HomeMy WebLinkAbout02/18/2014 Council Agenda Packet
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, February 18, 2014, 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 February 18, 2014, at or
after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center
Drive, Marana, Arizona.
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions
to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics.
As a courtesy to others, please turn off or put in silent mode all pagers and cell phones.
Meeting Times
Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third
Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change
and additional meetings may be called at other times and/or places. Contact the Town Clerk or watch for
posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a
case a new agenda will be posted in place of this agenda.
Speaking at Meetings
If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill
out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior
to the convening of the meeting.
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,
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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.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Recent Actions. For
questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-
1999, Monday through Friday from 8:00 AM to 5:00 PM.
This Notice and Agenda Posted no later than Monday, February 17, 2014, 7:00 PM, at the Marana Municipal
Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at
www.marana.com on the Town Clerk page under Agendas, Minutes and Recent Actions.
REGULAR COUNCIL MEETING
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE
APPROVAL OF AGENDA
CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any issue within the
jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The
speaker may have up to three minutes to speak. Any persons wishing to address the Council must
complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to
the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be
provided with electronic technology capabilities beyond the existing voice amplification and recording
capabilities in the facilities and the Town's overhead projector/document reader. Pursuant to the Arizona
Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may
respond to criticism made by those who have addressed the Council, and may ask staff to review the
matter, or may ask that the matter be placed on a future agenda.
PROCLAMATIONS
General Aviation Appreciation Month
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.
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C 1: Resolution No. 2014-011: Relating to Development; adopting a notice of intent to
enter into the San Joaquin Pre-Annexation Development Agreement, a retail development
tax incentive agreement for the proposed development of land located immediately north of
the intersection of Twin Peaks Road and Tiffany Loop (Frank Cassidy)
C 2: Approval of January 28 and February 4, 2014 Council Meeting Minutes (Jocelyn C.
Bronson)
LIQUOR LICENSES
L 1: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor
Licenses and Control regarding a special event liquor license application submitted by
Francisco Rodriquez on behalf of the Marana Heritage Conservancy for Marana Founders
Day to be held on March 8, 2014. (Jocelyn C. Bronson )
BOARDS, COMMISSIONS AND COMMITTEES
B 1: Resolution No. 2014-012: Relating to Boards, Commissions and Committees;
Reappointing Phyllis Farenga, Thomas Hochard, and John McIntyre to the Board of
Adjustment (Ryan Mahoney)
COUNCIL ACTION
A 1: PUBLIC HEARING: Ordinance No. 2014.002: Relating to Development;
approving a rezoning of approximately 23.9 acres of land from ‘C’ (Large Lot Zone) and
‘E’ (Transportation Corridor Zone) to ‘HI’ (Heavy Industry) for the Marana Technology
Campus located on the southwest corner of Tangerine Road and Breakers Road (Robert
Clements)
A 2: Resolution No. 2014-013: Relating to Development; approving the Twin Peaks
Corridor Study as a guide for new development in the Twin Peaks Corridor. (Ryan
Mahoney)
A 3: PUBLIC HEARING: Ordinance No. 2014.003: Relating to Development;
approving a rezoning of approximately 26 acres of land located west of Twin Peaks Road,
south of Potvin Lane, and east of Decker Drive from ‘R-36’ (Residential) to ‘F’ (Specific
Plan) for the purpose of creating the Twin Peaks Vista Specific Plan and approving a minor
amendment to the General Plan (Jenna Reilly)
A 4: PUBLIC HEARING: Ordinance No. 2014.004: Relating to Development;
approving a rezoning of approximately 100 acres of land located east of Camino de
Mañana and approximately a quarter mile north of Lambert Lane from ‘R-36’ (Residential)
to ‘F’ (Specific Plan) for the purpose of creating The Preserve at Twin Peaks Specific Plan;
and approving a minor amendment to the General Plan (Brian Varney)
A 5: Resolution No. 2014-014: Relating to Development; authorizing Town staff to
execute and record any documentation necessary to remove the 2003 Development
Agreement between the Town of Marana and Spare Time Family Entertainment Center,
L.L.C. from the affected property’s title (Frank Cassidy)
A 6: PUBLIC HEARING: Ordinance No. 2014.005: Relating to Utilities; amending
the Town of Marana comprehensive fee schedule by successively increasing the water base
fee, water consumption rates, and groundwater resource/acquisition fee for all Marana
residential and non-residential water customers effective April 1, 2014, January 1, 2015,
January 1, 2016, and January 1, 2014; and by increasing the monthly wastewater service
fee and the wastewater volume charge for all Marana residential and non-residential
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wastewater customers effective April 1, 2014
Resolution No. 2014-015: Relating to Utilities; declaring as a public record filed with the
Town Clerk the amendments adopted by Ordinance No. 2014.005, amending the Town of
Marana comprehensive fee schedule by successively increasing the water base fee, water
consumption rates, and groundwater resource/acquisition fee for all Marana residential and
non-residential water customers effective April 1, 2014, January 1, 2015, January 1, 2016,
and January 1, 2014; and by increasing the monthly wastewater service fee and the
wastewater volume charge for all Marana residential and non-residential wastewater
customers effective April 1, 2014 (John Kmiec)
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: Relating to Legislation and Government Actions; Discussion and possible action
regarding all pending state, federal, and local legislation/government actions and on recent
and upcoming meetings of other governmental bodies (Gilbert Davidson)
EXECUTIVE SESSIONS
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will
not be open to the public, to discuss certain matters.
E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for
discussion or consultation for legal advice with the Town Attorney concerning any matter
listed on this agenda.
FUTURE AGENDA ITEMS
Notwithstanding the mayor’s discretion regarding the items to be placed on the agenda, if three or more
Council members request that an item be placed on the agenda, it must be placed on the agenda for the
second regular Town Council meeting after the date of the request, pursuant to Marana Town Code
Section 2-4-2(B).
ADJOURNMENT
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, February 18, 2014, 7:00 PM
To: Mayor and Council Item C 1
From: Frank Cassidy, Town Attorney
Strategic Plan Focus Area:
Commerce
Strategic Plan Focus Area - Additional Information:
Initiative 5, strategy a.ii. Complete annexation of Twin Peaks interchange area
Subject: Resolution No. 2014-011: Relating to Development; adopting a notice of intent to enter into
the San Joaquin Pre-Annexation Development Agreement, a retail development tax incentive
agreement for the proposed development of land located immediately north of the
intersection of Twin Peaks Road and Tiffany Loop
Discussion:
Since May 2011, Town staff has been working toward implementation of the Town's strategic plan goal
to complete annexation of the Twin Peaks interchange area by negotiating the terms of a possible pre-
annexation and development agreement with the owners of the land located immediately north of the
intersection of Twin Peaks Road and Tiffany Loop. Those negotiations have led to the creation of the
draft San Joaquin Pre-Annexation Development Agreement presented today. It provides for the
reimbursement of public infrastructure and utility costs incurred to develop the San Joaquin site out of a
portion of the sales tax proceeds generated from the property.
The final version of this agreement is anticipated to be presented to the Town Council for consideration
and possible adoption on March 4, 2014. The financial terms of the final version of the agreement are
expected to be identical to the financial terms set forth in the draft attached as part of these agenda
materials. However, town staff and property owner representatives continue to discuss the permitted
uses of the property after annexation, so there will likely be revisions to the "Conditional Uses Upon
Annexation" addressed by paragraph 2 of the agreement.
The sales tax reimbursements make the San Joaquin Pre-Annexation Development Agreement a "retail
development tax incentive agreement" under Arizona law (A.R.S. § 9-500.11). Paragraph K of that
statute requires the Town to adopt a notice of intent to enter into a retail development tax incentive
agreement at least 14 days before approving it. This item is presented to carry out that statutory
requirement.
Financial Impact:
By moving forward with the retail development tax incentive agreement, the Town will incur an $800
cost to obtain an independent third party verification that the proposed tax incentive provided in the
agreement is anticipated to raise more revenue than the amount of the incentive within the duration of
the agreement.
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ATTACHMENTS:
Name:Description:Type:
Reso 2014-
011 San Joaquin.doc Reso 2014-011 Resolution
AGT San Joaquin TPTI PADA
(00029122-6).docx
AGT San Joaquin PADA 20140203 Draft Backup Material
Staff Recommendation:
Town staff recommends adoption of Resolution 2014-011, giving notice of the Town's intention to enter
into the San Joaquin Pre-Annexation Development Agreement, a retail development tax incentive
agreement.
Suggested Motion:
I move to adopt Resolution 2014-011, giving notice of the Town's intention to enter into the San Joaquin
Pre-Annexation Development Agreement, a retail development tax incentive agreement.
