
Homeland Security and the Social Security Administration or any successor program) as they both
employ one or more employees in this State. Both parties warrant that they have registered with and
participate with E-Verify. If either party later determines that the other non-compliant party has not
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complied with E-Verify, it will notify the non-compliant party by certified mail of the determination
and of the right to appeal the determination.
XX. Termination and Abandonment
A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein,
except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the
project for which services have not been already performed by AGENCY.
B. In the event STATE abandons the services or any part of the services as herein provided, STATE
will notify AGENCY in writing and within twenty-four (24) hours after receiving such notice,
AGENCY will discontinue advancing the work under this Contract and proceed to close said
operations under the Contract.
C. The appraisal value of work performed by AGENCY to the date of such termination or
abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final
reimbursement made to AGENCY on the basis of costs incurred. Upon termination or
abandonment, AGENCY will deliver to STATE all documents, completely or partially completed,
together with all unused materials supplied by STATE.
D. AGENCY may terminate or abandon this Contract upon thirty (30) days written notice to STATE,
provided there is subsequent concurrence by STATE. Termination or abandonment by AGENCY
will provide that costs can be incurred against the project up to and including sixty (60) days after
notice is given to STATE.
E. Any equipment or commodities which have been purchased as a part of this Contract and which
have not been consumed or reached the end of its useful life will be returned to STATE upon its
written request.
XXI. Cancellation Statute
All parties are hereby put on notice that this Contract is subject to cancellation pursuant to ARS §38-
511, the provisions of which are stated below.
In accordance with ARS §38-511, this Contract may be cancelled without penalty or further obligation
if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract
on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time
while the Contract or any extension of the Contract is in effect, an employee of any other party to the
Contract in any capacity or a consultant to any other party of the Contract with respect to the subject
matter or the Contract.
The cancellation shall be effective when written notice from the Governor or Chief Executive Officer
or governing body of the political subdivision is received by all other parties to the Contract unless the
notice specifies a later time.
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AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE
Acceptance of Condition
It is understood and agreed by the undersigned that a grant received as a result of this Contract is subject
to the Highway Safety Act of 1966, as amended (23 U.S.C.A. §§401-404), ARS §28-602, and all
administrative regulations governing grants established by the USDOT and STATE. It is expressly
agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety
Program and that AGENCY will meet the requirements as set forth in the accompanying Project
Director's Manual, which are incorporated herein and made a part of this Contract. All State and Federal
Statutes, Rules, Regulations, and Circulars referenced in this Contract are a part of this document as if
fully set forth herein. It is also agreed that no work will be performed nor any obligation incurred until
AGENCY is notified in writing that this project has been approved by the Governor's Highway Safety
Representative.
Certificate of Compliance
This is to certify that AGENCY will comply with all of the State and Federal Statutes, Rules and
Regulations identified in this Contract.
Certification of Non-Duplication of Grant Funds Expenditure
This is to certify that AGENCY has no ongoing nor completed projects under contract with other
Federal fund sources which duplicate or overlap any work contemplated or described in this Contract.
It is further certified that any pending or proposed request for other Federal grant funds which would
duplicate or overlap work described in the Contract will be revised to exclude any such duplication of
grant fund expenditures. It is understood that any such duplication of Federal funds expenditures
subsequently determined by audit will be subject to recovery by STATE.
Single Audit Act
If your political subdivision has had an independent audit meeting the requirements of the Single Audit
Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to GOHS, Attention: Fiscal Services
Officer, within thirty (30) days of the effective date of this Contract. If such audit has not been
performed, please advise when it is being scheduled.
Buy America Act
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when
purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase only
steel, iron, and manufactured products produced in the United States with Federal funds, unless the
Secretary of Transportation determines that such domestically produced items would be inconsistent
with the public interest, that such materials are not reasonably available and of a satisfactory quality,
or that inclusion of domestic materials will increase the cost of the overall project contract by more
than twenty-five (25) percent. In order to use Federal funds to purchase foreign produced items, the
State must submit a waiver request that provides an adequate basis and justification to and approved
by the Secretary of Transportation.
Prohibition on Using Grant Funds to Check for Helmet Usage
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check
helmet usage or to create checkpoints that specifically target motorcyclists.
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Certification Regarding Debarment and Suspension
A. By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1300.
B. The inability of a person to provide the certification required below will not necessarily result in
denial of participation in this covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below. The certification or explanation
will be considered in connection with the department or agency's determination whether to enter
into this transaction. However, failure of the prospective primary participant to furnish a
certification or an explanation shall disqualify such person from participation in this transaction.
C. The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined
that the prospective primary participant knowingly rendered an erroneous certification, in addition
to other remedies available to the Federal Government, the department or agency may terminate
this transaction for cause or default or may pursue suspension or debarment.
D. The prospective primary participant shall provide immediate written notice to the department or
agency to which this proposal is submitted if at any time the prospective primary participant learns
its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
E. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, as used in this clause, have the meaning set out
in the Definitions and Coverage sections of 2 CFR part 180. You may contact the department or
agency to which this proposal is being submitted for assistance in obtaining a copy of those
regulations.
F. The prospective primary participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by NHTSA.
G. The prospective primary participant further agrees by submitting this proposal that it will include
the clause titled Instructions for Lower Tier Certification including the Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered Transaction,
provided by the department or agency entering into this covered transaction, without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered transactions and
will require lower tier participants to comply with 2 CFR parts 180 and 1300.
H. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not required to,
check the list of Parties Excluded from Federal Procurement and Non-procurement Programs.
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I. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
J. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, the department or agency may disallow
costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take
other remedies as appropriate.
Certification Regarding Debarment, Suspension, and Other Responsibility Matter
A. The prospective primary participant certifies to the best of its knowledge and belief, that its
principal:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency;
2. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of record,
making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
B. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Certification
A. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1300.
B. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available
to the Federal government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
C. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its
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certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
D. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out
in the Definition and Coverage sections of 2 CFR part 180. You may contact the person to whom
this proposal is submitted for assistance in obtaining a copy of those regulations.
E. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by NHTSA.
F. The prospective lower tier participant further agrees by submitting this proposal that it will include
the clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts
180 and 1300.
G. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not required to,
check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
H. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
I. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, the department or agency with which
this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work
order, debar or suspend you, or take other remedies as appropriate.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor
its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
B. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
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REIMBURSEMENT INSTRUCTIONS
1. Agency Official preparing the Report of Costs Incurred:
Name:
Title:
Telephone Number: Fax Number:
E-mail Address:
2. Agency's Fiscal Contact:
Name:
Title:
Telephone Number: Fax Number:
E-mail Address:
Federal Identification Number:
3. REIMBURSEMENT INFORMATION:
Warrant/Check to be made payable to:
Warrant/Check to be mailed to:
(Agency)
(Address)
(City, State, Zip Code)
4. DUNS Number:
(DUNS #)
(Registered Address & Zip Code)
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Restriction on State Lobbying
None of the funds under this program will be used for any activity specifically designed to urge or
influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct and
indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State
official whose salary is supported with NHTSA funds from engaging in direct communications
with State or local legislative officials, in accordance with customary State practice, even if such
communications urge legislative officials to favor or oppose the adoption of a specific pending
legislative proposal.
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned will
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
C. The undersigned will require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all sub-recipients will certify and disclose
accordingly.
D. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31 USC §1352. Any person who fails to file the
required certification will be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature of Project Director: Signature of Authorized Official of
Governmental Unit:
Terry Rozema, Chief Gilbert Davidson, Town Manager
Marana Police Department Town of Marana
Date Telephone Date Telephone
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AUTHORITY & FUNDS
1. This Project is authorized by 23 U.S.C. §405 and regulations promulgated there under, more particularly
Volume 102, and if State funds are involved, this project is authorized by ARS §28-602.
The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of
Transportation. The expenses are reimbursable under Arizona's Highway Safety Plan Program Area 405d,
as approved for by the National Highway Traffic Safety Administration.
2. A. EFFECTIVE DATE: B. FEDERAL FUNDS:
Authorization to Proceed Date $15,000.00
3. AGREEMENT AND AUTHORIZATION TO PROCEED
by State Official responsible to Governor for the
administration of the State Highway Safety Agency
Alberto Gutier, Director Approval Date
Governor's Office of Highway Safety
Governor's Highway Safety Representative
Marana Regular Council Meeting 10/17/2017 Page 83 of 382
Council-Regular Meeting C2
Meeting Date:10/17/2017
To:Mayor and Council
From:Brian Varney, Senior Planner
Date:October 17, 2017
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution No. 2017-097: Relating to Development; approving a final plat for Marana
Center II, Lots 1-3 located east of Interstate 10 and southeast of Twin Peaks Road
(Brian D. Varney)
Discussion:
Request
The Town Council approved the Marana Center Final Block Plat, Parcels 1-5 on August 5, 2014.
The Town Council subsequently approved a subdivision of Parcel 1 of the block plat into Tract
'A' and Lots 1 and 2 on January 19, 2016. In February of this year, the Town approved a
development plan for the Marana Center Hampton Inn and Suites on Lot 1. A development plan
was subsequently approved in June for the Northwest Medical Center Emergency Department
facility on Lot 2.
Baker and Associates Engineering, Inc. representing Michael Rabstoff of 6300 Marana, LLC and
6350 Marana, LLC, is currently proposing a final plat for Marana Center II, Lots 1-3. This final
plat proposes a re-subdivision of Lots 1 and 2 of the existing plat, reconfiguring the boundaries of
both lots, and adding a third lot.
Zoning and Land Use
The plat is located within the Marana Spectrum Specific Plan area, which has a 'Commercial' land
use designation. The proposed plat comprises approximately 6.0 acres, and will include three lots
measuring 129,388 square feet, 91,740 square feet, and 40,231 square feet, respectively.
Access and Circulation
Access is provided to Lots 1-3 directly from Marana Center Boulevard, which is a public street.
Infrastructure and Utilities
Marana Regular Council Meeting 10/17/2017 Page 84 of 382
Infrastructure and Utilities
Lots 1-3 are to be served by Marana Water, Pima County Wastewater, Tucson Electric Power,
and Southwest Gas. Fire service is to be provided by Northwest Fire.
Staff Recommendation:
Staff finds that the final plat is in compliance with the Marana Spectrum Specific Plan,
the Marana Land Development Code, and the Marana General Plan. Staff recommends approval
of the Final Plat for Marana Center II, Lots 1-3.
Suggested Motion:
I move to adopt Resolution No. 2017-097, approving the Final Plat for Marana Center II, Lots
1-3.
Attachments
Resolution No. 2017-097
PRV1707-003 MC 1-3 FP
PRV1707-003 MC 1-3 FP Map
PRV1707-003 MC 1-3 FP App
Marana Regular Council Meeting 10/17/2017 Page 85 of 382
Marana Resolution No. 2017-097 9/7/2017 3:30 PM BDV
MARANA RESOLUTION NO. 2017-097
RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR MARANA CENTER
II, LOTS 1-3 LOCATED EAST OF INTERSTATE 10 AND SOUTHEAST OF TWIN PEAKS
ROAD
WHEREAS, on January 19, 2016, the Marana Town Council adopted Resolution No.
2016-003, approving a final plat for Marana Center, Parcel 1 Re-subdivision, Tract A and Lots 1
and 2 of Marana Center Parcel 1; and
WHEREAS Baker and Associates Engineering, Inc., on behalf of 6300 Marana, LLC and
6350 Marana, LLC, has applied for approval of a final plat for a 3-lot commercial subdivision
being a re-subdivision of Lots 1 and 2 of Marana Center, Parcel 1 Re-subdivision, Tract A and
Lots 1 and 2 of Marana Center Parcel 1; and
WHEREAS the Marana Town Council, at the regularly scheduled meeting on October
17, 2017, determined that the final plat for Marana Center II, Lots 1-3 should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the final plat for Marana Center II, Lots 1-3 is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 17th day of October 2017.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
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Project
AreaTwin Peaks Road
Linda Vista Boulevard
Ma
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n
a
C
en
t
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B
ou
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a
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PRV1707-003: Final Plat for Marana Center, Lots 1-3
Marana Regular Council Meeting 10/17/2017 Page 91 of 382
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Council-Regular Meeting C3
Meeting Date:10/17/2017
To:Mayor and Council
Submitted For:Jocelyn C. Bronson, Town Clerk
From:Suzanne Sutherland, Assistant to the Town Clerk
Date:October 17, 2017
Subject:Approval of Regular Council Meeting Minutes from October 3, 2017 and Study
Session Meeting Minutes from October 10, 2017 (Jocelyn C. Bronson)
Attachments
Draft October 3, 2017 Regular Council Meeting Minutes
Draft October 10, 2017 Study Session Meeting Minutes
Marana Regular Council Meeting 10/17/2017 Page 93 of 382
October 3, 2017 Regular Council Meeting Minutes 1
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, October 3, 2017, at or after 7:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Council Member
REGULAR COUNCIL MEETING
CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:00
p.m. Town Clerk Bronson called roll. Vice Mayor Post and Council Members Bowen and
Ziegler were excused; there was a quorum present.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor
Honea.
APPROVAL OF AGENDA. Motion to approve by Council Member McGorray, second by
Council Member Kai. Passed unanimously 4-0.
CALL TO THE PUBLIC. David Morales spoke regarding the timing of the signal lights when
making a left turn at I-10 and Cortaro going east to head back toward Tangerine. He asked if
Council or staff could contact ADOT to change the timing so that the left turn had a longer light
to allow more traffic through, especially at rush hour. Mayor Honea noted that ADOT had
been contacted several times about that signalization, but he would ask staff to look into it again.
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. No reports.
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October 3, 2017 Regular Council Meeting Minutes 2
MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS . Mr. Davidson noted that
the Council Executive Report for September was placed on the dais and is also available on the
town’s website.
PRESENTATIONS
P1 Relating to Budget; presentation of preliminary year end results (fourth quarter) for the
Town's General Fund and other selected major funds for the 2016-17 fiscal year (Erik
Montague). Mr. Montague began with an overview of the timeline for the audit process.
These numbers focus on the general fund and the big three revenues in that fund: sales tax, state
shared revenues and licenses, permits & fees. Year over year for sales tax, we ended up 4.6%
higher than anticipated or about 105% of budget. For intergovernmental revenues, we are up
17.2%. A significant piece of that had to do with population growth. Our numbers will be
increased each year based on the federal census estimates. Development-related revenues are
licenses, permits & fees which are also up 8.3%. Overall, we ended up at 104% of revenues.
For expenditures, the largest operating expense is for personnel and benefits. We ended up just
under budget at 97%, which is normal. Contracted services, is about 86%. For whatever reason,
we put contingency in that line which accounts for most of that variance. The other variance is
other financing uses which includes transfers. In the current budget year, we anticipated about a
$2M transfer out of the general fund to the new public safety facility, but based upon the timing
of that there was only about $200K of that spent, so most of that was rolled over into the current
fiscal year. Overall, we’re at about 84%. So, with revenues exceeding expenditures, we will be
adding to reserves, anticipating just north of $2M for the general fund reserves.
The bed tax fund is a discriminatory, restricted fund to pay for the services we provide for our
tourism efforts. We are just over $1.1M collected, or about 126%. In the current budget, we did
make some adjustments to refine that number, so hopefully we will be closer next year, but good
overall. Expenditures happened largely as expected with a couple of exceptions. There was some
capacity for certain studies which didn’t happen, but we just added that back to fund balance –
estimated to be about $300K.
Another significant fund is the Highway User Revenue Fund (HURF) which is the portion of gas
taxes that are redistributed back to the community based on population. The revenues came in as
expected. Expenses mostly happened as expected. Most of the anticipated use of reserves in fund
balances in that account were associated with one-time capital projects, either as investments in
street improvements or the acquisition of some significant and expensive pieces of equipment.
We set a target of over $18M from the half cent sales tax fund for the construction of the public
safety facility, and the $6M that was adopted in current year’s budget was based on the
optimistic approach, and we have been trending more closely to the realistic and conservative
approach, and we made that adjustment in the next year. The variance shown as 86% is reflective
of us being a little more optimistic. We are at about 51% of the funding target and about 61% of
the time. We are anticipating about an additional 12-14 months of time that will be needed in
order to collect the $18M. Through all of those months, we are within 2% of the conservative
estimates.
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October 3, 2017 Regular Council Meeting Minutes 3
Overall, revenues in the water operating fund are above 100%. Water sales were higher than
expected. There were some other variances, but overall about 116%. Expenses were a little
under and had more to do with the timing of the capital outlay than other expenses that have
happened. Where we anticipated drawing of reserves in this account, we actually added back
$1.1M. This will tie into the next item I have on the agenda. Water revenues continue to grow in
relation to our accounts growing.
Water reclamation or wastewater operating funds were largely as expected. When we presented
the budget for 2016-17, we anticipated when the connection was going to occur between the
gravity and force main piece to Saguaro Bloom. Based upon the overall timing of that project
and when it actually connected that caused several months of delay – that is the reason for most
of the variance. Now that we are connected to Saguaro Bloom, those are in the current year’s
budget. Expenses happened as we had hoped.
CONSENT AGENDA. Motion to approve by Council Member Kai, second by Council
Member McGorray. Passed unanimously 4-0.
C1 Resolution No. 2017-093: Relating to Public Works; approving and authorizing the
Mayor to execute Amendment Number 1 to the Intergovernmental Agreement between the
Regional Transportation Authority of Pima County and the Town of Marana for Construction of
Improvements to Tangerine Road—Dove Mountain Boulevard/Twin Peaks Road to La Cañada
Drive (Keith Brann)
C2 Approval of Study Session Meeting Minutes from September 12, 2017 and Regular
Council Meeting Minutes from September 19, 2017 (Jocelyn C. Bronson)
LIQUOR LICENSES
L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor
Licenses and Control regarding a new license series 12 restaurant liquor license application
submitted by Andrea Dahlman Lewkowitz on behalf of MOD Pizza, located at 3780 W. Ina
Road, Tucson, Arizona 85741 (Jocelyn C. Bronson). Ms. Bronson noted that the application
was reviewed and properly post, and no protests had been received. Staff recommends approval.
Motion to approve by Council Member McGorray, second by Council Member Kai. Passed
unanimously 4-0.
L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor
Licenses and Control regarding a special event liquor license application submitted by Virgilio
"JoJo" Tabo, Jr. on behalf of St. Christopher Roman Catholic Church for Parish Fall Festival to
be held on November 4, 2017 (Jocelyn C. Bronson). Ms. Bronson noted that the application was
reviewed and circulated to affected departments. Staff recommends approval. Motion to
approve by Council Member McGorray, second by Council Member Kai. Passed unanimously
4-0.
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
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October 3, 2017 Regular Council Meeting Minutes 4
A1 PUBLIC HEARING: Ordinance No. 2017.018: Relating to Development; amending
Marana Land Development Code Title 5 (Zoning), Section 5.12.03 (HI Heavy Industry) to
establish a minimum site size and eliminate the minimum parcel size, parcel width, and parcel
depth; and designating an effective date (Steven Vasquez). Mayor Honea opened the public
hearing. Presented by Steven Vasquez, who noted that various minor amendments have been
brought before Council in the past year. The intent was to provide flexibility in development
standards of zoning districts to deal with current economic conditions. Staff will continue to
propose these amendments as the situation arises and as the comprehensive process of updating
the Land Development Code continues. Staff proposes the following amendments to the site
intensity standards and developments standards for the HI (heavy industry) zone in Title 5. One
is to establish a minimum site size of one acre, and the other is to eliminate the parcel size as
well as the minimum parcel depth and width. Many areas within the HI zone are commercial
retail centers, and with our current standards, subdividing these areas would be difficult or
impossible to maintain marketability. Those amendments along with the remaining standards
would support flexibility and facilitate orderly development. He then gave an example using the
Marana Marketplace site at Thornydale and Orange Grove Roads. There were no questions from
the public, and Mayor Honea closed the public hearing. Motion to approve by Council
Member Kai, second by Council Member Comerford. Passed unanimously 4-0.
A2 PUBLIC HEARING: Ordinance No. 2017.019: Relating to Development; amending
Marana Land Development Code Title 16 (Signs), Section 16-08-01 (Signs Exempted from This
Title) to revise the regulations pertaining to flags and flagpoles by eliminating flag content
restrictions and increasing permissible flagpole heights under most circumstances (Steven
Vasquez). Mayor Honea opened the public hearing. Presented by Steven Vasquez who
indicated that business community input as well as sign height, technology and case law have
brought about some of these amendments. Staff will continue with amendments as the situation
arises and as the comprehensive process of updating the Land Development Code continues.
Staff proposed the following amendments: the reference to types of flagpoles is removed, and
the maximum height of flagpoles is revised. There being no speakers, Mayor Honea closed the
public hearing. Motion to approve by Council Member Comerford, second by Council Member
Kai. Passed unanimously 4-0.
A3 Resolution No. 2017-094: Relating to Administration; approving the transfer of up to
$125,000 in budgeted expense authority from the Water Operating Fund system repairs and
emergency reserve line items in the fiscal year 2017-2018 budget to the Water Capital Fund
capital construction line item for expenses related to the replacement of water lines within the
Marana Estates area (Erik Montague). Presented by Mr. Montague , who noted that Marana
Estates was built in the early 1950’s, and the existing water system is a patchwork of different
sizes of pipes in different portions of the systems in various depths. Over the past several weeks,
the water department has experienced several significant leaks or failures in that system, and as a
result, it has caused a significant disruption to the residents in that community. The Utilities
Department previously identified this is a troublesome area and anticipated a phased approach to
replace the system over a number of years. However, based on the number of breaks that have
occurred this year, staff is recommending that we bring forward a larger project to replace many
or most of the lines within the system. Since the revised amount exceeds the amount that we
would consider a capital project and was not budgeted, and in lieu of the phased approach, staff
is seeking Council authorization to move existing expenditure authority that exists within the
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October 3, 2017 Regular Council Meeting Minutes 5
water operating fund to the water capital fund to fund this water CIP project. It is anticipated that
if approved, it would not have a material impact on the overall capacity within the water fund as
we added a little more than $1M back to the fund.
John Kmiec responded to a question from Council Member Kai relating to the timing of the
project to avoid major disruption to our residents. With authorization, he believes the project can
be completed within a few weeks. Mayor Honea asked if there would be fire flow with the new
lines, to which Mr. Kmiec responded affirmatively. There will be the standard 6-inch lines on
Tortolita Street and Amole Circle, and there are currently hydrants in that neighborhood. Motion
to approve by Council Member Comerford, second by Council Member Kai. Passed
unanimously 4-0.
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D1 Resolution No. 2017-095: Relating to Strategic Planning; approving and authorizing
implementation of Marana Strategic Plan Four (Gilbert Davidson). Mr. Davidson noted that the
strategic plan was originally developed in 2008. It is a critical document in setting forth a vision
for the community. The proposed plan reflects a number of interactions with Council as well as
feedback from citizens and staff at all levels. Upon adoption, there will be a number of teams
developing the action plan. Once Council adopts the initiative and main goal, then staff will
figure out how to get there over the next couple of years, and we will have a supplemental report
that goes along with that. The main component to the strategic plan remains the same. There
are the five focus areas and the principle statements which are slightly adjusted, and then the
initiatives reflect some of the new goals for the next two to two and a half years. Mayor Honea
asked what the timeline would be for the supplement. Mr. Davidson noted that it would take a
few months to have meetings scheduled and work through what the strategies are. We’ll
probably have a full update in the next calendar year. Motion to approve by Council Member
Kai, second by Council Member Comerford. Passed unanimously 4-0.
D2 Relating to Legislation and Government Actions; discussion and possible action
regarding all pending state, federal, and local legislation/government actions and on recent and
upcoming meetings of the other governmental bodies (Gilbert Davidson). No report.
EXECUTIVE SESSIONS
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which
will not be open to the public, to discuss certain matters. Motion to go into executive session
on item E2 at 7:31 p.m. by Council Member McGorray, second by Council Member
Comerford. Passed unanimously 4-0.
E1 Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion
or consultation for legal advice with the Town Attorney concerning any matter listed on this
agenda.
E2 Executive session pursuant to A.R.S. § 38-431.03(A)(3) & (7) for legal advice with the
Town’s attorneys regarding the Adonis Mobile Home Park wastewater conveyance system and
ponds and to instruct the Town’s representatives about negotiations for possible acquisition
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October 3, 2017 Regular Council Meeting Minutes 6
thereof. Mr. Cassidy stated that with regard to the executive session item E2, it is requested that
Council authorize staff to proceed in a manner consistent with the discussion in executive
session. Motion to authorize staff to proceed as discussed in executive session by Council
Member Kai, second by Council Member Comerford. Passed unanimously 4-0.
FUTURE AGENDA ITEMS
Notwithstanding the mayor’s discretion regarding the items to be placed on the agenda, if three
or more Council members request that an item be placed on the agenda, it must be placed on the
agenda for the second regular Town Council meeting after the date of the request, pursuant to
Marana Town Code Section 2-4-2(B).
ADJOURNMENT. Motion to adjourn at 7:58 p.m. by Council Member McGorray, second by
Council Member Comerford. Passed unanimously 4-0.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on October 3, 2017. I further certify that a quorum was present.
_______________________________________
Jocelyn C. Bronson, Town Clerk
Marana Regular Council Meeting 10/17/2017 Page 99 of 382
October 10, 2017 Study Session Minutes 1
MARANA TOWN COUNCIL
STUDY SESSION
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, October 10, 2017, at or after 6:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Council Member
CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 6:02
p.m. Town Clerk Bronson called roll. Vice Mayor Post was excused. Council Member Kai
arrived at 6:10 p.m. There was a quorum present.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor
Honea.
APPROVAL OF AGENDA. Motion to approve by Council Member McGorray, second by
Council Member Ziegler. Passed 5-0.
CALL TO THE PUBLIC. There were no speaker cards presented.
DISCUSSION/DIRECTION/POSSIBLE ACTION
D1 Relating to Procurement; consideration, discussion, and direction regarding proposed
comprehensive rewrite of Chapter 3-4 (Purchasing) of the Marana Town Code (Erik Montague
and Jane Fairall).
Presented by Jane Fairall. This project has been going on for over one year. The code has not
been updated for many years. We looked at codes from other municipalities and the state and
referenced the American Bar Association (ABA) Model Procurement Code which has been
adopted by the State in whole or in part and many other municipalities. It is a very
comprehensive document. The ABA Procurement Code had a set of ethical standards which is
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October 10, 2017 Study Session Minutes 2
not in our current code. The ABA also provides statutory principles and policy for managing
and controlling procurement as well as administrative and judicial remedies for the resolution of
controversies. Ms. Fairall then highlighted some of the significant changes.
For a purchase over $50K and not in the approved budget or which is in the budget but exceeds
the budgeted amount, including change orders, those all come before Council for approval. The
proposed rewrite would outline what the town manager’s role is for any purchase up to $50K or
authorized by the budget. Another area that we wanted to include is with ethical standards.
Because we want a very strong policy, we have incorporated prohibitions on attempting to
influencing any town employee to violate the procurement code, preparing specifics or plans to
receive any direct pecuniary benefit from the use of plans or specifications, offering or giving a
gratuity to a town employee, or a town employee accepting a gratuity in connection with any
procurement decision, and disclosing or using confidential information for anticipated pecuniary
benefit.
We included a proposed section that includes small and disadvantaged businesses. This came
from the ABA Code and is intended to be flexible, but there are no requirements. Regarding bid
protests, debarment and suspension, at times the state code is a little more bureaucratic than it
needs to be for the town; however, the provision will include timelines and administrative
procedures. Small purchase amounts are another area we are proposing some significant
amendments by increasing all the limits. For perspective, the chart in the Council materials
gives perspective. Those are the significant changes. Council Member Bowen asked about the
formal bid process for small purchase amounts if the amount is under $50K and whether that
falls under the town manager’s purview to approve them. Ms. Fairall stated that if it is greater
than $25K we would do a formal bid process, but if it is under $50K, the town manager or the
designee which could be the finance director, would approve that without Council approval.
Motion to approve the changes by Council Comerford, second by Council Member Bowen.
Passed unanimously 5-0.
D2 Relating to Development and Traffic and Highways; discussion of comprehensive
revisions to regulations of wireless communication facilities in the Marana land development
code and in the Town Code's right-of-way regulations (Frank Cassidy & Jane Fairall).
Presented by Frank Cassidy. Until early this year the legal department was working on
revisions to our telecommunication ordinance to try to take into account some federal changes
and rules, and before we brought those changes to Council, the state adopted some significant
changes in the wireless communications regulations, so we put our revisions on hold until we
found what was coming out of the legislation. What did come out were some aggressive and
robust policies and provisions. We’ve tried to incorporate all of that into the telecom code which
is also in the Land Development Code into the streets and highways provisions of the town code.
We wanted feedback from Council on some of the key questions or decision points. The federal
and state regulations have taken away quite a bit of discretionary authority from local
governments. At the federal level, they have adopted a rule that certain modifications that fall
within certain parameters are totally administrative; there’s no possibility of any involvement in
those. At the state level, if a wireless provider is in the right-of-way (ROW) and they are adding
a wireless facility of 6 cubic feet or less onto an existing pole, that is also completely out of our
hands and is an administrative process. There is still documentation that needs to be done. The
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League coordinated a working group led by Kelly Schwab and the City of Chandler’s legal team
which did an excellent job. Mr. Cassidy put all of Chandler’s documents into Council’s
materials so you can see the same kinds of things that we are going to require people to show us
in order to take advantage of these administrative provisions. Chandler also has forms and
policies for intake for the more discretionary applications.
Mr. Cassidy continued with the discretionary applications. Right now, a new communications
tower in Marana requires a conditional use permit (CUP). We are proposing that a CUP in or
out of the ROW for any new tower will still require a CUP, but right now those CUPs always
come to the Council. The way the town’s Land Development Code is written, the normal
process for other types of CUP uses is that the Planning Commission makes the final decision,
and if someone appeals then it comes to the Council. There is an exception in the current code
that says for any type of wireless communications, if you’re putting up a tower, that CUP gets a
recommendation from the Commission and a final decision always from the Council. We are
proposing in the new ordinance to use the normal process for telecom; that you go ahead and let
the Planning Commission make the decision, and only on appeal does it come to the Council.
That is the first thing we would like to get feedback on. Mr. Cassidy noted that in this process,
unless he gets comment or feedback, he will assume that you are okay with what is being
proposed. Mayor Honea noted that the Planning Commission deals with these things more than
the Council, so it makes sense, and if a Council Member has a problem, he or she can appeal.
Mr. Cassidy responded that the Land Development Code allows any member of the Council to
appeal or hear any concern if it is brought to your attention.
The other thing is we still have it written that any new tower requires a CUP, but we want to
make sure before we move forward, I’m sure that people in the industry are going to be pushing
Council to create an administrative process even for new towers under certain circumstances, so
staff was curious as to where there was any appetite by the Council to do that. Sometimes
communities inside the industrial areas inside or outside the ROW for a tower not exceeding say
40 feet, that they will allow that to move forward with an administrative approval and not require
a CUP. We are writing it to always require a CUP if it’s a new tower. Council Member Kai
said that if we have the Planning Commission approve these, although it’s easier fo r us, but it
takes away from the Council even though the Council can appeal the decision. So he feels like
the Council should have the final say no matter what. In a public ROW where the smaller towers
go , what if they need room for cabinets, will they be paying the town a fee for additional space?
Mr. Cassidy responded that that is one of the questions he was going to ask about – the
Council’s appetite for fees. The new statute addresses fees in the ROW because some
communities are really aggressive about fees for use of the ROW. The new legisla tion says you
can charge fees but no more than necessary to offset the local government’s cost, and not to
exceed $50 per year per location. And you can only charge that if other users in the ROW are
being charged for use in the ROW. So if you have a six cubic foot addition to a light post, it and
all of its associated equipment is considered one location. The other thing the legislation says is
that you can only charge that if other users of the ROW are being charged for the use of the
ROW. We have had this discussion in the past, but as you know, we don’t have a general fee for
other utilities to use the ROW. And one of the things that always comes up when we have a
conversation about whether to charge other users of the ROW fees – TRICO, TEP etc., is that
we know that their customers are our citizens and those fees will be passed along. If we decide
we really want to take advantage of the $50 per year per installation, we would have to revisit the
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decision about other users. Council Member Kai said that it seems that it really ties the hands
of Council for the small cells. Mr. Cassidy said there is a slight modification upward if it’s
something like a monopole in the ROW, and even then you have to show how it costs the town
$150 a year, so you have a burden to show your actual costs. It almost seems not worth the
hassle. In the draft, we haven’t put any fees. Council Member Ziegler said she thought it would
cost the town over $50 to do the administrative work and is not in favor. She has not always
been a proponent of cell towers, but we need to remember that we are doing this for our citizens
so they can have better cell reception. Council Member Comerford asked about putting six
cubic feet on top of a light pole. Mr. Cassidy replied that state legislation points out that if the
pole doesn’t have the structural integrity to hold onto that six cubic feet of equipment, then the
provider must pay to replace the pole, but that’s not a basis for us to deny them. Council
Member Comerford said that concern is that it doesn’t turn out to be a monolithic structure
even though we need the technology. Mr. Cassidy said the replacement poles look the same but
are a little more robust. The thing that is different is that six cubic foot thing is like an antenna
arm that sticks up. The law does allow us to impose cloaking requirements so that you don’t see
the bare antenna. In any event, you will see an appendage on all the lights. There are photos in
Ms. Schwab’s materials to show how you determine the height of the pole and where heights are
measured from. When we bring it before the public hearing process, there are lots of photos.
Council Member Bowen asked if all the CUPs come through the Planning Commission and
only come to Council on appeal. Mr. Cassidy responded that that is the normal CUP, but for the
wireless communication facilities, all the CUPs come to Council right now. He wanted to know
why keep that provision or exception in place. Council Member Kai said that Council is closer
to the residents. Cell towers are pretty controversial. The small ones we’re talking about in the
ROW that repeat back and forth aren’t as controversial. He thinks if there’s a big tower,
approval should come from Council because people will be coming forward to complain about
the big towers. Council Member Bowen disagreed, as similar people are going to be coming
forward each time to complain about a cell tower, so if we force them to come forward after it
has been approved, then we can deal with it as it comes up, but if we have to approve it in the
first place, then there’s the chance that they will gin up everyone from one side to the other to
pack the chambers to complain about it, so I would rather deal with it last. Council Member
Bowen asked how many sites are we talking about. Mr. Cassidy said it’s hard to know, but
there could be as many as 400 sites in a town like Marana; however, we don’t have 400 poles in
Marana. If we started charging for those, we would have to figure out how to charge everyone.
We would have to charge everyone if we charged them. Mr. Cassidy concluded his presentation
and he thanked Council for their time. He will bring those items forward for the public hearing.
D3 Relating to Development; discussion of proposed comprehensive revisions to the Land
Development Code's sign regulations (Frank Cassidy & Brian Varney). Mr. Cassidy presented.
Brian Varney was also there to answer questions.