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Resolution No. 2014-011 2/3/2014 11:36 AM
MARANA RESOLUTION NO. 2014-011
RELATING TO DEVELOPMENT; ADOPTING A NOTICE OF INTENT TO ENTER INTO
THE SAN JOAQUIN PRE-ANNEXATION DEVELOPMENT AGREEMENT, A RETAIL
DEVELOPMENT TAX INCENTIVE AGREEMENT FOR THE PROPOSED DEVELOPMENT
OF LAND LOCATED IMMEDIATELY NORTH OF THE INTERSECTION OF TWIN PEAKS
ROAD AND TIFFANY LOOP
WHEREAS Town staff has negotiated the terms of the San Joaquin Pre-Annexation
Development Agreement, a proposed retail development tax incentive agreement for the
proposed development of land located immediately north of the intersection of Twin Peaks Road
and Tiffany Loop; and
WHEREAS A.R.S. § 9-500.11(K) requires a city or town to adopt a notice of intent to
enter into a retail development tax incentive agreement at least 14 days before approving the
agreement; and
WHEREAS the current draft of the proposed San Joaquin Pre-Annexation Development
Agreement is available for public viewing online or in hard copy as part of the Council agenda
packet for the Marana Town Council’s February 18, 2014 meeting; and
WHEREAS Town staff plans to bring the proposed San Joaquin Pre-Annexation
Development Agreement to Town Council for its consideration at the March 4, 2014 meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Town of Marana hereby issues this notice of intent
to enter into the San Joaquin Pre-Annexation Development Agreement, a retail development tax
incentive agreement, at the March 4, 2014 Marana Town Council meeting.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18th day of February, 2014.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
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SAN JOAQUIN PRE-ANNEXATION DEVELOPMENT AGREEMENT
TOWN OF MARANA, ARIZONA
THIS PRE-ANNEXATION DEVELOPMENT AGREEMENT (this “Agreement”) is made and
entered into by and between the TOWN OF MARANA, an Arizona municipal corporation
(the “Town”), and SAN JOAQUIN LAND INVESTMENTS, L.L.C., an Arizona limited liability
company (the “Owner”). The Town and the Owner are sometimes collectively referred
to as the “Parties,” either one of which is sometimes individually referred to as a “Par-
ty.”
RECITALS
A.The Owner is the current owner of a parcel of land located in an unincorporated
island of Pima County, Arizona, at the northeast corner of the intersection of Twin
Peaks Road and Tiffany Loop bearing Pima County Assessor’s parcel number
226-15-015A and referred to in this Agreement as the “Owner’s Land,” depicted in
Exhibit A attached to and incorporated by this reference in this Agreement.
B.The Owner’s Land is zoned “CB-2” General Business (the “Existing Zoning”) in
Pima County, without conditions or restrictions.
C.Subject to the terms and conditions of this Agreement, the Owner seeks an ord i-
nance annexing the Owner’s Land into the Town’s municipal limits.
D.Upon such annexation, the Town will apply a Town of Marana zoning designa-
tion to Owner’s Land (the “Town Equivalent Zoning”) that permits densities and uses
no greater than those permitted by the Existing Zoning, consistent with the provisions
of this Agreement.
E.The Town’s General Plan designates the anticipated future land use of the Own-
er’s Land as “Industrial,” and some of the land in the vicinity of the Owner’s Land is
currently zoned for industrial uses.
F.Immediately east of and adjacent to the Owner’s Land, the Town owns a remnant
of land located in unincorporated Pima County, Arizona at the northwest corner of the
intersection of Twin Peaks Road and Interstate 10, depicted in Exhibit A attached to and
incorporated by this reference in this Agreement, and referred to in this Agreement as
the “Town Remnant Parcel.”
G.The Town Remnant Parcel was part of a larger parcel of land bearing Pima Coun-
ty Assessor’s parcel number 226-15-0130, acquired by the Town for the construction of
the Twin Peaks Traffic Interchange project pursuant to the Intergovernmental Agree-
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ment between the State of Arizona and the Town dated August 1, 2007, JPA File No.
06-148 (the “Marana/ADOT IGA”).
H.The Marana/ADOT IGA requires the Town to transfer to the Arizona Depart-
ment of Transportation (ADOT) all highway right-of-way as designated in the Mara-
na/ADOT IGA.
I.The Town Remnant Parcel is the portion of Pima County Assessor ’s parcel num-
ber 226-15-0130 remaining in the Town’s ownership after transfer of highway right-of-
way to ADOT pursuant to the Marana/ADOT IGA.
J.The Owner may seek to acquire the Town Remnant Parcel through a competitive
public bidding process, and if so, may choose to include the Town Remnant Parcel in a
single unified development with the Owner’s Land.
K.The Town desires to consider annexing the Owner’s Land in accordance with ap-
plicable law and the terms and conditions of this Agreement.
L.The Parties neither desire nor intend for this Agreement in any way to affect, hin-
der, or interfere with the ability of the Town Council to approve or reject the ordinance
to annex the Owner’s Land.
M.The Parties anticipate that the Owner will develop the Owner’s Land and, if ap-
plicable, the Town Remnant Parcel into a single unified development project containing
one or more hotels, retail uses, fast food facilities, restaurants, appropriate signage and
any other uses consistent with the Town Equivalent Zoning and this Agreement (the
“Development”).
N.The Town and the Owner desire to establish certain agreements regarding the
Development pursuant to A.R.S. § 9-500.05 and certain agreements in connection with
development activities for the economic benefit of the Town pursuant to A.R.S.
§ 9-500.11 upon and in accordance with the terms and conditions set forth in this
Agreement.
O.The Development is consistent with the Town’s long-term economic develop-
ment strategies and is expected to create a source of significant tax revenue for the
Town for many years.
P.The Development will have a substantial positive economic impact on the Town
because it is expected to provide commercial and retail opportunities consistent with
the businesses targeted by the Town.
Q.The Development is in compliance with the Town’s adopted and approved Gen-
eral Plan (as defined in A.R.S. § 9-461).
R.The Town is authorized by A.R.S. § 9-500.05 to enter into a development agree-
ment with a landowner or other person or entity having an interest in real property
located or to be located within the Town to facilitate development of the property by
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providing for, among other things, the conditions, terms, restrictions, and requirements
for development and public infrastructure and the financing of public infrastructure.
S.In approving this Agreement, the Town Council has found and determined that
certain activities relating to the Development are economic development activities wit h-
in the meaning of A.R.S. § 9-500.11, that all expenditures by the Town pursuant to this
Agreement constitute the appropriation and expenditure of public monies for and in
connection with economic development activities and that it is appropriate to provide
the Owner with the reimbursement in this Agreement as an inducement to cause the
Owner to construct, own and operate the Development in the Town.
T.The Town adopted a notice of intent to enter into this Agreement not less than
14 days before the Town Council approved this Agreement, in compliance with A.R.S.
§ 9-500.11.
U.The Town Council finds that the Development will raise more revenue for the
Town than the amount of the reimbursements to the Owner within the duration of this
Agreement.
V.An independent third party not financed by the Owner has verified (the “Eco-
nomic Impact Verification”) the Town Council’s finding that the Development will raise
more revenue for the Town than the amount of the reimbursements to the Owner with-
in the duration of this Agreement.
W.The Town Council finds that in the absence of the reimbursements to the Owner
provided pursuant to this Agreement, the Development would not locate in the Town
in the same time, place or manner as it will with the reimbursements to the Owner.
X.The Owner will incur out-of-pocket public infrastructure construction costs and
will make certain contributions for public infrastructure in the immediate vicinity of
and directly benefiting the Development.
Y.The reimbursements to the Owner provided pursuant to this Agreement are i n-
tended to reimburse the Owner for its out-of-pocket public infrastructure construction
costs and public infrastructure contributions and related interest and carrying costs, as
described more specifically in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
into this Agreement as though fully restated here, and the mutual covenants set forth in
this Agreement, the Parties hereby agree as follows:
1.Initiation of annexation process. Upon the Owner’s request, the Town agrees to initi-
ate proceedings to annex the Owner’s Land and any other adjacent unincorporated
lands the Town chooses to include into the Town’s municipal limits, by recording a
blank annexation petition, scheduling a public hearing on the annexation, and taking
the other steps required by A.R.S. § 9-471. This Agreement automatically terminates on
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the first anniversary of the Town Council’s adoption of the resolution approving this
Agreement if by that time the Owner has failed to request the Town to initiate procee d-
ings to annex the Owner’s Land. This Agreement automatically terminates on the fifth
anniversary of the Town Council’s adoption of the resolution approving this Agreement
if by that time this Agreement has not become operative (see paragraph 5 below).
2.Annexation ordinance consideration and adoption. The ordinance to annex the Own-
er’s Land shall not be scheduled on the Town Council’s agenda for consideration of
adoption until the Town has provided Owner with a copy of the Economic Impact
Verification and the Owner has signed the annexation petition necessary for the consid-
eration of the annexation ordinance (the “Annexation Ordinance”). When the Annexa-
tion Ordinance is introduced for consideration by the Town Council, it will include a
provision adopting an initial Town zoning classification of VC Village Commercial for
the Owner’s Land. VC Village Commercial allows uses and densities no greater than
those permitted in Pima County, as provided in A.R.S. § 9-471(L). In addition to the VC
Village Commercial uses, the Annexation Ordinance will include “Conditional Uses
Upon Annexation” permitted by the Town Council pursuant to Marana Land Deve l-
opment Code section 10.10, paragraph P, allowing certain specific uses and densities
that exceed what is allowed in Town of Marana VC Village Commercial but that are
permitted under the Pima County CB-2 zoning as it now applies to the Owner’s Land.