A couple of years ago the Supreme Court heard Reed vs. Town of Gilbert wherein the Court
unanimously said the Gilbert regulation was unconstitutional. In its decision, it calls into
question any content-based regulation, which means if you have to read the sign to know if it’s
legal or not, it is content-based. Under the Reed case, if you can regulate the sign with a time,
place and manner restriction – how it’s built and where it’s put without having to the read the
sign, that is the best kind of regulation after Reed. There have been cases from lower courts
since the Reed case (the Reed case came from the Ninth Circuit Court) that thought the Reed case
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was fine even though it was overruled by the Supreme Court. But our general theme in this
rewrite has been to minimize the content-based regulations. We have construction signs, etc.
where you have to read the content of the sign to know whether it is legal. What our draft does,
which is not included in the packet because we wanted policy feedback first, is to more liberally
allow signs to be located inside a development. A good example is the IHOP sign at Cortaro.
To have that sign where it is relative to IHOP, IHOP purchased a sign easement that reached
over so that it could be treated as an on-premises sign. Under new regulations, the sign premises
would be the entire development where the sign is located. Under the new rules, the IHOP sign
would be fine in any case. The same would be true of any other shopping center. We still have
some regulations that deal with the exact property where the sign is, the sign property which it
will be called in the new regulations, but you have to have the signature of the owner of the sign
property before you put a sign there.
Another thing about the new draft, on Cortaro Road west of I-10, the right of way (ROW) where
Eegee’s and the bank are is quite wide, so when those businesses first came in they wanted
signage along Cortaro but that was in the town ROW, but as a matter of practice we treated the
ROW adjacent to someone’s property as being part of the property. They do get a license from
the town. Under the new regulation, we said if you’re in a situation where you’re getting a new
license from the town for adjacent ROW, that’s considered part of the sign premises now. The
new draft regulation increases the height and area of new freestanding signs but gives an
incentive for having a better quality of sign. A lot of signs aren’t that attractive. If they don’t
take advantage of the incentive, the sign would have to be smaller. Finally, we are proposing to
change the way electronic message signs work. Right now only half of your sign face can be a
message display, and our current regulation says the message can only change every 30 seconds.
When the conditional use permit came forward for the sign at the McDonald’s at Marana Main
Street, they proposed having it change every 7 ½ seconds, and that was approved. ADOT rules
say you can change every 7 ½ seconds. We are proposing to allow the entire sign to be an
electronic message and to allow the message to change every 7 ½ seconds.
Our draft rule on temporary signs in residential areas very broadly allows residential yard signs
with no limitation on what the signs can say, and there isn’t a limitation on the number of signs.
It is only the total area of all yard signs that is regulated, and can’t exceed nine square feet is
current, and you can have little signs and no regulation on what they can say. For commercial
areas, the new regulations broadly allow banner, post signs, quills, A-frame, T-frames and for the
most part there is no content restriction on them. Council Member Comerford asked if those
signs are allowed but the content cannot be restricted. Mr. Cassidy stated that currently the code
says it has to advertise some business within a certain distance. Mayor Honea stated that we
have a history of disaster with A-frames falling in the street or left on the sidewalk at night. He
understands we don’t limit A-frames on the business property; he would hate to see allowing A-
frames anywhere. Mr. Cassidy stated that in the current draft we prohibited all signs in the
ROW unless it’s one of those that is licensed adjacent to the property. It’s that subject of how
strict we were that has caused us to seek Council guidance, particularly on signs in the ROW.
Generally, the A-frames in the ROW would be prohibited. As an aside, Mr. Cassidy stated that
the Ninth Circuit Court said it is okay to distinguish between types of commercial signage. This
is based on a pre-Reed Supreme Court decision. Under this theory, you would separately allow
certain kinds of commercial signs in the ROW like real estate signs and maybe even yard signs,
but prohibit other commercial messages in the ROW. The catch on this after Reed is that once
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you allow any kind of commercial sign in the ROW you have to allow all non-commercial signs
in the ROW – opinion signs, political, religious, etc. Council Member Comerford asked if we
can allow real estate signs, don’t we have to let everyone? Mr. Cassidy responded that no,
under the later Ninth Circuit case, they said it’s still okay to distinguish between types of
commercial speech. So a real estate sign is a type of commercial sign. You can distinguish
between that and the general Pizza For Sale sign. Council Member Comerford said that then
we can actually say we will allow private yard sale signs, real estate signs, maybe church signs
for services, etc. Mr. Cassidy stated that you have to allow those if you allow anything else.
Council Member Comerford: then anybody who is not commercial can put a sign up for
anything. Mr. Cassidy, yes, that’s right for a non-commercial message. Once we give
permission, anyone can put up a sign that is non-commercial in the ROW. Council Member
Comerford then asked if it is possible to have space restrictions prohibiting signs in front of
other signs without a certain amount of space between them. She is also concerned about
having a litter of temporary signs once an event is over. Mr. Cassidy said yes, we can have
separation requirements between signs and you could even have duration restrictions since
mostly what you are going to be dealing with are yard sales and real estate signs, and would still
require a permit and the permit would be for the guidelines Council sets. Also, we can have
regulations that require them to be taken down after the event, or with real estate signs you can
have a durational limitation on them. Or you can allow them to stay up for the entire time that a
house is for sale. If you allow real estate signs to be up Friday to Sunday, then the same rule
would apply to church signs, you have to allow church signs for the same period of time. So the
rule that Council approves has to be the same for everyone. Mayor Honea asked if you can
differentiate between residential and commercial on signs and have two different rules. Mr.
Cassidy, yes, our draft rules do that. In commercial areas the signage is more liberal.
The other thing we have been talking about is charging the fees in the temporary ROW based on
how long they plan to keep them up. So a real estate company which would want to have the
right to put up their signs throughout the year, and they would probably get the longest duration
for permits they could. So if we had an annual permit, we could potentially charge a hefty fee
for an annual permit. If someone is just having a yard sale, and they put up a sign for the
weekend, that’s a small fee. In terms of the administrative burden, we can make it all web-
based. They can pay for it online, print out the permit and attach it to the sign so that our
enforcement officer can check it and make sure it correlates to the fee. Mayor Honea asked if
Long Realty comes in for a permit and they have 300 agents, would one permit work for them.
Mr. Cassidy replied that would not be the case. For instance, Tierra Antigua has a certain
number of signs permits in Oro Valley that it has paid for, so if you are a Tierra Antigua agent
and you want to put up a sign in Oro Valley, you call the home office and they assign one of
those permits. We would assume the same thing would happen in Marana. The big agencies
would buy a certain number of annual permits and dole them out to their agents. Council
Member Comerford asked if you have to have a certain number of permits per sign. Mr.
Cassidy, presumably, yes, but the agency can handle that. We are hoping they will only put up
the number they need to have. Council Member Comerford stated that it also seems to make it
restrictive for someone who is not a big real estate company. Mr. Cassidy concurred and said
he is sure there will be discussion once staff brings this to the public hearing process. Council
Member Ziegler agreed with Council Member Comerford. Discussed ensued as to the number
of permits for one number. Mr. Cassidy said that it doesn’t necessarily need to be a different
permit number, but those are all administrative details that can be worked out.
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Mr. Cassidy concluded stating that the final thing is that nothing is going to change the state law
preemption on politic al signs even though our regulations won’t necessarily say anything special
about political signs. That’s a content-based regulation. The state preemption prohibits the town
from removing political signs from the ROW during the election season, and as long as you
comply with the rules set by the state, we will still be in compliance with state law. Right now
the sign code lists political signs as a separate sign type, and then essentially adopts the state
regulation. His concern is that it crosses the line in Reed. In the Reed case, one of the problems
the Supreme Court had with the Town of Gilbert’s regulation was its treatment of political signs .
And the Town of Gilbert said we treat them that way because state law requires us to, and the
court didn’t care. So what we’re trying to do is kind of take the Scottsdale approach, and that is
that all signs in the ROW including political signs are illegal, but we can’t enforce them at
certain times of the year. We will go ahead and push through with our sign draft.
Gilbert Davidson asked if there can be differentiated fee structures regarding enforcement on
yard sale signs. We have a requirement to get a water heater permit, and the vast majority of the
public doesn’t come here and get a water heater permit. They go to the store, buy a water heater
and get it installed, and we don’t know anything about it. So could they get a permit at no cost to
make it easier on the homeowner? I would worry about the enforcement and making them pay
for some items on a Saturday. Mr. Cassidy responded, yes, because the law as interpreted right
now by the Ninth Circuit Court allows you to distinguish between types of commercial
messages. We could even distinguish for the fee that we charge for yard sales with the
recognition that there is almost no enforcement on those . The only rule that’s come out is to
have a rational basis for distinction between your commercial signs. Council Member
Comerford would like to see user friendly regulations. Council Member Ziegler concurred
with Council Member Comerford. Council Member McGorray asked if these laws apply to a
private neighborhood. Mr. Cassidy responded, yes, the sign regulations generally do apply on
private property, including private streets. It’s just that with respect to For Sale signs in the
private ROW, it’s going to be up to the HOA to enforce that.
Mr. Davidson’s last comment was that when you think about the ROW, it is a precious resource.
There is something to be said about not having clutter. When you think about one extreme of
not allowing anything, to Council Member Comerford’s point, it’s very restrictive and certainly
not business-friendly and life friendly. We’ve seen communities that go that route, and they have
a reputation that doesn’t reflect what is taking place on a daily basis in the community. The other
extreme is a free-for-all, and it looks like NASCAR. What we are trying to do is find that right
balance to restrict commercial and create a system that allows where we know people need to
sell their home and have yard sales, and have those activities in the community. Hopefully, that’s
the direction that everyone feels comfortable with.
EXECUTIVE SESSIONS
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which
will not be open to the public, to discuss certain matters.
E2 Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion
or consultation for legal advice with the Town Attorney concerning any matter listed on this
agenda.
Marana Regular Council Meeting 10/17/2017 Page 106 of 382
October 10, 2017 Study Session Minutes 8
FUTURE AGENDA ITEMS
Notwithstanding the mayor’s discretion regarding the items to be placed on the agenda, if three
or more Council members request that an item be placed on the agenda, it must be placed on the
agenda for the second regular Town Council meeting after the date of the request, pursuant to
Marana Town Code Section 2-4-2(B).
ADJOURNMENT Motion to adjourn at 7:13 p.m. by Council Member Bowen, second by
Council Member McGorray. Passed 5-0.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the study
session/presentation of the Marana Town Council meeting held on October 10, 2017. I further
certify that a quorum was present.
____________________________________
Jocelyn C. Bronson Town Clerk
Marana Regular Council Meeting 10/17/2017 Page 107 of 382
Council-Regular Meeting L1
Meeting Date:10/17/2017
To:Mayor and Council
Submitted For:Jocelyn C. Bronson, Town Clerk
From:Suzanne Sutherland, Assistant to the Town Clerk
Date:October 17, 2017
Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding a new license series 12 restaurant liquor
license application submitted by Kimberly R. Scanlan on behalf of Baja Cafe,
located at 3900 W. Ina Road, Suite #322, Tucson, Arizona 85741 (Jocelyn C.
Bronson)
Discussion:
This application is for a series 12 restaurant liquor license at Baja Cafe, located at 3900 W. Ina
Road, Suite #322, Tucson, Arizona 85741.
Pursuant to state law, the application was posted at the premises where the business is to be
conducted. The posted notice provided that residents within a one mile radius from the premises
may file written arguments in favor of or opposed to the issuance of the license with the Town
Clerk’s Office within 20 days of the posting. Any written arguments received by the Clerk’s
Office for or against the proposed liquor license are attached to this item and will be submitted to
the Department of Liquor Licenses and Control (DLLC).
Town staff has reviewed this application to determine whether the applicant is in compliance with
zoning, building and other legal requirements for the business. Additionally, the Marana Police
Department has conducted a local background check.
The Town Council must enter an order recommending approval or disapproval of the application
within 60 days after filing of the application. Pursuant to state statute, a license will only be
issued after a satisfactory showing of the capability, qualifications and reliability of the applicant
and “in all proceedings before the town council, the applicant bears the burden of showing that the
public convenience requires and that the best interests of the community will be substantially
served by the issuance of a license.”
Marana Regular Council Meeting 10/17/2017 Page 108 of 382
If the Council’s recommendation is for disapproval, the order must include an attachment stating
the specific reasons for the recommendation of disapproval and including a summary of the
testimony or other evidence supporting the recommendation.
If the Council enters an order recommending approval of the application, or makes no
recommendation, then no hearing before the Arizona state liquor board will take place, unless the
director of the DLLC, the liquor board or a resident within a one mile radius from the premises
requests a hearing. If the Council enters an order recommending disapproval of the application,
or if the director, board or a resident within a one mile radius from the premises requests a
hearing, then the state board will hold a hearing regarding the application.
At the hearing, the state board will consider all evidence and testimony in favor of or opposed to
the granting of the license. The decision of the board to either grant or deny an application will
normally take place within 105 days after the application has been filed, unless the director of the
DLLC deems it necessary to extend the time period.
Staff Recommendation:
Staff recommends that an order recommending approval be submitted to the DLLC for this liquor
license application.
Suggested Motion:
OPTION 1: I move to adopt and submit to the DLLC an order recommending approval of a
new series 12 restaurant liquor license application submitted by Kimberly R. Scanlan on behalf
Baja Cafe, located at 3900 W. Ina Road, Suite #322, Tucson, Arizona 85741.
OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of a
new series 12 restaurant liquor license application submitted by Kimberly R. Scanlan on behalf
Baja Cafe, located at 3900 W. Ina Road, Suite #322, Tucson, Arizona 85741.
Attachments
Application
Affidavit of Posting
Local Governing Body of Recommendation
Descriptions of Common Types of Liquor Licenses
Marana Regular Council Meeting 10/17/2017 Page 109 of 382
Marana Regular Council Meeting 10/17/2017 Page 110 of 382
Marana Regular Council Meeting 10/17/2017 Page 111 of 382
Marana Regular Council Meeting 10/17/2017 Page 112 of 382
Marana Regular Council Meeting 10/17/2017 Page 113 of 382
Marana Regular Council Meeting 10/17/2017 Page 114 of 382
Marana Regular Council Meeting 10/17/2017 Page 115 of 382
Marana Regular Council Meeting 10/17/2017 Page 116 of 382
8/21/2015 Page 1 of 1
Individuals requiring ADA accommodations please call (602)542-9027
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007-2934
www.azliquor.gov
(602) 542-5141
AFFIDAVIT OF POSTING
Date of Posting: ____________________________________ Date of Posting Removal: ___________________________________
Applicant’s Name: ____________________________________________________________________________________________________
Last First Middle
Business Address: ______________________________________________________________________________________________________
Street City Zip
License #: __________________________________________
I hereby certify that pursuant to A.R.S. 4-201, I posted notice in a conspicuous place on the premises proposed to be
licensed by the above applicant and said notice was posted for at least twenty (20) days.
___________________________________________________________ ________________________ ________________________________
Print Name of City/County Official Title Phone Number
______________________________________________________________________________________ ________________________________
Signature Date Signed
Return this affidavit with your recommendations (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents.
If you have any questions please call (602) 542-5141 and ask for the Licensing Division.
Marana Regular Council Meeting 10/17/2017 Page 117 of 382
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007-2934
www.azliquor.gov
(602) 542-5141
Local Governing Body Recommendation
A.R.S. § 4-201(C)
1. City or Town of: __________________________________________ Liquor License Application #:_______________________________
(Circle one) (Arizona application #)
2. County of: _______________________________________________ City/Town/County #: ______________________________________
3. If licensed establishment will operate within an “entertainment district” as described in A.R.S. §4-207(D)(2),
______________________________________________________ ______________________________________________________
(Name of entertainment district) (Date of resolution to create the entertainment district)
A boundary map of entertainment district must be attached.
4. The ___________________________________ at a ________________________________ meeting held on the __________________ of
(Governing body) (Regular or special) (Day)
_____________________, ____________ considered the application of _______________________________________________________
(Month) (Year) (Name of applicant)
for a license to sell spirituous liquor at the premises described in application ______________________________________________,
(Arizona liquor license application #)
for the license series #: type ________________________________________________________________ as provided by A.R.S §4-201.
(i.e.: series #10: beer & wine store)
ORDER OF APPROVAL/DISAPPROVAL
IT IS THEREFORE ORDERED that the license APPLICATION OF __________________________________________________
(Name of applicant)
to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended
for _____________________________________________________.
(Approval, disapproval, or no recommendation)
TRANSMISSION OF ORDER TO STATE
IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department
of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona.
Dated at _______________________ on ________________, _________________, __________.
(Location) (Day) (Month) (Year)
____________________________________________ ___________________________________________
(Printed name of city, town or county clerk) (Signature of city, town or county clerk)
8/21/2015 Page 1 of 1
Individuals requiring ADA accommodations please call (602)542-9027
Marana Regular Council Meeting 10/17/2017 Page 118 of 382
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
{00018233.DOC / 2}
Series 6 Bar
The bar (series 6) liquor license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, this liquor license is
transferable from person to person and/or location to location within the same county
and allows the holder both on- & off-sale retail privileges. This license allows a bar
retailer to sell and serve all types of spirituous liquors, primarily by individual portions,
to be consumed on the premises and in the original container for consumption on or off
the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor
off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states
that after January 1, 2011, the off-sale privileges associated with a bar license shall be
limited to no more than 30% of the total annual sales receipts of liquor by the licensee at
that location. Payment must be made no later than the time of delivery. Off-sale ("To
Go") package sales of spirituous liquor can be made on the bar premises as long as the
area of off-sale operation does not utilize a separate entrance and exit from the ones
provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor
in sealed containers in individual portions to its registered guests at any time by means
of a minibar located in the guest rooms of registered guests. The registered guest must
be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic
card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 7 Beer and Wine Bar
The beer and wine bar (series 7) liquor license is a "quota" license available only
through the Liquor License Lottery or for purchase on the open market. Once issued,
this liquor license is transferable from person to person and/or location to location
within the same county and allows the holder both on - & off-sale retail privileges. This
license allows a beer and wine bar retailer to sell and serve beer and wine (no other
spirituous liquors), primarily by individual portions, to be consumed on the premises
and in the original container for consumption on or off the premises. A retailer with off -
sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in
connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off-
sale privileges associated with a bar license shall be limited to no more than 30% of the
total annual sales receipts of liquor by the licensee at that location. Off -sale ("To Go")
package sales can be made on the bar premises as long as the area of off -sale operation
does not utilize a separate entrance and exit from the one provide d for the bar. Payment
must be made no later than the time of delivery.
Marana Regular Council Meeting 10/17/2017 Page 119 of 382
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
{00018233.DOC / 2}
Series 9 Liquor Store
The liquor store (series 9) license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, thi s liquor license is
transferable from person to person and/or location to location within the same county
and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in
the original unbroken package, to be taken away from th e premises of the retailer and
consumed off the premises. A retailer with off -sale privileges may deliver spirituous
liquor off of the licensed premises in connection with a retail sale. Payment must be
made no later than the time of delivery. Series 9 (li quor store) licensees and applicants
may apply for unlimited sampling privileges by completing the Sampling Privileges
form.
Series 10 Beer and Wine Store
This non-transferable, off-sale retail privileges liquor license allows a retail store to sell
beer and wine (no other spirituous liquors), only in the original unbroken package, to
be taken away from the premises of the retailer and consumed off the premises. A
retailer with off-sale privileges may deliver spirituous liquor off of the licensed
premises in connection with a retail sale. Payment must be made no later than the time
of delivery. Series 10 (beer and wine store) licensees and applicants may apply for
unlimited sampling privileges by completing the Sampling Privileges form.
Series 11 Hotel/Motel
This non-transferable, on-sale retail privileges liquor license allows the holder of a
hotel/motel license to sell and serve all types of spirituous liquor solely for
consumption on the premises of a hotel or motel that has a restaurant where food is
served on the premises. The restaurant on the licensed premises must derive at least
forty percent (40%) of its gross revenue from the sale of food. The holder of this license
may sell spirituous liquor in sealed containers in individual portions to its regi stered
guests at any time by means of a minibar located in the guest rooms of registered
guests. The registered guest must be at least twenty -one (21) years of age. Access to the
minibar is provided by a key or magnetic card device and may not be furnished to a
guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 12 Restaurant
This non-transferable, on-sale retail privileges liquor license allows the holder of a
restaurant license to sell and serve all types of spirituous liquor solely for consumption
on the premises of an establishment which derives at least forty percent (40%) of its
gross revenue from the sale of food. Failure to meet the 40% food requirement may
result in revocation of the license.
Marana Regular Council Meeting 10/17/2017 Page 120 of 382
Council-Regular Meeting L2
Meeting Date:10/17/2017
To:Mayor and Council
Submitted For:Jocelyn C. Bronson, Town Clerk
From:Suzanne Sutherland, Assistant to the Town Clerk
Date:October 17, 2017
Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding an Acquisition of Control Series #10
Beer and Wine Store liquor license application submitted by Robert Coleman
Sprouse on behalf of Western Express #811, located at 7810 N. Silverbell Road,
Tucson, Arizona 85743 (Jocelyn C. Bronson)
Discussion:
This application is for an Acquisition of Control Series #10 Beer and Wine Store liquor license at
Western Express #811, located at 7810 N. Silverbell Road, Tucson, Arizona 85743.
Pursuant to state law, the application was posted at the premises where the business is to be
conducted. The posted notice provided that residents within a one mile radius from the premises
may file written arguments in favor of or opposed to the issuance of the license with the Town
Clerk’s Office within 20 days of the posting. Any written arguments received by the Clerk’s
Office for or against the proposed liquor license are attached to this item and will be submitted to
the Department of Liquor Licenses and Control (DLLC).
Town staff has reviewed this application to determine whether the applicant is in compliance with
zoning, building and other legal requirements for the business. Additionally, the Marana Police
Department has conducted a local background check.
The Town Council must enter an order recommending approval or disapproval of the application
within 60 days after filing of the application. Pursuant to state statute, a license will only be
issued after a satisfactory showing of the capability, qualifications and reliability of the applicant
and “in all proceedings before the town council, the applicant bears the burden of showing that the
public convenience requires and that the best interests of the community will be substantially
served by the issuance of a license.”
Marana Regular Council Meeting 10/17/2017 Page 121 of 382
If the Council’s recommendation is for disapproval, the order must include an attachment stating
the specific reasons for the recommendation of disapproval and including a summary of the
testimony or other evidence supporting the recommendation.
If the Council enters an order recommending approval of the application, or makes no
recommendation, then no hearing before the Arizona state liquor board will take place, unless the
director of the DLLC, the liquor board or a resident within a one mile radius from the premises
requests a hearing. If the Council enters an order recommending disapproval of the application,
or if the director, board or a resident within a one mile radius from the premises requests a
hearing, then the state board will hold a hearing regarding the application.
At the hearing, the state board will consider all evidence and testimony in favor of or opposed to
the granting of the license. The decision of the board to either grant or deny an application will
normally take place within 105 days after the application has been filed, unless the director of the
DLLC deems it necessary to extend the time period.
Staff Recommendation:
Staff recommends that an order recommending approval be submitted to the DLLC for this liquor
license application.
Suggested Motion:
OPTION 1: I move to adopt and submit to the DLLC an order recommending approval of an
Acquisition of Control Series #10 Beer and Wine Store liquor license application submitted by
Robert Coleman Sprouse on behalf Western Express #811, located at 7810 N. Silverbell Road,
Tucson, Arizona 85743.
OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of
an Acquisition of Control Series #10 Beer and Wine Store liquor license application submitted by
Robert Coleman Sprouse on behalf Western Express #811, located at 7810 N. Silverbell Road,
Tucson, Arizona 85743.
Attachments
Application
Affidavit of Posting
Local Governing Body Recommendation
Descriptions of Common Types Liquor Licenses
Marana Regular Council Meeting 10/17/2017 Page 122 of 382
Marana Regular Council Meeting 10/17/2017 Page 123 of 382
Marana Regular Council Meeting 10/17/2017 Page 124 of 382
Marana Regular Council Meeting 10/17/2017 Page 125 of 382
Marana Regular Council Meeting 10/17/2017 Page 126 of 382
Marana Regular Council Meeting 10/17/2017 Page 127 of 382
Marana Regular Council Meeting 10/17/2017 Page 128 of 382
Marana Regular Council Meeting 10/17/2017 Page 129 of 382
11/24/2015 Page 1 of 1
Individuals requiring ADA accommodations please call (602)542-9027
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007-2934
www.azliquor.gov
(602) 542-5141
AFFIDAVIT OF POSTING
Date of Posting: ____________________________________ Date of Posting Removal: ___________________________________
Applicant’s Name: ____________________________________________________________________________________________________
Last First Middle
Business Address: ______________________________________________________________________________________________________
Street City Zip
License #: __________________________________________
I hereby certify that pursuant to A.R.S. 4-201, I posted notice in a conspicuous place on the premises proposed to be
licensed by the above applicant and said notice was posted for at least twenty (20) days.
___________________________________________________________ ________________________ ________________________________
Print Name of City/County Official Title Phone Number
______________________________________________________________________________________ ________________________________
Signature Date Signed
Return this affidavit with your recommendations (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents.
If you have any questions please call (602) 542-5141 and ask for the Licensing Division.
September 21, 2017
Sprouse Robert Coleman
7810 N. Silverbell Road Tucson 85743
10103762
Elton Burns, Jr.
Housing Specialist 520-990-2496
Marana Regular Council Meeting 10/17/2017 Page 130 of 382
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007-2934
www.azliquor.gov
(602) 542-5141
Local Governing Body Recommendation
A.R.S. § 4-201(C)
1. City or Town of: __________________________________________ Liquor License Application #:_______________________________
(Circle one) (Arizona application #)
2. County of: _______________________________________________ City/Town/County #: ______________________________________
3. If licensed establishment will operate within an “entertainment district” as described in A.R.S. §4-207(D)(2),
______________________________________________________ ______________________________________________________
(Name of entertainment district) (Date of resolution to create the entertainment district)
A boundary map of entertainment district must be attached.
4. The ___________________________________ at a ________________________________ meeting held on the __________________ of
(Governing body) (Regular or special) (Day)
_____________________, ____________ considered the application of _______________________________________________________
(Month) (Year) (Name of applicant)
for a license to sell spirituous liquor at the premises described in application ______________________________________________,
(Arizona liquor license application #)
for the license series #: type ________________________________________________________________ as provided by A.R.S §4-201.
(i.e.: series #10: beer & wine store)
ORDER OF APPROVAL/DISAPPROVAL
IT IS THEREFORE ORDERED that the license APPLICATION OF __________________________________________________
(Name of applicant)
to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended
for _____________________________________________________.
(Approval, disapproval, or no recommendation)
TRANSMISSION OF ORDER TO STATE
IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department
of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona.
Dated at _______________________ on ________________, _________________, __________.
(Location) (Day) (Month) (Year)
____________________________________________ ___________________________________________
(Printed name of city, town or county clerk) (Signature of city, town or county clerk)
9/29/2015 Page 1 of 1
Individuals requiring ADA accommodations please call (602)542-9027
Town of Marana
Pima County
10103762
Town LL#2017-18
Marana Town Countil Regular 17th
October 2017 Robert Coleman Sprouse
10103762
Series #10 Beer and Wine Store
Robert Coleman Sprouse
Marana Regular Council Meeting 10/17/2017 Page 131 of 382
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
{00018233.DOC / 2}
Series 6 Bar
The bar (series 6) liquor license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, this liquor license is
transferable from person to person and/or location to location within the same county
and allows the holder both on- & off-sale retail privileges. This license allows a bar
retailer to sell and serve all types of spirituous liquors, primarily by individual portions,
to be consumed on the premises and in the original container for consumption on or off
the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor
off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states
that after January 1, 2011, the off-sale privileges associated with a bar license shall be
limited to no more than 30% of the total annual sales receipts of liquor by the licensee at
that location. Payment must be made no later than the time of delivery. Off-sale ("To
Go") package sales of spirituous liquor can be made on the bar premises as long as the
area of off-sale operation does not utilize a separate entrance and exit from the ones
provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor
in sealed containers in individual portions to its registered guests at any time by means
of a minibar located in the guest rooms of registered guests. The registered guest must
be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic
card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 7 Beer and Wine Bar
The beer and wine bar (series 7) liquor license is a "quota" license available only
through the Liquor License Lottery or for purchase on the open market. Once issued,
this liquor license is transferable from person to person and/or location to location
within the same county and allows the holder both on - & off-sale retail privileges. This
license allows a beer and wine bar retailer to sell and serve beer and wine (no other
spirituous liquors), primarily by individual portions, to be consumed on the premises
and in the original container for consumption on or off the premises. A retailer with off -
sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in
connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off-
sale privileges associated with a bar license shall be limited to no more than 30% of the
total annual sales receipts of liquor by the licensee at that location. Off -sale ("To Go")
package sales can be made on the bar premises as long as the area of off -sale operation
does not utilize a separate entrance and exit from the one provide d for the bar. Payment
must be made no later than the time of delivery.
Marana Regular Council Meeting 10/17/2017 Page 132 of 382
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
{00018233.DOC / 2}
Series 9 Liquor Store
The liquor store (series 9) license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, thi s liquor license is
transferable from person to person and/or location to location within the same county
and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in
the original unbroken package, to be taken away from th e premises of the retailer and
consumed off the premises. A retailer with off -sale privileges may deliver spirituous
liquor off of the licensed premises in connection with a retail sale. Payment must be
made no later than the time of delivery. Series 9 (li quor store) licensees and applicants
may apply for unlimited sampling privileges by completing the Sampling Privileges
form.
Series 10 Beer and Wine Store
This non-transferable, off-sale retail privileges liquor license allows a retail store to sell
beer and wine (no other spirituous liquors), only in the original unbroken package, to
be taken away from the premises of the retailer and consumed off the premises. A
retailer with off-sale privileges may deliver spirituous liquor off of the licensed
premises in connection with a retail sale. Payment must be made no later than the time
of delivery. Series 10 (beer and wine store) licensees and applicants may apply for
unlimited sampling privileges by completing the Sampling Privileges form.
Series 11 Hotel/Motel
This non-transferable, on-sale retail privileges liquor license allows the holder of a
hotel/motel license to sell and serve all types of spirituous liquor solely for
consumption on the premises of a hotel or motel that has a restaurant where food is
served on the premises. The restaurant on the licensed premises must derive at least
forty percent (40%) of its gross revenue from the sale of food. The holder of this license
may sell spirituous liquor in sealed containers in individual portions to its regi stered
guests at any time by means of a minibar located in the guest rooms of registered
guests. The registered guest must be at least twenty -one (21) years of age. Access to the
minibar is provided by a key or magnetic card device and may not be furnished to a
guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 12 Restaurant
This non-transferable, on-sale retail privileges liquor license allows the holder of a
restaurant license to sell and serve all types of spirituous liquor solely for consumption
on the premises of an establishment which derives at least forty percent (40%) of its
gross revenue from the sale of food. Failure to meet the 40% food requirement may
result in revocation of the license.
Marana Regular Council Meeting 10/17/2017 Page 133 of 382
Council-Regular Meeting L3
Meeting Date:10/17/2017
To:Mayor and Council
Submitted For:Jocelyn C. Bronson, Town Clerk
From:Suzanne Sutherland, Assistant to the Town Clerk
Date:October 17, 2017
Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding an Acquisition of Control Series #10
Beer and Wine Store liquor license application submitted by Robert Coleman
Sprouse on behalf of Giant Store #628, located at 12030 N. Dove Mountain
Blvd., Marana, Arizona 85642 (Jocelyn C. Bronson)
Discussion:
This application is for an Acquisition of Control Series #10 Beer and Wine Store liquor license at
Giant Store #628, located at 12030 N. Dove Mountain Blvd., Marana, Arizona 85642.
Pursuant to state law, the application was posted at the premises where the business is to be
conducted. The posted notice provided that residents within a one mile radius from the premises
may file written arguments in favor of or opposed to the issuance of the license with the Town
Clerk’s Office within 20 days of the posting. Any written arguments received by the Clerk’s
Office for or against the proposed liquor license are attached to this item and will be submitted to
the Department of Liquor Licenses and Control (DLLC).
Town staff has reviewed this application to determine whether the applicant is in compliance with
zoning, building and other legal requirements for the business. Additionally, the Marana Police
Department has conducted a local background check.
The Town Council must enter an order recommending approval or disapproval of the application
within 60 days after filing of the application. Pursuant to state statute, a license will only be
issued after a satisfactory showing of the capability, qualifications and reliability of the applicant
and “in all proceedings before the town council, the applicant bears the burden of showing that the
public convenience requires and that the best interests of the community will be substantially
served by the issuance of a license.”
Marana Regular Council Meeting 10/17/2017 Page 134 of 382
If the Council’s recommendation is for disapproval, the order must include an attachment stating
the specific reasons for the recommendation of disapproval and including a summary of the
testimony or other evidence supporting the recommendation.
If the Council enters an order recommending approval of the application, or makes no
recommendation, then no hearing before the Arizona state liquor board will take place, unless the
director of the DLLC, the liquor board or a resident within a one mile radius from the premises
requests a hearing. If the Council enters an order recommending disapproval of the application,
or if the director, board or a resident within a one mile radius from the premises requests a
hearing, then the state board will hold a hearing regarding the application.
At the hearing, the state board will consider all evidence and testimony in favor of or opposed to
the granting of the license. The decision of the board to either grant or deny an application will
normally take place within 105 days after the application has been filed, unless the director of the
DLLC deems it necessary to extend the time period.
Staff Recommendation:
Staff recommends that an order recommending approval be submitted to the DLLC for this liquor
license application.
Suggested Motion:
OPTION 1: I move to adopt and submit to the DLLC an order recommending approval of an
Acquisition of Control Series #10 Beer and Wine Store liquor license application submitted by
Robert Coleman Sprouse on behalf of Giant Store #628, located at 12030 N. Dove Mountain
Blvd., Marana, Arizona 85642.
OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of
an Acquisition of Control Series #10 Beer and Wine Store liquor license application submitted by
Robert Coleman Sprouse on behalf of Giant Store #628, located at 12030 N. Dove Mountain
Blvd., Marana, Arizona 85642.
Attachments
Application
Affidavit of Posting
Local Governing Body of Recommendation
Descriptions of Common Types Liquor Licenses
Marana Regular Council Meeting 10/17/2017 Page 135 of 382
Marana Regular Council Meeting 10/17/2017 Page 136 of 382
Marana Regular Council Meeting 10/17/2017 Page 137 of 382
Marana Regular Council Meeting 10/17/2017 Page 138 of 382
Marana Regular Council Meeting 10/17/2017 Page 139 of 382
Marana Regular Council Meeting 10/17/2017 Page 140 of 382
Marana Regular Council Meeting 10/17/2017 Page 141 of 382
Marana Regular Council Meeting 10/17/2017 Page 142 of 382
8/21/2015 Page 1 of 1
Individuals requiring ADA accommodations please call (602)542-9027
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007-2934
www.azliquor.gov
(602) 542-5141
AFFIDAVIT OF POSTING
Date of Posting: ____________________________________ Date of Posting Removal: ___________________________________
Applicant’s Name: ____________________________________________________________________________________________________
Last First Middle
Business Address: ______________________________________________________________________________________________________
Street City Zip
License #: __________________________________________
I hereby certify that pursuant to A.R.S. 4-201, I posted notice in a conspicuous place on the premises proposed to be
licensed by the above applicant and said notice was posted for at least twenty (20) days.
___________________________________________________________ ________________________ ________________________________
Print Name of City/County Official Title Phone Number
______________________________________________________________________________________ ________________________________
Signature Date Signed
Return this affidavit with your recommendations (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents.
If you have any questions please call (602) 542-5141 and ask for the Licensing Division.
Marana Regular Council Meeting 10/17/2017 Page 143 of 382
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007-2934
www.azliquor.gov
(602) 542-5141
Local Governing Body Recommendation
A.R.S. § 4-201(C)
1. City or Town of: __________________________________________ Liquor License Application #:_______________________________
(Circle one) (Arizona application #)
2. County of: _______________________________________________ City/Town/County #: ______________________________________
3. If licensed establishment will operate within an “entertainment district” as described in A.R.S. §4-207(D)(2),
______________________________________________________ ______________________________________________________
(Name of entertainment district) (Date of resolution to create the entertainment district)
A boundary map of entertainment district must be attached.
4. The ___________________________________ at a ________________________________ meeting held on the __________________ of
(Governing body) (Regular or special) (Day)
_____________________, ____________ considered the application of _______________________________________________________
(Month) (Year) (Name of applicant)
for a license to sell spirituous liquor at the premises described in application ______________________________________________,
(Arizona liquor license application #)
for the license series #: type ________________________________________________________________ as provided by A.R.S §4-201.
(i.e.: series #10: beer & wine store)
ORDER OF APPROVAL/DISAPPROVAL
IT IS THEREFORE ORDERED that the license APPLICATION OF __________________________________________________
(Name of applicant)
to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended
for _____________________________________________________.
(Approval, disapproval, or no recommendation)
TRANSMISSION OF ORDER TO STATE
IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department
of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona.
Dated at _______________________ on ________________, _________________, __________.
(Location) (Day) (Month) (Year)
____________________________________________ ___________________________________________
(Printed name of city, town or county clerk) (Signature of city, town or county clerk)
9/29/2015 Page 1 of 1
Individuals requiring ADA accommodations please call (602)542-9027
Town of Marana
Pima County
10103784
Town LL#2017-20
Marana Town Council Regular 17th
October 2017 Robert Coleman Sprouse
10103784
Series #10 Beer and Wine Store
Robert Coleman Sprouse
Marana Regular Council Meeting 10/17/2017 Page 144 of 382
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
{00018233.DOC / 2}
Series 6 Bar
The bar (series 6) liquor license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, this liquor license is
transferable from person to person and/or location to location within the same county
and allows the holder both on- & off-sale retail privileges. This license allows a bar
retailer to sell and serve all types of spirituous liquors, primarily by individual portions,
to be consumed on the premises and in the original container for consumption on or off
the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor
off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states
that after January 1, 2011, the off-sale privileges associated with a bar license shall be
limited to no more than 30% of the total annual sales receipts of liquor by the licensee at
that location. Payment must be made no later than the time of delivery. Off-sale ("To
Go") package sales of spirituous liquor can be made on the bar premises as long as the
area of off-sale operation does not utilize a separate entrance and exit from the ones
provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor
in sealed containers in individual portions to its registered guests at any time by means
of a minibar located in the guest rooms of registered guests. The registered guest must
be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic
card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 7 Beer and Wine Bar
The beer and wine bar (series 7) liquor license is a "quota" license available only
through the Liquor License Lottery or for purchase on the open market. Once issued,
this liquor license is transferable from person to person and/or location to location
within the same county and allows the holder both on - & off-sale retail privileges. This
license allows a beer and wine bar retailer to sell and serve beer and wine (no other
spirituous liquors), primarily by individual portions, to be consumed on the premises
and in the original container for consumption on or off the premises. A retailer with off -
sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in
connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off-
sale privileges associated with a bar license shall be limited to no more than 30% of the
total annual sales receipts of liquor by the licensee at that location. Off -sale ("To Go")
package sales can be made on the bar premises as long as the area of off -sale operation
does not utilize a separate entrance and exit from the one provide d for the bar. Payment
must be made no later than the time of delivery.
Marana Regular Council Meeting 10/17/2017 Page 145 of 382
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
{00018233.DOC / 2}
Series 9 Liquor Store
The liquor store (series 9) license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, thi s liquor license is
transferable from person to person and/or location to location within the same county
and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in
the original unbroken package, to be taken away from th e premises of the retailer and
consumed off the premises. A retailer with off -sale privileges may deliver spirituous
liquor off of the licensed premises in connection with a retail sale. Payment must be
made no later than the time of delivery. Series 9 (li quor store) licensees and applicants
may apply for unlimited sampling privileges by completing the Sampling Privileges
form.
Series 10 Beer and Wine Store
This non-transferable, off-sale retail privileges liquor license allows a retail store to sell
beer and wine (no other spirituous liquors), only in the original unbroken package, to
be taken away from the premises of the retailer and consumed off the premises. A
retailer with off-sale privileges may deliver spirituous liquor off of the licensed
premises in connection with a retail sale. Payment must be made no later than the time
of delivery. Series 10 (beer and wine store) licensees and applicants may apply for
unlimited sampling privileges by completing the Sampling Privileges form.
Series 11 Hotel/Motel
This non-transferable, on-sale retail privileges liquor license allows the holder of a
hotel/motel license to sell and serve all types of spirituous liquor solely for
consumption on the premises of a hotel or motel that has a restaurant where food is
served on the premises. The restaurant on the licensed premises must derive at least
forty percent (40%) of its gross revenue from the sale of food. The holder of this license
may sell spirituous liquor in sealed containers in individual portions to its regi stered
guests at any time by means of a minibar located in the guest rooms of registered
guests. The registered guest must be at least twenty -one (21) years of age. Access to the
minibar is provided by a key or magnetic card device and may not be furnished to a
guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 12 Restaurant
This non-transferable, on-sale retail privileges liquor license allows the holder of a
restaurant license to sell and serve all types of spirituous liquor solely for consumption
on the premises of an establishment which derives at least forty percent (40%) of its
gross revenue from the sale of food. Failure to meet the 40% food requirement may
result in revocation of the license.
Marana Regular Council Meeting 10/17/2017 Page 146 of 382
Council-Regular Meeting L4
Meeting Date:10/17/2017
To:Mayor and Council
Submitted For:Jocelyn C. Bronson, Town Clerk
From:Suzanne Sutherland, Assistant to the Town Clerk
Date:October 17, 2017
Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding an Acquisition of Control Series #10
Beer and Wine Store liquor license application submitted by Robert Coleman
Sprouse on behalf of Giant Store #612, located at 4202 W. Ina Road, Tucson,
Arizona 85741 (Jocelyn C. Bronson)
Discussion:
This application is for a series #10 Beer and Wine Store liquor license at Giant Store #612,
located at 4202 W. Ina Road, Tucson, Arizona 85741.
Pursuant to state law, the application was posted at the premises where the business is to be
conducted. The posted notice provided that residents within a one mile radius from the premises
may file written arguments in favor of or opposed to the issuance of the license with the Town
Clerk’s Office within 20 days of the posting. Any written arguments received by the Clerk’s
Office for or against the proposed liquor license are attached to this item and will be submitted to
the Department of Liquor Licenses and Control (DLLC).
Town staff has reviewed this application to determine whether the applicant is in compliance with
zoning, building and other legal requirements for the business. Additionally, the Marana Police
Department has conducted a local background check.
The Town Council must enter an order recommending approval or disapproval of the application
within 60 days after filing of the application. Pursuant to state statute, a license will only be
issued after a satisfactory showing of the capability, qualifications and reliability of the applicant
and “in all proceedings before the town council, the applicant bears the burden of showing that the
public convenience requires and that the best interests of the community will be substantially
served by the issuance of a license.”
Marana Regular Council Meeting 10/17/2017 Page 147 of 382
If the Council’s recommendation is for disapproval, the order must include an attachment stating
the specific reasons for the recommendation of disapproval and including a summary of the
testimony or other evidence supporting the recommendation.
If the Council enters an order recommending approval of the application, or makes no
recommendation, then no hearing before the Arizona state liquor board will take place, unless the
director of the DLLC, the liquor board or a resident within a one mile radius from the premises
requests a hearing. If the Council enters an order recommending disapproval of the application,
or if the director, board or a resident within a one mile radius from the premises requests a
hearing, then the state board will hold a hearing regarding the application.
At the hearing, the state board will consider all evidence and testimony in favor of or opposed to
the granting of the license. The decision of the board to either grant or deny an application will
normally take place within 105 days after the application has been filed, unless the director of the
DLLC deems it necessary to extend the time period.
Staff Recommendation:
Staff recommends that an order recommending approval be submitted to the DLLC for this liquor
license application.
Suggested Motion:
OPTION 1: I move to adopt and submit to the DLLC an order recommending approval of an
Acquisition of Control series #10 Beer and Wine Store liquor license application submitted by
Robert Coleman Sprouse on behalf Giant Store #612, located at 4202 W. Ina Road, Tucson,
Arizona 85741.
OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of
an Acquisition of Control series #10 Beer and Wine Store liquor license application submitted by
Robert Coleman Sprouse on behalf Giant Store #612, located at 4202 W. Ina Road, Tucson,
Arizona 85741.
Attachments
Application
Affidavit of Posting
Local Governing Body Recommendation
Descriptions of Common Types of Liquor Licenses
Marana Regular Council Meeting 10/17/2017 Page 148 of 382
Marana Regular Council Meeting 10/17/2017 Page 149 of 382
Marana Regular Council Meeting 10/17/2017 Page 150 of 382
Marana Regular Council Meeting 10/17/2017 Page 151 of 382
Marana Regular Council Meeting 10/17/2017 Page 152 of 382
Marana Regular Council Meeting 10/17/2017 Page 153 of 382
Marana Regular Council Meeting 10/17/2017 Page 154 of 382
Marana Regular Council Meeting 10/17/2017 Page 155 of 382
Marana Regular Council Meeting 10/17/2017 Page 156 of 382
11/24/2015 Page 1 of 1
Individuals requiring ADA accommodations please call (602)542-9027
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007-2934
www.azliquor.gov
(602) 542-5141
AFFIDAVIT OF POSTING
Date of Posting: ____________________________________ Date of Posting Removal: ___________________________________
Applicant’s Name: ____________________________________________________________________________________________________
Last First Middle
Business Address: ______________________________________________________________________________________________________
Street City Zip
License #: __________________________________________
I hereby certify that pursuant to A.R.S. 4-201, I posted notice in a conspicuous place on the premises proposed to be
licensed by the above applicant and said notice was posted for at least twenty (20) days.
___________________________________________________________ ________________________ ________________________________
Print Name of City/County Official Title Phone Number
______________________________________________________________________________________ ________________________________
Signature Date Signed
Return this affidavit with your recommendations (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents.
If you have any questions please call (602) 542-5141 and ask for the Licensing Division.
September 22, 2017
Sprouse Robert Coleman
4202 W. Ina Road Tucson 85741
10103776
Elton Burns, Jr.
Housing Specialist 520-990-2496
Marana Regular Council Meeting 10/17/2017 Page 157 of 382
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007-2934
www.azliquor.gov
(602) 542-5141
Local Governing Body Recommendation
A.R.S. § 4-201(C)
1. City or Town of: __________________________________________ Liquor License Application #:_______________________________
(Circle one) (Arizona application #)
2. County of: _______________________________________________ City/Town/County #: ______________________________________
3. If licensed establishment will operate within an “entertainment district” as described in A.R.S. §4-207(D)(2),
______________________________________________________ ______________________________________________________
(Name of entertainment district) (Date of resolution to create the entertainment district)
A boundary map of entertainment district must be attached.
4. The ___________________________________ at a ________________________________ meeting held on the __________________ of
(Governing body) (Regular or special) (Day)
_____________________, ____________ considered the application of _______________________________________________________
(Month) (Year) (Name of applicant)
for a license to sell spirituous liquor at the premises described in application ______________________________________________,
(Arizona liquor license application #)
for the license series #: type ________________________________________________________________ as provided by A.R.S §4-201.
(i.e.: series #10: beer & wine store)
ORDER OF APPROVAL/DISAPPROVAL
IT IS THEREFORE ORDERED that the license APPLICATION OF __________________________________________________
(Name of applicant)
to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended
for _____________________________________________________.
(Approval, disapproval, or no recommendation)
TRANSMISSION OF ORDER TO STATE
IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department
of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona.
Dated at _______________________ on ________________, _________________, __________.
(Location) (Day) (Month) (Year)
____________________________________________ ___________________________________________
(Printed name of city, town or county clerk) (Signature of city, town or county clerk)
9/29/2015 Page 1 of 1
Individuals requiring ADA accommodations please call (602)542-9027
Town of Marana
Pima
10103776
Town #LL2017-22
Marana Town Council Regular 17th
October 2017 Robert Coleman Sprouse
10103776
Series #10 Beer and Wine Store
Robert Coleman Sprouse
Marana Regular Council Meeting 10/17/2017 Page 158 of 382
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
{00018233.DOC / 2}
Series 6 Bar
The bar (series 6) liquor license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, this liquor license is
transferable from person to person and/or location to location within the same county
and allows the holder both on- & off-sale retail privileges. This license allows a bar
retailer to sell and serve all types of spirituous liquors, primarily by individual portions,
to be consumed on the premises and in the original container for consumption on or off
the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor
off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states
that after January 1, 2011, the off-sale privileges associated with a bar license shall be
limited to no more than 30% of the total annual sales receipts of liquor by the licensee at
that location. Payment must be made no later than the time of delivery. Off-sale ("To
Go") package sales of spirituous liquor can be made on the bar premises as long as the
area of off-sale operation does not utilize a separate entrance and exit from the ones
provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor
in sealed containers in individual portions to its registered guests at any time by means
of a minibar located in the guest rooms of registered guests. The registered guest must
be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic
card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 7 Beer and Wine Bar
The beer and wine bar (series 7) liquor license is a "quota" license available only
through the Liquor License Lottery or for purchase on the open market. Once issued,
this liquor license is transferable from person to person and/or location to location
within the same county and allows the holder both on - & off-sale retail privileges. This
license allows a beer and wine bar retailer to sell and serve beer and wine (no other
spirituous liquors), primarily by individual portions, to be consumed on the premises
and in the original container for consumption on or off the premises. A retailer with off -
sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in
connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off-
sale privileges associated with a bar license shall be limited to no more than 30% of the
total annual sales receipts of liquor by the licensee at that location. Off -sale ("To Go")
package sales can be made on the bar premises as long as the area of off -sale operation
does not utilize a separate entrance and exit from the one provide d for the bar. Payment
must be made no later than the time of delivery.
Marana Regular Council Meeting 10/17/2017 Page 159 of 382
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
{00018233.DOC / 2}
Series 9 Liquor Store
The liquor store (series 9) license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, thi s liquor license is
transferable from person to person and/or location to location within the same county
and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in
the original unbroken package, to be taken away from th e premises of the retailer and
consumed off the premises. A retailer with off -sale privileges may deliver spirituous
liquor off of the licensed premises in connection with a retail sale. Payment must be
made no later than the time of delivery. Series 9 (li quor store) licensees and applicants
may apply for unlimited sampling privileges by completing the Sampling Privileges
form.
Series 10 Beer and Wine Store
This non-transferable, off-sale retail privileges liquor license allows a retail store to sell
beer and wine (no other spirituous liquors), only in the original unbroken package, to
be taken away from the premises of the retailer and consumed off the premises. A
retailer with off-sale privileges may deliver spirituous liquor off of the licensed
premises in connection with a retail sale. Payment must be made no later than the time
of delivery. Series 10 (beer and wine store) licensees and applicants may apply for
unlimited sampling privileges by completing the Sampling Privileges form.
Series 11 Hotel/Motel
This non-transferable, on-sale retail privileges liquor license allows the holder of a
hotel/motel license to sell and serve all types of spirituous liquor solely for
consumption on the premises of a hotel or motel that has a restaurant where food is
served on the premises. The restaurant on the licensed premises must derive at least
forty percent (40%) of its gross revenue from the sale of food. The holder of this license
may sell spirituous liquor in sealed containers in individual portions to its regi stered
guests at any time by means of a minibar located in the guest rooms of registered
guests. The registered guest must be at least twenty -one (21) years of age. Access to the
minibar is provided by a key or magnetic card device and may not be furnished to a
guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 12 Restaurant
This non-transferable, on-sale retail privileges liquor license allows the holder of a
restaurant license to sell and serve all types of spirituous liquor solely for consumption
on the premises of an establishment which derives at least forty percent (40%) of its
gross revenue from the sale of food. Failure to meet the 40% food requirement may
result in revocation of the license.
Marana Regular Council Meeting 10/17/2017 Page 160 of 382
Council-Regular Meeting L5
Meeting Date:10/17/2017
To:Mayor and Council
Submitted For:Jocelyn C. Bronson, Town Clerk
From:Suzanne Sutherland, Assistant to the Town Clerk
Date:October 17, 2017
Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding an Acquisition of Control series #10
Beer and Wine Store liquor license application submitted by Robert Coleman
Sprouse on behalf of Giant Store #919, located at 4180 W. Ina Road, Tucson,
Arizona 85741 (Jocelyn C. Bronson)
Discussion:
This application is for a series #10 Beer and Wine Store liquor license at Giant Store #919,
located at 4180 W. Ina Road, Tucson, Arizona 85741.
Pursuant to state law, the application was posted at the premises where the business is to be
conducted. The posted notice provided that residents within a one mile radius from the premises
may file written arguments in favor of or opposed to the issuance of the license with the Town
Clerk’s Office within 20 days of the posting. Any written arguments received by the Clerk’s
Office for or against the proposed liquor license are attached to this item and will be submitted to
the Department of Liquor Licenses and Control (DLLC).
Town staff has reviewed this application to determine whether the applicant is in compliance with
zoning, building and other legal requirements for the business. Additionally, the Marana Police
Department has conducted a local background check.
The Town Council must enter an order recommending approval or disapproval of the application
within 60 days after filing of the application. Pursuant to state statute, a license will only be
issued after a satisfactory showing of the capability, qualifications and reliability of the applicant
and “in all proceedings before the town council, the applicant bears the burden of showing that the
public convenience requires and that the best interests of the community will be substantially
served by the issuance of a license.”
Marana Regular Council Meeting 10/17/2017 Page 161 of 382
If the Council’s recommendation is for disapproval, the order must include an attachment stating
the specific reasons for the recommendation of disapproval and including a summary of the
testimony or other evidence supporting the recommendation.
If the Council enters an order recommending approval of the application, or makes no
recommendation, then no hearing before the Arizona state liquor board will take place, unless the
director of the DLLC, the liquor board or a resident within a one mile radius from the premises
requests a hearing. If the Council enters an order recommending disapproval of the application,
or if the director, board or a resident within a one mile radius from the premises requests a
hearing, then the state board will hold a hearing regarding the application.
At the hearing, the state board will consider all evidence and testimony in favor of or opposed to
the granting of the license. The decision of the board to either grant or deny an application will
normally take place within 105 days after the application has been filed, unless the director of the
DLLC deems it necessary to extend the time period.
Staff Recommendation:
Staff recommends that an order recommending approval be submitted to the DLLC for this liquor
license application.
Suggested Motion:
OPTION 1: I move to adopt and submit to the DLLC an order recommending approval of an
Acquisition of Control series #10 Beer and Wine Store liquor license application submitted by
Robert Coleman Sprouse on behalf Giant Store #919, located at 4180 W. Ina Road, Tucson,
Arizona 85741.
OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of
an Acquisition of Control series #10 Beer and Wine Store liquor license application submitted by
Robert Coleman Sprouse on behalf Giant Store #919, located at 4180 W. Ina Road, Tucson,
Arizona 85741.
Attachments
Application
Affidavit of Posting
Local Governing Body of Recommentation
Descriptions of Common Types of Liquor Licenses
Marana Regular Council Meeting 10/17/2017 Page 162 of 382
Marana Regular Council Meeting 10/17/2017 Page 163 of 382
Marana Regular Council Meeting 10/17/2017 Page 164 of 382
Marana Regular Council Meeting 10/17/2017 Page 165 of 382
Marana Regular Council Meeting 10/17/2017 Page 166 of 382
Marana Regular Council Meeting 10/17/2017 Page 167 of 382
Marana Regular Council Meeting 10/17/2017 Page 168 of 382
Marana Regular Council Meeting 10/17/2017 Page 169 of 382
11/24/2015 Page 1 of 1
Individuals requiring ADA accommodations please call (602)542-9027
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007-2934
www.azliquor.gov
(602) 542-5141
AFFIDAVIT OF POSTING
Date of Posting: ____________________________________ Date of Posting Removal: ___________________________________
Applicant’s Name: ____________________________________________________________________________________________________
Last First Middle
Business Address: ______________________________________________________________________________________________________
Street City Zip
License #: __________________________________________
I hereby certify that pursuant to A.R.S. 4-201, I posted notice in a conspicuous place on the premises proposed to be
licensed by the above applicant and said notice was posted for at least twenty (20) days.
___________________________________________________________ ________________________ ________________________________
Print Name of City/County Official Title Phone Number
______________________________________________________________________________________ ________________________________
Signature Date Signed
Return this affidavit with your recommendations (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents.
If you have any questions please call (602) 542-5141 and ask for the Licensing Division.
September 18, 2017
Sprouse Robert Coleman
4180 W. Ina Road Tucson 85741
10103763
Elton Burns, Jr.
Housing Specialist 520-990-2496
Marana Regular Council Meeting 10/17/2017 Page 170 of 382
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007-2934
www.azliquor.gov
(602) 542-5141
Local Governing Body Recommendation
A.R.S. § 4-201(C)
1. City or Town of: __________________________________________ Liquor License Application #:_______________________________
(Circle one) (Arizona application #)
2. County of: _______________________________________________ City/Town/County #: ______________________________________
3. If licensed establishment will operate within an “entertainment district” as described in A.R.S. §4-207(D)(2),
______________________________________________________ ______________________________________________________
(Name of entertainment district) (Date of resolution to create the entertainment district)
A boundary map of entertainment district must be attached.
4. The ___________________________________ at a ________________________________ meeting held on the __________________ of
(Governing body) (Regular or special) (Day)
_____________________, ____________ considered the application of _______________________________________________________
(Month) (Year) (Name of applicant)
for a license to sell spirituous liquor at the premises described in application ______________________________________________,
(Arizona liquor license application #)
for the license series #: type ________________________________________________________________ as provided by A.R.S §4-201.
(i.e.: series #10: beer & wine store)
ORDER OF APPROVAL/DISAPPROVAL
IT IS THEREFORE ORDERED that the license APPLICATION OF __________________________________________________
(Name of applicant)
to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended
for _____________________________________________________.
(Approval, disapproval, or no recommendation)
TRANSMISSION OF ORDER TO STATE
IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department
of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona.
Dated at _______________________ on ________________, _________________, __________.
(Location) (Day) (Month) (Year)
____________________________________________ ___________________________________________
(Printed name of city, town or county clerk) (Signature of city, town or county clerk)
9/29/2015 Page 1 of 1
Individuals requiring ADA accommodations please call (602)542-9027
Town of Marana
Pima County
10103763
Town #LL2017-19
Marana Town Council Regular 17th
October 2017 Robert Coleman Sprouse
10103763
Series #10 Beer and Wine Store
Robert Coleman Sprouse
Marana Regular Council Meeting 10/17/2017 Page 171 of 382
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
{00018233.DOC / 2}
Series 6 Bar
The bar (series 6) liquor license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, this liquor license is
transferable from person to person and/or location to location within the same county
and allows the holder both on- & off-sale retail privileges. This license allows a bar
retailer to sell and serve all types of spirituous liquors, primarily by individual portions,
to be consumed on the premises and in the original container for consumption on or off
the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor
off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states
that after January 1, 2011, the off-sale privileges associated with a bar license shall be
limited to no more than 30% of the total annual sales receipts of liquor by the licensee at
that location. Payment must be made no later than the time of delivery. Off-sale ("To
Go") package sales of spirituous liquor can be made on the bar premises as long as the
area of off-sale operation does not utilize a separate entrance and exit from the ones
provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor
in sealed containers in individual portions to its registered guests at any time by means
of a minibar located in the guest rooms of registered guests. The registered guest must
be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic
card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 7 Beer and Wine Bar
The beer and wine bar (series 7) liquor license is a "quota" license available only
through the Liquor License Lottery or for purchase on the open market. Once issued,
this liquor license is transferable from person to person and/or location to location
within the same county and allows the holder both on - & off-sale retail privileges. This
license allows a beer and wine bar retailer to sell and serve beer and wine (no other
spirituous liquors), primarily by individual portions, to be consumed on the premises
and in the original container for consumption on or off the premises. A retailer with off -
sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in
connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off-
sale privileges associated with a bar license shall be limited to no more than 30% of the
total annual sales receipts of liquor by the licensee at that location. Off -sale ("To Go")
package sales can be made on the bar premises as long as the area of off -sale operation
does not utilize a separate entrance and exit from the one provide d for the bar. Payment
must be made no later than the time of delivery.
Marana Regular Council Meeting 10/17/2017 Page 172 of 382
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
{00018233.DOC / 2}
Series 9 Liquor Store
The liquor store (series 9) license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, thi s liquor license is
transferable from person to person and/or location to location within the same county
and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in
the original unbroken package, to be taken away from th e premises of the retailer and
consumed off the premises. A retailer with off -sale privileges may deliver spirituous
liquor off of the licensed premises in connection with a retail sale. Payment must be
made no later than the time of delivery. Series 9 (li quor store) licensees and applicants
may apply for unlimited sampling privileges by completing the Sampling Privileges
form.
Series 10 Beer and Wine Store
This non-transferable, off-sale retail privileges liquor license allows a retail store to sell
beer and wine (no other spirituous liquors), only in the original unbroken package, to
be taken away from the premises of the retailer and consumed off the premises. A
retailer with off-sale privileges may deliver spirituous liquor off of the licensed
premises in connection with a retail sale. Payment must be made no later than the time
of delivery. Series 10 (beer and wine store) licensees and applicants may apply for
unlimited sampling privileges by completing the Sampling Privileges form.
Series 11 Hotel/Motel
This non-transferable, on-sale retail privileges liquor license allows the holder of a
hotel/motel license to sell and serve all types of spirituous liquor solely for
consumption on the premises of a hotel or motel that has a restaurant where food is
served on the premises. The restaurant on the licensed premises must derive at least
forty percent (40%) of its gross revenue from the sale of food. The holder of this license
may sell spirituous liquor in sealed containers in individual portions to its regi stered
guests at any time by means of a minibar located in the guest rooms of registered
guests. The registered guest must be at least twenty -one (21) years of age. Access to the
minibar is provided by a key or magnetic card device and may not be furnished to a
guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 12 Restaurant
This non-transferable, on-sale retail privileges liquor license allows the holder of a
restaurant license to sell and serve all types of spirituous liquor solely for consumption
on the premises of an establishment which derives at least forty percent (40%) of its
gross revenue from the sale of food. Failure to meet the 40% food requirement may
result in revocation of the license.
Marana Regular Council Meeting 10/17/2017 Page 173 of 382
Council-Regular Meeting A1
Meeting Date:10/17/2017
To:Mayor and Council
From:Cynthia Ross, Senior Planner
Date:October 17, 2017
Strategic Plan Focus Area:
Not Applicable
Subject:PUBLIC HEARING: Ordinance No. 2017.020 : Relating to development; approving a
rezoning of approximately 28.22 acres of land located at the northeast corner of
Tangerine Road and Camino de Oeste, from 'R-144' Residential to 'F' Dove Mountain
Specific Plan; and approving a minor amendment to the General Plan (Cynthia Ross)
Discussion:
An application submitted by Rita Land Corporation and Redhawk Marana, LLC, represented by
the Planning Center, to rezone approximately 28.22 acres of land from “R-144” Residential to “F”
Dove Mountain Specific Plan with a Dove Mountain Specific Plan land use designation of
Mixed-Use Commercial (MUC). The request is accompanied by a minor General Plan
amendment to amend the current land use designation from Rural Density Residential (RDR) to
Master Plan Area (MPA) to accommodate the proposed amended specific plan. This project is
located within the Tangerine Road Special Planning Area, an area designated in the Marana 2010
General Plan deemed critical to the economic growth of the Town.
The Dove Mountain Specific Plan currently encompasses approximately 6,179 acres and the
proposed rezoning area would increase the total Specific Plan acreage to approximately 6,207
acres. The rezoning area is currently comprised of two vacant parcels, 219-35-004C and
219-35-004B, both zoned “R-144” Residential. The rezoning area has the proposed Dove
Mountain Specific land use designation of MUC (Mixed Use Commercial), which allows for a
wide range of commercial uses including office, medical, employment, retail, as well as
residential use.
Location
The subject property is located at the northeast corner of Tangerine Road and Camino de Oeste.
Marana Regular Council Meeting 10/17/2017 Page 174 of 382
The site is bounded by Tangerine Road on the south and Camino de Oeste on the west. The
project is situated within the southwestern portion of Township 11 South, Range 13 East, Section
31. The proposed amendment area is located at the southeastern corner of the Dove Mountain
Specific Plan area.
Dove Mountain Specific Plan
The Dove Mountain Specific Plan, originally called the Tortolita Mountain Properties, and
subsequently renamed Redhawk Specific Plan, was adopted on May 31, 1989 by Ordinance
89.22. This application represents the seventh amendment to the Dove Mountain Specific Plan. It
was last amended in July 16, 2002 by Ordinance 2002.13.
The Dove Mountain Specific Plan establishes comprehensive guidance and regulations and will
not be changed by this amendment. The additional acres will be developed in accordance with the
existing design guidelines, character and quality of other development within the Dove Mountain
Specific Plan. The previously adopted Specific Plan limits the number of homes within the
Specific Plan to no more than 9,152 homes. The maximum number of homes will not be increased
with this amendment.
Upon approval of the Specific Plan amendment, the land use map, table, and relevant pages
within the approved Dove Mountain Specific Plan will be modified to include the additional
28.22 acres with the land use designation of Mixed Use Commercial. The Development
Capability Report will be incorporated into the Specific Plan as Appendix Y. The legal
description of the new amendment area will be appended to the legal description in Appendix A
of the Specific Plan.
Land Use
Currently, the parcels that comprise the amendment area are vacant, with no previous disturbance.
Land uses surrounding the parcels are: vacant, unsubdivided single-family residential to the north,
Tangerine Sky Park (currently under construction) to the south, unsubdivided single-family
residential to the east, and the Encantada at Dove Mountain apartments to the west.
Infrastructure and Public Utilities
The amendment area is proposed to be served by Pima County’s regional public sewer system.
The City of Tucson has potable water lines in the vicinity of the eastern property edge. These
lines have the delivery capability to supply the potable water demand requirements of the project.
Service will require an expansion of the Water Service Area for Tucson. Northwest Fire District
provides service to the properties in the project vicinity; however, the project site is not currently
included within the District’s boundary and therefore must complete annexation prior to
development. Utility providers include: Trico Electric, Southwest Gas, and Comcast.
Access and Circulation
Access to the rezoning area will be provided from the existing, adjacent public roads.
Citizen Participation
Marana Regular Council Meeting 10/17/2017 Page 175 of 382
The applicants held a neighborhood meeting on September 19, 2017. All property owners within
300 feet of the amendment area were notified. Four residents attended the meeting. Questions
related to residential use were posed.
Public Notification
This public hearing was properly noticed in the Daily Territorial newspaper, and all property
owners within 300 feet for the proposed amended area were noticed by U.S. Mail of the date,
time, and topic of the public hearing. Notice was also posted at various locations within the
community.
Recommended Findings of Fact
The property is currently zoned “R-144” Residential. The proposed change in zoning from
“R-144” to “F” Dove Mountain Specific Plan will require a minor amendment to the Marana
General Plan from the existing designation of Rural Density Residential (RDR) to Master
Plan Area (MPA).
1.
With the acceptance of the recommended conditions, the proposed rezoning is in compliance
with all other development standards of the Land Development Code related to this zoning
classification.
2.
This proposal, with acceptance of the recommended conditions, does not appear to be
detrimental to the immediate area or to the health, safety and welfare of the inhabitants of the
area and the Town of Marana.
3.
Case Analysis and Review Criteria
Ability to comply with development regulations, i.e. water, sanitation, access, developable
parcel, etc.: With the acceptance of the recommended conditions, the development complies
with the requirements of all agencies.
1.
Ability to comply with requirements of the zoning regulations, i.e. lot size, frontage,
setbacks, etc.: With the acceptance of the recommended conditions this proposal complies
with the requirements of ‘F’ Dove Mountain Specific Plan zoning and the purpose and intent
of the Land Development Code.
2.
Consistent with the purpose of the regulations and with the intent of the General Plan: This
proposal is consistent with the purpose and intent of the Land Development Code and the
Town of Marana General Plan Master Plan Area (MPA) land use designation.
3.
Compatible with the surrounding area, harmonious with the character of the neighborhood,
not detrimental to the immediate area or the development of the area, and not detrimental to
the health, safety, or welfare of the inhabitants of the area and the Town: Based upon the
requirements and conditions, this proposal does not appear to be detrimental to the
immediate area or to the general health, safety, and welfare of the inhabitants of the area and
the Town of Marana.
4.
Staff Recommendation:
Planning Commission Recommendation
Marana Regular Council Meeting 10/17/2017 Page 176 of 382
Planning Commission Recommendation
The Planning Commission heard the request for the proposed rezoning and general plan
amendment at a public hearing on September 27, 2017. The Commission voted 4-0 (Vice Chair
Duncan and Commissioners Ferhrmann and Miller were absent) to recommend approval to the
Town Council.
Staff Recommendation
Staff recommends adoption of Ordinance No. 2017.020, approving a rezoning of approximately
28.22 acres of land located at the northeast corner of Tangerine Road and Camino de Oeste, from
'R-144' Residential to 'F' Dove Mountain Specific Plan; and approving a minor amendment to the
General Plan.
Suggested Motion:
I move to adopt Ordinance No. 2017.020, approving a rezoning of approximately 28.22 acres of
land from 'R-144' Residential to 'F' Dove Mountain Specific Plan and approving a minor
amendment to the General Plan subject to the recommended conditions.