At a minimum, these “Conditional Uses Upon Annexation” shall include the following:
(A)Motel or hotel, together with the following accessory uses located on the
premises and having no exterior entrance closer than one hundred feet to a public
street:
(i)Retail shops,
(ii)Personal services,
(iii)Recreational facilities,
(iv)Restaurant,
(v)Beverage service
(B)Auto parking lot (within or without a building) shall be permitted as an a c-
cessory use to a hotel or other permitted use, subject to compliance with all applica-
ble landscaping, bufferyard, and off-street parking and loading requirements set
forth in the Marana Land Development Code.
(C)Temporary uses of no longer than five years’ duration may be permitted up-
on receiving a Conditional Use Permit under Section 10.10 of the Marana Land De-
velopment Code and in compliance with any requirements imposed as a condition
of the Conditional Use Permit.
3.Owner’s withdrawal from annexation. The Owner may withdraw from the annexa-
tion at any time prior to the Town Council’s adoption of the annexation ordinance. If
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not timely rescinded by the Town Council or challenged by referendum, the annexation
ordinance shall become effective 30 calendar days after its adoption by the Town Coun-
cil in accordance with A.R.S. § 9-471. If there is sufficient time before the annexation
ordinance becomes effective to satisfy legal notice requirements, the Town Council shall
(by motion for reconsideration or other appropriate means) rescind the annexation
ordinance if (a) the annexation ordinance is challenged by reconsideration or referen-
dum and (b) the Owner requests that the annexation ordinance be rescinded.
4.No requirement to proceed. Nothing in this Agreement shall require the Owner to
proceed with the annexation, or the development of the Owner’s Land.
5.Term. This Agreement shall become effective as of the effective date of the resolu-
tion of the Town Council approving the mutually executed Agreement (the “Effective
Date”), and shall become operative on the effective date of the Annexation Ordinance.
The term of this Agreement shall begin on the Effective Date and, unless sooner term i-
nated by the mutual consent of the Parties or automatically terminated pursuant to
paragraph 1 above, or as otherwise provided herein, shall automatically terminate and
shall thereafter be void for all purposes on the earlier of (a) the 21st anniversary of the
first reimbursement payment (see paragraph 17 below) or (b) the 24th anniversary of the
Effective Date.
6.Proposed uses. The Development is a retail center planned to accommodate a range
of differing but complementary retail-related land uses on an integrated and master-
planned basis. Overall, the Development is expected to create substantial additional
sales tax revenues for the Town, assist in the creation or retention of jobs and otherwise
improve or enhance the economic welfare of the residents of the Town by bringing
customers to the Development from the Town and surrounding communities.
7.Definitions. The following definitions shall apply to this Agreement:
(A)“Construction Sales Tax Revenues” mean those portions of the Town’s trans-
action privilege taxes (currently 4%) generated pursuant to Section 8-415 or 8-416 of
the Marana Tax Code from construction contracting or speculative builder activities
occurring as part of the Development.
(B)The “Development” is defined in recital M above and described in para-
graph 6 above.
(C)“Development Regulations” is defined in paragraph 8 below.
(D)“Interest” or “Interest Rate” means interest on the applicable obligation or
sum (including the Total Reimbursement Amount) at the rate of 4.0% per annum,
compounded quarterly on the first day of each calendar quarter.
(E)The “Owner’s Land” is defined in recital A above.
(F)“Public Improvements” means the following types of public infrastructure
serving the Development:
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(i)Public sewer improvements.
(ii)Public water improvements.
(iii)Public transportation improvements.
(iv)Public drainage improvements.
(G)“Public Improvement Costs” means all costs, expenses, fees, transaction priv-
ilege taxes and charges actually incurred and paid by or on behalf of the Owner to
contractors, architects, engineers, surveyors, governmental agencies, other profes-
sionals and consultants, and other third parties for materials, labor, planning, de-
sign, engineering, surveying, site excavation and preparation, governmental permits
and payments, payment and performance bonds, other professional services, and all
other costs and expenses related or incidental to and reasonably necessary for, the
acquisition, improvement, construction, installation, or provision of the Public I m-
provements, together with all costs associated with the acquisition of lands, rights-
of-way and easements either to be dedicated to the Town or upon which Public Im-
provements are to be constructed, with Interest as provided in this Agreement.
(H)“Reimbursement Account” means a separate account within the Town’s
General Fund or accounted for by an appropriate book or ledger entry designation
for the purpose of making Reimbursement Payments (see paragraph 17 below)
(I)“Reimbursement Payments” is defined in paragraph 17 below.
(J)“Sales Tax Revenues” means that portion of the Town’s transaction privilege
taxes (currently 2%) generated from the following activities occurring within the
Development:
(i)Amusements, exhibitions and similar activities pursuant to Section 8-410 of
the Marana Tax Code.
(ii)Hotels pursuant to Section 8-444 of the Marana Tax Code.
(iii)Rentals pursuant to Section 8-445 of the Marana Tax Code.
(iv)Restaurants and bars pursuant to Section 8-455 of the Marana Tax Code.
(v)Retail sales pursuant to Section 8-460 of the Marana Tax Code.
References to sections of the existing Marana Tax Code shall include correspon d-
ing sections of successor codes.
8.Development regulations. The Marana Development Code, including the written
rules, regulations, substantive procedures, and policies relating to development of land,
adopted or approved by the Mayor and Council (collectively the “Marana Development
Code”) in effect on the Effective Date shall apply to the extent not covered by this
Agreement. In the event of any express conflict, the Marana Development Code shall
control over the terms of this Agreement. Notwithstanding anything in this Agreement,
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or the Marana Development Code to the contrary, no future ordinance, rule, regulation,
standard or policy adopted by the Town shall apply to any development occurring on
the Owner’s Land during the period ending on the fifth anniversary of the Effective
Date unless:
(A)The future rule or regulation has been enacted by the Town to comply with
state or federal laws and regulations, provided that in the event the new rule or re g-
ulation prevents or precludes compliance with this Agreement, such provision of
this Agreement shall be modified as necessary in order to comply with the new rule
or regulation; or
(B)The future rule or regulation has been enacted by the Town to address a legit-
imate health or safety issue and the implementation of such rule or regulation will
not adversely affect the development and use of the Owner’s Land.
9.Development review. The Development shall be developed in a manner consistent
with the Development Regulations and this Agreement, which together establish the
basic land uses, and the densities, intensities and development regulations that apply to
the land uses authorized for the Development. Upon the Owner’s compliance with the
applicable development review and approval procedures and substantive requirements
of the Development Regulations, the Town agrees to issue such permits or approvals
for the Development as may be requested by the Owner. Notwithstanding anything
herein to the contrary, the Town acknowledges that the Owner has heretofore provided
the Town with (i) that letter decision from Suzanne Shields, P.E., Director and Chief
Engineer of the Pima County Regional Flood Control District dated October 6, 2010
determining that Owner’s Land is not subject to Important Riparian Areas and riparian
habitat, and (ii) that correspondence from Bill Zimmerman, Manager, Planning and
Development Division of the Pima County Regional Flood Control District dated A u-
gust 24, 2010 waiving detention/retention requirements under the Pima County Code
with respect to the development of Owner’s Land (collectively, the “PCRFCD Determi-
nations”) and the Town acknowledges and agrees that the PCRFCD Determinations are
sufficient to satisfy any similar riparian and detention/retention requirements under
the Town’s current Development Regulations as of the Effective Date.
10.Phasing. Owner shall be entitled to determine the development phases for the
Property and the order in which the phases will be completed. Owner shall also be
entitled to determine the timing for the design, construction and installation of the
Public Improvements, in accordance with the terms and conditions of this Agreement,
subject to the Town’s customary development requirements regarding development of
other property located within the Town.
11.Public improvements construction and reimbursement. As a condition precedent to
receiving Reimbursement Payments under paragraph 17 of this Agreement, and not as
a separate contractual obligation, the Owner shall, in conjunction with its construction
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of the Development and in accordance with Arizona Revised Statutes Title 34 pertain-
ing to public infrastructure construction procurement laws and procedures:
(A)Design and construct the Public Improvements; and
(B)Pay all Public Improvement Costs as they become due.