Attachments
Ordinance No. 2017.020
Exhibit A1 legal description
Exhibit A2 depiction
Application
Appendiz Y - Development Capability Report / Dove Mtn. Amendment
Location Map
Marana Regular Council Meeting 10/17/2017 Page 177 of 382
Marana Ordinance No. 2017.020 - 1 -
MARANA ORDINANCE NO. 2017.020
RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY
28.22 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF TANGERINE
ROAD AND CAMINO DE OESTE, FROM ‘R-144’ RESIDENTIAL TO ‘F’ DOVE
MOUNTAIN SPECIFIC PLAN ; AND APPROVING A MINOR AMENDMENT TO THE
GENERAL PLAN
WHEREAS Rita Land Corporation and Redhawk Marana, LLC (collectively the
“Property Owners”) are the owners of approximately 28.22 acres of land located at the northeast
corner of Tangerine Road and Camino de Oeste, in Section 31, Township 11 South, 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 Owners have submitted an application to rezone the Rezoning
Area from ‘R-144’ Residential to ‘F’ Dove Mountain Specific Plan (“this Rezoning”), and
amend the 2010 Marana General Plan from Rural Density Residential (RDR) to Master Plan
Area (MPA) and
WHEREAS the Marana Planning Commission held a public hearing on this Rezoning on
September 27, 2017, and voted 4 to 0 with 3 Commissioners absent, to recommend that the
Town Council approve this Rezoning, subject to the recommended conditions; and
WHEREAS the Marana Town Council held a public hearing on this Rezoning on
October 17, 2017 and determined that the requested Specific Rezoning should be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1. The zoning of the Rezoning Area is hereby changed from ‘R-144’ Residential
to ‘F’ Dove Mountain Specific Plan.
Section 2. A minor amendment to the General Plan is hereby approved, changing the
General Plan designation of the Rezoning Area from Rural Density Residential to Master Plan
Area (MPA).
Section 3. This Rezoning is subject to the following conditions, the violation of which
shall be treated in the same manner as a violation of the Town of Marana Land Development
Code (but which shall not cause a reversion of this Rezoning), and which shall be binding on the
Property Owners, and their successors in interest (all of whom are collectively included in the
term “Property Owners” in the following conditions):
1. Compliance with all applicable provisions of the Town’s codes and ordinances current at the
time of any subsequent development including, but not limited to, requirements for public
improvements and payment of application fees and applicable development impact fees.
Marana Regular Council Meeting 10/17/2017 Page 178 of 382
Marana Ordinance No. 2017.020 - 2 -
2. Any preliminary plat or development plan for any portion of the Rezoning Area shall be in
general conformance with the tentative development plan presented to and approved by the
Town Council as part of this Rezoning.
3. A master drainage study must be submitted by the Property Owners and accepted by the
Town Engineer prior to Town approval of a preliminary plat or development plan for any
portion of the Rezoning Area.
4. A detailed traffic impact analysis must be submitted by the Property Owners and accepted by
Town staff prior to approval of a preliminary plat or development plan for any portion of the
Rezoning Area.
5. A water infrastructure and phasing plan (WIP) must be submitted by the Property Owners
and accepted by the “water provider” prior to approval of a preliminary plat for any portion
of the Rezoning Area. The WIP shall identify all on-site and off-site water facilities needed
to serve the proposed development. The WIP shall include all information required by the
water provider, such as (but not limited to) analysis of water use and fire flow requirements,
and well source, reservoir, and booster station infrastructure needed to serve the proposed
development. If the water provider requires a water service agreement as a condition of
service to the proposed development, the Property Owners must enter into a water service
agreement with the water provider consistent with the accepted WIP.
6. A master sewer plan must be submitted by the Property Owners and accepted by the Pima
County Regional Wastewater Reclamation Department (the “wastewater utility”) prior to the
approval of any final plat or development plan for the Rezoning Area. The master sewer plan
shall identify all on-site and off-site wastewater facilities needed to serve the proposed
development, and shall include all information required by the wastewater utility. If the
wastewater utility requires a sewer service agreement as a condition of service to the
proposed development, the Property Owners must enter into a sewer service agreement with
the wastewater utility consistent with the accepted master sewer plan.
7. The Property Owners must design and construct any roadway, drainage, water, and
wastewater improvements, and dedicate or acquire any property rights associated with those
improvements, that the Town requires based on the data and findings of the accepted traffic
impact analysis, the accepted master drainage study, the accepted WIP, the accepted master
sewer plan, and other studies approved in connection with the approval of a preliminary plat
or development plan for any portion of the Rezoning Area.
8. The final design of required streets and circulation facilities, including gated access (if
applicable) and emergency access, must be in conformance with applicable fire codes prior to
Town Council consideration of a final plat for any portion of the Rezoning Area.
9. No approval, permit or authorization by the Town of Marana authorizes violation of any
federal or state law or regulation or relieves the Property Owners from responsibility to
ensure compliance with all applicable federal and state laws and regulations, including the
Endangered Species Act and the Clean Water Act. The Property Owners should retain
appropriate experts and consult appropriate federal and state agencies to determine any action
necessary to assure compliance with applicable laws and regulations.
10. Prior to the issuance of any grading permits, the Property Owners shall submit evidence to
the Town that all federal permit requirements have been met through the Corps of Engineers
and the State Historic Preservation Office, if federal permits are required for the development
of the Rezoning Area.
Marana Regular Council Meeting 10/17/2017 Page 179 of 382
Marana Ordinance No. 2017.020 - 3 -
11. A 100% clearance survey for the desert tortoise shall be completed by a qualified biologist at
the Property Owners’ expense and a survey report shall be submitted to the Town and to the
Arizona Game and Fish Department (AZGFD) prior to issuance of any grading permits. If a
desert tortoise is found during the survey or at any time during construction, the Property
Owners shall immediately notify the Town and AZGFD, and the tortoise shall be moved in
accordance with the most current AZGFD Tortoise Handling Guidelines at the Property
Owners’ expense.
12. The Property Owners shall not cause any lot split of any kind without the written consent of
the Town of Marana.
13. Compliance with all provisions of the Town’s Codes, Street Standards, and Ordinances,
current at the time of any subsequent development, including, but not limited to,
requirements for public improvements.
14. This specific plan amendment shall not confer any impact fee exemptions previously agreed
to through the Dove Mountain Development Agreement(s).
15. All open space easements, public trails and/or wildlife corridors shall be dedicated to the
applicable entity at the time of platting, and no construction shall be permitted in the
delineated Floodplain without the consent of the Development Services Administrator.
16. Prior to approval of a subdivision plat within the Rezoning Area, the applicant shall provide
written verification that the site has been annexed in the Northwest Fire District.
17. Developer shall construct a five foot wide sidewalk on the western boundary of the project
on Camino De Oeste Road at the time of development with the Rezoning Area that is
adjacent to Camino De Oeste.
Section 5. All ordinances, resolutions and motions and parts of ordinances, resolutions,
and motions of the Marana Town Council in conflict with the provisions of this ordinance are
hereby repealed, effective as of the effective date of this ordinance.
Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 17th day of October, 2017.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Regular Council Meeting 10/17/2017 Page 180 of 382
Exhibit A
LEGAL DESCRIPTION
Parcel 1 and Parcel 2 as described below:
Parcel 1:
All that portion of Lot 4 of Section 31, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima
County, Arizona. More particularly described as follows:
COMMENCING at the Southwest corner of said Lot 4, being an aluminum capped pin tagged LS 15343 from which the
South Quarter corner of said Section 31, being a brass cap survey monument, bears North 89 degrees 49 minutes 57
seconds East at a distance of 2519.34 feet;
THENCE North 00 degrees 19 minutes 49 seconds West, along the West line of said Lot 4, a distance of 1318.60 feet to
the Northwest corner of said Lot 4, being a ½ inch rebar tagged LS 4680;
THENCE North 89 degrees 51 minutes 13 seconds East, along the North line of said Lot 4, a distance of 75.00 feet to the
TRUE POINT OF BEGINNING, being a ½ inch rebar tagged LS 4680;
THENCE continue along said North line, North 89 degrees 51 minutes 13 seconds East, a distance of 1128.91 feet to the
Northeast corner of said Lot 4, being a ½ inch rebar tagged LS 4680;
THENCE South 00 degrees 10 minutes 49 seconds East, along the East line of said Lot 4, a distance of 579.18 feet to a
point;
THENCE South 89 degrees 51 minutes 13 seconds West, parallel to the North line of said Lot 4, a distance of 1127.40
feet to a point 75.00 feet East of the West line of said Lot 4;
THENCE North 00 degrees 19 minutes 49 seconds West, parallel to and 75.00 feet East of the said West line, a distance
of 579.18 feet to the TRUE POINT OF BEGINNING.
Parcel 2:
All that portion of Lot 4 of Section 31, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima
County, Arizona, more particularly described as follows:
That portion of said Lot 4, as shown on the Record of Survey recorded in Book 33 of Record of Survey at Page 70,
Excluding the Northerly 15.00 acres, more particularly described as follows:
Commencing at the Southwest corner of said Lot 4, being an aluminum capped pin tagged "LS 15343" from which the
South ¼ corner of said Section 31, begin a brass cap survey monument, bears North 89 degrees, 49 minutes, 57 seconds
East at a distance of 2519.34 feet and the Northwest corner of said Lot 4, being a ½ " rebar tagged "LS 4680", bears
North 00 degrees, 19 minutes, 49 seconds West, at a distance of 1318.60 feet,
Thence North 00 degrees, 19 minutes, 49 seconds West, along the West line of said Lot 4, a distance of 739.42 feet to a
Thence North 89 degrees, 51 minutes, 13 seconds East, a distance of 75.00 feet to the True Point of Beginning;
Thence continuing North 89 degrees, 51 minutes, 13 seconds East, a distance of 1127.40 feet to a point;
Thence South 00 degrees, 10 minutes, 49 seconds East, along the East line of said Lot 4, a distance of 655.11 feet to a
chiseled "X" in concrete, 0.03 feet North of a brass cap stamped "LS 13189", being a point on the North right of way of
Tangerine Road as described in Docket 7539 at page 1324, at a point on a curve from which the radius bears North 02
degrees, 40 minutes, 14 seconds East;
Thence Westerly along said right of way, along a curve to the right, which has a radius of 7564.44 feet and a central angle
of 06 degrees, 56 minutes, 04 seconds, an arc length of 915.51 feet to a point, being an aluminum capped pin stamped
"LS 15343";
Thence North 80 degrees, 24 minutes, 49 seconds West, on a non-tangent line, along said right of way, a distance of
245.21 feet to a point on the East right of way of Camino de Oeste, 50.00 feet East of the West line of said Lot 4, being an
aluminum capped pin stamped "LS 15343";
Marana Regular Council Meeting 10/17/2017 Page 181 of 382
Thence North 00 degrees, 19 minutes, 49 seconds West, parallel to and 50.00 feet East of the West line of said Lot 4, a
distance of 95.18 feet to a point, being an aluminum capped pin stamped "LS 15343";
Thence North 89 degrees, 40 minutes, 11 seconds East, a distance of 25.00 feet to a point 75.00 feet East of said West
line, being an aluminum capped pin stamped "LS 15343";
Thence North 00 degrees, 19 minutes, 49 seconds West, parallel to and 75.00 feet East of said West line, a distance of
418.25 feet to the True Point of Beginning.
EXCEPT that portion conveyed to the Town of Marana, an Arizona municipal corporation at Sequence No. 20160820556.
Marana Regular Council Meeting 10/17/2017 Page 182 of 382
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EXHIBIT OF PARCELS LOT 4, SECTION 31, T 11 S, R 13 E, G&SRM, PIMA COUNTY, MARANA, ARIZONA Marana Regular Council Meeting 10/17/2017 Page 183 of 382
Marana Regular Council Meeting 10/17/2017 Page 184 of 382
Cover
Marana Regular Council Meeting 10/17/2017 Page 185 of 382
Dove Mountain Specific Plan
Amendment 7- Addition of the Tangerine and
Camino de Oeste Property
Marana, Arizona
Submitted to:
Town of Marana
Planning Department
11555 West Civic Center Drive
Marana, Arizona 85653
Prepared for:
Cottonwood Properties
3567 E Sunrise Drive, Suite 219
Tucson, AZ 85718
Telephone: (520) 299-8424
Email: bhallinan@cottonwoodproperties.com
Prepared by:
The Planning Center
2 E Congress Street, Suite 600
Tucson, Arizona 85701
Telephone: (520) 623-6146
Email: lmorales@azplanningcenter.com
and
Arroyo Engineering
2118 E 10th Street
Tucson, Arizona 85719
Telephone: (520) 882-0206
Email: lroberts@arroyoengineering.com
PCZ-1708-001
September 2017
Marana Regular Council Meeting 10/17/2017 Page 186 of 382
Dove Mountain Specific Plan Amendment #7
The Dove Mountain Specific Plan establishes comprehensive guidance and regulations for the
development of approximately 6,179.20 acres (6,207.42 acres including the proposed
amendment area) located within the Town of Marana, Pima County, Arizona. This proposed
amendment to the Plan provides for the annexation of 28.22 acres of currently vacant land into
the Dove Mountain Specific Plan with the land use designation of Mixed Use Commercial. The
subject amendment area is located at the northeast corner of Tangerine Road and Camino de
Oeste. Key provisions of the Specific Plan amendment are as follows:
1. The proposed zoning for this site is “F”, Specific Plan, using the MU (Mixed Use)
designation. Per the Specific Plan, MU allows for a range of commercial including office,
medical, employment, retail and high density residential.
2. The previously adopted Specific Plan limits the number of homes within the Specific
Plan to no more than 9,152 homes. The maximum number of homes will not be
increased with this amendment.
3. Annexation into the Dove Mountain Specific Plan assures that the additional area, will
be developed in accordance with the existing design guidelines, character and quality
of other development within the Dove Mountain Specific Plan.
4. Access to the amendment area will be provided from the existing public roads adjacent
to the annexation area. Locations for access to the Property are shown in the
Development Capability Report (Exhibit II.I.2) and shall be reviewed for compliance with
Town of Marana engineering standards when development occurs.
5. Upon approval, the Land Use Map, table, and attached pages within the previously
approved Specific Plan will be modified as attached to include the additional area with
a land use designation of Mixed Use Commercial, the attached Development Capability
Report will be incorporated into the Specific Plan as Appendix Y, and the legal
description of the Amendment Area will be appended to the legal description in
Appendix A of the Specific Plan.
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Table of Contents i
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Table of Contents ii
A. Purpose and Intent ....................................................................................................................................... 5
B. Existing Land Uses ....................................................................................................................................... 8
1. Site Location .................................................................................................................................... 8
2. Existing On-Site Land Use and Zoning ......................................................................................... 10
3. Existing Conditions on Properties within a One-Quarter Mile Radius .......................................... 12
4. Well Sites within 100 Feet of the Property .................................................................................... 18
C. Topography ................................................................................................................................................ 19
1. Description ..................................................................................................................................... 19
2. Pre-Development Cross-Slope ...................................................................................................... 20
D. Pre-Development Hydrology and Water Resources ................................................................................. 22
1. Off-Site Watersheds ...................................................................................................................... 22
2. Significant Off-Site Features .......................................................................................................... 22
3. Pre-Development On-Site Hydrology ............................................................................................ 23
4. Drainage Conditions Along Downstream Boundary ..................................................................... 24
E. Vegetation................................................................................................................................................... 24
1. Vegetative Communities and Associations On-Site ..................................................................... 24
2. Significant Cacti and Groups of Trees & Federally Listed Threatened or Endangered Species . 25
3. Vegetative Densities by Percentage of Plant Cover ..................................................................... 26
F. Wildlife ........................................................................................................................................................ 29
1. Letter from Habitat Specialist ........................................................................................................ 29
2. AZGFD Wildlife Concerns ............................................................................................................. 30
3. Wildlife Crossings .......................................................................................................................... 30
G. Soils and Geology ...................................................................................................................................... 43
H. Viewsheds .................................................................................................................................................. 45
1. Viewshed Description .................................................................................................................... 45
I. Traffic and Circulation................................................................................................................................. 51
1. Description ..................................................................................................................................... 51
2. Existing and Proposed Intersections ............................................................................................. 53
3. Existing Bicycle and Pedestrian Ways Adjacent to the Site and their Connections with Arterial
Streets, Parks and Schools.................................................................................................................... 53
4. Existing Easements ....................................................................................................................... 53
J. Recreation and Trails ................................................................................................................................. 56
1. Open Space, Recreation Facilities, Parks and Trails .................................................................... 56
2. Proposed Recreation and Trails .................................................................................................... 56
K. Cultural Resources ..................................................................................................................................... 58
1. General Information ....................................................................................................................... 58
2. Letter from Archaeologist............................................................................................................... 58
L. Infrastructure and Public Facilities ............................................................................................................. 60
1. Sewer ............................................................................................................................................. 60
2. Water .............................................................................................................................................. 60
3. Fire Service .................................................................................................................................... 63
4. Schools .......................................................................................................................................... 63
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Table of Contents iii
5. Police Stations ............................................................................................................................... 63
6. Utility Providers .............................................................................................................................. 63
M. Composite Constraints (McHarg) Map ...................................................................................................... 65
List of Exhibits
Exhibit II.A.1.a: Regional Context ........................................................................................................................ 6
Exhibit II.A.1.b: Amendment 7 Context ................................................................................................................ 7
Exhibit II.B.1: Site Location .................................................................................................................................. 9
Exhibit II.B.2: Existing On-Site Land Uses ......................................................................................................... 11
Exhibit II.B.3.a: Surrounding Zoning Designations ............................................................................................ 13
Exhibit II.B.3.b: Surrounding General Plan Land Use Designations ................................................................. 15
Exhibit II.B.3.c: Surrounding Off-Site Land Uses ............................................................................................... 17
Exhibit II.C.1: Topography and Slopes .............................................................................................................. 21
Exhibit II.E.1: Vegetation Communities .............................................................................................................. 27
Exhibit II.E.1: Site Resource Inventory .............................................................................................................. 28
Exhibit II.F.1: AZGFD On-line Environmental Review ....................................................................................... 31
Exhibit II.F.3: Wildlife Crossings ......................................................................................................................... 42
Exhibit II.G: Soils ................................................................................................................................................ 44
Exhibit II.H.1.a.1: Photo Key Map ...................................................................................................................... 46
Exhibit II.H.1.a.2: Site Photos ............................................................................................................................. 47
Exhibit II.H.1.a.2: Site Photos (continued) ......................................................................................................... 48
Exhibit II.H.1.a.2: Site Photos (continued) ......................................................................................................... 49
Exhibit II.H.1.c: Site Visibility .............................................................................................................................. 50
Exhibit II.I.1: Traffic and Circulation.................................................................................................................... 54
Exhibit II.I.2: Proposed Access Points ............................................................................................................... 55
Exhibit II.J.1: Parks and Trails ............................................................................................................................ 57
Exhibit II.K.2: Letter from Archaeologist ............................................................................................................. 59
Exhibit II.L.1.a: Sewer Map ................................................................................................................................ 61
Exhibit II.L.1.b: Wastewater Capacity Response ............................................................................................... 62
Exhibit II.L.2.: Public Facilities ............................................................................................................................ 64
Exhibit II.M: McHarg Map ................................................................................................................................... 66
List of Tables
Table II.D.1: Existing Off-Site Hydrology ............................................................................................................ 22
Table II.D.2: Significant Off-Site Features .......................................................................................................... 22
Table II.D.3.d: Existing On-Site Hydrology......................................................................................................... 24
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Table of Contents iv
Table II.E.1: Plant Species Found On-Site ........................................................................................................ 24
Table II.E.2.a: USFWS List of Plant Species for Pima County .......................................................................... 25
Table II.I.1.b.1.: Roadway Inventory .................................................................................................................. 52
Table II.I.1.b.2.: Average Daily Trips .................................................................................................................. 53
Table II.J.1: Parks and Trails Inventory .............................................................................................................. 56
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Appendix Y - Development Capability Report II-5
A. Purpose and Intent
The Dove Mountain Specific Plan Amendment 7 – The area to be added to the Dove Mountain
Specific Plan is the property located at the northeast corner of Camino de Oeste and Tangerine
Road (identified by APNs 219-35-004C and 219-35-004B), immediately east of the existing
Specific Plan boundary. The subject property to be annexed into the Dove Mountain Specific
Plan is approximately 28.22 acres and is located in Marana, Arizona within the Tortolita
Mountain region. The property lies within Township 11 South, Range 13 East, Section 31 (See
Exhibit II.A.1.a: Regional Context Map and Exhibit II.A.1.b: Amendment 7 Context).
The primary purpose of the Development Capability Report is to identify and inventory the
various existing physical elements on the property. The synthesis of the existing characteristics
can then provide a means whereby development occurs in a sensitive and responsive manner
to the physical parameters of the site.
The following physical components were compiled to assess the suitability of the property for
development:
• Existing Land Uses
• Topography and Slope Analysis
• Hydrology
• Vegetation and Wildlife
• Soils and Geology
• Viewsheds
• Traffic and Circulation
• Recreation and Trails
• Cultural, Archaeological and Historic Resources
• Existing Infrastructure and Public Facilities
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Appendix Y - Development Capability Report II-6
Exhibit II.A.1.a: Regional Context
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Appendix Y - Development Capability Report II-7
Exhibit II.A.1.b: Amendment 7 Context
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Appendix Y - Development Capability Report II-8
B. Existing Land Uses
This section of the Development Capability Report identifies existing zoning, land use and
structures on-site and on surrounding properties, as well as other proposed development in the
project vicinity.
1. Site Location
The project is situated within the southwestern portion of Township 11 South, Range 13
East, Section 31. The property is located at the northeast corner of Tangerine Road and
Camino de Oeste and can be accessed from both roads. The site is bounded by
Tangerine Road on the south and Camino de Oeste on the west. The subject property is
bordered to the north and east by vacant, unsubdivided parcels (see Exhibit II.B.1: Site
Location).
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Appendix Y - Development Capability Report II-9
Exhibit II.B.1: Site Location
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Appendix Y - Development Capability Report II-10
2. Existing On-Site Land Use and Zoning
Both parcels that comprise the subject property are vacant, with no previous disturbances
(see Exhibit II.B.2: Existing On-Site Land Uses).
Prior to annexation into the Town of Marana, the property was zoned RH (Rural
Homestead, 0.24 residences per acre) in Pima County. The property is currently zoned
as Zone R-144 Single-Family Residential in the Marana Land Development Code.
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Appendix Y - Development Capability Report II-11
Exhibit II.B.2: Existing On-Site Land Uses
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Appendix Y - Development Capability Report II-12
3. Existing Conditions on Properties within a One-Quarter Mile Radius
a. Zoning
The zoning designations of surrounding properties, as depicted in Exhibit II.B.3.a:
Surrounding Zoning Designations are as follows:
North: Town of Marana R-144 (Single-Family Residential)
South: Town of Marana F (Sky Ranch Specific Plan and Casa Sevilla
Specific Plan), R-144 and R-36 (Single-Family Residential)
East: Town of Marana R-144 (Single Family Residential) and F
(Tortolita Vistas and Tangerine-Thornydale Specific Plans)
West: Town of Marana F (Dove Mountain Specific Plan) and R-36
(Single-Family Residential)
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Appendix Y - Development Capability Report II-13
Exhibit II.B.3.a: Surrounding Zoning Designations
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Appendix Y - Development Capability Report II-14
b. General Plan Land Use Designations
The 2010 Town of Marana General Plan indicates the site is designated as Rural
Density Residential (RDR). The surrounding general plan designations within one-
quarter mile of the site, as depicted in Exhibit II.B.3.b: Surrounding General Plan Land
Use Designations are as follows:
North: Rural Density Residential (RDR)
South: Master Plan Area and Commercial
East: Rural Density Residential (RDR) and Master Plan Area
West: Master Plan Area
This property is designated as Rural Density Residential (RDR) in the Town of
Marana’s 2010 General Plan. A minor plan amendment is being processed
concurrently to modify the land use designation on the property from Rural Density
Residential (RDR) to Master Plan Area (MPA).
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Appendix Y - Development Capability Report II-15
Exhibit II.B.3.b: Surrounding General Plan Land Use Designations
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Appendix Y - Development Capability Report II-16
c. Surrounding Off-Site Land Uses
The land use of surrounding properties within one-quarter mile, as depicted in Exhibit
II.B.3.c: Surrounding Off-Site Land Uses are as follows:
North: Vacant and Unsubdivided Single-Family Residential
South: Casa Sevilla Single-Family Residential Subdivision, Future
Tangerine Sky Park, and Sky Ranch Single-Family
Residential Subdivision
East: Low density residential, vacant
West: Encantada Apartments at Dove Mountain
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Appendix Y - Development Capability Report II-17
Exhibit II.B.3.c: Surrounding Off-Site Land Uses
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Appendix Y - Development Capability Report II-18
d. Number of Stories of Existing Structures
The subject property is currently vacant with no previous disturbances. There are one-
story single-family residential homes located northeast and northwest of the site. The
Encantada Apartments at Dove Mountain, immediately west of the subject property,
are two-stories. All other homes and/or structures within a quarter-mile of the site are a
mix of one- and two-story homes.
e. Pending Rezonings
There are no pending rezonings of properties within one-quarter mile of the site.
f. Conditional Rezonings
There are no conditionally approved rezonings within one-quarter mile of the site.
g. Subdivision/ Development Plans Approved
There is one approved development plan, the Encantada Apartments at Dove
Mountain (DPR-12001) within a quarter-mile radius of the project site.
Approved subdivisions within a quarter-mile of the site are as follows:
• PRV-04048F – The Preserve IV at Dove Mountain
• PRV-1505-002 – Tangerine Ridge, Lots 1-97
• PRV-13022F – Casa Sevilla, Lots 1-48
• PRV-02095 – Sky Ranch, Lots 1-365
• PRV-05106F – Tortolita Vistas
h. Architectural Styles of Adjacent Development
Existing homes is the area are rural custom-home type single-family residences with
southwest and ranch architectural styles.
4. Well Sites within 100 Feet of the Property
According to Pima County Geographic Information Systems (GIS) and the Arizona
Department of Water Resources (ADWR), there are no wells found on or within 100 feet
of the property (See Exhibit II.B.3.b: Surrounding Land Uses).
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Appendix Y - Development Capability Report II-19
C. Topography
1. Description
The elevations on the property range from approximately 2,634 feet in the southwestern
corner of the property to approximately 2,668 in the northeastern corner of the property.
One un-named wash traverses the site and is listed by Pima County GIS as having a
peak flow of less than 500 cubic feet per second (cfs). Existing topography at 2-foot
intervals is shown on Exhibit II.C.1: Topography and Slope.
a. Hillside Conservation Areas
There are no restricted peaks or ridges on the site.
b. Rock Outcrops
There are no rock outcrops located on the site.
c. Slopes of 15% or Greater
As depicted on Exhibit II.C.1: Topography and Slope, the site is relatively flat.
There are no significant areas of the site that contain slopes of 15% or greater;
therefore, additional mitigation measures are not required.
d. Other Significant Topographic Features
There are no other significant topographic features found on the subject property.
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Appendix Y - Development Capability Report II-20
2. Pre-Development Cross-Slope
The Average Cross-Slope (ACS) of the property is approximately 5.04%
The pre-development cross-slope calculations and values are as follows:
Average Cross-Slope (ACS) = (I x L x 0.0023) / A
Where:
I = Contour Interval (2’)
L = Total Length of Contours (30891’)
0.0023 = Conversion of “Square feet” into “acres x 100”
A = Total Site Area in Acres (28.22 acres)
ACS = (2’) x (30,891’) x (0.0023) / 28.22 acres
ACS = ~ 5.04
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Appendix Y - Development Capability Report II-21
Exhibit II.C.1: Topography and Slopes
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Appendix Y - Development Capability Report II-22
D. Pre-Development Hydrology and Water Resources
1. Off-Site Watersheds
Off-site stormwater runoff originates from upstream watersheds located north and east
of the project site. Concentration points and 100-year flow values have been identified
on the Watershed Map, and are summarized in Table II.D.1. Regulatory flows greater
than 50 cfs exist at CP-1 and CP-4. The watersheds are located within a “balanced
basin.”
Table II.D.1: Existing Off-Site Hydrology
Concentration Point
CP-1 Area (acres) Q100 (cfs)
CP-2 152.1 557
CP-3 2.0 15
CP-4 4.1 31
CP-5 135.2 431
CP-6 1.3 10
2. Significant Off-Site Features
The off-site regulatory watercourses extend northerly for over a mile and extend north of
Moore Road. The upstream watersheds are mostly undeveloped, with scattered existing
low-density residential properties.
Along the south property line, Tangerine Road is currently being reconstructed from a 2-
lane to a 4-lane roadway. New drainage structures have been completed that collect the
runoff from the project site and convey the runoff under Tangerine Road and Camino de
Oeste. Since as-built plans are not yet available, structure locations were identified using
the construction plans and verified by Town of Marana staff. These structures are shown
on the attached Floodplain Map, and are summarized in Table II.D.2.
Table II.D.2: Significant Off-Site Features
Location Structure Outfall
CP-7 2-cell 10’x5’ concrete
box culvert
existing channel located south
of Tangerine Rd
CP-6 to CP-7 roadside collector
channel
new culvert at CP-7
240 feet west of new
culvert at CP-7
training berm new culvert at CP-7
CP-9 2 36” concrete pipes new channel located west of
Camino de Oeste and north of
Tangerine Road
training berm to CP-9 roadside collector
channel
new culvert at CP-9
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Appendix Y - Development Capability Report II-23
3. Pre-Development On-Site Hydrology
a. Regulatory Floodplains
Detailed hydraulic models and floodplain maps were prepared, using RiverCAD
and HEC-RAS software, for regulatory watercourses (50 cfs or greater) at CP-
1, CP-8 to CP-9, and CP-4 to CP-7. Concentration points and 100-year
floodplains are shown on the Floodplain Map.
The regulatory watercourses are considered riverine with the 100-year
floodplains contained within existing topographic boundaries. The low-flow
sand-bed channels are narrow and are generally 10 to 15 feet in width. The
overbank portions of the floodplain are densely vegetated with desert brush
vegetation.
b. Sheet Flooding
On-site flow paths are well defined with runoff contained within existing
topographic boundaries. Sheet flooding is not expected based on a qualitative
geomorphic assessment, a review of the existing topography and aerial
photographs, and the results of the hydraulic modeling.
c. FEMA Floodplains
The project site is shown on Flood Insurance Rate Maps 04019C1065L and
04019C1070L (FEMA, June 16, 2011). The entire property is located in Zone
X, which are “areas determined to be outside of the 0.2% (500-year) floodplain.”
d. Regulatory Watercourses
On-site stormwater runoff flows in a southerly direction across the project site
towards Tangerine Road. On-site runoff combines with offsite flows from
CP-2, CP-3, CP-4, CP-5, and CP-6 to form an on-site regulatory watercourse
which concentrates at CP-7. Other on-site flows reach the 50-cfs threshold
for a regulatory watercourse at CP-8, with additional downstream
contributing flows increasing the 100-year discharge at CP-9.
The watercourse at CP-1 is not considered an on-site watercourse, although
the corresponding regulatory floodplain impacts the northwest corner of the
property.
Concentration points for on-site regulatory watercourses are shown on the
Watershed Map, and are summarized in Table II.D.3.d. CP-7 and CP-9 are
located along the southern (downstream) property line.
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Appendix Y - Development Capability Report II-24
Table II.D.3.d: Existing On-Site Hydrology
4. Drainage Conditions Along Downstream Boundary
At the downstream (south) property line, stormwater runoff from the site is discharged
to new drainage structures along Tangerine Road. These new structures collect the
runoff from the project site and convey the runoff under Tangerine Road and Camino
de Oeste.
E. Vegetation
1. Vegetative Communities and Associations On-Site
The site is in the Town of Marana, Pima County, Arizona and contains native
vegetation that is typically found in the Sonoran Desert. The site drains from the
northeast to the southwest and there is one unnamed wash that crosses it. The
property occurs within the Arizona Upland subdivision of the Sonoran Desert scrub
biotic community (Brown and Lowe 1980). Existing vegetation has been categorized
into two communities, Palo Verde-Mixed Cacti and Sonoran Riparian Scrub. Palo
Verde-Mixed Cacti is the predominant plant community found on site and is generally
comprised of a variety of cacti, annual and perennial shrubs and grasses, as well as
various tree species. The Sonoran Riparian Scrub Community is only found along the
wash and a small area of the northwest property corner. This community is typically
more densely vegetated and lacks large numbers of cacti species. For this property,
however, a site visit revealed large stands of Opuntia species where you would
typically find Acacia and other leafed species (See Exhibit III.E.1: Vegetation
Communities and Table II.E.1: Plant Species Found On-Site).
Table II.E.1: Plant Species Found On-Site
Concentration Point Area (acres) Q100 (cfs)
CP-7 171.8 536
CP-8 7.0 53
CP-9 10.0 66
Scientific Name Common Name
Ambrosia deltoidea Triangle-leaf bursage
Carnegiea gigantea Saguaro cactus
Celtis palida Hackberry Bush
Echinocereus sp. Hedgehog cactus
Ferocactus wislizenii Barrel cactus
Fouquieria splendens Ocotillo
Larrea tridentata Creosotebush
Opuntia engelmannii Prickly pear cactus
Opuntia fulgida Chain fruit cholla
Opuntia versicolor Staghorn cholla
Parkinsonia microphylla Foothills palo verde
Prosopis velutina Velvet mesquite
Senegalia greggii Catclaw acacia
Vachellia constricta White thorn acacia
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Appendix Y - Development Capability Report II-25
2. Significant Cacti and Groups of Trees & Federally Listed Threatened or
Endangered Species
The Saguaro population that is found on site is primarily comprised of specimens
between ten and fifteen feet tall. There are very few specimens under two feet in height
and no Saguaro nurseries were discovered. The lack of smaller species suggests the
existing population is older and the site is currently not conducive to regenerating the
Saguaro population. The Significant Resource Inventory (SRI), conducted in June of
2017, resulted in several specimens meeting the criteria for significance being
catalogued. There was also one crested Saguaro inventoried and has been identified as
#105 on the SRI (Refer to Exhibit II.E.2: Site Resource Inventory). No large stands of
trees that meet the criteria for significant vegetation were observed on-site.
The U.S. Fish and Wildlife Service (USFWS) identify six plant species in Pima County
that have protection under the Endangered Species Act (ESA) (refer to Table II.E.2.a:
USFWS List of Plant Species for Pima County). None of these species are expected to
occur on the property.
Table II.E.2.a: USFWS List of Plant Species for Pima County
Common Name Scientific Name ESA Status
Acuña cactus Echinomastus erectocentrus
var. acunensis)
Proposed Endangered
Gooding’s onion Allium gooddingii) Conservation Agreement
Huachuca water umbel Lilaeopsis schaffneriana
ssp. recurva)
Endangered
Kearney’s blue star Amsonia kearneyana) Endangered
Pima pineapple cactus Coryphantha scheeri var.
robustispina)
Endangered
Nichol Turk’s head cactus Echinocactus
horizonthalonius var.
nicholii)
Endangered
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3. Vegetative Densities by Percentage of Plant Cover
The Pima County GIS (2015) categorizes the upland, Palo Verde – Mixed Cactus
vegetation on the property as medium density, and the Sonoran Riparian Scrub
vegetation along the washes as high density. According to 2016 Pima County GIS data,
the Palo Verde – Mixed Cacti accounts for 25.7 acres and the Sonoran Riparian Scrub
accounts for 2.7 acres.
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Appendix Y - Development Capability Report II-27
Exhibit II.E.1: Vegetation Communities
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Appendix Y - Development Capability Report II-28
Exhibit II.E.1: Site Resource Inventory
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Appendix Y - Development Capability Report II-29
F. Wildlife
1. Letter from Habitat Specialist
In support of this analysis, the Arizona Game and Fish Department’s (AZGFD)
Heritage Data Management System (HDMS) was accessed via their On-line
Environmental Review Tool, to locate records of occurrence within three miles of the
property for species. The entire HDMS review has been included as Exhibit II.F.1:
AZGFD On-line Environmental Review .
a. Presence of any Threatened or Endangered Species
The Golden Eagle (Aquila crysaetos) occurs within three miles of the project location
and falls under the federal protection of the Bald and Golden Eagle Protection Act
(16 U.S.C. 668(a); 50 CFR 22), which prohibits the taking of any Golden Eagle
without a permit. The eagle also carries a sensitive (S) designation from the Bureau
of Land Management (BLM).
The property is within three miles of an area designated as a 10(j) recovery area for
the Sonoran Pronghorn (Antilocapra americana sonoriensis) and the Mexican Gray
Wolf (Canis lupus baileyi). A population of a listed species reestablished outside its
current range but within its probable historic range may be designated as
“experimental” by the Secretary of the Interior. The recovery area is the geographic
boundary established, and may be larger than the actual occupied area.
The Cactus Ferruginous Pygmy-owl (Glaucidium brasilianum cactorum) was
identified by the HDMS as occurring within three miles of the project site. USFWS
has indicated the owl is no longer in the area of the site. The owl carries a SC
(species of concern) designation by the US Fish and Wildlife Service, and listed as
a sensitive species (S) by the USFS and the BLM.
The Sonoran Desert Tortoise (Gopherus morafkai) is a candidate for ESA
protection. The HDMS search found that the tortoise occurs within three miles of the
property. The tortoise carries a sensitive (S) designation by the United States
Forestry Service (USFS). The species also is listed by the State as WSC (wildlife of
special concern.)
The Gila Monster (Heloderma Suspectum) occurs within three miles of the project
location.
The Lesser Long-nosed Bat has been documented within three miles of the
subject property, and has been listed as endangered (LE) by the FWS.
The Tumamoc Globeberry (Tumamoca macdougalii) is listed as a sensitive (S)
species by the USFS and the BLM, Salvage Restricted (SR) by the Arizona
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Department of Agriculture Protected Plants and has been documented within three
miles of the project site.
b. High Densities of Given Species Populations
As indicated by the HDMS review, there are no high densities of a given species
population located within the premise of the proposed site.
c. Aquatic or Riparian Ecosystems
There is a Pima County Important Riparian Area (IRA) Class ‘C’ located along the
main wash that traverses the site.
d. Wildlife Corridor
The property has been identified by the HDMS as being within three miles of the
Tucson – Tortolita – Santa Catalina Mountains Linkage Design wildlife corridor.
2. AZGFD Wildlife Concerns
No concerns have been brought forth by the Arizona Game and Fish Department as
a result of the proposed development. The proposed development will consider
specific recommendations presented by AGFD in regards to the design of the project
as a means of maintaining wildlife connectivity and minimizing adverse impacts to
wildlife.
3. Wildlife Crossings
There is a medium wildlife fence along the southern property boundary adjacent to
Tangerine Road. There is a medium wildlife crossing located near the intersection of
Klos Drive and Tangerine Road, which is approximately 650 feet from the
southeastern property boundary (See Exhibit II.F.3: Wildlife Crossings).
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Exhibit II.F.1: AZGFD On-line Environmental Review
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Exhibit II.F.3: Wildlife Crossings
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G. Soils and Geology
The information provided in this section is based on the best data available from the Soil Survey
for Pima County, Arizona, Eastern Part 2016 generalized soil maps based on Soil Survey data
available through Pima County Department of Transportation and the United States
Department of Agriculture Natural Resource Conservation Service (NRCS), 2016. According
to these sources, the site contains Palo Verdes-Jaynes complex, as depicted on Exhibit II.G:
Soils.
According to the NRCS Soil Survey for Pima County, Palos Verdes-Jaynes complex series
consists of a mixture of Palos Verdes and Jaynes soils. Palos Verdes soils consist of very
deep, well-drained, medium runoff potential soils on fan terraces. Palos Verdes soils are formed
in mixed alluvium, and consist of gravely sandy loam. Jaynes soils consist of deep, well drained,
high runoff potential soils on fan terraces. Jaynes soils are formed in alluvium derived from
schist and/or alluvium derived from gneiss.
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Appendix Y - Development Capability Report II-44
Exhibit II.G: Soils
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Appendix Y - Development Capability Report II-45
H. Viewsheds
1. Viewshed Description
a. Views from Adjacent Areas
The views from adjacent areas into the site vary depending on the location and
natural features found on-site and on surrounding properties. The off-site view from
the northeast property corner is elevated due to the natural topography, coupled with
the higher concentration of Creosote and lower concentrations of larger forms of
vegetation. The viewshed into the site at this location is higher than any other off-site
views. The existing multi-family complex located west of the property will be able to
see into the site due to the multi-story architecture. Areas east and south of the site
are at lower elevations and those property lines have higher densities of large
vegetation that screen the site; thus, the views from those vantage points are limited.
b. Potentially Blocked Views
The site’s location on the northeast corner of the intersection of Tangerine Road and
Camino de Oeste is such that it will not block views from adjacent developed
properties.
c. Areas of High Visibility
The areas with the highest visibility have been described in section a. above and
are visually depicted in Exhibit II.H.1.c: Site Visibility.
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Appendix Y - Development Capability Report II-46
Exhibit II.H.1.a.1: Photo Key Map
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Appendix Y - Development Capability Report II-47
Exhibit II.H.1.a.2: Site Photos
Photo 1: Southwest property corner looking
north.
Photo 2: Southwest property corner looking
northeast.
Photo 3: Southwest property corner looking east. Photo 4: Southwest property corner looking west.
Photo 5: Southeast property corner looking
northwest.
Photo 6: Southeast property corner looking
north.
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Dove Mountain Specific Plan
Appendix Y - Development Capability Report II-48
Exhibit II.H.1.a.2: Site Photos (continued)
Photo 7: Northeast property corner looking south. Photo 8: Northeast property corner looking
southwest.
Photo 9: Northeast property corner looking west. Photo 10: Northwest property corner looking
east.
Photo 11: Northwest property corner looking
southeast.
Photo 12: Northwest property corner looking
south.
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Appendix Y - Development Capability Report II-49
Exhibit II.H.1.a.2: Site Photos (continued)
Photo 13: Middle of wash looking Northeast. Photo 14: Middle of wash looking southwest.
Photo 15: Crested Saguaro found on-site (refer to Exhibit II.E.1: Site Resource Inventory for location).
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Exhibit II.H.1.c: Site Visibility
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Appendix Y - Development Capability Report II-51
I. Traffic and Circulation
1. Description
a. Existing and Proposed Off-Site Streets
The property is accessible from Tangerine Road and Camino de Oeste. No off-site
roads are proposed within the scope of this project. Existing roadways within the
project area are shown on Exhibit II.I.1: Traffic and Circulation.
b. Arterial Streets within One Mile of the Project Site
According to Pima County MapGuide, Tangerine Road and Camino de Oeste are
categorized as major local roads. They are not categorized on the Pima County Major
Streets and Scenic Routes Plan (MSSRP) re-adopted on August 15, 2015. Other
major roads within one-mile of the project site according to MapGuide are Thornydale
Road and Camino de Manana. Refer to Table III.I.1.b.1: Roadway Inventory and Table
III.I.1.b.2: Average Daily Trips for information pertaining to each of the above-
mentioned major roads that are in the project’s vicinity.
According to the Pima County Department of Transportation, there are no current or
future projects planned in the vicinity of the project site. However, the adopted 2040
Pima Association of Governments Regional Transportation Plan (PAG RTP) lists two
road improvement projects within the vicinity of the subject property. Tangerine Road
is planned for a roadway widening project to expand the travel lanes from two lanes
to a four-lane divided roadway from Interstate 10 to La Canada Drive, and Camino De
Manana is planned for expansion from two to four lanes from Interstate 10 to
Tangerine Road, according to the PAG RTP.
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Dove Mountain Specific Plan
Appendix Y - Development Capability Report II-52
Table II.I.1.b.1.: Roadway Inventory
Source: *Pima County Mapguide (2015), **Pima County Major Streets and Scenic Routes Plan (2015), ***Florida Department of Transportation (2007), ****Google Earth
(2015)
Roadway
Segment
Road
Classification
Existing /
Proposed
Rights-of-
Way*
No.
Lanes****
Conforms
To Width
Standards**
Continuous
ROW*
Curb/
Gutter****
Capacity*** Paving****
Posted
Speed
Limit****
Tangerine
Road
Major Local
Road
100-230
feet 2-4 Yes No No 15,600 Yes 50
Thornydale
Road
Major Local
Road 150 feet 2 Yes No No 15,600 Yes 45
Camino De
Oeste
Major Local
Road 75 feet 2 Yes Yes No 15,600 Partial 25
Camino De
Manana
Major Local
Road 60 feet 2 Yes Yes Yes 15,600 Yes 35
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Table II.I.1.b.2.: Average Daily Trips
Source: Pima Association of Governments Traffic Count Records, 2015
2. Existing and Proposed Intersections
There are two intersections of major local roads within one-mile of the project site:
Tangerine Road and Camino de Oeste and Tangerine Road and Thornydale. The site
will be accessed at two locations along Tangerine Road and three locations along
Camino de Oeste as depicted in Exhibit II.I.2: Proposed Access Points. There are no new
intersections proposed in this rezoning document.
3. Existing Bicycle and Pedestrian Ways Adjacent to the Site and their
Connections with Arterial Streets, Parks and Schools
According to Pima County GIS, there are bike routes located on Tangerine Road,
Thornydale Road and Camino de Manana (See Exhibit II.I.1: Traffic and Circulation). A
paved multi-use path is also being constructed along the north side of the Tangerine
Road right-of-way as part of the roadway widening.
4. Existing Easements
There are two easements present on site:
• A fifteen (15) foot communications easement recorded as MST&T DKT. 5492,
PG. 521. The southern edge of the easement is located approximately f ifty-
five (55) feet north of the southwest property corner. The easement travels in
an east-west direction and crosses the entirety of the property.
• Easement recorded at Sequence No 20160820557, located in the
southwestern corner of the site for drainage.
Twin Peaks Road (Camino De Manana to Tangerine
Road)
10,141 (2014)
Tangerine Road (WB I-10 Frontage Road to
Thornydale Road)
6,481 (2016)
Thornydale (Moore Road to Tangerine Road) 4,610 (2012)
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Appendix Y - Development Capability Report II-54
Exhibit II.I.1: Traffic and Circulation
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Exhibit II.I.2: Proposed Access Points
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J. Recreation and Trails
1. Open Space, Recreation Facilities, Parks and Trails
According to the Pima Regional Trail System (PRTS) Master Plan and the Town of
Marana’s Comprehensive Parks, Trails, and Open Space Master Plan, and as indicated
on Exhibit II.J.1: Parks and Trails and Table II.J.1: Parks and Trails Inventory, there are
several open space and recreational amenities within one-mile of the project area.
Table II.J.1: Parks and Trails Inventory
Amenity Name Amenity Type Distance to Project
Site
Moore Rd Alignment (#171) Singletrack Trail ± 1 mile
Tangerine Sky Park Community Park ± 1 mile
Tangerine Greenway (#GO50) Greenway Along northern project
boundary
Dove Mountain Neighborhood
Park
Neighborhood Park ± 1 mile
El Camino de Manana Wash
(#158)
Singletrack Trail ± 0.5 miles
Thornydale Road (#174) Singletrack Trail ± 1 mile
Tortolita Road (#176) Singletrack Trail Along western project
boundary
Prospect Wash (#163) Singletrack Trail ± 1 mile
Tortolita Preserve Preserve ± 1.5 miles
Additionally, the Tortolita State Land Reform Addition is located west of the subject
property. The Tortolita State Land Reform Addition is proposed to set aside 12,470 acres
of open space and park land between the Tortolita Mountains and the Central Arizona
Project. There are a variety of active recreational areas in nearby future subdivisions,
including The Preserve at Twin Peaks, Twin Peaks Estates and Twin Peaks Vistas.
2. Proposed Recreation and Trails
A trail easement will be provided following the alignment of the onsite wash as a link to
the surrounding recreational amenities, ultimately strengthening connectivity to the
regional trail network. A pedestrian crossing connecting to the Preserve IV at Dove
Mountain will be provided along Camino de Oeste. A sidewalk will also be constructed
along the west boundary of Camino de Oeste to provide safe pedestrian access to
Tangerine Sky Park on the southeast corner of Tangerine and Camino de Oeste.
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Exhibit II.J.1: Parks and Trails
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K. Cultural Resources
1. General Information
According to a record search performed by the Arizona State Museum (ASM), 33 survey
projects have been conducted within a one-mile radius of the project site; each of which
were conducted for residential and commercial development, road construction and
improvements, archaeological research, park construction and the installation of
transmission, electrical, water and sewer lines. The entire project area was surveyed
during the Northern Tucson Basin archaeological research survey in 1981. Due to the
age of the previous survey, the property shall be resurveyed and a full cultural resources
report shall be submitted during the platting process and prior to any ground
disturbances.
As shown in Exhibit II.K.2: Letter from Archaeologist, twelve archaeological sites have
been identified within a one-mile radius the project area. However, no sites were identified
on the subject area.
2. Letter from Archaeologist
The ASM advises that a qualified archaeological contractor should be consulted before
any ground disturbance begins (refer to Exhibit II.K.2: Letter from Archaeologist).
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Exhibit II.K.2: Letter from Archaeologist
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L. Infrastructure and Public Facilities
1. Sewer
Pima County Regional Wastewater Reclamation Department (RWRD) indicates that this
project is tributary to the Ina Road/Tres Rios Wastewater Reclamation Facility via the
Cañada Del Oro interceptor. There is capacity currently available for this project within
the public sewer (G-2006-087) downstream from manhole 3281-05 (See Exhibit II.L.1.a:
Sewer Map and Exhibit II.L.1.b: Wastewater Capacity Response).
2. Water
The City of Tucson has potable water lines (24” and 16”) in the vicinity of the eastern
property edge. These lines have the delivery capability to supply the potable water
demand requirements of the project. Service will require an expansion of the Water
Service Area for Tucson, or connection to offsite facilities owned by the Town of Marana.
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Exhibit II.L.1.a: Sewer Map
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Exhibit II.L.1.b: Wastewater Capacity Response
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3. Fire Service
Northwest Fire District provides service to the properties in the project vicinity; however,
the project site is not currently included within the District’s boundary. Currently, the
closest Northwest Fire District station is located at 12095 North Thornydale Road, which
is less than one-mile east of the subject property (refer to Exhibit II.L.3: Public Facilities).
Before development plans can be approved, the Developer shall have completed or
shall provide evidence to the Town’s satisfaction that the Developer has made a diligent
effort to complete the process of having the property annexed into the Northwest Fire
District.
4. Schools
The project is located within the Marana Unified School District (MUSD). However, no
schools are located within a one-mile radius of the proposed rezoning. The closest
schools to the site include:
• DeGrazia Elementary School (3.60 miles)
• Mountain View High School (3.25 miles)
• Ironwood Elementary School (3.50 miles)
• Ironwood Ridge High School (2.65 miles)
• Richard B. Wilson K-8 School (2.60 miles)
The northern parcel was previously owned by the Marana Unified School District. The
District plans for this area recently changed and they needed a larger site for the
proposed STEM school program requirements. The owners of Dove Mountain
exchanged this parcel for land on Moore Road west of Dove Mountain to provide a better
location for the district and the additional acreage needed.
5. Police Stations
While there are no police stations within a one-mile radius of the subject property, police
protection will be provided by the Marana Police Department at 11555 West Civic Center
Drive.
6. Utility Providers
The subject property is located within the service areas for the following utility providers:
• Electricity: Trico Electric Cooperative
• Natural Gas: Southwest Gas Company
• Communications: Comcast
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Appendix Y - Development Capability Report II-64
Exhibit II.L.2.: Public Facilities
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M. Composite Constraints (McHarg) Map
Information regarding topography, hydrology, vegetation, wildlife and views has been combined
to form the McHarg Composite Map, displayed as Exhibit II.M: McHarg Map. The purpose of
the McHarg Composite Map is to highlight areas that are available for development.
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Exhibit II.M: McHarg Map
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TANGERINE RD
CAMINO DE MANANACAMINO DE OESTEData Disclaimer: The Town of Marana provides this map information"As Is" at the request of the user with the understanding that it is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In noevent shall The Town of Maranabecome liable to users of these data, or any other party, for any loss or direct, indirect, special, incidental, or consequential damages, including but not limited to time, money, or goodwill, arising from the use or modification of the data.
Dove Mountain Specific PlanAmendment & Minor General PlanAmendment
°
Request to amend the Dove Mountain Specific Plan boundary to include28.22 acres with a land use designation of Mixed-Use Commercial (MUC). This case includes a request for a Minor General Plan Amendment fromRDR (Rural Density Development) to Master Plan Area (MPA) to accommodatethe proposed amended specific plan.
PCZ1708-001 & GPA1708-001
Sky RanchSubdivision
The Preserve at Dove Mountain
Tortolita VistasSubdivision
La EncantadaApartments
Tangerine RidgeSubdivision Casa SevillaSubdivision
Subject Property
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Council-Regular Meeting A2
Meeting Date:10/17/2017
To:Mayor and Council
From:Cynthia Ross, Senior Planner
Date:October 17, 2017
Strategic Plan Focus Area:
Not Applicable
Subject:PUBLIC HEARING: Ordinance No. 2017.021: Relating to Development; approving a
rezoning of approximately 79.1 acres of land consisting of 37.79 acres from 'R-36'
Residential to 'R-6' Residential, 22.46 acres from 'C' Large Lot Zone to 'NC'
Neighborhood Commercial, and 18.85 acres from 'C' Large Lot Zone to 'R-6'
Residential, generally located near the southeast corner of Twin Peaks Road and
Tangerine Road (Cynthia Ross)
Discussion:
Rezoning Request
The Planning Center submitted an application, on behalf of a group of nine land owners, to
rezone approximately 79.1 acres of land. Of this 79.1 acres, 37.79 acres is sought to be rezoned
from 'R-36' Residential to 'R-6' Residential, 22.46 acres from 'C' Large Lot Zone to 'NC'
Neighborhood Commercial, and 18.85 acres from 'C' Large Lot Zone to 'R-6' Residential. The
Planning Center has named the proposed development Twin Peaks Crossings, a mixed use
community.
Land Use
The proposed rezoning consists of 22.46 acres of 'NC' Neighborhood Commercial and 56.64
acres of 'R-6' Residential development. Commercial zoning will be concentrated on Tangerine
Road, along with a 3.5 acre parcel on the northwest portion of the development on Twin Peaks
Road. Residential zoning will be located on the south side of the project.
The plan consists of 154 single-family residential units with a density of approximately 1.94
residences per acre. Lot sizes will vary slightly, but the typical lot size will be a minimum of
Marana Regular Council Meeting 10/17/2017 Page 255 of 382
6,000 square feet. Lots will accommodate both one- and two-story homes. Homes on lots 19, 20,
38, 130-132, 136, and 146-150 will be restricted to single-story.
The vast majority of land surrounding the site is either vacant land, master plan area or
low-density residential. Land uses surrounding the area are the Dove Mountain Specific Plan
(commercial, single and multi-family residential) to the north, vacant to the south, Tangerine
Ridge Specific Plan (single-family residential) and vacant to the east, and un-subdivided, vacant
Arizona State Trust land to the west.
Twin Peaks Corridor Study
Twin Peaks Crossings is located within the Twin Peaks Corridor Study area. The proposed
rezoning complies with the guidelines prescribed in the study and includes provisions for
recreational amenities, wildlife linkages, open space and landscaping. Recreation amenities
include a raked-earth trail within a ten-foot trail easement spanning from Tangerine Road to Twin
Peaks Road, an associated reflection area and a one-acre neighborhood park. The 10-foot trail
easement will also be extended along the west boundary to the southwest corner of the property.
Landscape and Buffering
The overall landscape theme for the Twin Peaks Crossings will comply with the Twin Peaks
Corridor Study and reflect the natural attributes of the Sonoran Desert and the site’s surrounding
environment. Native and desert-adapted plant materials as well as regionally appropriate
hardscape materials will be used within the landscape buffers and common areas.
The commercial areas along Twin Peaks and Tangerine roads will have a minimum 20-foot
landscape buffer with up to 50% of the required buffer width to be allowed within the public
right-of-way. The landscape buffer for the commercial along Twin Peaks and Tangerine roads
will also provide a target screening effect of approximately 75% of the commercial uses behind
the buffer, per the Twin Peaks Corridor Study. The perimeter of all parking lots will be screened
from adjacent streets, residences and other adjacent uses in accordance with the Town’s
Commercial Design Standards. In the instance where neighborhood commercial uses develop
adjacent to residential uses, a 25-foot perimeter landscape buffer and screen wall will be
provided. East of the proposed park, a nearly 100-foot wide natural undisturbed open space
(NUOS) buffer is provided.
Open Space
Dedicated open space in this rezone consists of NUOS, active open space, landscape buffers,
revegetated areas, and a sandy-bottom constructed drainage way within a larger wildlife corridor.
Total open space equates to 40.9% of the entire rezoning area. 34% (27.1 acres) is preserved as
NUOS, with 43% (24.5 acres) preserved as NUOS in the residential area, and 11.8% (2.6 acres) in
the neighborhood commercial area. NUOS area and proposed wildlife corridors shall be left
undisturbed and in their natural desert state, except for necessary utility installations and drainage
ways, which shall be revegetated with native species.
Wildlife
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The project features a 150- to 200-foot wide wildlife corridor with access crossings to facilitate
wildlife movement from the western property boundary to the wildlife crossing at Tangerine
Road. By preserving the major wash corridor on-site and other open space areas between the
residential lots, the primary wildlife corridor through the property is also protected. The proposed
primary natural undisturbed open space corridor provides ample visual and acoustical buffering
for wildlife traversing the site. All NUOS areas shall be protected during grading and
construction activities by fencing and flagging.
Marana General Plan
There are two General Plan land use designations on the site: Low Density Residential and
Commercial. The Commercial designation is located adjacent to the Twin Peaks/Tangerine
intersection and the Low Density residential is located south and east. No amendments to the
existing land use designations are required as part of this rezoning.
Access and Circulation
The property is accessible from Twin Peaks Road and Tangerine Road. In order to provide
on-site circulation, the existing internal roadways will be improved in accordance with the Town
of Marana Subdivision and Street Standards. Angel Drive and St. Patrick Road will be improved
within the limits of the project boundary and an access point will be provided and improved in
alignment with Mountain Centre Road to Angel Drive to provide north-south circulation. There
are three project driveways on Twin Peaks Road: at Angel Drive, at the commercial parcel, and
Hollywood Boulevard. There are four project driveways on Tangerine Road: at Dove Centre
Road, Mountain Centre Road, between commercial parcels, and St. Patrick’s Road. All required
access roadway and turning movement improvements shall be developed per the approved Traffic
Impact Analysis, including future signal warrant analysis for Twin Peaks Road/Angel Drive, and
Tangerine Road/Saint Patrick Road.
Infrastructure and Public Utilities
The rezoning area is located within the Town of Marana water service area and the water supply
is assured. The developer will be responsible for the design and construction of all on-site and
off-site water infrastructure required, serving potable water and fire protection to the
development. A water service agreement, as well as plans for the water distribution system will
be required prior to development. Sewer will be provided to future development within the
rezoning area by Pima County. The Pima County Regional Wastewater Reclamation Department
has indicated capacity is currently available for this project. Northwest Fire District provides
service to the properties in the project vicinity; however, the project site is not currently included
within the District’s boundary and therefore must complete annexation prior to development.
Trico Electric Company and Southwest Gas Corporation currently serve the rezoning area and
will provide service to all future development in the rezoning area.
Citizen Participation
The applicants held a neighborhood meeting on June 27, 2017 at the Highlands at Dove Mountain
club house. All property owners within 300 feet of the rezoning area were invited to the meeting.
The meeting was attended by approximately five residents. Predominant concerns were the types
Marana Regular Council Meeting 10/17/2017 Page 257 of 382
of neighborhood commercial use allowed, building height, and the timeline of the approval of the
rezoning. Additionally, the Town has received three inquiries regarding the rezone.
Public Notification
This public hearing was properly noticed in the Daily Territorial newspaper, and all property
owners within 300 feet of the rezoning area were noticed by U.S. Mail of the date, time, and topic
of the public hearing. Additional notice was posted at various locations within the community and
on the Town website.
Recommended Findings of Fact
The property is currently zoned ‘R-36’ Residential and ‘C’ Large Lot Zone. The proposed
change in zoning from ‘R-36’ single-family residential to ‘R-6’ Residential and ‘C’ large lot
zone to ‘NC’ Neighborhood Commercial will not require an amendment to the Marana
General Plan from the existing designation of Low Density Residential and Commercial.
1.
With the acceptance of the recommended conditions, the proposed rezoning is in compliance with all other
development standards of the Land Development Code related to this zoning classification.
2.
The proposed rezoning, with acceptance of the recommended conditions, does not appear to be detrimental to
the immediate area or to the health, safety and welfare of the inhabitants of the area and the Town of Marana.
3.
Case Analysis and Review Criteria
Ability to comply with development regulations, i.e. water, sanitation, access, developable
parcel, etc.: With the acceptance of the recommended conditions, the proposed rezoning
complies with the requirements of all agencies.
1.
Ability to comply with requirements of the zoning regulations, i.e. lot size, frontage,
setbacks, etc.: With the acceptance of the recommended conditions the proposed rezoning
complies with the requirements of ‘R-6’ Residential and ‘NC’ Neighborhood Commercial.
2.
Consistent with the purpose of the regulations and with the intent of the General Plan: The
proposed rezoning is consistent with the purpose and intent of the Land Development Code
and the Town of Marana General Plan Low Density Residential and Commercial land use
designations.
3.
Compatible with the surrounding area, harmonious with the character of the neighborhood,
not detrimental to the immediate area or the development of the area, and not detrimental to
the health, safety, or welfare of the inhabitants of the area and the Town: Based upon the
requirements and conditions, the proposed rezoning does not appear to be detrimental to the
immediate area or to the general health, safety, and welfare of the inhabitants of the area and
the Town of Marana.
4.
Staff Recommendation:
Planning Commission Recommendation
Marana Regular Council Meeting 10/17/2017 Page 258 of 382
Planning Commission Recommendation
The Planning Commission heard the request for the proposed rezoning at a public hearing on
September 27, 2017. The Commission voted 4-0 (Vice Chair Duncan and Commissioners
Ferhrmann and Miller absent) to recommend approval to the Town Council subject to five
additional lots being restricted to single story, lots 146-150.
Staff Recommendation
Staff recommends adoption of Ordinance No. 2017.021, approving the Twin Peak Crossings
Rezoning based on the recommended findings subject to the conditions set forth in the ordinance.
Suggested Motion:
I move to adopt Ordinance No. 2017.021 approving the Twin Peaks Crossings Rezoning subject
to the recommended conditions.
Attachments
Ordinance No. 2017.021
Exhibit A
Exhibit B
PCZ1610-001 Twin Peaks Crossing Rezone
Location Map
Application
Marana Regular Council Meeting 10/17/2017 Page 259 of 382
Marana Ordinance No. 2017.021 - 1 - 10/11/2017 3:11 PM CR FC
MARANA ORDINANCE NO. 2017.021
RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY
79.1 ACRES OF LAND CONSISTING OF 37.79 ACRES FROM ‘R-36’ RESIDENTIAL TO
‘R-6’ RESIDENTIAL, 22.46 ACRES FROM ‘C’ LARGE LOT ZONE TO ‘NC’
NEIGHBORHOOD COMMERCIAL, AND 18.85 ACRES FROM ‘C’ LARGE LOT ZONE TO
‘R-6’ RESIDENTIAL, GENERALLY LOCATED NEAR THE SOUTHEAST CORNER OF
TWIN PEAKS ROAD AND TANGERINE ROAD
WHEREAS The Planning Center represents nine land owners (collectively the “Property
Owners”) who together own approximately 79.1 acres of land generally located near the
southeast corner of Twin Peaks Road and Tangerine Road, in Section 1, Township 12 South,
Range 12 East, described and depicted on Exhibit “A” attache d to and incorporated in this
ordinance by this reference (the “Rezoning Area”); and
WHEREAS the Property Owners have submitted an application to rezone 37.79 acres of
the Rezoning Area from ‘R-36’ Residential to ‘R-6’ Residential, 22.46 acres of the Rezoning
Area from ‘C’ Large Lot Zone to ‘NC’ Neighborhood Commercial, and 18.85 acres of the
Rezoning Area from ‘C’ Large Lot Zone to ‘R-36’ Residential (all of which is collectively
referred to as “this Rezoning”); and
WHEREAS the Marana Planning Commission held a public hearing on this Rezoning on
September 27, 2017, and voted four to zero (with three Commissioners absent) to recommend
that the Town Council approve this Rezoning, subject to the recommended conditions; and
WHEREAS the Marana Town Council held a public hearing on this Rezoning on
October 17, 2017 and determined that this Rezoning should be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1. The zoning of the Rezoning Area is hereby changed as indicated in the
depiction found on the first page of Exhibit A—37.79 acres of the Rezoning Area is hereby
changed from ‘R-36’ Residential to ‘R-6’ Residential, 22.46 acres of the Rezoning Area is
hereby changed from ‘C’ Large Lot Zone to ‘NC’ Neighborhood Commercial, and 18.85 acres of
the Rezoning Area is hereby changed from ‘C’ Large Lot Zone to ‘R-36’ Residential.
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
Code (but which shall not cause a reversion of this Rezoning), and which shall be binding on the
Property Owners, and their successors in interest (all of whom are collectively included in the
term “Property Owners” in the following conditions):
Marana Regular Council Meeting 10/17/2017 Page 260 of 382
Marana Ordinance No. 2017.021 - 2 - 10/11/2017 3:11 PM CR FC
1. Compliance with all applicable provisions of the Town’s codes and ordinances current at the
time of any subsequent development including, but not limited to, requirements for public
improvements and payment of application fees and applicable development impact fees.
2. Any preliminary plat or development plan for any portion of the Rezoning Area shall be in
general conformance with the tentative development plan presented to and approved by the
Town Council as part of this Rezoning.
3. A master drainage study must be submitted by the Property Owners and accepted by the
Town Engineer prior to Town approval of a preliminary plat or development plan for any
portion of the Rezoning Area.
4. A detailed traffic impact analysis must be submitted by the Property Owners and accepted by
Town staff prior to approval of a preliminary plat or development plan for any portion of the
Rezoning Area.
5. A water infrastructure and phasing plan (WIP) must be submitted by the Property Owners
and accepted by the Marana Water Department (the “water provider”) prior to approval of a
preliminary plat for any portion of the Rezoning Area. The WIP shall identify all on-site and
off-site water facilities needed to serve the proposed development. The WIP shall include all
information required by the water provider, such as (but not limited to) analysis of water use
and fire flow requirements, and well source, reservoir, and booster station infrastructure
needed to serve the proposed development. If the water provider requires a water service
agreement as a condition of service to the proposed development, the Property Owners must
enter into a water service agreement with the water provider consistent with the accepted
WIP.
6. A master sewer plan must be submitted by the Property Owners and accepted by the Pima
County Regional Wastewater Reclamation Department (the “wastewater utility”) prior to the
approval of any final plat or development plan for the Rezoning Area. The master sewer plan
shall identify all on-site and off-site wastewater facilities needed to serve the proposed
development, and shall include all information required by the wastewater utility. If the
wastewater utility requires a sewer service agreement as a condition of service to the
proposed development, the Property Owners must enter into a sewer service agreement with
the wastewater utility consistent with the accepted master sewer plan.
7. The Property Owners must design and construct any roadway, drainage, water, and
wastewater improvements, and dedicate or acquire any property rights associated with those
improvements, that the Town requires based on the data and findings of the accepted traffic
impact analysis, the accepted master drainage study, the accepted WIP, the accepted master
sewer plan, and other studies approved in connection with the approval of a preliminary plat
or development plan for any portion of the Rezoning Area.
8. The final design of required streets and circulation facilities, including gated access (if
applicable) and emergency access, must be in conformance with applicable fire codes prior to
Town Council consideration of a final plat for any portion of the Rezoning Area.
9. The maximum number of single-family detached residential lots within the portions of the
Rezoning Area rezoned R-6 by this ordinance shall not exceed 154.
10. No approval, permit or authorization by the Town of Marana authorizes violation of any
federal or state law or regulation or relieves the Property Owners from responsibility to
ensure compliance with all applicable federal and state laws and regulations, including the
Endangered Species Act and the Clean Water Act. The Property Owners should retain
Marana Regular Council Meeting 10/17/2017 Page 261 of 382
Marana Ordinance No. 2017.021 - 3 - 10/11/2017 3:11 PM CR FC
appropriate experts and consult appropriate federal and state agencies to determine any action
necessary to assure compliance with applicable laws and regulations.
11. The Property Owners shall transfer to Marana, by the appropriate Arizona Department of
Water Resources form, those water rights being IGR, Type I or Type II for the Town
providing designation of assured water supply and water service to the Rezoning Area. If
Type I or Type II is needed on the Rezoning Area, the Town and the Property Owners shall
arrive at an agreeable solution to the use of those water rights appurtenant to the affected
portion of the Rezoning Area.
12. Prior to the issuance of any grading permits, the Property Owners shall submit evidence to
the Town that all federal permit requirements have been met through the Corps of Engineers
and the State Historic Preservation Office, if federal permits are required for the development
of the Rezoning Area.
13. A 100% clearance survey for the desert tortoise shall be completed by a qualified biologist at
the Property Owners’ expense and a survey report shall be submitted to the Town and to the
Arizona Game and Fish Department (AZGFD) prior to issuance of any grading permits. If a
desert tortoise is found during the survey or at any time during construction, the Property
Owners shall immediately notify the Town and AZGFD, and the tortoise shall be moved in
accordance with the most current AZGFD Tortoise Handling Guidelines at the Property
Owners’ expense.
14. The Property Owners shall not cause any further lot split of any kind without the written
consent of the Town of Marana.
15. The Property Owners shall submit final covenants, conditions, and restrictions for Town
review and approval prior to the Town Council consideration of a final plat for any portion of
the Rezoning Area.
16. Within 60 days after the adoption of this ordinance, the Property Owners shall provide the
Planning Department with six bound copies, three electronic CD copies in PDF format which
will also include graphics of the conceptual land use plan in JPEG or other suitable format of
the Twin Peaks Crossings Rezoning.
17. The conditions, covenants, and restrictions governing the project must include a provision
stating that all natural, undisturbed open space and or/wildlife corridors shall be left entirely
undisturbed and in their natural desert state, except for utility installations, constructed
drainage ways and road crossings, which shall be revegetated with native species similar to
those found in the surrounding area.
18. This rezoning is subject to the design standards outlined in the Twin Peaks Corridor Study
adopted by Marana Resolution 2014-013.