12.Use of Town easements and rights-of-way; right-of-way use permits. Owner and its
agents shall have the right to enter, remain upon and cross over any Town easement or
right-of-way to the extent reasonably necessary to design, construct or install the Public
Improvements, provided that with alternative construction access as approved by
Town, Owner’s use does not unreasonably impede Town’s use and enjoyment of the
subject property; and provided that Owner shall obtain any required permit for the use
of such easement or right-of-way, as required by Town, and provided also that the
Owner obtaining such permit shall restore such easement or right-of-way to substantial-
ly the same condition as existed prior to Owner’s entry.
13.Water service. The Owner’s Land is within a geographic area where water service
will be available from the Town upon annexation and installation of necessary water
infrastructure. Upon annexation and installation of necessary water infrastructure, the
Town shall provide water service to the Owner’s Land.
14.Reimbursement amount. The Town shall make Reimbursement Payments to the
Owner for:
(A)The Owner’s Public Improvement Costs.
(B)Interest shall accrue on any unreimbursed portion of the Owner ’s Public Im-
provement Costs at the Interest Rate from and after the later of (i) the commence-
ment of construction of the Public Improvements and (ii) the first deposit of Sales
Tax Revenues into the Reimbursement Account (see paragraph 15 below). This ac-
crued interest on the Owner’s Public Improvement Costs shall be a portion of the
Reimbursement Payments in paragraph 17 below. The Owner shall submit to the
Town a quarterly statement showing the actual construction costs incurred and co n-
tributions paid to date for the Public Improvements. The Owner shall provide the
Town with invoices or other backup information reasonably requested by the Town
to confirm the accuracy of the Owner’s quarterly statement of costs and contribu-
tions.
15.Reimbursement account. The Town shall deposit into the Reimbursement Account
45% of the Sales Tax Revenues (see paragraph 7(J) above) as they are received from the
Arizona Department of Revenue, beginning with the first such revenues generated from
the Development and ending upon the expiration of this Agreement. Funds in the R e-
imbursement Account shall be reimbursed to the Owner pursuant to paragraph 17
below.
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16.No reimbursement out of Construction Sales Tax Revenues. No portion of any reim-
bursement under this Agreement shall consist of Construction Sales Tax Revenues (see
paragraph 7(A) above).
17.Reimbursement Payments. The Town shall pay to the Owner within the first 45
days of each calendar quarter all funds in the Reimbursement Account (“Reimburse-
ment Payments”), beginning the first calendar quarter after the Town’s receipt of Sales
Tax Revenues (see paragraph 7(J) above) generated by the Development. Any funds
accrued in the Reimbursement Account but not yet disbursed to the Owner upon the
expiration of this Agreement shall be paid to the Owner within 30 days after the expira-
tion of this Agreement.
18.Owner audit. Not more than once each calendar year, the Owner may, at its own
cost, audit Town sales tax returns and other appropriate financial records of the Town
to assure prompt and accurate deposit into the Reimbursement Account of all revenues
as required pursuant to this Agreement. The Owner audit authorized by this paragraph
shall be subject to all applicable laws that may prohibit or limit the dissemination or use
of transaction privilege tax and related information. Before the Owner audit occurs, the
Owner shall obtain and provide to the Town written waivers of confidentiality suff i-
cient to satisfy the requirements of Arizona Revised Statutes § 42-2003(A)(6) from each
taxpayer whose sales tax returns and other financial records are provided by the Town
in connection with the audit.
19.Annual report. Within 45 days following the end of each Town fiscal year, the
Town shall deliver to the Owner a report of all Sales Tax Revenues generated by or
attributable to the Development which have been utilized by the Town in determining
the amount deposited into the Reimbursement Account. The report shall be restricted to
information that may be released by the Town without violating applicable laws that
may prohibit or limit the dissemination or use of transaction privilege tax and related
information. The report will not contain information capable of identifying confidential
information of any particular taxpayer unless and until the Owner has obtained and
provided to the Town written waivers of confidentiality sufficient to satisfy the r e-
quirements of Arizona Revised Statutes § 42-2003(A)(6) from each taxpayer whose
confidential information is revealed in the report.
20.Limitations. During the Term of this Agreement, the Town shall not enter into
any agreement or transaction which impairs the rights of the Owner under this Agree-
ment, including, without limitation, the right to receive the Reimbursement Payments
and the proceeds of the Reimbursement Account in accordance with the procedures
established in this Agreement.
21.Multiple business locations; release of tax information. Since some businesses with
multiple locations in the Town report their transaction privilege taxes on the basis of
revenues for all their locations in the Town, rather than separately for each location, the
Owner shall request each such business to separately report transaction privilege taxes
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for transactions at its business located in the Development. The Owner shall exercise
reasonable efforts to obtain from all businesses in the Development a consent to release
of tax information in a form reasonably acceptable to the Town. If the separate report
required by this paragraph is not provided to the Town, the Town shall make a reaso n-
able estimate of the Sales Tax Revenues derived from the Development based on all
information available to the Town, including information provided by the Owner, and
the good faith certification by the Town’s Finance Director shall be considered final and
binding upon the Owner. The final certification of the Town’s Finance Director shall be
subject to all applicable laws that may prohibit or limit the dissemination or use of
transaction privilege tax and related information.
22.Town review and approval of plans. Except as expressly provided in this Agree-
ment, the development and construction of the Public Improvements is subject to the
Town’s normal plan submittal, review and approval procedures and construction in-
spection requirements. The Town acknowledges that timely reviews, inspections and
approvals by the Town are necessary to effectuate the development of the Owner’s
Land. The Town agrees to use its reasonable best efforts to promptly initiate all review,
inspection and approval processes in accordance with the Town’s adopted regulations.
Additionally, the Town may retain independent consultants, reviewers, inspectors and
advisors at Owner’s request in order to efficiently continue the review, inspection and
approval process. The Owner shall pay all costs incurred by the Town for any private,
independent consultants, reviewers, inspectors and advisors retained by the Town, at
Owner’s request, for assistance in the review, inspection and approval process, and
such consultants, reviewers, inspectors and advisors shall take instruction from, be
controlled by and be responsible to the Town, not the Owner.
23.Development impact fees. Nothing in this Agreement shall be construed as a waiver
or reduction of development impact fees properly adopted by the Town pursuant to
A.R.S. § 9-463.05 and applicable to the Development.
24.Proposition 207 Waiver. On or before the Annexation Ordinance is placed on the
Town Council’s agenda for consideration of adoption, the Owner shall provide to the
Town a completed “Proposition 207 Waiver” applicable to the Annexation Ordinance in
form acceptable to the Town Attorney. The Town will record the Proposition 207 Waiv-
er in the office of the Pima County Recorder after the Town Council adopts the Annexa-
tion Ordinance. The Proposition 207 Waiver will not be recorded and will be void and
of no effect if the Annexation Ordinance is not adopted. If the Annexation Ordinance is
rescinded, repealed or otherwise of no effect, the Parties shall take such steps as are
required to release or rescind the Proposition 207 Waiver.
25.Cooperation and alternative dispute resolution.
(A)Appointment of representatives. To further the commitment of the Parties to co-
operate in the progress of the Development, the Town and the Owner each shall des-
ignate and appoint a representative to act as a liaison between the Town and its var-
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ious departments and the Owner. The initial representative for the Town (the “Town
Representative”) shall be the Town Manager, and the initial representative for the
Owner shall be Eddie Leon or a replacement to be selected by the Owner. The repr e-
sentatives shall be available at all reasonable times to discuss and review the per-
formance of the Parties and the Development.
(B)Non-performance; remedies. If either Party does not perform under this Agree-
ment (the “Non-Performing Party”) with respect to any of that Party’s obligations
under this Agreement, the other Party (the “Demanding Party”) shall be entitled to
give written notice in the manner prescribed in paragraph 26 below to the Non-
Performing Party, which notice shall state the nature of the non-performance
claimed and make demand that such non-performance be corrected. The Non-
Performing Party shall then have (i) 20 days from the date of the notice within which
to correct the non-performance if it can reasonably be corrected by the payment of
money, or (ii) 30 days from the date of the notice to cure the non-performance if ac-
tion other than the payment of money is reasonably required, or if the non-monetary
non-performance cannot reasonably be cured within thirty days, then such longer
period as may be reasonably required, provided and so long as the cure is promptly
commenced within thirty days and thereafter diligently prosecuted to completion. If
any non-performance is not cured within the applicable time period set forth in this
paragraph, then the Demanding Party shall be entitled to begin the mediation and
arbitration proceedings set forth in this paragraph 25. The Parties agree that due to
the size, nature and scope of the Development, and due to the fact that it may not be
practical or possible to restore the property to its condition prior to Owner’s devel-
opment and improvement work, once implementation of this Agreement has begun,
money damages and remedies at law will likely be inadequate and that specific per-
formance will likely be appropriate for the non-performance of a covenant contained
in this Agreement. This paragraph shall not limit any contract or other rights, reme-
dies, or causes of action that either Party may have at law or in equity.