19. Twin Peaks Crossings shall be in substantial conformance with Exhibit III.C Conceptual
Land Use Plan of the Twin Peaks Crossings rezone document.
20. The Property Owners will build a reflection-area on Twin Peaks Road, general location as
depicted on the Conceptual Land Use Plan attached as Exhibit “B” to and incorporated by
this reference in this ordinance. The maintenance of the reflection-area will be the
responsibility of the Twin Peaks Crossings Homeowners Association.
21. The Property Owners shall dedicate to the Twin Peaks Crossings Homeowners Association,
for the use of the residents, a 10-foot wide trail easement between the reflection-area on Twin
Peaks Road to Tangerine Road as depicted on the Conceptual Land Use Plan attached as
Exhibit “B” to and incorporated by this reference in this ordinance. The Property Owners
shall construct a raked-earth single track trail within the easement when 33% of the building
Marana Regular Council Meeting 10/17/2017 Page 262 of 382
Marana Ordinance No. 2017.021 - 4 - 10/11/2017 3:11 PM CR FC
permits in Twin Peaks Crossings have been issued. The maintenance of the trail will be the
responsibility of the Twin Peaks Crossings Homeowners Association.
22. The Property Owners shall dedicate to the Town a 10-foot wide trail easement from the
southwest corner of the project to the reflection-area on Twin Peaks Road to accommodate
future offsite trail connectivity.
23. The Property Owners shall construct a one-acre neighborhood park when one-half (50%) of
the residential building permits in Twin Peaks Crossings have been issued.
24. Homes on lots 19, 20, 38, 130-132, 136 and 146-150 as designated on the Conceptual Land
Use Plan attached as Exhibit “B” to and incorporated by this reference in this ordinance shall
be single-story.
25. Before a certificate of occupancy can be issued for any dwelling unit on the property, the
Property Owners shall have completed or shall provide evidence to the Town’s satisfaction
that the Property Owners have made a diligent effort to complete the process of having the
Rezoning Area annexed into the Northwest Fire District.
26. All required access roadway and turning movement improvements shall be developed per the
approved TIA including future signal warrant analysis for Twin Peaks Road/Angel Drive,
and Tangerine Road/Saint Patrick Road.
Section 3. All ordinances, resolutions and motions and parts of ordinances, resolutions,
and motions of the Marana Town Council in conflict with the provisions of this ordinance are
hereby repealed, effective as of the effective date of this ordinance.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 17th day of October, 2017.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Regular Council Meeting 10/17/2017 Page 263 of 382
REZONING
EXHIBIT A
LEGEND
0'225' 450'
NORTHPROJECT BOUNDARY
R-6 ZONING BOUNDARY
NEIGHBORHOOD COMMERCIAL BOUNDARY
PARCELS
HOLLYWOOD BLVD ( 30' ROW)
ANGEL DR (30' ROW / 60' FUTURE ROW)
APN: 216-02-012B
APN: 216-02-008GAPN: 216-02-008HAPN: 216-02-007B
APN: 216-02-008CAPN: 216-02-008D
APN: 216-02-0140APN: 216-02-016AAPN: 216-01-004C ST. PATRICK RD (30' ROW)(FULL ACCESS)TANGERINE RD (150' ROW / 275' FUTURE ROW)TWIN PEAKS RD (150' ROW)Exhibit A
Marana Regular Council Meeting 10/17/2017 Page 264 of 382
Order No.: 80008169-080-RLA
27C101 (6/06) ALTA Commitment - 2006 Page 2
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American
Land Title Association.
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA,
AND IS DESCRIBED AS FOLLOWS:
The Northeast quarter of Lot 4 of Section 1, Township 12 South, Range 12 East of the Gila and Salt River Base and
Meridian, Pima County, Arizona;
EXCEPT that portion of the property described in Docket 12821, Page 1404, recorded in the Pima County Recorder’s
Office, Pima County Arizona located in Lot 4, Section 1, Township 12 South, Range 12 East, Gila and Salt River
Meridian, Pima County Arizona described as follows:
Beginning at the Northwest corner of said property, upon the South right-of-way of Tangerine Road as described in
Book 7, page 83 of Road Maps;
Thence upon the West line of said property, South 0 degrees, 47 minutes 00 seconds East, a distance of 50.01 feet to a
line 100.00 feet South of and parallel with said section line’
Thence upon said parallel line, North 89 degrees 25 minutes 27 seconds East, a distance of 344.54 feet;
Thence perpendicular to said line, North 0 degrees 34 minutes 33 seconds West, a distance of 14.83 feet;
Thence parallel to said line, North 89 degrees, 25 minutes 27 seconds East, a distance of 45.00 feet;
Thence perpendicular to said line, South 0 degrees 34 minutes 33 seconds East, a distance of 4.83 feet to said parallel
line;
Thence upon said line, North 89 degrees 25 minutes 27 seconds East, a distance of 269.82 feet to the East line of said
property;
Thence upon said East line, North 0 degrees 45 minutes 00 seconds West, a distance of 50.02 feet to said South right-
of-way;
Thence upon said South right-of-way, South 89 degrees 25 minutes 23 seconds West, a distance of 659.38 feet to the
Point of Beginning.
Except all the coal and other minerals as reserved in the Patent from the United States of America.
APN: 216-02-012B
Marana Regular Council Meeting 10/17/2017 Page 265 of 382
Order No.: 80008167-080-DAO
27C101 (6/06) ALTA Commitment - 2006 Page 2
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American
Land Title Association.
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA,
AND IS DESCRIBED AS FOLLOWS:
THE WEST HALF OF THE NORTHWEST QUARTER OF LOT 3 IN SECTION 1 TOWNSHIP 12 SOUTH
RANGE 12 EAST, GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA;
EXCEPT THE WEST 15 FEET, THE EAST 15 FEET, THE SOUTH 15 FEET AND THE NORTH 30 FEET
THEREOF.
AND FURTHER EXCEPT THAT PORTION CONVEYED TO PIMA COUNTY, ARIZONA IN DOCKET 4781
PAGE 256 DESCRIBED AS FOLLOWS:
THE SOUTH 20 FEET OF THE NORTH 50 FEET OF THE NORTHWEST QUARTER OF LOT 3 IN SECTION 1
TOWNSHIP 12 SOUTH RANGE 12 EAST, GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY,
ARIZONA.
AND FURTHER EXCEPT THE EAST 94.0 FEET OF THE SOUTH 282.0 FEET OF THE WEST HALF OF THE
NORTHWEST QUARTER OF LOT 3 IN SECTION 1 TOWNSHIP 12 SOUTH RANGE 12 EAST, GILA AND
SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA; EXCEPT THE SOUTH 15 FEET THEREOF.
Marana Regular Council Meeting 10/17/2017 Page 266 of 382
Order No.: 80008166-080-RLA
27C101 (6/06) ALTA Commitment - 2006 Page 2
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American
Land Title Association.
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA,
AND IS DESCRIBED AS FOLLOWS:
THE NORTHWEST QUARTER OF LOT 3 IN SECTION 1, TOWNSHIP 12 SOUTH, RANGE 12 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA;
EXCEPT THE WEST 15 FEET, THE SOUTH 15 FEET AND THE NORTH 30 FEET THEREOF FOR ROADS;
AND FURTHER EXCEPT THE PORTION CONVEYED TO PIMA COUNTY, ARIZONA, IN DOCKET 4781,
PAGE 256 DESCRIBED AS FOLLOWS:
THE SOUTH 20 FEET OF THE NORTH 50 FEET OF THE NORTHWEST QUARTER OF LOT 3, IN SECTION 1,
TOWNSHIP 12 SOUTH, RANGE 12 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PIMA
COUNTY, ARIZONA;
AND FURTHER EXCEPT THE WEST HALF OF THE NORTHWEST QUARTER OF LOT 3, IN SECTION 1,
TOWNSHIP 12 SOUTH, RANGE 12 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PIMA
COUNTY, ARIZONA;
EXCEPT ALL COAL AND OTHER MINERALS, AS RESERVED IN THE PATENT TO SAID LAND.
Marana Regular Council Meeting 10/17/2017 Page 267 of 382
Order No.: 51006772-051-51
27C101 (6/06) ALTA Commitment - 2006 Page 2
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American
Land Title Association.
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA,
AND IS DESCRIBED AS FOLLOWS:
The Northeast quarter of Lot 3 in Section 1, Township 12 South, Range 12 East, Gila and Salt River Base and
Meridian, Pima County, Arizona.
EXCEPT the North 298 feet thereof;
AND FURTHER EXCEPT the West 15 feet, the East 30 feet and the South 15 feet for road purposes.
APN: 216-02-007B
Marana Regular Council Meeting 10/17/2017 Page 268 of 382
Order No.: 80008172-080-RLA
27C101 (6/06) ALTA Commitment - 2006 Page 2
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American
Land Title Association.
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA,
AND IS DESCRIBED AS FOLLOWS:
The West half of the Southwest quarter of Lot 4 of Section 1, Township 12 South, Range 12 East of the Gila and Salt
River Base and Meridian, Pima County, Arizona;
Except the North 15 feet; the South 30 feet; and the West 30 feet thereof; and
Except that portion conveyed to the Town of Marana in Warranty Deed recorded in Docket 13425, page 5452; and
Except all the coal and other minerals as reserved in the Patent from the United States of America.
APN: 216-02-016A
Marana Regular Council Meeting 10/17/2017 Page 269 of 382
Order No.: 80008171-080-RLA
27C101 (6/06) ALTA Commitment - 2006 Page 2
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American
Land Title Association.
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA,
AND IS DESCRIBED AS FOLLOWS:
THE EAST HALF OF THE SOUTHWEST QUARTER OF LOT 4 IN SECTION 1, TOWNSHIP 12 SOUTH,
RANGE 12 EAST, GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA;
EXCEPT THE SOUTH 30 FEET; AND
EXCEPT THE NORTH 15 FEET; AND
EXCEPT THE EAST 15 FEET THEREOF
APN: 216-02-0140
Marana Regular Council Meeting 10/17/2017 Page 270 of 382
Order No.: 80008163-080-RLA
27C101 (6/06) ALTA Commitment - 2006 Page 2
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American
Land Title Association.
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA,
AND IS DESCRIBED AS FOLLOWS:
THE SOUTHEAST QUARTER OF LOT 4 IN SECTION 1 TOWNSHIP 12 SOUTH RANGE 12 EAST, GILA AND
SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA;
EXCEPT THE SOUTH 30 FEET, THE NORTH 15 FEET, THE WEST 15 FEET AND THE EAST 15 FEET
THEREOF.
APN: 216-02-008D
Marana Regular Council Meeting 10/17/2017 Page 271 of 382
Order No.: 80008162-080-RLA
27C101 (6/06) ALTA Commitment - 2006 Page 2
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American
Land Title Association.
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA,
AND IS DESCRIBED AS FOLLOWS:
The West half of the Southwest quarter of Lot 3 in Section 1, Township 12 South, Range 12 East, of the Gila and Salt
River Base and Meridian, Pima County, Arizona;
EXCEPT the North 15.00 feet, the West 15.00 feet and the South 30.00 feet thereof; and
EXCEPT all coal and other minerals as reserved in the Patent from the United States of America.
APN: 216-02-008C
Marana Regular Council Meeting 10/17/2017 Page 272 of 382
Order No.: 80008161-080-RLA
27C101 (6/06) ALTA Commitment - 2006 Page 2
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American
Land Title Association.
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA,
AND IS DESCRIBED AS FOLLOWS:
The Southwest quarter of the Northwest quarter in Section 1, Township 12 South, Range 12 East, of the Gila and Salt
River Base and Meridian, Pima County, Arizona;
EXCEPT that portion conveyed to the Town of Marana, an Arizona municipal corporation by Deed of Dedication
recorded May 18, 2009 in Docket 13560, Page 4158; and
EXCEPT all coal and other minerals as reserved in the Patent from the United States of America.
APN: 216-01-004C
Marana Regular Council Meeting 10/17/2017 Page 273 of 382
1
4
8
6
13
31
5
14 17
10
32
9
7
19
28
30
12
33
24
18
29
23
27
26
34
20
2
36
25
137
139
38
22
136
140
138
144
141
142
143
44
41
46
52
45
49
48
16
53
51
37
72
73
74
56
65
42
61
21
62
35
59
64
107
58
106
43
145
114
116
40
39
54
76
50
75
47
55
102
69
135
133
70
77
111
68
66
82
81
71
124
86
57
60
63
104
92
91
93
94
96
103
98
105
112
115
117
109 113110
123
118
120
125
126
119
131
121
122
130
128
129
132
134
79
127
78
83
80
84
87
85
88
89
90
95
9710099101
148
146
149
147
150
151
152
153
154
15
11
108
3
67
EXHIBIT B
CONCEPTUAL LAND USE PLAN
TWIN PEAKS ROAD(150' ROW)TANGERINE ROAD
(150' ROW / 275' FUTURE ROW)
HOLLYWOOD BLVD (30' ROW)
ANGEL DRIVE (60' PROPOSED ROW)
4.6 AC
COMMERCIAL
5.2 AC
COMMERCIAL
TOTAL
OPEN SPACE
27.7 AC ST PATRICK ROAD(30' ROW)TANGERINE RIDGE
(SINGLE FAMILY RESIDENTIAL)
TRAIL NODE &
REFLECTION
AREA *
+
MONUMENT
SIGN
STREET 'B'STREET 'B'STREET 'A'STRE
E
T '
A'STREET 'A'DOVE CENTRE ROADDRIVEWAY 'A'
DRIVEWAY 'C'
(VETERAN'S TRACT - 30' ROW)
RIGHT IN / RIGHT OUT
DRIVEWAY 'B'
FULL ACCESS
APN: 216-01-004C
APN: 216-02-016A APN: 216-02-0140APN: 216-02-008D
APN: 216-02-012B
APN: 216-02-008HAPN: 216-02-008G
APN: 216-02-007B
APN: 216-02-008CFULL ACCESS
FULL ACCESS
FULL ACCESS
TRAIL
LEFT/ RIGHT IN/
RIGHT OUT
DRIVEWAY 'D'
FULL ACCESS
1 ACRE ACTIVE OPEN SPACE
TANGERINE RIDGE
(SINGLE FAMILY RESIDENTIAL)
GATED ENTRY
20' LANDSCAPE BUFFER
(RESIDENTIAL TO RESIDENTIAL)
(TYP)
49'
80'147'20' LANDSCAPE BUFFER
(RESIDENTIAL TO RESIDENTIAL)
(TYP)
25' LANDSCAPE BUFFER
(COMMERCIAL TO RESIDENTIAL)
(TYP)
20' LANDSCAPE BUFFER
PROJECT BOUNDARY
R-6 ZONING BOUNDARY20' LANDSCAPE
BUFFER
CONSTRUCTED
DRAINAGE WAY
TYPICAL LOT SIZE:
50'X120'150'3.5 AC
COMM
TWIN PEAKS CROSSINGS THEPL GCEANNNIN ERT
a d i v i i Isooonf nTPCGrup,c.
e sc r con eg te tu os naz 857012600ss
NORTH
PROJECT: DATE:CAC-05 09/28/17
FILE NAME:CAC-05 CLUP_09717.DWG
0' 150'
SCALE: 1"-300'-0"
300'
X
X
X
X-SECTION A-A': TRAIL BEHIND RESIDENTIAL LOTS
A'
A
SANDY BOTTOM WASH
ELEVATED TRAIL
RESIDENTIAL LOT
LOT WALL300'55'-5"
MOUNTAIN CENTRE ROAD
(42' ROW)
+
MONUMENT
SIGN
200'
LEGEND
RESIDENTIAL LOTS NUOS WITHIN WILDLIFE
CORRIDOR (4.4 AC)
ACTIVE OPEN SPACE (1 AC)
NEIGHBORHOOD COMMERCIAL (NC) ZONING
NOTES
PROJECT AREA: 79.1 AC
NEIGHBORHOOD COMMERCIAL AREA: 22.1 AC
R-6 ZONING AREA: 57.0 AC
TOTAL OPEN SPACE: 32.4 AC
TYPICAL RESIDENTIAL LOT SIZE: 50'X120' (6,000 SF)
TOTAL LOTS: 154
RAC: 1.9
R-6 ZONING BOUNDARY (EXCLUDES R.O.W. FOR ANGEL DR,
HOLLYWOOD BLVD, AND MOUNTAIN CENTER RD NORTH OF HOLLYWOOD BLVD)
MEDIUM WILDLIFE CROSSING
CULVERT CROSSING
LARGE WILDLIFE CROSSING
WILDLIFE CROSSING TYPE
PROPOSED ACCESS
RESTRICTED TO SINGLE STORYX
ENTRY MONUMENT
TRAIL NODE & REFLECTION AREA*
+
10' TRAIL EASEMENT
OPEN SPACE WITHIN CONSTRUCTED
DRAINAGE WAY (0.6 AC)
NC ZONING OPEN SPACE (4.7 AC)
NUOS WITHIN WILDLIFE
CORRIDOR (2.6 AC)
R-6 ZONING OPEN SPACE (27.7 ACRES)
NUOS OUTSIDE OF WILDLIFE
CORRIDOR (20.1 AC)
LANDSCAPE BUFERS (1.6 AC)
OPEN SPACE WITHIN CONSTRUCTED
DRAINAGE WAY (0.3 AC)
WILDLIFE CORRIDOR
LANDSCAPE BUFERS (1.8 AC)
10' LANDSCAPE
BUFFER
10' LANDSCAPEBUFFER10' LANDSCAPEBUFFERTRAIL
20' SEWER
EASEMENT
20' SEWER
EASEMENT
8.8 AC
COMMERCIAL
X
X
X
X
X
X
Marana Regular Council Meeting 10/17/2017 Page 274 of 382
Marana Regular Council Meeting 10/17/2017 Page 275 of 382
Twin Peaks Crossings
Rezone
Marana, Arizona
Submitted to:
Town of Marana
Planning Department
11555 West Civic Center Drive
Marana, Arizona 85653
Prepared for:
C&C Construction
7608 North La Cholla Boulevard
Tucson, AZ 85741
Telephone: (520)-575-0600
Prepared by:
The Planning Center
2 E. Congress Street, Suite 600
Tucson, Arizona 85701
Telephone: (520) 623-6146
With assistance from:
Oracle Engineering Group
3544 North Romero Road, Suite 100
Tucson, Arizona 85705
Telephone: (520) 292-6711
And:
CMG Drainage Engineering, Inc.
3555 North Mountain Avenue
Tucson, Arizona 85719
Telephone: (520) 882-4244
PCZ1610-001
September 2017
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Table of Contents i
Section I...........................................................................................................................................1
A. Introduction ................................................................................................................................................... 2
1. Anticipated Benefits to the Community .............................................................................................. 2
2. Adherence to Town Plans .................................................................................................................. 2
3. Proposed Densities ............................................................................................................................. 4
4. Impacts and Mitigation ........................................................................................................................ 4
5. Anticipated Employment ..................................................................................................................... 4
Section II ..........................................................................................................................................5
B. Development Capability/Inventory and Analysis ......................................................................................... 6
1. Site Location ....................................................................................................................................... 6
2. Existing Uses On-site.......................................................................................................................... 8
3. Property Information within One-Quarter Mile of the Site ................................................................ 10
4. Well Sites within 100 Feet of the Property ....................................................................................... 16
5. Topography ....................................................................................................................................... 17
6. Pre-Development Hydrology and Water Resources ........................................................................ 19
7. Vegetation ......................................................................................................................................... 24
8. Wildlife ............................................................................................................................................... 28
9. Soils and Geology ............................................................................................................................. 32
10. Viewsheds ......................................................................................................................................... 34
11. Traffic and Circulation ....................................................................................................................... 40
12. Recreation and Trails ........................................................................................................................ 44
13. Cultural Resources ........................................................................................................................... 46
14. Infrastructure and Public Facilities .................................................................................................... 48
15. McHarg Composite Map ................................................................................................................... 55
Section III ....................................................................................................................................... 57
C. Land Use Plan ............................................................................................................................................ 58
1. Overview ........................................................................................................................................... 58
2. Relationship to Adopted Plans ......................................................................................................... 60
3. Adjoining Development Compatibility ............................................................................................... 64
4. Conceptual Land Use Plan ............................................................................................................... 65
5. Grading Element ............................................................................................................................... 69
6. Post Development Hydrology ........................................................................................................... 69
7. Vegetation ......................................................................................................................................... 73
8. Wildlife ............................................................................................................................................... 76
9. Viewsheds ......................................................................................................................................... 78
10. Traffic and Circulation ....................................................................................................................... 78
11. Public Utilities .................................................................................................................................... 84
12. Public Service Impacts ..................................................................................................................... 85
13. Recreation and Trails ........................................................................................................................ 86
14. Cultural, Archaeological and Historic Resources ............................................................................. 87
A. Bibliography ................................................................................................................................................ 89
B. Heritage Data Management System (HDMS) Report ............................................................................... 90
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Table of Contents ii
List of Exhibits
Exhibit II.B.1: Project Location ............................................................................................................................. 7
Exhibit II.B.2: Existing Land Uses ........................................................................................................................ 9
Exhibit II.B.3.a: Existing Zoning.......................................................................................................................... 11
Exhibit II.B.3.b: General Plan ............................................................................................................................. 13
Exhibit II.B.3.c: Existing Surrounding Land Uses .............................................................................................. 15
Exhibit II.B.3.c: Topography ............................................................................................................................... 18
Exhibit II.B.6.a: Off-Site Watersheds................................................................................................................. 21
Exhibit II.B.6.b: Off-Site Watersheds................................................................................................................. 22
Exhibit II.B.6.c: FEMA FIRM .............................................................................................................................. 23
Exhibit II.B.7.a: Vegetation Communities.......................................................................................................... 26
Exhibit II.B.7.b: Site Resource Inventory .......................................................................................................... 27
Exhibit II.B.8.a: Wildlife Crossings ..................................................................................................................... 30
Exhibit II.B.8: AGFD Online Environmental Review .......................................................................................... 31
Exhibit II.B.9: Soils .............................................................................................................................................. 33
Exhibit II.B.10: Site Visibility ............................................................................................................................... 35
Exhibit II.B.10.a.1: Photo Key Map ................................................................................................................... 36
Exhibit II.B.10.a.2: Site Photos (cont.) .............................................................................................................. 38
Exhibit II.B.10.a.2: Site Photos (cont.) ............................................................................................................... 39
Exhibit II.B.11.a: Traffic and Circulation ............................................................................................................. 43
Exhibit II.B.12.a: Parks and Trails ..................................................................................................................... 45
Exhibit II.B.13.b: Archaeological Records Search ............................................................................................ 47
Exhibit II.B.14.a.1: Sewer Map ........................................................................................................................... 49
Exhibit II.B.14.a.2: Wastewater Capacity Response ......................................................................................... 50
Exhibit II.B.14.b: Water Service Letter ............................................................................................................... 51
Exhibit II.B.14.b: Water Service Letter (Cont.) ................................................................................................... 52
Exhibit II.14.c: Public Facilities ........................................................................................................................... 54
Exhibit II.B.15: McHarg Composite Map ............................................................................................................ 56
Exhibit III.C.1: Parcels to be Rezoned ............................................................................................................... 59
Exhibit III.C.4: Conceptual Land Use Plan ......................................................................................................... 68
Exhibit III.C.6.a: Post Development Hydrology .................................................................................................. 71
Exhibit III.C.6.b: Existing Drainage Easements ................................................................................................. 72
Exhibit III.C.7.d: Landscape Buffer Cross Sections ........................................................................................... 75
Exhibit III.C.8.a: Conceptual All-Weather Wildlife Crossings ............................................................................ 77
Exhibit III.C.10.a: Proposed Cross Sections ...................................................................................................... 81
Exhibit III.10.b: Angel Drive and Tangerine Ridge Interface ............................................................................. 82
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Table of Contents iii
Exhibit III.C.10.c: Traffic and Circulation ............................................................................................................ 83
List of Tables
Table II.B.7.a: Species list of plant species observed on site. .......................................................................... 24
Table II.B.7.b: USFWS List of Plant Species for Pima County .......................................................................... 25
Table II.B.11.a: Roadway Inventory ................................................................................................................... 41
Table II.B.11.b: Average Daily Trips .................................................................................................................. 42
Table II.B.12.a: Parks and Trails Inventory ........................................................................................................ 44
Table III.C.1.a: Parcels to be Rezoned .............................................................................................................. 58
Table III.C.1.b: Zoning Translational Table ....................................................................................................... 58
Table III.4.1: Proposed Land Uses ..................................................................................................................... 67
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Twin Peaks Crossings
Project Overview I-1
Section I
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Project Overview I-2
A. Introduction
1. Anticipated Benefits to the Community
The Twin Peaks Crossings rezoning is a ± 79.1-acre property located in the Town of
Marana. The property is approximately 20 miles north of Downtown Tucson near the
intersection of Tangerine and Twin Peaks Roads. The goal of the proposed rezoning is
to propose a mix of commercial and residential development to expand the current
housing options in the area and to concentrate commercial development toward
Tangerine Road as a means of providing residents with commercial opportunities at a
neighborhood scale while stimulating economic development along the corridor.
The proposed project anticipates setting aside nearly 48.6% of the area to be rezoned to
R-6 as open space resulting in minimal disturbance to the environmentally sensitive
features on the site. Additionally, the proposed development incorporates a hiking trail
and community park that is approximately 1-acre in size. Twin Peaks Crossings will also
provide a trail easement along the west boundary from the proposed reflection area along
Twin Peaks Road to the southwest corner of the property to further contribute to the
regional trail network. In combination, the open space elements featured in the proposed
rezoning provide the community with additional recreational areas and preserve habitat
for wildlife movement.
2. Adherence to Town Plans
The Twin Peaks Crossings rezoning is designed in accordance with the Town of
Marana’s General Plan and the Town’s Strategic Plan as well as the Twin Peaks
Corridor Study. The request is for approximately 79.1-acres of existing C (Large Lot
zone) and R-36 (Residential) land to be rezoned to 57.0 acres of R-6 (Residential) and
22.1 acres of NC (Neighborhood Commercial). A minimum of 48.6% (27.7 acres) of
the R-6 area will be open space with 21.3% (4.7 acres) of open space in the NC zoning
areas for total open space equal to 40.9% (32.4 acres). This rezoning would
accommodate approximately 154 single-family detached residences and residentially
compatible commercial uses. Attached single-family homes will not be permitted on
any parcel rezoned NC, except for those closest to existing, planned or vacant
residential property (parcels 21602007B and 21602008G). These two parcels are
located further away from the major Tangerine-Twin Peaks intersection and if
developed with attached homes, could provide a buffer between existing and planned
lower density residential developments and commercial uses. According to the Town
of Marana General Plan Future Land Use Map, the proposed project adheres to the
future land use designations of Low-Density Residential and Commercial.
The subject site is also located within the Northeast Growth Area and the Tangerine
Road Special Planning Area. The Northeast Growth Area has significant
environmentally challenging areas that constrain development. The proposed
rezoning responds to the constraints by preserving environmentally sensitive lands
and configuring residential units in a low-density/clustering fashion. The development
of this property will be configured with the intention of minimizing land disturbance and
protecting the natural drainage ways and vegetation. The Town’s Draft Habitat
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Project Overview I-3
Conservation Plan (HCP) designates nearly the entire rezoning area as Zone 4 (100%
developable, 0% NUOS) yet the map also depicts a wildlife corridor that has been
preserved along the major onsite wash.
The Tangerine Road Special Planning Area has great potential for economic
development. The Town of Marana has identified three of the nine activity centers
along the Tangerine Road corridor. While this area has environmental and physical
constraints that will have to be addressed, this area is critical to the future economic
growth of the Town.
The Twin Peaks Crossings rezoning adheres to the Strategic Plan by supporting
commerce through the creation of construction jobs and revenues from sales tax and
service fees. Additionally, the proposed rezoning will facilitate community growth by
supplementing the current housing stock, as well as providing recreational
opportunities. Moreover, the proposed rezoning strives to develop high-performing,
cost-saving homes and incorporate sustainable and innovative building practices and
materials.
The Twin Peaks Corridor Study establishes design guidelines to create a cohesive
theme for parcels located along Twin Peaks Road and Camino de Mañana between
Linda Vista Boulevard and Tangerine Road. Twin Peaks Crossings is located within
this area and will adhere to the Twin Peaks Corridor Study in its entirety. This plan
meets the goals outlined in the study by:
• Providing recreational amenities and applying the Town of Marana’s design
standards that encourage the use of desert landscaping and a color palette
that is consistent with the surrounding development.
• Preserving viewsheds (on- and off-site), to the extent possible, of the
surrounding natural environment.
• Incorporating necessary native desert landscaping within the proposed
development and buffer zone to enhance the overall aesthetic of the
corridor.
Prior to this rezoning proposal, a portion of the subject property was previously
included in the former 196-acre Tangerine Hills Specific Plan. According to Marana
Ordinance 2002.25, the Town of Marana submitted a request to abandon the
Tangerine Hills Specific Plan due to the “antiquated” land uses contained within the
plan. Abandonment of the Tangerine Hills Specific Plan resulted in the rezoning of all
properties within the specific plan boundary to R-36. Additionally, this Town initiated
rezoning resulted in the abandonment of the land use designation of Medium to High
Density Residential; Commercial: Community; Open Space: Recreational in the
Marana General Plan across this area. While the land uses proposed in the former
Tangerine Hills Specific Plan were considered “antiquated” in 2002, it can be argued
that the former land use designations are more consistent with those uses suggested
in the Town’s current General Plan and the Tangerine Road Corridor Project at this
location.
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Project Overview I-4
3. Proposed Densities
The proposed rezoning includes 154 detached single-family residences at a density of
1.94 units per acre.
4. Impacts and Mitigation
Given the environmental and physical constraints presented on the proposed site, a
variety of mitigation measures will be incorporated throughout the rezoning area to
minimize any potential adverse impacts of the project. The proposed development
includes approximately 32.4 acres of open space to preserve the wildlife corridors and
drainageways that traverse the site.
Housing on the site has been situated in such fashion to minimize and mostly avoid
placement within the designated floodway as a means of preserving the integrity of critical
riparian areas. Additionally, stormwater mitigation measures and best practices will be
encouraged to reduce the adverse impacts associated with impervious surface runoff.
Recognizing that the proposed development will bring activity to the surrounding area,
appropriate bufferyards will be implemented to mitigate light and noise pollution from the
site to adjacent residential uses to the east and south. Roadway improvements along
Tangerine Road are also proposed to ensure safe travel and turn movements to and from
the proposed commercial areas.
5. Anticipated Employment
The commercial uses have not yet been determined, thus anticipated employment
approximations are currently unavailable.
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Development Capability Report II-5
Section II
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Development Capability Report II-6
B. Development Capability/Inventory and Analysis
The primary purpose of the Development Capability Report is to identify the site’s opportunities,
constraints and various physical characteristics, which will provide a means whereby
development is designed in a sensitive and responsive manner to the physical conditions of the
site. Information for this section was compiled using a variety of sources, including site visits,
referencing topographic, hydrological, archaeological, and traffic analyses, as well as
correspondence with Town staff and other agencies. The Development Capability Report
follows the requirements outlined in the Town of Marana Land Development Code.
1. Site Location
The project site is situated in the Town of Marana in Township 12 South, Range 12 East,
Section 01. The property is located south of Tangerine Road and east of Twin Peaks
Road, and can be accessed from both roads.
The site is bounded by Tangerine Road to the north. Dove Mountain Specific Plan is
located to the north of Tangerine Road. Twin Peaks Road borders the property to the
west. Angel Drive and Hollywood Boulevard bisect the subject property. The land west
of Twin Peaks Road is currently vacant State Trust Land. The land adjacent to the south
and southeast is also vacant. The land to the east is mostly vacant except for one single
family residence, but the Tangerine Ridge subdivision is currently under construction.
This site is an assemblage of nine parcels which total approximately 79.6 acres. This
rezoning consists of the following parcels: 216-01-004C, 216-02-007B, 216-02-008C,
216-02-008D, 216-02-008G, 216-02-008H, 216-02-012B, 216-02-0140 and 216-02-
016A. (See Exhibit II.B.1: Project Location).
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Development Capability Report II-7
Exhibit II.B.1: Project Location
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Development Capability Report II-8
2. Existing Uses On-site
Currently, seven of the nine parcels that comprise the site are vacant, with no previous
disturbances. The parcel identified as #216-02-008G has a one-story single family
dwelling and two accessory structures on the property. Parcels 216-02-012B and 216-
02-007B each currently have a single-family residence on the property as well. (See
Exhibit II.B.2: Existing Land Uses).
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Development Capability Report II-9
Exhibit II.B.2: Existing Land Uses
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Development Capability Report II-10
3. Property Information within One-Quarter Mile of the Site
a. Existing Zoning
The zoning designations of surrounding properties, as depicted in Exhibit II.B.3.a are
as follows:
North: Town of Marana F (Dove Mountain Specific Plan)
South: Town of Marana C (Large Lot Zone) and R-36 (Single Family
Residential)
East: Town of Marana C (Large Lot Zone), R-36 and R-144 (Single
Family Residential) and F (Tangerine Ridge Specific Plan)
West: Town of Marana C (Large Lot Zone)
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Development Capability Report II-11
Exhibit II.B.3.a: Existing Zoning
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Development Capability Report II-12
b. General Plan Land Use
The 2010 Town of Marana General Plan indicates the site is designated as Low
Density Residential and Commercial, and is located within the Tangerine Road
Special Planning Area. The surrounding general plan designations within one-quarter
mile of the site, as depicted in Exhibit II.B.3.b: General Plan are as follows:
North: Town of Marana Master Plan Area, Commercial
South: Town of Marana Low Density Residential
East: Town of Marana Master Plan Area & Low Density Residential
West: Town of Marana Low Density Residential, Commercial
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Development Capability Report II-13
Exhibit II.B.3.b: General Plan
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Development Capability Report II-14
c. Existing Surrounding Land Uses
The land uses of surrounding properties within one-quarter mile, as depicted in
Exhibit II.B.3.c: Existing Land Uses are as follows:
North: Dove Mountain Specific Plan (Commercial, Single and Multi-
Family Residential)
South: Vacant
East: Tangerine Ridge Specific Plan Single-Family Residential and
Vacant
West: Unsubdivided Single-Family Residential, Vacant
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Development Capability Report II-15
Exhibit II.B.3.c: Existing Surrounding Land Uses
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Development Capability Report II-16
d. Number of Stories of Existing Structures
There is a one-story single family dwelling unit and two accessory structures located
on the parcel identified as 216-02-008G. Additionally, there is a one-story single
family dwelling unit on the parcels identified as 216-02-012B and 216-02-007B. There
are single-story residential structures located on the properties to the east of the
project site. There are one- and two-story residential structures within the Dove
Mountain Specific Plan area and planned within the Tangerine Ridge Specific Plan.
The commercial properties within the Dove Mountain Specific Plan area are one-
story structures.
e. Pending Rezonings
There are no pending rezonings of properties within one-quarter mile of the site.
f. Conditional Rezonings
There are no conditional rezonings of properties within one-quarter mile of the site.
g. Subdivision/Development Plans Approved
Approved development plans within a quarter-mile radius of the project site include
the following:
• DPR-04136 Dove Mountain Center
• DPR-06092 Verizon Wireless
Approved subdivisions within a quarter-mile radius of the project site are as follows:
• PRV-09014F Dove Mountain Centre II, Parcels 1-7
• PRV-04048F The Preserve IV at Dove Mountain
• PRV-03016 The Preserve at Dove Mountain, Lots 1-182
• PRV-1505-002 Tangerine Ridge, Lots 1-197
h. Architectural Styles of Adjacent Development
Existing homes in the area are rural custom-home type single-family residences with
southwest and ranch architectural style.
4. Well Sites within 100 Feet of the Property
According to Pima County Geographic information Systems and the Arizona Department
of Water Resources (ADWR) Registry, three wells are located on the site or within 100-
feet of the site with identification numbers 506217, 636676 and 651287. Well #651287 is
located on the parcel identified by APN 216-02-008G and it currently serves a single-
family dwelling. Additionally, there is a well on the parcel west of APN 216-02-008H and
another located just beyond the midpoint of the eastern boundary of the site that currently
serves the Tangerine Ridge property (See Exhibit II.B.3.c: Existing Land Uses).
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Development Capability Report II-17
5. Topography
a. Description
The elevations on the property range from approximately 2,494 feet in the
southwestern corner of the property, to approximately 2,570 feet in the northeastern-
most portion of the property. Three unnamed washes traverse at least a portion of
the property. Two of the washes are listed by Pima County GIS as having a peak flow
of 500-1000 cubic feet per second (cfs), and the third wash is listed with a peak flow
of less than 500 cfs. Existing topography at 2’ contour intervals is shown on Exhibit
II.B.5: Topography and Slope.
i. Hillside Conservation Areas
There are no restricted peaks or ridges on the site.
ii. Rock Outcrops
There are no rock outcrops located on the site.
iii. Slopes of 15% or Greater
The project is relatively flat overall. There are no significant areas of the site
that contain slopes of 15% or greater (See Exhibit II.B.5: Topography and
Slope.)
iv. Other Significant Topographic Features
None
v. Pre-Development Cross-Slope
The average cross-slope of the property is approximately 4%.
The pre-development cross slope calculation and values used are as follows:
Cross-slope = (I x L x 0.0023) / A
Where:
I = contour interval (2’)
L = total length of contours (61,363)
0.0023 = conversion of “square feet” into “acres x 100”
A = total site area in acres (70)
Cross Slope = 2 x 61,363 x 0.0023
70
= ~ 4%
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Development Capability Report II-18
Exhibit II.B.3.c: Topography
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Development Capability Report II-19
6. Pre-Development Hydrology and Water Resources
This portion of the rezoning document includes predevelopment on-site and off-site
hydrologic characteristics and water resources. CMG Drainage Engineering, Inc.
(CMG) conducted a preliminary drainage assessment for the project site based on the
results of the 2011 flood insurance study for the Tortolita Piedmont, and upon recent
hydrologic computations using the PC Hydro method.
Off-site Watersheds
The property is affected by off-site drainage emanating from the Tortolita
Mountain piedmont. The perimeter of all off-site watersheds affecting or
affected by the site, upstream and downstream are shown on Exhibits II.B.6.a
and II.B.6.b: Off-Site Watersheds. The delineation of off-site watersheds and
concentration points shown considers modifications to the drainage patterns
that will occur in conjunction with the Tangerine Road widening project. The
acreage of upstream off-site watershed with 100-year discharges greater than
50 cfs are given in the Table attached to Exhibit II.B.6.a: Off-Site Watersheds.
A portion of the project site is impacted by FEMA Zone AO1. Zone AO1
indicates areas of flooding during the 100-year storm at depths of 0.5 feet to
1.5 feet. The remainder is mapped as Zone X which indicates areas of flooding
during the 100-year storm at depths of 0.5 feet or less.
Off-site Features
Land use density (existing development) within the contributing watersheds is
quite variable but significant enough to have an effect on peak discharge rates.
Upstream lands uses were considered in the hydrologic computations. Besides
the existing development, the significant features within the watersheds
contributing storm water runoff to the property are primarily related to drainage
structures associated with Twin Peaks Road and Tangerine Road. Most of
these structures do not have any effect on the onsite drainage patterns,
excepting for the culvert to be constructed on the east side on Mountain Center
Road (CP-5 on Exhibit II.B.6.a: Off-Site Watersheds). This culvert also collects
storm water runoff from CP-3 and CP-4 which are located up to about 660 feet
east of CP-5. The cumulative discharge at the culvert inlet is 1185 cfs. A 240-
foot long channel will be constructed in conjunction with the Tangerine Road
widening to convey flow to the natural channel currently receiving CP-3 to CP-
5 flows.
Predevelopment On-site Hydrology
CMG has identified fourteen concentration points for offsite storm water
entering and exiting along the upstream and downstream project boundaries.
These concentration points are labeled numerically on Exhibit II.B.6.a: Off-Site
Watersheds. The Table in the exhibit lists the contributing water shed areas
and 100-year peak flow rates. All of the identified washes are watercourses
having 100-year peak discharge rates in excess of 50 cfs.
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The on-site drainage is conveyed in a southwesterly direction as sheet flow
which comingles with offsite flows associated with the FEMA floodplain areas.
Floodplain areas associated with Tortolita Mountain watersheds were
determined in conjunction with FEMA flood hazard mapping completed in
conjunction with the Tortolita Piedmont Study. A copy of the effective FEMA
flood hazard map (a portion of FEMA FIRM Panels #04019C1065L and
04019C1665L) is provided as Exhibit II.B.6.c: FEMA FIRM. Most of the
property outside of the FEMA floodplain are considered shallow sheet flow
areas.
Drainage Conditions Along Downstream Boundary
Existing drainage conditions along downstream property boundary generally
exist in a natural condition. The only modifications are associated with drainage
culverts that are present along Twin Peaks Road. Those culverts are located
at CP-10 (353 cfs) where there is a 16’x8’ ConSpan culvert; and at CP-14
where there is 2-24’x8’ ConSpan.
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Exhibit II.B.6.a: Off-Site Watersheds
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Exhibit II.B.6.b: Off-Site Watersheds
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Exhibit II.B.6.c: FEMA FIRM
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Development Capability Report II-24
7. Vegetation
a. Vegetative Communities and Associations On-Site
The project site is located in the Town of Marana, in Pima County, Arizona, and
contains native vegetation that is typical of that found in the Arizona Sonoran Desert.
The site drains from the northeast to southwest and there are unnamed washes
running through the property. The property occurs within the Arizona Upland
subdivision of the Sonoran Desert scrub biotic community (Brown and Lowe 19801).
Existing vegetation is categorized into two distinct communities; Palo Verde – Mixed
Cacti, in the uplands, and Sonoran Riparian Scrub growing along the washes (Pima
County GIS, 2015). See Exhibit II.B.7.a: Vegetation Communities.
Table II.B.7.a: Species list of plant species observed on site.
SCIENTIFIC NAME COMMON NAME
Ambrosia deltoidea Triangle-leaf bursage
Carnegiea gigantea Saguaro cactus
Celtis palida Hackberry Bush
Echinocereus sp. Hedgehog cactus
Ferocactus wislizenii Barrel cactus
Fouquieria splendens Ocotillo
Larrea tridentata Creosotebush
Opuntia engelmannii Prickly pear cactus
Opuntia fulgida Chain fruit cholla
Opuntia versicolor Staghorn cholla
Parkinsonia microphylla Foothills palo verde
Parkinsonia florida Blue palo verde
Prosopis velutina Velvet mesquite
Senegalia greggii Catclaw acacia
Vachellia constricta White thorn acacia
b. Significant Cacti and Groups of Trees & Federally Listed Threatened or
Endangered Species
The saguaro population appears to have an indeterminate age structure, with
relatively few young plants throughout the site (See Exhibit II.B.7.b: Site Resource
Inventory.) There are a number of specimens over 20’ in height with multiple arms,
as identified in the Significant Resource Inventory (SRI).
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The U.S. Fish and Wildlife Service (USFWS) identify six plant species in Pima County
that have protection under the Endangered Species Act (ESA) (Table II.E.3)2. None
of these species are expected to occur on the property.
Table II.B.7.b: USFWS List of Plant Species for Pima County
Common Name Scientific Name ESA Status
Plants
Acuña cactus Echinomastus erectocentrus var.
acunensis)
Proposed Endangered
Gooding’s onion Allium gooddingii) Conservation Agreement
Huachuca water umbel Lilaeopsis schaffneriana ssp.
recurva)
Endangered
Kearney’s blue star Amsonia kearneyana) Endangered
Pima pineapple cactus Coryphantha scheeri var.
robustispina)
Endangered
Nichol Turk’s head cactus Echinocactus horizonthalonius
var. nicholii)
Endangered
c. Vegetative Densities by Percentage of Plant Cover
The Pima County GIS (2015) categorizes the upland, Palo Verde – Mixed Cactus
vegetation on the property as medium density, and the Sonoran Riparian Scrub
vegetation along the washes as high density. According to 2016 Pima County GIS
data, the Palo Verde – Mixed Cacti accounts for 46.9 acres and the Sonoran Riparian
Scrub accounts for 22.8 acres. On the site, the high density vegetation appears to
be restricted to limited portions of the currently mapped Important Riparian Area
(IRA). The drainage and utility infrastructure improvements associated with the
Tangerine Road widening have impacted portions of the adjacent riparian area. The
constructed channel that abuts the south side of Tangerine Road near the future
Mountain Centre Road alignment has been widened and cleared of existing riparian
vegetation. Exhibit II.B.7.a: Vegetation Communities illustrates the vegetative
communities found on the property.
2 http://www.fws.gov/southwest/es/arizona/Documents/CountyLists/Pima.pdf
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Exhibit II.B.7.a: Vegetation Communities
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Exhibit II.B.7.b: Site Resource Inventory
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8. Wildlife
a. Letter from Habitat Specialist
In support of this analysis, the AGFD Heritage Data Management System (HDMS)
was accessed via their On-line Environmental Review Tool, to locate records of
occurrence within three miles of the property for these species. The summary page
from the HDMS review has been included as Exhibit: II.B.8: AGFD Online
Environmental Review. The entire HDMS review document is submitted in the
appendix of this rezoning application document.
i. Presence of any Threatened or Endangered Species
The Sonoran Desert Tortoise (Gopherus morafkai) is a candidate for ESA
protection. The HDMS search found that the tortoise occurs within three miles
of the property. The tortoise carries a sensitive (S) designation by the United
States Forestry Service (USFS). The species also is listed by the State as WSC
(wildlife of special concern.)
The Golden Eagle (Aquila crysaetos) occurs within three miles of the project
location and falls under the federal protection of the Bald and Golden Eagle
Protection Act (16 U.S.C. 668(a); 50 CFR 22), which prohibits the taking of any
Golden Eagle without a permit. The eagle also carries a sensitive (S)
designation from the Bureau of Land Management (BLM).
The Cactus Ferruginous Pygmy-owl (Glaucidium brasilianum cactorum) has
been identified by the HDMS as occurring within three miles of the project site.
The owl carries a SC (species of concern) designation by the US Fish and
Wildlife Service, and listed as a sensitive species (S) by the USFS and the BLM.
The Lesser Long-nosed Bat has been documented within three miles of the
subject property, and has been listed as endangered (LE) by the FWS.
The Tumamoc Globeberry (Tumamoca macdougalii) is listed as a sensitive (S)
species by the USFS and the BLM, and has been documented within three
miles of the project site.
The property is within three miles of an area designated as a 10(j) recovery
area for the Sonoran Pronghorn (Antilocapra americana sonoriensis) and the
Mexican Gray Wolf (Canis lupus baileyi). A population of a listed species
reestablished outside its current range but within its probable historic range may
be designated as “experimental” by the Secretary of the Interior. The recovery
area is the geographic boundary established, and may be larger than the actual
occupied area.
ii. High densities of given species population
As indicated by the HDMS review, there are no high densities of a given species
located within the premise of the proposed site.
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iii. Aquatic or riparian ecosystems
There is Pima County Important Riparian Area (IRA) located along the main
wash that traverses the property.
iv. Wildlife corridor
The property has been identified by the HDMS as being within three miles of
the Tucson – Tortolita – Santa Catalina Mountains Linkage Design wildlife
corridor.
b. AGFD Wildlife Concerns
The proposed development will consider specific recommendations presented by
AGFD in regards to the design of the project as a means of maintaining wildlife
connectivity and minimizing adverse impacts to wildlife.
c. Wildlife Crossings
There are three (3) wildlife crossings adjacent to the site on Twin Peaks Road (see
Exhibit II.B.8.a: Wildlife Crossings). There is one large wildlife crossing, one medium
wildlife crossing and two culvert crossings. There is also a medium wildlife fence that
touches the eastern boundary of the site at St. Patrick Road.
There is a drainage easement (Docket #13425) that coincides with the culvert
crossing under Twin Peaks Road, adjacent to Angel Drive (see Exhibit III.C.6.b:
Existing Drainage Easements). The culvert crossing allows for natural drainage but
also the transfer of wildlife from one side of Twin Peaks to the other. This drainage
easement does encroach on the Angel Road R.O.W. however, it will not affect the
development or Angel Drive improvements.
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Exhibit II.B.8.a: Wildlife Crossings
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Exhibit II.B.8: AGFD Online Environmental Review
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9. Soils and Geology
The information provided in this section is based on best data available from the Soil
Survey for Pima County, Arizona, Eastern Part, 2016, generalized soil maps based on
Soil Survey data available through Pima County Department of Transportation and the
United States Department for Agriculture Natural Resource Conservation Service
(NRCS), 2016. According to these sources, the site contains two soil types on site;
Hayhook sandy loam (96.4% of the site) and Palos Verdes-Jaynes complex (3.6% of the
site).
Exhibit II.B.9: Soils highlights soil associations within the project area. According to the
NRCS Soil Survey for Pima County, the Hayhook series of soils consists of very deep,
well-drained, and moderately rapidly permeable soils on fan terraces. The soils are
formed in alluvium derived dominantly from granite, and consist of course sandy loam.
Palos Verdes-Jaynes complex series consists of a mixture of Palos Verdes and Jaynes
soils. Palos Verdes soils consist of very deep, well drained, medium runoff potential soils
on fan terraces. Palos Verdes soils are formed in mixed alluvium, and consist of gravely
sandy loam. Jaynes soils consist of deep, well drained, high runoff potential soils on fan
terraces. Jaynes soils are formed in alluvium derived from schist and/or alluvium derived
from gneiss.
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Exhibit II.B.9: Soils
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10. Viewsheds
a. Viewshed Description
i. Views from Adjacent Areas
See Exhibit II.B.10.a.1: Photo Key Map and Exhibit II.B.10.a.2: Site Photos.
ii. Potentially Blocked Views
The property is bordered mostly by vacant land with the exception of one
single family residential property located at the northwest corner of the
project site, and two single family residential properties located east of the
project site. The relatively flat topography and large setbacks ensure that
no views will be blocked by the project.
iii. Areas of High Visibility
The areas of high, medium, and low visibility can be seen on Exhibit II.B.2:
Visibility. The visibility of the site was determined during a site visit on
January 5, 2016. The visibility was determined by viewing the site from off-
site vantage points. Although the site is relatively flat, the density of the
vegetation hinders the viewer from seeing a substantial portion of the site.
The south and east portions of the site are not accessible by vehicle, and
therefore classified as low visibility areas. Portions of the property that are
bordered by Tangerine Road or Twin Peaks Road are highly visible, and
decrease in visibility the further the property is from the roadway.
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Exhibit II.B.10: Site Visibility
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Exhibit II.B.10.a.1: Photo Key Map
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Exhibit II.B.10.a.2: Site Photos
Photo 1: View looking west off the site from the
southwestern property boundary.
Photo 2: View near southwestern boundary
looking north.
Photo 3: View looking northeast from the
southwestern property boundary.
Photo 4: View near southeastern property
boundary looking north.
Photo 5: View looking north from the
southeastern property boundary.
Photo 6: View looking southwest from the
southwestern property boundary.
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Exhibit II.B.10.a.2: Site Photos (cont.)
Photo 7: View looking west from the northwestern
property boundary on Tangerine Road.
Photo 8: View looking east from the northwestern
property boundary on Tangerine Road.
Photo 9: View looking southeast from the
northwestern property boundary on Tangerine Rd.
Photo 10: View looking northwest from the
Hollywood Boulevard right-of-way.
Photo 11: View looking northeast from the
Hollywood Boulevard right-of-way.
Photos 12 View looking southeast from the
Hollywood Boulevard right-of-way.
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Exhibit II.B.10.a.2: Site Photos (cont.)
Photo 13: View looking north from the northern
property boundary perpendicular to Mountain
Centre Road.
Photo 14: View looking southwest from the
northern property boundary perpendicular to
Mountain Centre Road.
Photo 15: View looking south from the northern
property boundary perpendicular to Mountain
Centre Road.
Photo 16: View looking northeast from the
northeast portion of the site form Hollywood
Boulevard.
Photo 17: View looking west on the northeastern
portion of the site from Hollywood Boulevard.
Photos 18: View looking west on the northeastern
portion of the site from Hollywood Boulevard.
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11. Traffic and Circulation
a. Description
i. Existing and Proposed Off-Site Streets
The property is accessible from Twin Peaks Road and Tangerine Road. No off-
site roads are proposed within the scope of this project. Existing roadways within
the project area are shown on Exhibit II.B.11.a: Traffic and Circulation.
ii. Arterial Streets within One Mile of the Project Site
According to Pima County MapGuide, Twin Peaks Road and Tangerine Road
are categorized as major local roads. They are not categorized on the Pima
County Major Streets and Scenic Routes Plan (MSSRP) re-adopted on August
17, 2015. Other major local roads within one-mile of the project site according to
MapGuide are Camino De Oeste, Dove Mountain Road, and Camino De
Manana. All major local roads in the vicinity of the project site do not have plans
for expansion of the right-of-way, according to the Pima County MSSRP. Angel
Drive, Hollywood Boulevard, and St. Patrick Road are considered minor local
roads and primarily serve single-family residences within the project vicinity.
According to the Pima County Department of Transportation, there are no current
or future projects planned in the vicinity of the project site. However, the adopted
2040 Pima Association of Governments Regional Transportation Plan (PAG
RTP) lists two road improvement projects within the vicinity of the subject
property. Tangerine Road is planned for a roadway widening project to expand
the travel lanes from two lanes to a four-lane divided roadway from Interstate 10
to La Canada Drive, and Camino De Manana is planned for expansion from two
to four lanes from Interstate 10 to Tangerine Road, according to the PAG RTP.
In order to provide on-site circulation, the existing internal roadways will be
improved in accordance with the Town of Marana Subdivision and Street
Standards. Angel Drive and St. Patrick Road will be improved within the limits of
the project boundary. Additionally, an access point will be provided and improved
in alignment with Mountain Centre Road to Angel Drive to provide north-south
circulation.
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Table II.B.11.a: Roadway Inventory
Source:* Pima County Mapguide (2015), **Pima County Major Streets and Scenic Routes Plan (2011), ***Florida Department of Tra nsportation
(2007), ****Google Earth (2015)
Roadway
Segment
Road
Classification
Existing /
Proposed
Rights-
of-Way*
No.
Lanes****
Conforms
To Width
Standards**
Continuous
ROW*
Curb/
Gutter**** Capacity*** Paving****
Posted
Speed
Limit****
Tangerine
Road
Major Local
Road
100-230
feet 2-4 Yes No No 15,600 Yes 50
Twin
Peaks
Road
Major Local
Road 150 feet 4 Yes Yes No 32,900 Yes 45
Dove
Mountain
Blvd
Major Local
Road 150 feet 4 Yes Yes No 32,900 Yes 40
Camino
De Oeste
Major Local
Road 75 feet 2 Yes Yes No 15,600 Partial 25
Camino
De
Manana
Major Local
Road 60 feet 2 Yes Yes Yes 15,600 Yes 35
Angel
Drive
Minor Local
Road 60 feet 2 Yes No No 15,600 Partial 25
Hollywood
Boulevard
Minor Local
Road 60 feet 2 Yes No No 15,600 Partial 25
St. Patrick
Road
Minor Local
Road 60 feet 2 Yes Yes No 15,600 No 25
Mountain
Centre
Road
Minor Local
Road 60 feet 2 Yes No Yes 15,600 Yes 25
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Table II.B.11.b: Average Daily Trips
Source: Pima Association of Governments Traffic Count Records, 2015
b. Existing and Proposed Intersections
There are two intersections of major local roads within one mile of the project site:
Tangerine Road and Twin Peaks Road/Dove Mountain Boulevard, and Tangerine
Road and Camino De Oeste. There are a variety of proposed intersections that will
be utilized by this development. The proposed intersections include the following:
• Angel Drive/Mountain Centre Road
• Angel Drive/Twin Peaks Road
• Hollywood Boulevard/ Twin Peaks Road
• St. Patrick Road/ Tangerine Road
• Tangerine Road/ Mountain Centre Road
• Tangerine Road/ Dove Centre Road
c. Existing Bicycle and Pedestrian Ways Adjacent to the Site and Their
Connections with Arterial Streets, Parks and Schools
According to Pima County GIS, there are bike routes located on Tangerine Road,
Twin Peaks Road, and Camino De Manana (See Exhibit II.B.11.a: Traffic and
Circulation).
d. Existing Easements
There is an existing drainage easement (Docket #13425) that encroaches on the
Angel Drive R.O.W. on the western property boundary. The drainage easement
will not impact the design of Angel Drive.
Twin Peaks Road (Camino De Manana to Tangerine
Road)
10,141 (2014)
Tangerine Road (WB I-10 Frontage Road to
Thornydale Road)
6,481 (2016)
Dove Mountain Boulevard (Tangerine Road to Moore
Road)
9,772 (2012)
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Exhibit II.B.11.a: Traffic and Circulation
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12. Recreation and Trails
a. Open Space, Recreation Facilities, Parks and Trails
According to the Pima Regional Trail System (PRTS) Master Plan and the Town of
Marana’s Comprehensive Parks, Trails, and Open Space Master Plan, and as
indicated on Exhibit II.B.12.a: Parks and Trails and Table II.B.12.a: Parks and Trails
Inventory, there are several open space and recreational amenities within one-mile
of the project area.
Table II.B.12.a: Parks and Trails Inventory
Amenity Name Amenity Type Distance to Project
Site
Moore Rd Alignment (#171) Singletrack Trail ± 1 mile
Tangerine Sky Park Community Park ± 1 mile
Tangerine Greenway (#GO50) Greenway Along northern project
boundary
Dove Mountain Neighborhood
Park
Neighborhood Park ± 1 mile
El Camino de Manana Wash
(#158)
Singletrack Trail ± 0.5 miles
Tortolita Road (#176) Singletrack Trail Along western project
boundary
Prospect Wash (#163) Singletrack Trail ± 1 mile
Tortolita Preserve Preserve ± 1.5 miles
Additionally, the Tortolita State Land Reform Addition is located west of the subject
property. The Tortolita State Land Reform Addition is proposed to set aside 12,470
acres of open space and park land between the Tortolita Mountains and the Central
Arizona Project. There are a variety of active recreational areas in nearby
subdivisions, including The Preserve at Twin Peaks, Twin Peaks Estates and Twin
Peaks Vistas. A trail easement will be provided as a link to the surrounding
recreational amenities, ultimately strengthening connectivity to the regional trail
network.
Twin Peaks Crossings supports the goals of the Pima Regional Trail System Master
Plan and the Town of Marana Parks, Recreation, Trails and Open Space Master Plan
by providing a trail easement that connects the Tangerine Greenway to Twin Peaks
Road with appropriate signage. Moreover, the Twin Peaks Crossings provides future
residents with approximately ± 27.1 acres of natural undisturbed open space (NUOS)
and one-acre of active open space.
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Exhibit II.B.12.a: Parks and Trails
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13. Cultural Resources
a. General Information
According to a record search performed by the Arizona State Museum (ASM), 27
survey projects have been conducted within a one-mile radius of the project; each of
which were conducted for residential and commercial development, road
construction and improvements, archaeological research, and the installation of
water, sewer, utility and transmission lines. The entire project area was previously
surveyed. Due to the age of the previous survey, the property shall be resurveyed
and a full cultural resources report shall be submitted during the platting process and
prior to any ground disturbances.
As shown in Exhibit II.B.13.b Archaeological Records Search, seven prehistoric
artifact scatters were identified within a one-mile radius of the project area, or what
the ASM calls the area of potential effect (APE). However, no sites are crossed by
the project area.
b. Letter from Archaeologist
The ASM advises that a qualified archaeological contractor should be consulted
before any ground disturbance begins (See Exhibit II.B.13.b: Archaeological Records
Search). While parcel 216-02-007D is included in this archeological record search
letter, it should be noted that this parcel is excluded from this rezoning application.
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Exhibit II.B.13.b: Archaeological Records Search
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14. Infrastructure and Public Facilities
a. Sewer
Pima County Regional Wastewater Reclamation Department (RWRD) indicates that
this project is tributary to the Ina Road/Tres Rios Wastewater Reclamation Facility
via the Cañada Del Oro interceptor. There is capacity currently available for this
project within the public sewer (S-665-003) within manhole 5175-34 (See Exhibit
II.14.a.1: Sewer Map and Exhibit II.B.14.a.2: Wastewater Capacity Response). It
should be noted that capacity at this location will be provided by a gravity sewer line
along Twin Peaks Road and Blue Bonnet Road which is currently being worked out
with developers of the general area.
Note: While parcel 216-02-007D is included in this will-serve letter from RWRD, it
should be noted that this parcel is excluded from this rezoning application.
b. Water
According to the State of Arizona Department of Water Resources (ADWR), the
Town of Marana has been designated as having an assured water supply. As
indicated in Exhibit II.B.14.b: Water Service Letter, water service is contingent upon
water meter application, water service agreement, and water use plan approval.
Additionally, the developer is responsible for constructing an appropriate water
distribution system, as well as appropriate on-site and off-site facilities required to be
served directly by Marana Water. (See Exhibit II.B.14.b: Water Service Letter.)
Note: While parcel 216-02-007D is included in this will-serve letter from Marana
Water, it should be noted that this parcel is excluded from this rezoning application.
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Exhibit II.B.14.a.1: Sewer Map
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Exhibit II.B.14.a.2: Wastewater Capacity Response
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Exhibit II.B.14.b: Water Service Letter
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Exhibit II.B.14.b: Water Service Letter (Cont.)
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c. Fire Service
Northwest Fire District provides service to properties in the project vicinity; however,
portions of the project site are not currently included within the District’s boundary.
Currently, the closest Northwest Fire District station is located at 13001 Tortolita Road
approximately 2 miles north of the project site, west of the Dove Mountain Specific
Plan area (See Exhibit II.14.c: Public Facilities).
Before a Certificate of Occupancy can be issued for any dwelling unit on the property,
the Developer shall have completed or shall provide evidence to the Town’s
satisfaction that the Developer has made a diligent effort to complete the process of
having the property annexed into the Northwest Fire District.
d. Schools
The project site is located within the Marana Unified School District. No schools are
located within a one-mile radius of the proposed rezoning. However, there are several
schools located within a 10-mile vicinity of the project site (Refer to Exhibit II.14.c:
Public Facilities).
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Exhibit II.14.c: Public Facilities
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e. Private Utilities
Electricity, natural gas, telecommunications and cable services will be extended to
the project site at the time of development through agreements with individual utility
companies. The following utility companies currently serve this area:
• Electricity: Trico Electric Company
• Natural Gas: Southwest Gas Corporation
• Telephone/Cable: CenturyLink
15. McHarg Composite Map
Information regarding topography, hydrology, vegetation, wildlife and views has been
combined to form the McHarg Composite Map, displayed as Exhibit II.B.15. The purpose
of the McHarg Composite Map is to highlight areas that are available for development.
Refer to Section III: Land Use Plan for more information on how the site plan responds
to the site’s physical constraints.
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Exhibit II.B.15: McHarg Composite Map
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Section III
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C. Land Use Plan
1. Overview
This Twin Peaks Crossings rezoning application establishes the framework for the
development of a ± 79.1-acre property for residential and commercial uses. The Twin
Peaks Crossings is an assemblage of nine parcels (refer to Table III.C.1.a and Exhibit
III.C.1: Parcels to be Rezoned) located at the southeast corner of the Twin Peaks Road
and Tangerine Road intersection in Township 12S, Range 12E and Section 01. As shown
on the Conceptual Land Use Plan (Exhibit III.C.4), this rezoning features 154 detached
single-family residences and approximately 22.1 acres designated for neighborhood-
scaled commercial activity. Parcel 216-02-007B and the southern portion of 216-02-008G
may also be developed with attached single-family dwellings to provide an appropriate
transition between lower density residences and proposed commercial uses.
Furthermore, approximately 48.6% of the area to be rezoned to R-6 has been set aside
as open space to provide both the new residents and others in the surrounding
community recreational opportunities and views of natural open space (refer to Table
III.C.1.b Zoning Translational Table)
Table III.C.1.a: Parcels to be Rezoned
Table III.C.1.b: Translational Zoning Table
Translation Acreage
Large-Lot C to NC 22.46
Large Lot C to R-6 18.85
R-36 TO R-6 37.79
Total 79.1
Tax Assessor Parcel Acreage
216-01-004C 37.79
216-02-007B 4.80
216-02-008C 4.34
216-02-008D 8.76
216-02-008G 4.54
216-02-008H 3.30
216-02-012B 7.69
216-02-0140 4.34
216-02-016A 3.54
Total Acreage 79.1
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Exhibit III.C.1: Parcels to be Rezoned
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This Land Use Plan responds to the site analysis, technical research, and community
values through the use of regulations or controls to resolve any potential development-
related issues. Once approved, the Land Use Plan describes the planning considerations
for parcels, imposes controls on the development of such parcels and is detailed
accordingly in the final plat. The boundaries of this rezoning request are shown on Exhibit
II.B.1: Site Location. Twin Peaks Crossings is focused on achieving the following goals:
• Preserve and feature the natural beauty of the site, including the washes and
riparian areas.
• Maximize the spectacular views of the distant Tortolita Mountains and
surrounding peaks and ridges in all directions, affording off-site views from all lots
throughout the proposed community.
• Provide meaningful open space that allows for wildlife movement across the site
while preserving a significant portion of the remaining native vegetation.
• Provide buffering for existing residents in proximity to the property through the
provision of open space and a mix of residentially compatible uses.
• Provide view openings of the native Sonoran Desert to foster a sense of place
and allow for visual amenity.
2. Relationship to Adopted Plans
The vision of the Twin Peaks Crossings was developed in conformance with the Town of
Marana’s General Plan, the Marana Strategic Plan, the Twin Peak Corridor Study, and
the Town of Marana Draft Habitat Conservation Plan. The following section further
describes how the Twin Peaks Crossings conforms with each of these critical guiding
documents.
a. Marana General Plan
According to the Town of Marana General Plan Future Land Use Map, there are two
future land use designations on the site: Low Density Residential and Commercial.
The commercial designation is located closest to the Twin Peaks/Tangerine
intersection and the Low Density residential is south and east of the commercial area.
No amendments to the existing land use designations on the subject property are
requested as part of this rezoning. Designed to help meet the current and future
needs of the Town, this rezoning will adhere to goals and polices that are in line with
the Town’s General Plan.
The Twin Peaks Crossings project site is located within the Town’s Northeast Growth
Area and the Tangerine Road Special Planning Area. The Marana General Plan
outlines the type of growth planned for the Northeast Growth Area. Some key growth
features described in the Marana General Plan that the Twin Peaks Crossings
incorporates include: residential development that expands the current housing
options of the area, and commercial development that will provide residents with
nearby shopping and employment opportunities. Additionally, the Twin Peaks
Crossings provides residents with a significant amount of open space, trails and
recreational amenities.
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The Tangerine Road Special Planning Area has been identified by the Town of
Marana as a critical component in promoting economic development along the
Tangerine Road corridor. Therefore, Twin Peaks Crossings intends to concentrate
commercial development toward Tangerine Road as a means of providing residents
with commercial opportunities at a neighborhood scale while also stimulating
economic development along the corridor.
The Twin Peaks Crossings incorporates both residential and commercial
components, both of which are allowed within the Low Density Residential land use
designation per Section 5.1.8 of the 2010 General Plan. Section 5.1.8 of the Low
Density Residential land use designation states: “Commercial development is
allowed that serves the residential development with both pedestrian connectivity and
automobile access” (5-16). The commercial component of the proposed site is
configured with the intention of providing the adjacent and non-adjacent residents
with permitted neighborhood-scaled commercial opportunities as well as improved
pedestrian connectivity from Twin Peaks Road to Tangerine Road. Furthermore, the
proposed commercial uses will be designed per the Town’s Commercial Design
Standards to further enhance pedestrian connectivity and ensure compatibility with
surrounding land uses.
The Twin Peaks Crossings rezoning is consistent with the overall General Plan,
including the following highlighted goals, policies and actions:
o General Plan Goal, Land Use and Growth Element: Adopt sustainable
development as a unifying goal to secure Marana’s future
Marana’s quality of life must be sustained for many generations to come.
Conserving open space and protecting undisturbed land promotes an
increase in the general welfare and wellbeing of local residents by providing
the means for recreation, leisure and scenic views. Open space, including
natural vegetation, provides ecosystem services that reduce negative
stormwater runoff effects like erosion, protect wildlife habitat, and improve
water quality by allowing debris and pollution to deposit over undisturbed
land.
▪ General Plan Policy: Preserve and protect our natural resources in
order to promote a sustainable community.
▪ General Plan Action: Preserve the Sonoran Desert character by
evaluating appropriate site disturbance standards and preserving
native plants.
▪ Rezoning Conformance: The Twin Peaks Crossings rezoning
leaves a considerable amount of the site undisturbed, preserving at
least 45% of the native vegetation in the area zoned R-6 and
minimizing the impact on washes. Similar to the Tangerine Ridge
and Casa Sevilla Specific Plan subdivisions to the east, the
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proposed rezoning will utilize cluster development to avoid
environmentally sensitive areas and provide an open space amenity
to residents.
o General Plan Goal, Land Use and Growth Element: Provide opportunities
for diverse developments that maximize the benefits to the community
The provision of a range of housing types and affordability is necessary to
create a thriving community that can accommodate residents of varying
socio-economic classes. Diversifying housing options and providing
compatible commercial amenities nearby attracts new residents to the Town,
which in turn supports additional commercial build-out/investment.
Additionally, an influx of new residents in an area served by an adequate mix
of commercial land uses helps stimulate the local economy through basic
consumer spending.
▪ General Plan Policy: Promote new development that is compatible
with existing land uses.
▪ General Plan Action: Establish appropriate land development
designations with densities and intensities that complement existing
natural conditions and residential areas.
▪ General Plan Action: Develop guidelines for enhancing new
development and mitigating potential impacts on existing
neighborhoods.
▪ General Plan Policy: Provide opportunities for a variety of housing
types and economic levels.