(C)Mediation. If there is a dispute under this Agreement which the Parties cannot
resolve between themselves, the Parties agree that there shall be a 45-day moratori-
um on arbitration during which time the Parties agree to attempt to settle the di s-
pute by nonbinding mediation before commencement of arbitration. The mediation
shall be held under the commercial mediation rules of the American Arbitration As-
sociation. The matter in dispute shall be submitted to a mediator mutually selected
by the Owner and the Town. If the Parties cannot agree upon the selection of a m e-
diator within seven days, then within three days thereafter the Town and the Owner
shall request the presiding judge of the Superior Court in and for the County of P i-
ma, State of Arizona, to appoint an independent mediator. The mediator selected
shall have at least five years’ experience in mediating or arbitrating disputes relating
to real estate development. The cost of any such mediation shall be divided equally
between the Town and the Owner. The results of the mediation shall be nonbinding
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on the Parties, and any Party shall be free to initiate arbitration after the morator i-
um.
(D)Arbitration. After mediation, as provided for in this paragraph 25, any dis-
pute, controversy, claim or cause of action arising out of or relating to this Agree-
ment shall be settled by submission of the matter by both Parties to binding arbi tra-
tion in accordance with the rules of the American Arbitration Association and the
Arizona Uniform Arbitration Act, A.R.S. § 12-501 et seq., and judgment upon the
award rendered by the arbitrator(s) may be entered in a court having jurisdiction.
26.Notices. All notices, requests and other communications under this Agreement
shall be given in writing and either (i) personally served on the party to whom it is
given, or (ii) mailed by registered or certified mail, postage prepaid, return receipt re-
quested, or (iii) sent by private overnight courier such as Federal Express or Airborne,
or (iv) transmitted by facsimile (provided that a confirming copy of the facsimile tran s-
mission is mailed on the date of such transmission), addressed as follows:
If to the Town:
TOWN OF MARANA
11555 W. Civic Center Drive, Bldg. A3
Marana, AZ 85653-7006
Phone: (520) 382-1900
Facsimile: (520) 382-1901
If to the OWNER:
SAN JOAQUIN LAND INVESTMENTS, L.L.C.
P.O. Box 795
Sells, AZ 85634
Attention: Richard L. Grijálva, Manager
Phone: (520) 383-2900
Facsimile: (520) 383-2652
E-Mail: rgrijalva@toua.net
WITH A COPY TO:
QUARLES & BRADY LLP
1 S. Church Avenue, Suite 1700
Tucson, AZ 85701
Attention: Troy M. Hoch, Esq.
Phone: (520) 770-8714
Facsimile: (520) 770-2226
E-Mail: troy.hoch@quarles.com
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Eddie Leon
3504 E. Calle del Prado, Tucson
Tucson, Arizona 85716
Phone: (520) 907-2498
E-Mail: ealeon@prodigy.net
All notices shall be deemed given when delivered or transmitted by facsimile or, if
mailed as provided above, on the second day after the day of mailing, and if sent by
overnight courier, on the next day after the date of deposit with the courier. Any party
may change its address for the receipt of notices at any time by giving written notice
thereof to the other parties in accordance with the terms of this section. The inability to
deliver notice because of a changed address of which no notice was given, or rejection
or other refusal to accept any notice, shall be deemed to be the effective receipt of the
notice as of the date of such inability to deliver or rejection or refusal to accept.
27.Miscellaneous.
(A)This Agreement may not be modified except in a writing signed by the Par-
ties.
(B)Time is of the essence of this Agreement.
(C)This Agreement shall be governed by and interpreted in accordance with the
laws of the State of Arizona, and any lawsuit to enforce any provision of this
Agreement or to obtain any remedy with respect to this Agreement shall be brought
in the Pima County Superior Court, and for this purpose the Parties expressly and
irrevocably consent to the jurisdiction of the Pima County Superior Court.
(D)If either of the Parties fails to perform any of its obligations under this
Agreement or if a dispute arises concerning the meaning or interpretation of any
provision of this Agreement, the defaulting party or the party not prevailing in the
dispute, as the case may be, shall pay any and all costs and expenses incurred by the
other party in enforcing or establishing its rights under this Agreement, including,
without limitation, court costs and reasonable attorneys’ fees.
(E)This Agreement may be executed in multiple counterparts, each of which
shall, for all purposes, be deemed an original and all of which, taken together, shall
constitute one and the same agreement.
(F)This Agreement shall be binding upon and inure to the benefit of the Parties
and their respective successors in interest and assigns; provided, however, that no
assignment of this Agreement shall in any way relieve the assignor of its obligations
under this Agreement.
(G)This Agreement is subject to A.R.S. § 38-511, which provides for cancellation
of contracts in certain instances involving conflicts of interest.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last
date set forth below their respective signatures.
THE “TOWN”:
TOWN OF MARANA, an Arizona
municipal corporation
By:
Ed Honea, Mayor
Date:
ATTEST:
Jocelyn C. Bronson, Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
The “OWNER”:
SAN JOAQUIN LAND INVESTMENTS, L.L.C.,
an Arizona limited liability company
By:
Richard L. Grijálva, Member Man-
ager
Date:
STATE OF ARIZONA )
) ss
County of Pima )
The foregoing instrument was acknowledged before me on by
Richard L. Grijálva, Member Manager of SAN JOAQUIN LAND INVESTMENTS, L.L.C., an
Arizona limited liability company, on behalf of the LLC.
(Seal)
Notary Public
EXHIBITS
Exhibit A Depiction of the “Owner’s Land” and the “Town Remnant Parcel”
Regular Council Meeting - February 18, 2014 - Page 22 of 413
January 28, 2014 Study Session Minutes 1
STUDY SESSION
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Boardroom, January 28, 2014, 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
STUDY SESSION
CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 6:04 p.m.
Town Clerk Bronson called roll. Council Members McGorray 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 Bowen, second by Vice
Mayor Post. Passed unanimously 5-0.
CALL TO THE PUBLIC. There were no speaker cards presented.
DISCUSSION/DIRECTION/POSSIBLE ACTION
1: Relating to Parks and Recreation; discussion, consideration and possible action
regarding the development and construction of the Marana Heritage River Park
Mr. Davidson began the meeting with an overview of the project to date, starting with the
$1.9M (pre 2013 impact fee legislation) which was made available to this. Those dollars have
gone toward master planning. He next reviewed the three activity centers identified in the Park.
He noted that discussion is needed on current and anticipated maintenance costs. Mr.
Davidson concluded the overview with a summary of the capital costs and the different types of
Regular Council Meeting - February 18, 2014 - Page 23 of 413
January 28, 2014 Study Session Minutes 2
revenue sources available for the overall project. Staff is looking for ideas to generate revenue
for the park to make is sustainable. For the immediate future the town will be subsidizing the
project, but eventually it will be run like a business. Work this year will focus on the heritage
farm, the heritage farm-themed splash park and the heritage arena/multi-purpose facility.
Next, Mr. Davidson reviewed expenditures to date including a description of each cost center.
Most of the effort has been concentrated on the master plan and design and making sure we have
complete plans for the park. Those are all being funded out of this fiscal year. The construction
costs are identified with what is currently going on. What will potentially be available to roll
over for next fiscal year as well as the overall design of the splash park and arena will be about
$1M. Tom Ellis stated that after the master concept site plan came back from the Drachman
Institute, staff contracted with Schlesinger Consulting Engineering to put meat on those bones of
the concept plan. Money was spent on programming, but mostly on construction documents for
grading, drainage and utility expansion as well as some transportation infrastructure for the ranch
area.
The Heritage Farm is underway, and tours are available through either the Parks Office or the
Manager’s office. The demonstration garden is directly behind the heritage house which is being
leased by the Gladden Farms HOA. In response to a question by Council Member Comerford
regarding the names assigned to various projects at the park, Mr. Davidson stated that the
overall park is the Heritage River Park. The Heritage Farm area is where the heritage house and
DeSpain stables are. All the farm land dropping into the lower area is part of the Farm. There is
no ranch per se; however the proposed arena area is sometimes referred to as the Heritage Ranch
Arena. Where the current Gladden Farms Park is will be the location of the Splash Park where
the splash pad will be located. The arena area is where the town took out dirt for a big agri-
storage station. It sits right behind the CMID well site.
He then went into detail about the heritage farm piece. To start, we need restrooms and
additional parking. The funding source is the park impact fee pre- 2013 legislation. The garden
plots and demonstration garden are expected to reach completion by July 2014. The bathrooms
would also be done this fiscal year. When this part of the park is done, we will need additional
staff in the 2015 budget. Tom Eillis stated that all the maintenance work that has been done to
date on the 28 acres has been absorbed by current personnel and inmate labor from the Marana
Treatment Facility. Right now there is an inmate crew of 10 people and their supervisor. The
prison is currently providing us an inmate supervisor, but our intent is to hire our own supervisor
or senior maintenance worker who can work along with the inmates so that we have added value.
Our intent is to ask for a senior maintenance worker in the 2015 budget. The base pay with
benefits is about $46,638. Mr. Ellis continued, noting that the plots are irrigated from the well.
Some of the landscape around the house will probably come off of that same line. We do pay
electricity to operate the well, which we hope to expand at some time, but no additional Council
action is needed on this item.
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January 28, 2014 Study Session Minutes 3
The next activity area is the farm-themed splash park. This is in the park that currently exists.
We will need to build some additional parking spaces. Mr. Davidson and Mr. Ellis then went
over the overall project description. The funding source is the general fund. It will need to be
competitively bid. Different vendors who specialize in this type of feature have approached us.
The project start date would begin with the next fiscal year – July 2014. This project is mostly
packaged equipment and materials. This should be completed by December 2014 and open in
April 2015. The splash park will be unmanned most of the time. The decks are soft-fall to
prevent accidents. The water quality needs to be tested a couple of times a day. The biggest
expense is electricity. The water is cleaned by UV sterilization. This will be the largest splash
pad in the region. The project cost is $784,864 and staff will be seeking Council direction to
move forward as presented.
The arena (Heritage Ranch) is in concept. We are looking at multiple arena sites for ideas,
including a covered arena. Unique to this part of the project is the need to accommodate very
large rigs in addition to spectator parking. Once this is built and underway, this will be very
successful. We need to have conversations with Granite, Pima County and the Aspen Group to
determine if we can get some additional space for parking and warm-up areas. The arena part of
the project is 28 acres. The funding source is general fund this year and will need to be
competitively bid. With Council approval, we hope to begin in July 2014. Completion would be
April 2015.
For FY 2015, Tom Ellis talked about maintenance and operations. Staffing would be a
coordinator and 2 laborers and a cash handler at about $255,336. Utilities are estimated at $38K
and maintenance at $146,819. There are various ways to handle operations. Assumptions are
that the arena will be kept in a park-like condition. He pointed out that the numbers presented
are only on the expense side. The $4.3M is not a completed park – just to start. One of the
things we need to think about is the best way to operate an arena this size. That could include
contracted services. Mr. Davidson again noted that some of the information presented is based
on some assumptions. The current arena by the school is not operated as a 24/7 arena but by
event. The new facility will be much more open. Vice Mayor Post would like to see a small
corner of the area open all the time for use other than events. Mr. Davidson continued that
Phase I of the arena project ($4.3M) is for a new performance arena, rough stock gates and
covered grand stands. Restrooms and concession stands would also be built. The facility near
the middle school would be moved for a warm up arena. Once we obtain new dollars from any
source, we would take out the old warm up arena and build a new performance arena that’s
covered with grandstands and use that as a rollover arena.
The project cost of $4.3M includes the $1M to move the Trico utility line.Jennifer
Christelman said that the town has an ordinance to require the private sector to underground
their utility lines, and we would follow the same guidelines. We have some grade issues, but
there are several options for dealing with the lines. Mr. Davidson recommended keeping it in
the budget because something will have to be done at some time.
Regular Council Meeting - February 18, 2014 - Page 25 of 413
January 28, 2014 Study Session Minutes 4
Mr. Davidson then went over maintenance considerations. We can operate wholly by town staff
at full build out. The benefit is that we control all of it for about $500K. The negative is the risk
when operated as a business. Another option is to operate through contracting, but you lose
some control and that often creates a different relationship with the contractor. The third option
is going with a third party lease holder – but that is not recommended, because by doing so we
are basically stepping away from our town-built facility and have no control over whether it is
operated to our standards.
He also gave a summary of capital costs. The first three projects will be spread over two fiscal
years. What we are looking at now is capital construction costs for the next fiscal year.
Erik Montague gave a summary of how to pay for these items. General fund reserves are
available; we could do structured formal debt (bonded) or structured borrowing like a capital
lease or public private partnership.
General Fund dollars are the most immediate available to use. Benefits of that are to lower costs
so there is no formal debt that would affect our current credit rating. Some of the possible
negatives are the loss of reserves. Use of general funds for this project could possibly delay or
eliminate other capital projects. He gave some examples of projects that have been discussed.
Bonded debt will count against credit ratings. Structured borrowing could delay the project,
although there could be some flexibility to doing that, but it will take more time. The greater risk
overall could be issuing more debt at this time. Vice Mayor Post would like to investigate
structured borrowing. Mr. Davidson recommends looking at a list of capital items for next year,
research structured borrowing, and then have discussions about the recommendations.
Mr. Ellis recapped the maintenance costs for the Heritage Farm, Splash Park and Arena. The
arena number is based on the assumption of daily operations. Mr. Davidson reviewed the
possibility of other revenue sources such as fees for community garden plots, demonstration
garden classes, farmer’s markets, arena usage, membership/admission, property leases for
business enterprises and facility rentals. There could also be opportunities for grants, bonds,
fees, the general fund and park impact fees pre 2013 legislation.
Vice Mayor Post made a motion to continue moving forward with the Heritage River Park
project as presented. Council Member Bowen seconded the motion. Passed unanimously 5-0.
Mayor thanked staff for the presentation and the work that’s been done.
EXECUTIVE SESSION
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.
Regular Council Meeting - February 18, 2014 - Page 26 of 413
January 28, 2014 Study Session Minutes 5
FUTURE AGENDA ITEMS. There were no items presented.
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 the meeting at 7:52 p.m. by Vice Mayor Post, seconded
by Council Member Kai. Passed unanimously 5-0.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on January 28, 2014. I further certify that a quorum was present.
_____________________________________
Jocelyn C. Bronson, Town Clerk
Regular Council Meeting - February 18, 2014 - Page 27 of 413
February 4, 2014 Meeting Minutes 1
REGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, February 4, 2014, 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 7:01 p.m.
Town Clerk Bronson called roll. Vice Mayor Post arrived at 7:02 p.m. All council members
were present.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea.
APPROVAL OF AGENDA. Motion to approve by Council Member McGorray, second by
Council Member Ziegler. Motion passed unanimously.
CALL TO THE PUBLIC. Joanne M. Martinez spoke regarding the need for a second access
route in and out of the San Lucas development that can serve as an alternative emergency route
should there be a closure at the Union Pacific Railroad crossing. Currently, the only access for
emergency vehicles in and out of San Lucas is over that railroad crossing. Council Member
Ziegler asked Mr. Davidson to have staff to meet with Ms. Martinez on this issue. Next, David
Morales addressed Council regarding the lighting situation at the Circle K at Marana Road.
Council Member Ziegler advised Mr. Morales to get with Curt Woody to review the plans for
Regular Council Meeting - February 18, 2014 - Page 28 of 413
February 4, 2014 Meeting Minutes 2
the soon-to-be-constructed monument entrance to Marana near the Circle K location which
should address his concerns.
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Comerford reported on the recent Police Awards ceremony at The Highlands
at Dove Mountain. She congratulated the Chief on the event.
MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS
Mr. Davidson reported on the Council Executive Report for December/January and gave an
update on the department retreat for Strategic Plan III. After further review and public comment,
he plans to have the final draft to Council for approval in April.
PRESENTATIONS
CONSENT AGENDA. Motion to approve by Vice Mayor Post, second by Council Member
McGorray. Passed unanimously.
C 1: Resolution No. 2014-005: Relating to the Police Department; approving and authorizing
the Mayor to execute an intergovernmental agreement by and between the parties that form the
Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA) regarding the
administration and operation of the CNA, a law enforcement task force
C 2: Resolution No. 2014-006: Relating to Community Development; authorizing the Town
Manager to apply for grant funding from the Governor's Office of Highway Safety under the
Highway Safety Act for the purchase of equipment and the funding of overtime for the Marana
Police Department for fiscal year 2014-2015
C 3: Resolution No. 2014-007: Relating to the Marana Regional Airport; authorizing the
Community Development Director to execute a letter of intent indicating the Town of Marana’s
intention to participate in the state of Arizona’s Airport Pavement Preservation Program for
fiscal year 2015
C 4: Resolution No. 2014-008: Relating to Development; approving a release of assurances for
Tortolita Reserve subdivision and acceptance of public improvements for maintenance
C 5: Approval of January 7 and 21, 2014 Council Meeting Minutes
Regular Council Meeting - February 18, 2014 - Page 29 of 413
February 4, 2014 Meeting Minutes 3
C 6: Approval of January 14, 2014 Study Session Minutes
LIQUOR LICENSES
L 1: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor
Licenses and Control regarding a special event liquor license application submitted by Claudio
Martinez on behalf of the American Diabetes Association for the Tour de Cure event to be held
on March 2, 2014. Jocelyn Bronson presented this item to Council, noting that the application
was properly reviewed and that no protests were received. Staff recommends approval. Motion
to approve by Council Member McGorray, second by Vice Mayor Post. Passed unanimously.
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: Relating to Legislation and Government Actions; Discussion and possible action regarding
all pending state, federal, and local legislation/government actions and on recent and upcoming
meetings of other governmental bodies. Mr. Davidson reported that staff, the League and
consultants continue to monitor all bills of interest to municipalities. Updates will be provided to
council.