▪ General Plan Action: Designate various range of residential
development densities
▪ Rezoning Conformance: Twin Peaks Crossings rezoning is located
within the Northeast Growth Area of the General Plan. The land use
designations on the property are Commercial and Low-Density
Residential, 0.5-2.0 residences per acre (RAC). The proposed
residential density is approximately 1.94 residences per acre. The
proposed rezoning will feature high-quality design and development
that is compatible with what exists in the area. According to the 2010
General Plan Land Use Designation Map, the vast majority of land
surrounding the site is either Master Plan Area or Low Density
Residential with the exception of the State Trust Land on the
southwest corner of Twin Peaks and Tangerine roads. The proposed
commercial area will complement the existing commercial
designation on the southwest corner of the intersection.
o General Plan Goal, Open Space and Trails Element: Protect and preserve
natural open space.
The vast array of wildlife species that persist along the Tortolita Mountains help
to create the unique desert landscape so beloved by those in the Town of
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Marana. Maintaining critical wildlife habitat and linkages for species movement
is an important part of their persistence in the future, especially considering that
each species has its own unique habitat requirements, migration patterns and
range.
▪ General Plan Policy: Develop a connected system of natural open
space preserves that protect wildlife habitat, wildlife linkages, and
cultural resources.
▪ General Plan Action: Preserve, protect, or conserve areas of high-
value habitat and wildlife movement linkages as identified in the
Marana Draft Habitat Conservation Plan (HCP) and the Marana
Parks, Recreation, Trails, and Open Space Master Plan.
▪ General Plan Action: Preserve Natural Undisturbed Open Space
(NUOS) to maintain wildlife access and movement within and
through development sites that are subject to discretionary land use
actions, as described in the Draft HCP.
▪ General Plan Action: Preserve and protect existing natural drainage
systems as identified in the Marana Draft HCP riparian map.
▪ General Plan Policy: Create protected continuous open space
linkages and viable wildlife corridors throughout the community.
▪ General Plan Action: Protect the viability of wildlife corridors mapped
in the Draft HCP, using innovative site planning and design.
▪ Rezoning Conformance: Twin Peaks Crossings is designed to
concentrate grading activities away from sensitive areas of the site.
Focusing development efforts away from sensitive areas such as the
washes that traverse the property, protects wildlife corridors
identified in the Town of Marana’s Habitat Conservation Plan, and
preserves native vegetation and drainage patterns. The total amount
of open space in the proposed rezoning is approximately 40.9%.
b. Marana Strategic Plan
The Twin Peaks Crossings rezoning supports the following areas of the Marana Strategic
Plan:
Commerce – Construction of the proposed community will provide jobs as well as
revenue to the Town through commercial business sales tax, construction sales tax, user
fees and development services fees.
Community – This new residential development will provide additional housing choices
in the scenic foothills of the Tortolita Mountains, attracting new residents to the Town.
Offering a range of home sizes and types to accommodate homebuyers at varying
income levels will create a diverse community, satisfying goals outlined in the Town of
Marana General Plan as well. Ultimate development of the property as a gated enclave
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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 Twin Peaks Crossings. 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 – Approximately ± 32.4 acres of open space will be provided throughout the
site including active open space (1-acre park) centrally located within the residential
development.
c. Twin Peaks Corridor Study
The Twin Peaks Corridor Study establishes design guidelines to create a cohesive
theme for the parcels along Twin Peaks Road and Camino de Mañana between Linda
Vista Boulevard and Tangerine Road. Twin Peaks Crossings is located within this area
and will adhere to the Twin Peaks Corridor Study in its entirety. This plan meets the
goals outlined in the study by:
• Providing recreational amenities and design standards that encourage the
use of desert landscaping and a color palette consistent with surrounding
development.
• Preserving the viewsheds (on- and off-site), to the extent possible, of the
surrounding natural environment.
• Incorporating necessary native desert landscaping within the proposed
development and along buffers to enhance the overall aesthetics of this
portion of the corridor.
d. Town of Marana Draft Habitat Conservation Plan
The Town’s Draft Habitat Conservation Plan (HCP) maps endangered species and
outlines conservation and mitigation strategies to prevent further endangerment. The
draft HCP has been available for public review since 2009 and was taken into
consideration during the design process of the Twin Peaks Crossings. According to
the HCP mapping, the majority of the subject property is designated within Zone 4 of
the HCP which permits for 100% disturbance, except for the southwest portion of the
rezoning area which is located within Zone 3 (30-60% developable). However,
approximately 27.7 acres (48.6%) of the property to be rezoned to R-6 Residential and
4.7 acres (21.3%) of the Neighborhood Commercial area will be set aside as open
space to continue to facilitate wildlife movement through the site.
3. Adjoining Development Compatibility
Development immediately adjacent to the proposed site is predominately a mix of vacant
land, single-family residential, multifamily housing and retail. Located within a quarter-
mile north of the subject property is Dove Mountain Master Planned Area which includes
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one-story residential subdivisions, two-story multifamily housing, and retail development.
The Dove Mountain Master Planned Area has a residential density ranging from 1.1- 1.5
residences per acre, as well as a commercial center located at the northeast corner of
Tangerine Road and Dove Mountain Boulevard.
South and east of Twin Peaks Crossings is the subdivision known as Tangerine Ridge
which is approximately 116 acres in size. Tangerine Ridge consists of 197 lots that are
an average 50’ x 120’. The gross density of Tangerine Ridge is approximately 1.68
residences per acre. Twin Peaks Crossings is compatible with the adjacent Tangerine
Ridge as it provides a similar density and nearly identical lot sizes. Additionally, Twin
Peaks Crossings provides a comparable amount of open space on the proposed R-6
acreage to that provided in Tangerine Ridge. Tangerine Ridge does not have a
commercial component.
The majority of the surrounding land adjacent to the project site remains vacant. There
are unsubdivided one-story single-family residences located on parcels adjacent to the
northern portion of the proposed project location. As depicted on Exhibit III.C.4:
Conceptual Land Use Plan, adequate landscape buffers and screen walls per the Twin
Peaks Corridor Study and the Town of Marana Commercial and Residential Design
Standards have been included to provide an appropriate transition to this development
and to preserve the privacy of the existing residences immediately adjacent to the site.
4. Conceptual Land Use Plan
The Twin Peaks Crossings conceptual land use plan responds to site-specific conditions
and environmental constraints as identified in the site analysis (refer to Exhibit III.C.4:
Conceptual Land Use Plan). The plan consists of 154 single-family residential units with
a density of approximately 1.96 residences per acre. Lot sizes will vary slightly, but the
typical lot size will be 6,000 square feet (50’x120’ minimum). Lots will accommodate both
one- and two-story homes. Primary access to the residential units will be gained from
Angel Drive via Twin Peaks or Mountain Centre Road via Tangerine Road.
The Twin Peaks Crossings also consists of approximately 22.1 acres of neighborhood-
scaled commercial uses, of which approximately 4.7 acres (21.3% of the NC area) will
consist of open space. Primary access to the commercial areas located on Tangerine
Road will be gained via the following proposed access points: Driveway ‘D’, Mountain
Centre Road, Driveway ‘C’ (Veteran’s Tract between parcels 216-02-008G and 216-02-
007B), and St. Patrick Road (refer to Exhibit III.C.4: Conceptual Land Use Plan or Exhibit
III.C.10.c: Traffic and Circulation for illustration). Mountain Centre Road will provide full
access to and from Tangerine Road for the residential area as well. The developer will
be responsible for the cost and coordination necessary to provide a westbound left-turn
lane and taper at the Mountain Centre Road median break. Two access points will be
provided to the commercial area located on Twin Peaks road (Parcel 216-02-016A).
Driveway ‘A’, located on Twin Peaks Road, will be a right-in/right out access point.
Driveway ‘B’ will be located north of the commercial area on Hollywood Blvd. Driveway
‘B’ provides access to the northern part of the commercial area and allows the integrity
of the wash and wildlife corridor located on this parcel to be preserved. There is no
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proposed access point to the commercial area located on parcel 216-02-016A from Angel
Drive or proposed Street ‘B’. Angel Drive will provide full access to and from Twin Peaks
Road to the residential subdivision and will connect to Tangerine Road via Mountain
Centre Road.
The proposed development of Twin Peaks Crossings includes setting aside a large
portion of the site as dedicated open space consisting of natural undisturbed open space
(NUOS), active open space (neighborhood park), landscape buffers, revegetated areas,
and a sandy-bottom constructed drainageway within a larger wildlife corridor described
in further detail in section III.C.8: Wildlife; the total open space value equating to
approximately 40.9% of the entire rezoning area. The project is designed such that the
integrity of the washes and wildlife corridors running through the site will largely be
preserved. Twin Peaks Crossings features a 150- to 200-foot (minimum) wildlife corridor
with three all-weather access crossings to facilitate wildlife movement from the western
property boundary to the wildlife crossing at Tangerine Road. NUOS easements and/or
proposed wildlife corridors shall be left undisturbed and in their natural desert state,
except for necessary utility installations and drainage areas, which shall be revegetated
with native species. 48.6% or 27.7 acres of the R-6 area will remain as open space with
most of that acreage consisting of NUOS (43% of the R-6 area, or 24.5 acres). See
Table III.4.1: Proposed Land Uses for a complete open space breakdown of the entire
rezoning area and separately for the R-6 and NC zoning areas. The acreage in the table
for the proposed landscape buffers is approximate given that a buffer may not be required
in areas with large open space setbacks as shown on Exhibit III.C.4.
Other areas of the development that will remain as open space include a raked-earth trail
within a ten-foot trail easement spanning from Tangerine Road to Twin Peaks Road, an
associated reflection area and a one-acre neighborhood park (Refer to Table III.4.1:
Proposed Land Uses). The 10-foot trail easement will also be extended along the west
boundary to the southwest corner of the property to further enhance trail connectivity and
integrate public pedestrian access from the proposed trail along Twin Peaks Road with
the proposed commercial areas along Tangerine Road.
This rezoning proposal will incorporate the practice of low impact development by
grouping residential properties in order to preserve open space and natural features of
the surrounding landscape. Moreover, this project will provide adequate landscape
buffers as well as appropriate screening for the less intensive uses adjacent to the site.
The Twin Peaks Crossings will be developed in accordance with the Development
Standards for R-6 Residential and NC Neighborhood Commercial as well as the
Residential and Commercial Design Standards found in Title 8 of the Land Development
Code. Additionally, the Twin Peaks Crossings will be subject to the design and
development standards prescribed in the Town of Marana Twin Peaks Corridor Study.
Permitted on-site signage will be provided for the commercial uses and an entry
monumentation to the subdivision will be located on Angel Drive.
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Table III.4.1: Proposed Land Uses
Land Use Type Area (Acres) % of Total
Residential (R-6)
• Open Space (includes proposed trails)
o Natural Undisturbed Open Space (NUOS)
within Wildlife Corridor
o Open Space within Constructed Drainage
Way (excludes constructed channel sides)
o Natural Undisturbed Open Space (NUOS)
Outside of the Wildlife Corridor
o Active Open Space (Neighborhood Park)
o Landscape Buffers
57
• 27.7
o 4.4
o 0.6
o 20.1
o 1
o 1.6
72%
• 35% (48.6% of R-6 area)
o 5.6% (7.7% of R-6 area)
o 0.8% (1% of R-6 area)
o 25.3% (35.3% of R-6 area)
o 1.3% (1.8% of R-6 area)
o 2% (2.8% of R-6 area)
Neighborhood Commercial (NC)
• Open Space (includes proposed trails)
o Natural Undisturbed Open Space (NUOS)
within Wildlife Corridor
o Open Space within Constructed Drainage
Way (excludes constructed channel sides)
o Landscape Buffers
22.1
• 4.7
o 2.6
o 0.3
o 1.8
28%
• 5.94% (21.3% of NC area)
o 3.29% (11.8% of NC area)
o 0.38% (1.36% of NC area)
o 2.27% (8.14% of NC area)
TOTAL 79.1
100%
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Exhibit III.C.4: Conceptual Land Use Plan
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5. Grading Element
The residential pads will be set at a minimum of one foot above the flood water surface,
requiring embankments of at least 2 feet from existing ground. To minimize
encroachment on the floodplains and open spaces, grouted riprap or retaining walls will
be used, which will also protect certain pads from erosion.
A Type 2 grading permit will be applied for because the development exceeds the
threshold limits.
The project average cross slope is less than 15%. Therefore, no additional allowances
are requested to reduce the slopes under Title 19 of the Land Development Code.
6. Post Development Hydrology
Offsite storm water will be conveyed through the project site within drainage
features/open space areas or via constructed channels (see Exhibit III.C.6.a: Post
Development Hydrology and Exhibit III.C.6.b: Existing Drainage Easements). The land
use plan accommodates offsite storm water within natural wash corridors aligned with
the major washes. Bank protection will be provided along the boundaries of the wash
corridors where needed to protect adjoining development from the threat of erosion.
Encroachment into the floodplain areas will occur but changes to flow velocity and
depth will stay within the project boundaries. Finished floor elevations for residential
or commercial buildings will be raised on fill (if necessary) one foot above 100-year
flood stage. Flow will be returned to the pre-development floodplain boundaries at the
downstream limit, or be directed to the culvert inlets at Twin Peaks Road. There will
not be any drainage impacts to off-site land uses upstream and downstream of the
property. A copy of the jurisdictional delineation and, if needed, a 404 Clean Water
Permit will be provided to the Town.
There are two drainage easements (docket #12407 and #12793) along Tangerine
Road. These drainage easements are already established as part of the Tangerine
Road widening. One man-made channel will be constructed as an extension of the
CP-5 channel to be constructed in conjunction with Tangerine Road. This channel will
convey flows associated with concentration points #3, 4 and 5 (a total of 1185 cubic
feet per second). The channel extension is needed to convey flows to a new culvert
beneath the access road (Mountain Centre Road); then for a sufficient distance
downstream thereof to daylight the man-made channel to the natural wash.
Potential channel locations to convey flows associated with concentration points #2,
6, 7 and 10 are also shown on Exhibit III.C.6.a: Post Development Hydrology. The
channel for concentration points #6, 7 and 10 will convey flows to the drainage
easement located on the west side of the site, docket #13425.
This project will provide on-site retention/detention in accordance with Town of Marana
policy. Stormwater flows will be detained as required for projects located within a
critical basin. It is anticipated that detention will be provided within a series of onsite
basins to be located adjoining the open space areas/natural wash corridors. More
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specifically, onsite generated stormwater will be conveyed to the on-site
retention/detention areas via the interior street network by a series of storm drains,
scuppers, curb openings, etc., which will be designed during the subdivision platting
process. Onsite stormwater conveyance will adhere to current Town of Marana
development standards and applicable basin management plans. All building pads will
be designed to be a minimum of 1 foot above adjacent 100-year flood elevations. The
project will require a master drainage plan during the platting process. A Conditional
Letter of Map revision (CLOMR) and a Letter of Map Revision (LOMR) will be required
to revise the Post-project FEMA flood hazard limits.
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Exhibit III.C.6.a: Post Development Hydrology
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Exhibit III.C.6.b: Existing Drainage Easements
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7. Vegetation
a. Conceptual Land Use Plan Response to Vegetation
The conceptual land use plan is designed to minimize disturbance of the natural
vegetation by focusing residential development away from wash areas. These wash
areas contain the areas of highest vegetation density on the site. Open space areas
will also be preserved in the center of the residential development. These central
open space areas will preserve additional vegetation on site.
b. Title 17.02 Marana Land Development Code
The conceptual land use plan will comply with the Native Plant Protection
requirements of Title 17.02 of the Land Development Code. Since approximately 43
percent of the R-6 area (30.9 percent of the entire rezoning area, independent of
NUOS in the NC areas) is preserved as natural undisturbed open space outside of
the proposed constructed drainage way, it is likely that this project will utilize the Set
Aside Methodology to comply with the required Native Plant Program. The Native
Plant Preservation Plan (NPPP) shall be prepared in accordance with the provisions
set forth in the Town of Marana Land Development Code.
c. Landscape and Buffering
The overall landscape theme for the Twin Peaks Crossings will comply with the Twin
Peaks Corridor Study and will reflect the natural attributes of the Sonoran Desert and
the site’s surrounding environment. Native and desert-adapted plant materials as
well as regionally appropriate hardscape materials will be used within the landscape
buffers and common areas. Per the Twin Peaks Corridor Study, areas with deep
setbacks such as the R-6 Residential proposed along the west boundary as well as
the proposed homes on the east side, north of Angel Drive, will consist of NUOS.
Buffers will conform with the Twin Peaks Corridor Study which requires that
landscaped buffer yards shall be a minimum depth of 20' with a target screening
effect of approximately seventy-five percent of the objects behind the buffer yard. The
commercial areas along Twin Peaks and Tangerine roads will provide the minimum
20-foot landscape buffer per the Town’s Commercial Design Standards which allows
for 50% of the required buffer width to be located within the public ROW with an
approved License Agreement.
The 20-foot landscape buffer for the Neighborhood Commercial along Twin Peaks
and Tangerine roads will provide a target screening effect of approximately 75% of
the commercial uses behind the buffer, per the Twin Peaks Corridor Study.
Vegetation along Twin Peaks Road will be in conformance with the plant species and
sizes outlined in the Twin Peaks Corridor Study. The perimeter of all parking lots will
be screened from adjacent streets, residences and other adjacent uses in
accordance with the Town’s Commercial Design Standards. In the instance where
residential uses develop adjacent to other residential uses, a 20-foot perimeter
landscape buffer and a 5-foot screen wall will be provided. In the instance where
Neighborhood Commercial uses develop adjacent to residential uses, a 25-foot
perimeter landscape buffer and 5-foot screen wall will be provided. The area east of
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the proposed park and extension of Mountain Centre Road to Angel Drive is an
approximately 98-foot NUOS buffer. Vegetation sizes and quantities will be per Title
17.03 of the Land Development Code. All buffers will comply with Title 17.03 of the
Land Development Code.
A 5’ screen wall/view fencing is proposed along the rear lot line of residential lots. A
5’ decorative masonry wall is required when residential lots are adjacent to rights-of-
way and common areas. A 3-foot decorative screen wall will be required along the
commercial frontage on Twin Peaks Road and Tangerine Road to mitigate sound,
visibility, and headlight trespass. Decorative masonry walls will consist of material
variations, but are not limited to, the integration of split-faced block or other
distinguished material, as well as color variations, vertical and horizontal articulation,
etc.
Vegetation sizes and quantities will be in accordance with Title 17.03 of the Town of
Marana Land Development Code. Most significant vegetation found on-site is within
the washes which have been largely preserved with the exception of minor
encroachments as depicted on Exhibit III.C.4: Conceptual Land Use Plan. As part of
the final platting process, a native plant inventory will be prepared for the entire site
to ultimately identify the vegetation to be preserved in-place or transplanted on-site.
The development will also feature drought tolerant landscaping, which further
increases how well the project fits within the context of lower density surrounding
development in this arid region.
d. Cross Sections
Exhibit III.C.7.d: Landscape Buffer Cross Sections illustrates the proposed landscape
buffers along the perimeter of the property as well as the buffer treatment between
commercial and residential uses.
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Exhibit III.C.7.d: Landscape Buffer Cross Sections
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8. Wildlife
a. Conceptual Land Use Plan Response to Wildlife
By preserving the major wash corridor on-site and other open space areas between the
R-6 residential lots, the primary wildlife corridor through the property is also protected.
The proposed primary natural undisturbed open space corridor on-site provides ample
visual and acoustical buffering for wildlife traversing the site. This NUOS corridor and
all other NUOS areas shall be protected during grading and construction activities by
fencing and flagging.
As demonstrated on Exhibit III.C.4: Conceptual Land Use Plan, the site features a 150-
foot to 200-foot (minimum) wildlife crossing that traverses the site from the eastern
output of the medium wildlife crossing adjacent to the parcel identified as #216-02-016A
to a new wildlife crossing under Tangerine Road. There will be three roadway crossings
for wildlife located within the boundaries of Twin Peaks Crossings. Please refer to
Exhibit III.8.a: Conceptual Wildlife Crossings for location and configuration of each
crossing. All wildlife crossings will be all-weather access. The final delineation of the
wildlife corridor across APN: 216-02-016A will be determined at the time the site is
configured for development plan approval, but the minimum width must be at least 150
feet east-west across the parcel. The corridor width north of Hollywood Boulevard must
be a minimum of 200 feet. Although the corridor is depicted conceptually on Exhibit
III.C.4, the final delineation will be determined at the time of development plan
preparation. Wildlife corridors shall not be disturbed except where necessary for road
crossings, utilities and drainage infrastructure. The sides of the constructed
drainageway will consist of shotcrete or similar material easily traversable by wildlife
and shall not exceed 5:1 slope. The channel bottom shall remain natural. A
Homeowners Association regulated by the CC&R's shall manage all open space and
undeveloped areas on the R-6 residential area. Open space on the NC areas will be
dedicated to the applicable entity at time of development plan.
Thirty days before grading, a 100% area survey must be completed by a qualified
wildlife biologist for the Sonoran Desert Tortoise with a copy of the survey form sent to
the Town prior to issuance of a grading permit.
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Exhibit III.C.8.a: Conceptual All-Weather Wildlife Crossings
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9. Viewsheds
a. Mitigation to Minimize Viewshed Impacts
Most of the project area abuts vacant land. However, lots 19 and 20, 38, 130-132, 136
and 146-150 as shown on the Conceptual Land Use Plan have been designated as
single story to minimize any potential viewshed impacts from adjacent properties or
roadways. A ± 98-foot buffer and a five-foot screen wall has been provided to minimize
any potential viewshed impacts to the existing home to the east which is approximately
119 feet from the east property line. The wide, open space corridor and natural
perimeter buffer areas mitigate the project's minimal viewshed impacts from Twin Peaks
Road and adjacent uses. The trail reflection area fronting onto Twin Peaks will also
provide visual relief as an attractive focal point along the roadway. Significant buffer
widths and enhanced vegetative screening have been provided to soften the view
impacts of this development and increase the visual aesthetics from the adjacent
properties, Twin Peaks Road and Tangerine Road.
b. Areas of High Visibility
Extraordinary views are not available from or across the property due to existing
vegetation and relatively flat topography coupled with significant distances to
surrounding mountain ranges.
10. Traffic and Circulation
Primary ingress/egress to the residential portion of the property is proposed via Angel
Drive, which is approximately 1,300 feet south of Tangerine Road. A 30-foot right-of-way
dedication will need to occur before the final platting to complete the 60-foot right-of-way
requirement for Angel Drive. An additional access point will be available within a
proposed 42-foot right-of-way located at the Mountain Centre Road alignment off
Tangerine Road, approximately 1,300 feet east of Twin Peaks Road. This proposed
roadway will serve as a secondary access point for the proposed residential lots and as
one of the primary access points for the proposed commercial uses.
Additional ingress/egress points will be provided along Tangerine Road in alignment with
Dove Centre Road, St. Patrick Road and the Veteran’s Tract between parcels identified
as 216-02-008G and 216-02-007B (refer to Driveway ‘D’, full access at St. Patrick Road
and Driveway ‘C’, respectively, on Exhibit III.C.10.c: Traffic and Circulation). One access
point will be provided onto Hollywood Boulevard and another south of the wash that
bisects the parcel identified as 216-02-016A (refer to Driveway ‘B’ and Driveway ‘A’,
respectively on Exhibit III.C.10.c: Traffic and Circulation).
The proposed ingress/egress points at Twin Peaks Road and Angel Drive, Mountain
Centre Road and Tangerine Road, and St. Patrick Road and Tangerine will be full
access. All remaining access points will be right-in/right-out only except for Driveway B,
which will also provide full access to and from Hollywood Boulevard. Hollywood
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Boulevard does not allow for southbound left-turns onto Twin Peaks Road. Proposed
Street ‘B’ will not provide access to the adjacent commercial area located on parcel 216-
02-016A. Access to this parcel is via Driveway ‘A’, and ‘B’ and is illustrated on Exhibit
III.C.10.c: Traffic and Circulation. The westbound left-turn lane on Tangerine Road onto
Mountain Centre Road will need to be constructed in order to facilitate full-access at this
location. A westbound median break, left-turn bay and taper at St. Patrick Road is
included in the Tangerine Road widening plans.
Pedestrian circulation will be provided via sidewalks along the major internal roadway of
the project as required by the Town of Marana Subdivision Street Standards. Additional
pedestrian circulation will be provided from Twin Peaks Road to Tangerine Road via the
proposed 10-foot trail easement. Bicycle circulation to the site will be provided along Twin
Peaks Road and Tangerine Road via shared use paths along both roadways. The 10-
foot path to be constructed along Angel Drive will further enhance bike and pedestrian
connectivity for future residents of this community and Tangerine Ridge. Sun Tran Bus
Stop #16032 is also approximately 1.6 miles away from the project site.
All streets will remain publicly owned. However, if an agreement is established between
the developer of the Twin Peaks Crossings, the Developer of Tangerine Ridge and
existing residents who utilize Angel Drive, gated entries may be incorporated at Angel
Drive and Mountain Centre Road to access the proposed residential uses and Tangerine
Ridge.
Angel Drive will ultimately be built as a modified Town Commercial/Industrial street. The
final street sections within the project site will - include a 5-foot-wide sidewalk abutting
the back of curb except for Angel Drive. Angel Drive will be developed to include a 5-foot-
wide sidewalk on the north side and a 10-foot asphalt path on the south side to remain
consistent with the rezoning conditions in Ordinance No. 2014.015. As indicated in
Exhibit III.C.10.a: Proposed Cross Sections the northern 30-feet of the right-of-way and
the 5-foot sidewalk is to be provided by the developer of Tangerine Ridge. Mountain
Centre Road and the internal subdivision cross-sections will be built to Town of Marana
standards (see Exhibit III.C.10.a: Proposed Cross Sections). In the event an alternative
street section is desired, a design exception request and approval will be required during
the tentative subdivision plat process.
Combined with Tangerine Ridge site trips, there will be about 265 peak hour (PM) trips
on Angel Drive and 270 peak hour (PM) trips on Mountain Centre Road. These are not
significant peak hour volumes and the Tangerine Ridge subdivision traffic will not
negatively impact the circulation of the Twin Peaks Crossings development. The
intersection of Angel Drive/Mountain Centre (or whatever the future name of the
extension of Mountain Centre to the south will be) will be stop sign controlled on the north
and south legs. The Twin Peaks Crossings TIA found that a northbound right turn lane is
warranted at the Twin Peaks/Angel Drive intersection and an eastbound right turn lane
is warranted at Tangerine/Mountain Centre, due to the combined peak hour volumes
produced by both developments. Exhibit III.10.b: Angel Drive and Tangerine Ridge
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Interface details the stop-sign controlled intersection on Angel Drive at the Tangerine
Ridge entrance.
Interstate 10 can be accessed by traveling west from the property on Tangerine Road
approximately five miles, or by traveling south/southwest on Twin Peaks Road for
approximately four miles. North/south movements can be made by utilizing Twin Peaks
Road, Camino de Oeste, or Thornydale Road. East/west travel will primarily be done on
Tangerine Road.
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Exhibit III.C.10.a: Proposed Cross Sections
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Exhibit III.10.b: Angel Drive and Tangerine Ridge Interface
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Exhibit III.C.10.c: Traffic and Circulation
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11. Public Utilities
As shown on Exhibit II.B.3.c: Existing Land Uses, there are three wells, Arizona
Department of Water Resources (ADWR) Registry Identification numbers 506217,
636676 and 651287 located on the site or within 100-feet of the site. The water supply
for the proposed development will be provided by Marana Water, which has been
designated by the ADWR as having an assured water supply; therefore, water supply
is assured. It is anticipated that parcel 216-02-008G will retain use of private well
651287 in conjunction with Marana Water service and will be required to have a
backflow on the potable water service. As noted in, Exhibit II.B.14.b: Water Service
Letter, a water service agreement based on approved water plans is required to
establish service to the property. Off-site improvements to connect to the existing
system will need to be considered along with the infrastructure to serve the proposed
development.
The Pima County Regional Wastewater Reclamation Department (RWRD) has
indicated that there is capacity available in the existing 8-inch public sewer line (S-665-
003), downstream from manhole #5175-34 (See Exhibit II.B.14.a.1: Sewer Map and
Exhibit II.B.14.a.2: Wastewater Capacity Response). RWRD has begun a Capital
Improvement Project (3TPBBS, Twin Peaks – Blue Bonnet Sewer) for a gravity sewer
line along Twin Peaks Road and Blue Bonnet Road to serve the proposed project and
other future projects in the vicinity.
A 30-foot wide public sewer easement shall be provided along the rezoning area's
western boundary for the future public gravity sewer line located adjacent to the Twin
Peaks Road right-of-way. A 20-foot wide public sewer easement shall be provided at
the southeastern corner of the rezoning area and perpendicular to the rezoning area's
eastern boundary to allow for the conveyance of flows from the Tangerine Ridge
development east of the rezoning area to future public gravity sewer in Twin Peaks
Road.
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 site.
According to the company website, the proposed site currently is in the CenturyLink
telephone service area. 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 subject property.
Electricity, natural gas, telecommunications and cable services will be extended to the
project site at the time of development through agreements with individual utility
companies.
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A number of private sanitation service providers may be contracted to serve the site
with comprehensive trash and waste removal, recycling and environmentally safe
waste management services.
12. Public Service Impacts
a. Police Service
The project site will utilize the Town of Marana’s police service. The nearest Town of
Marana police station is the Town of Marana Police Headquarters located
approximately 9 miles west of the project site at 11555 West Civic Center Drive.
b. Fire Service
Seven of the nine project area parcels have been annexed into the Northwest Fire
District. Parcels identified as 216-02-012B and parcel 216-02-007B are currently
undergoing annexation. The Northwest Fire District also serves immediately adjacent
areas to the north, south, east and west of the site.
As depicted in Exhibit II.14.c: Public Facilities, the nearest fire station (Northwest Fire
District Station #337) is located at 13001 N. Tortolita Road, approximately 1.5 miles
north of the project site.
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c. Schools
It is anticipated that this project will generate approximately 154 single family residential
units if fully developed at the target residential densities. The proposed rezoning 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 154) = 39 students
Junior High & High School: 0.10 students per home (0.10 x 154) = 16 students
MUSD does not distinguish between different housing community types. Given the
target market for the proposed rezoning, these estimates are likely high.
There are no schools located within one-mile of the project site. Ironwood Elementary
School is located approximately 5.5 miles southeast at 3300 West Freer Drive and
serves grades K-6. Tortolita Middle School is located approximately 6 miles southeast
of the subject property and serves grades 7-8. Mountain View High School is located
southeast approximately 4.5 miles from the site and serves grades 9-12.
See Exhibit II.14.c: Public Facilities.
13. Recreation and Trails
The proposed project includes the provision of approximately 27.1 acres of natural
undisturbed open space within the project boundary, accounting for ±34% of the overall
area. A one-acre- neighborhood park is proposed at the northwest intersection of Angel
Drive and Mountain Centre Road. The purpose of this neighborhood park is to provide
residents of the development with passive and active recreational activities, foster
neighborhood interaction and serve users of all ages within the community. The proposed
neighborhood park will adhere to the guidelines and park standards set forth by the Town
of Marana’s Parks & Recreation Master Plan for neighborhood parks. Although specific
facilities and amenities will not be decided upon until platting, the proposed neighborhood
park will provide residents with a range of recreational activities within walking distance.
Possible amenities include multi-use fields, courts, play structures, picnic/ramada space
as well as other features outlined in the Town of Marana’s Parks & Recreation Master
Plan. Per the Town of Marana’s Parks & Recreation Master Plan, on-site motor vehicle
parking is an optional element for neighborhood parks, however there must be vehicular
access from a local street and bicycle parking available.
The developer of Twin Peaks Crossings will be responsible for the construction of the
neighborhood park, which will occur when approximately one-half (50%) of the residential
building permits in Twin Peaks Crossings have been issued.
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A ten-foot meandering trail easement has been provided spanning from the southwestern
property line along Twin Peaks Road through the open space corridor and extending to
Tangerine Road. Additionally, a reflection area will be provided off Twin Peaks Road for
trail users. The reflection area will provide at a minimum bench seating and landscape
plantings to offer respite for those recreating along the Twin Peaks Corridor. The
developer of Twin Peaks Crossings will be responsible for the construction of a raked-
earth trail between the reflection area and Tangerine Road within the 10-foot easement.
The trail will be constructed when approximately one-third (33%) of the residential
building permits in Twin Peaks Crossings have been issued, and the maintenance of the
trail will be the responsibility of the Twin Peaks Crossings HOA. The developer is not
responsible for construction of the trail segment along Twin Peaks Road from the
reflection area to the southwest corner of the rezoning area. The extension of the 10-
foot trail easement from the reflection area to the southwest corner is to accommodate
future trail connectivity with properties to the south.
14. Cultural, Archaeological and Historic Resources
The Arizona State Museum archaeological site database was consulted, which includes
records for previously conducted surveys and previously recorded sites in the project
area.
The records search showed that the entire site and portions of the site were surveyed as
part of 26 previous survey projects conducted within a one-mile radius of the project area
between 1979 and 2015; however, the northern portion of the project area has not been
surveyed in 13 to 35 years. According to ASM, seven archaeological sites have been
identified within a one-mile radius of the project area, none of which fall within the
boundaries of the project. The ASM recommends that a qualified archaeologist revisit
the previously identified sites to assess their current condition and survey the remainder
of the site to identify any other possible unknown historic sites.
The presence of cultural resources within the project boundaries will necessitate a
Preconstruction Notice to the Army Corps of Engineers. 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. A full cultural resource report will be
submitted during platting and prior to any ground disturbances.
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A. Bibliography
Aerial Photographs, National Agriculture Imagery Program, 2016.
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 and 2017.
Pima Regional Trail System Master Plan, revised May 2012.
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B. Heritage Data Management System (HDMS) Report
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TANGERINE
ANGEL
MIGITTYNEW S
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TWIN PEAKSHOLLYWOOD
MEDITATION
CAMINO DE MANANADOVE MOUNTAINGOLDEN MIRRORDO
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WILD DESERT SAINT PATRICKMOUNTAIN CENTRETANGERINE RD
TWIN PEAKS RDData Disclaimer: The Town of Marana provides this map information"As Is" at the request of the user with the understanding that it is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In noevent shall The Town of Maranabecome liable to users of these data, or any other party, for any loss or direct, indirect, special, incidental, or consequential damages, including but not limited to time, money, or goodwill, arising from the use or modification of the data.
Tw in Pe aks Cro ssin gsRe zo n e
°
A re que st to re zo n e appro ximate ly 79.1 acre s o f lan d; 37.79 acre s fro mR-36 (Sin gle -Family Re side n tial) to “R-6” (Sin gle -Family Re side n tial),22.46 acre s fro m “C” Large Lo t Zo n e to “NC” (Ne ighbo rho o d Co mme rcial),an d 18.85 acre s fro m “C” (Large Lo t Zo n e ) to “R-6” (Sin gle -FamilyRe side n tial).
Case No . PCZ1610-001
Dove Mountain
Tangerine RidgeSubject Property
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