EXECUTIVE SESSIONS
E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or
consultation for legal advice with the Town Attorney concerning any matter listed on this
agenda.
FUTURE AGENDA ITEMS
Notwithstanding the mayor’s discretion regarding the items to be placed on the agenda, if three
or more Council members request that an item be placed on the agenda, it must be placed on the
agenda for the second regular Town Council meeting after the date of the request, pursuant to
Marana Town Code Section 2-4-2(B).
ADJOURNMENT. Motion to adjourn at 7:14 p.m. by Council Member McGorray, second by
Council Member Comerford. Passed unanimously.
CERTIFICATION
Regular Council Meeting - February 18, 2014 - Page 30 of 413
February 4, 2014 Meeting Minutes 4
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on February 4, 2014. I further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
Regular Council Meeting - February 18, 2014 - Page 31 of 413
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, February 18, 2014, 7:00 PM
To: Mayor and Council Item L 1
From: Jocelyn C. Bronson , Town Clerk
Strategic Plan Focus Area:
Not Applicable
Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses
and Control regarding a special event liquor license application submitted by Francisco
Rodriquez on behalf of the Marana Heritage Conservancy for Marana Founders Day to be
held on March 8, 2014.
Discussion:
This application is for a special event liquor license on behalf of the Marana Heritage Conservancy for
Founders Day to be held on March 8, 2014. The applicant has also applied for a special event permit
from the town, pursuant to Chapter 10-6 of the Marana Town Code
A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license
that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous
liquor for consumption only on the premises where the spirituous liquor is sold and only for the period
authorized on the license.
Qualifying organizations will be granted a special event license for no more than ten (10) days in a
calendar year. Events must be held on consecutive days and at the same location or additional licenses
will be required. The license is automatically terminated upon closing of the last day of the event or the
expiration of the license, whichever occurs first. The qualified organization must receive at least twenty-
five percent (25%) of the gross revenues of the special events.
Pursuant to state law, a person desiring a special event liquor license must request a special event
application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file
the application with the town for events occurring within the town’s limits. The town may then
recommend approval or disapproval of the special event liquor license.
If the special event liquor license application is approved by the Town Council, and the event meets the
requirements for granting the license, the director of the DLLC will issue a special event liquor license
to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will
normally not consider the application.
ATTACHMENTS:
Name:Description:Type:
Marana Heritage Conservancy Founders Day.pdf Liquor application redacted Cover Memo
Staff Recommendation:
Regular Council Meeting - February 18, 2014 - Page 32 of 413
Staff recommends approval of this special event liquor license application.
Suggested Motion:
OPTION 1: I move to submit to the DLLC a recommendation of approval of the special event liquor
license application submitted by Francisco Rodriquez on behalf of the Marana Heritage Conservancy for
Founders Day
OPTION 2: I move to disapprove the special event liquor license application submitted by Francisco
Rodriquez on behalf of the Marana Heritage Conservancy for Founders Day
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, February 18, 2014, 7:00 PM
To: Mayor and Council Item B 1
From: Ryan Mahoney, Planning Director
Strategic Plan Focus Area:
Community
Subject: Resolution No. 2014-012: Relating to Boards, Commissions and Committees; Reappointing
Phyllis Farenga, Thomas Hochard, and John McIntyre to the Board of Adjustment
Discussion:
The terms of Board of Adjustment Members Phyllis Farenga, Thomas Hochard, and John McIntyre
expire on Februrary 28, 2014. All three have submitted requests for re-appointment to another term on
the Board of Adjustment. If the Town Council reappoints these Board members, their terms will expire
February 28, 2018.
Board of Adjustment appointments are governed by Marana Land Development Code section 02.03.02,
which provides: "Members shall serve staggered terms, with four members, initially serving a term of
two years, and three members initially serving a term of four years. Thereafter, each member of the
Board shall be appointed to serve a term of four years. Vacancies on the Board of Adjustment shall be
filled by a majority vote of the Town Council to fill the remaining term of office."
The term of Board of Adjustment member Lyn Alvarez also expires on February 28, 2014, but she
has not requested reappointment. The Council will be asked to fill the vacancy (and any other vacancy
that may result if the Council chooses not to reappoint one or more of the existing members) after
applications have been solicited and received and applicants' names have been forwarded to the Council
using the procedure set forth in Town Code section 2-6-2.
ATTACHMENTS:
Name:Description:Type:
Reso 2014-
012 reappointing Board of Adjustment members
(00036949).doc
Reso 2014-012 Resolution
Staff Recommendation:
Council's pleasure.
Suggested Motion:
I move to adopt Resolution 2014-012, reappointing Phyllis Farenga, Thomas Hochard, and John
McIntyre to the Board of Adjustment with terms ending February 28, 2018.
Regular Council Meeting - February 18, 2014 - Page 39 of 413
Resolution No. 2014-012 2/10/2014 5:04 PM FJC
MARANA RESOLUTION NO. 2014-012
RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; REAPPOINTING
PHYLLIS FARENGA, THOMAS HOCHARD, AND JOHN MCINTYRE TO THE BOARD
OF ADJUSTMENT
WHEREAS Marana Land Development Code Section 02.03.02 establishes the procedure
for making appointments and reappointments to the Board of Adjustment and sets the terms at
four years; and
WHEREAS the terms of four members of the Board of Adjustment will expire on
February 28, 2014; and
WHEREAS three of the four Board members whose terms are expiring have requested
reappointment; and
WHEREAS the Mayor and Council find that the reappointments addressed by this
resolution are in the best interest of the town and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
1. Phyllis Farenga is hereby reappointed to the Board of Adjustment with a term
expiring February 28, 2018.
2. Thomas Hochard is hereby reappointed to the Board of Adjustment with a term
expiring February 28, 2018.
3. John McIntyre is hereby reappointed to the Board of Adjustment with a term expiring
February 28, 2018.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 18th day of February, 2014.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regular Council Meeting - February 18, 2014 - Page 40 of 413
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, February 18, 2014, 7:00 PM
To: Mayor and Council Item A 1
From: Robert Clements, Planner I
Strategic Plan Focus Area:
Commerce
Strategic Plan Focus Area - Additional Information:
Strategic Plan Focus Area "Commerce - Initiative 6: Promote development of the Economic Activity
Centers as outlined in the Marana Economic Road Map." - Tangerine Corridor Activity Center
Subject: PUBLIC HEARING: Ordinance No. 2014.002: Relating to Development; approving a
rezoning of approximately 23.9 acres of land from ‘C’ (Large Lot Zone) and
‘E’ (Transportation Corridor Zone) to ‘HI’ (Heavy Industry) for the Marana Technology
Campus located on the southwest corner of Tangerine Road and Breakers Road
Discussion:
SUMMARY OF APPLICATION
Northwest Storage Group, LLC requests to rezone approximately 23.9 acres of land from 'C' (Large Lot
Zone) and 'E' (Transportation Corridor Zone) to 'HI' (Heavy Industrial) for the purpose of building a
commercial/industrial center. The property is generally located on the southwest corner of Tangerine
Road and Breakers Road.
MARANA GENERAL PLAN
The 2010 Marana General Plan designates the land within the proposed rezoning area as Industrial (I).
Staff finds that the proposed rezoning is consistent with the adopted Marana General Plan.
LAND USE
The tentative development plan (TDP) proposes that the property be developed in phases. Phase I
includes 2 buildings; building 'A' will be an 11,000 square foot office and storage building for
International Towers, Inc. and building 'B' will be a 5,000 square foot office and aircraft maintenance
building including a construction yard for Aircraft Inspection & Management, LLC. Future phases will
include commercial and industrial uses permitted by the zoning district. The final design and layout of
the site will meet the requirements of the Marana Land Development Code including Title 8 commercial
design standards. As a condition of rezoning, the owners shall be required to process a final plat in
order to create any new lots.
This project will be subject to the commercial design standards in Title 8 of the Marana Land
Development Code. All outside storage of equipment and materials will be screened with solid fencing.
A 25-foot landscape buffer along Tangerine and Breakers Road will provide additional screening. The
site is bounded on the east by “HI” zoning; on the south and west by “C” zoning, and on the north by
“AG” zoning.
Regular Council Meeting - February 18, 2014 - Page 41 of 413
ACCESS
Access to Phase I will be provided off Tangerine Road. Dedication of 125 feet of rights-of-way for
Tangerine Road is a requirement of rezoning. Future phases will provide access from Breakers
Road. The owners will be required to dedicate 30 feet of the subject property’s frontage for Breakers
Road and pave Breakers Road from Tangerine Road to the property's southernmost ingress/egress point
of the phase being developed with a cross-section acceptable to the Town Engineer.
UTILITES
The property falls within the Town of Marana’s Municipal Water service area, however, no existing
water service lines or distribution mains are in the area. The developers are looking into different
alternatives to provide water. The owner/developer must prove that adequate flow exists to meet NW
Fire Districts requirements. The project site will temporarily utilize on-site septic systems because no
sanitary sewer lines service the area. As a condition of rezoning, the property owner will be required to
connect to municipal water and sewer lines once water and sewer lines are located within 400 feet of the
rezoning area. Trico will provide electric service to the site.
PUBLIC NOTIFICATION
A public notice for the hearing was published in the newspaper as well as posted at various locations
around the Town. In addition, public hearing notification letters were sent to all owners of properties
within 300 feet of the site. The applicant did not conduct a neighborhood meeting, but mailed notices to
and discussed the rezoning with the neighboring property owners. No issues or concerns were raised.
To date, staff has not received any calls or letters from residents or property owners with concerns.
RECOMMENDED FINDINGS
1. The proposed change in zoning is consistent with the purpose and intent of the 2010 Marana
General Plan.
2. The project is in compliance with all other development standards of the Marana Land
Development Code related to the proposed zoning classification.
3. This proposal, with the recommended conditions, does not appear to be potentially detrimental to
the immediate area and to the health, safety, and welfare of the inhabitants of the area and the
Town of Marana.
CASE ANALYSIS
Review criteria
1. Ability to comply with development regulations, i.e. water, sanitation, access, developable parcel,
etc.: The development is in compliance with the requirements of all agencies.
2. Ability to comply with requirements of the zoning regulations, i.e. lot size, frontage, setbacks, etc.
: This proposal complies with all the requirements of the proposed “HI” zoning district. The site
area is adequate for the proposed development and the proposal will comply with all applicable
development regulations.
3. Consistent with the purpose of the zoning regulations and with the intent of the General Plan: This
proposal is consistent with the purpose and intent of the Town of Marana General Plan. The
Marana General Plan designates the subject site to be developed as Industrial.
4. Compatible with the surrounding area, harmonious with character of the neighborhood, not
detrimental to the immediate area or the development of the area, and not detrimental to the
health, safety, or welfare of the inhabitants of the area: Based on the requirements and conditions
this proposal does not appear to be detrimental to the immediate area and to the general health,
safety, and welfare of the inhabitants of the area and the Town of Marana.
ATTACHMENTS:
Name:Description:Type:
Ord 2014.002 Marana Technology Campus.doc Ord 2014.002 Ordinance
Legal Description.pdf Exh A to ORD_Legal Description for Ordinance Exhibit
Application.pdf Application Backup Material
PCZ-
Regular Council Meeting - February 18, 2014 - Page 42 of 413
13036 Marana Technology Campus location map.pdf Location Map Backup Material
Marana Technology Campus -Site Analysis.pdf Site Analysis Backup Material
Marana Technology Campus TDP.pdf Tentative Development Plan Backup Material
Conceptual Building A .pdf Building 'A' Conceptual elevation Backup Material
Conceptual Building B .pdf Building 'B' Conceptual elevation Backup Material
Staff Recommendation:
Staff recommends approval of the rezoning subject to the following conditions:
1. Compliance with all provisions of Town Codes, Ordinances, and policies of the General Plan
current at the time of development including, but not limited to, requirements for public
improvements.
2. A traffic impact study, to include analysis of all phases of this project, will be required at the
development plan stages of the project. The design and construction of any roadway
improvements found by Town staff to be warranted based on the findings of the study, shall be the
responsibility of the developer.
3. Prior to any dedication of rights-of-way to the Town, a Phase 1 Environmental Site Assessment
that is less than 180 days old must be submitted to the Town at the owner's expense.
4. The owners must dedicate 30 feet of right-of-way along the entire eastern property line of the
rezoning area for Breakers Road upon demand of the Town or prior to approval of any
development plan having frontage on Breakers Road.
5. The owners must dedicate 125 feet of right-of-way for Tangerine Road for any portion of a
development plan having frontage on Tangerine Road or the owner must dedicate 125 feet of
right-of-way for Tangerine Road along the entire northern property line of the rezoning area upon
demand of the Town.
6. Prior to the Town’s issuance of a Certificate of Occupancy for any structure within the rezoning
area as part of a development plan having access on Breakers Road, Breakers Road must be
constructed with a cross-section acceptable to the Town Engineer from Tangerine Road to the
development plan's southernmost access point.
7. The property owners shall connect to municipal water and/or sewer lines once water and/or sewer
lines are located within 400 feet of the rezoning area. This connection shall be done at the
owner’s expense.
8. Any property owner in the rezoning area shall be required to process a final subdivision plat in
order to create any new lots or parcels within the rezoning area.
9. No approval, permit or authorization by the Town of Marana authorizes the applicant and/or
landowner to violation of any applicable federal or state law or regulation, nor relieves the
applicant or the land owner from the responsibility to ensure compliance with all applicable
federal and state laws and regulations, including but not limited to the Endangered Species Act,
Clean Water Act and the State Historic Preservation Act of 1982. The applicant is hereby advised
to retain an appropriate expert and/or consult with federal and state agencies to determine any
action necessary to assure compliance with applicable laws and regulations.
10. The Rezoning Area shall not be used for a solid-waste transfer facility.
11. The rezoning area will be annexed into a fire district prior to the approval of any development
plan within the rezoning area.
12. Any wireless communication towers in the rezoning area are subject to the design and approval
procedures set forth in Title 23 of the Marana Land Development Code.
13. A 100% desert tortoise survey will be completed by a qualified biologist at the owners
expense. The tortoise survey must be approved by the Town prior to the issuance of any grading
permits in the rezoning area.
14. The Plant Inventory Methodology will be utilized for compliance with a native plant permit prior
to the issuance of any grading permits in the rezoning area.
15.All phases of construction within the rezoning area will be compliant with the Commercial Design
Standards set forth in Title 8 of the Marana Land Development Code.
16. If any human remains or funerary items are discovered anywhere during construction, or at any
time, all work must stop in the area of the remains and the Repatriation Coordinator, must be
contacted immediately at (520) 621-4795, pursuant to A.R.S. §41-865.
17. If there is disturbance within a jurisdictional wash, a Corps of Engineers 404 Clean Water Permit
Regular Council Meeting - February 18, 2014 - Page 43 of 413
is required, which creates a federal nexus so that all cultural resource reviews must go to the State
Historic Preservation Office (SHPO); grading permits will not be issued until it is determined that
all federal permit requirements have been met.
18. The set-aside area depicted on the Tentative Development Plan will be fenced/walled during all
phases of construction and in perpetuity unless written permission is granted to remove the
barriers by the Town.
Commission Recommendation - if applicable:
The Planning Commission held a public hearing on January 29, 2014 and voted 7-0 to recommend
approval subject to the staff recommended conditions.
Suggested Motion:
I move to adopt Ordinance 2014.002; approving the Marana Technology Campus Rezoning subject to
the staff recommended conditions.
Regular Council Meeting - February 18, 2014 - Page 44 of 413
Ordinance 2014.002
- 1 -
MARANA ORDINANCE NO. 2014.002
RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY
23.9 ACRES OF LAND FROM ‘C’ (LARGE LOT ZONE) AND ‘E’ (TRANSPORTATION
CORRIDOR ZONE) TO ‘HI’ (HEAVY INDUSTRIAL) FOR THE MARANA TECHNOLOGY
CAMPUS LOCATED ON THE SOUTHWEST CORNER OF TANGERINE ROAD AND
BREAKERS ROAD.
WHEREAS, Northwest Storage Group, L.L.C. and Steven Rakower Separate Property
Trust are the property owners of approximately 23.9 acres of land located on the southwest
corner of Tangerine Road and Breakers Road in a portion of Section 5, Township 12 South and
Range 12 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this
reference (the “Rezoning Area”); and
WHEREAS, the Marana Planning Commission held a public hearing on January 29,
2014, and at said meeting voted to recommend, by a unanimous 7-0 vote, that the Town Council
approve said rezoning, with the recommended conditions; and,
WHEREAS, the Marana Town Council heard from representatives of the owner, staff
and members of the public at the regular Town Council meeting held February 18, 2014, and
determined that the 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 proposed rezoning of the Rezoning Area complies with the Town of Marana
General Plan.
Section 2. The zoning of the Rezoning Area is hereby changed from ‘C’ (Large Lot Zone) and
‘E’ (Transportation Corridor Zone) to ‘HI’ (Heavy Industrial).
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 Ordinance):
1. Compliance with all provisions of Town Codes, Ordinances, and policies of the General
Plan current at the time of development including, but not limited to, requirements for
public improvements.
2. A traffic impact study, to include analysis of all phases of this project, will be required at
the development plan stages of the project. The design and construction of any roadway
improvements found by Town staff to be warranted based on the findings of the study,
shall be the responsibility of the developer.
Regular Council Meeting - February 18, 2014 - Page 45 of 413
Ordinance 2014.002
- 2 -
3. Prior to any dedication of rights-of-way to the Town, a Phase 1 Environmental Site
Assessment that is less than 180 days old must be submitted to the Town at the owner's
expense.
4. The owners must dedicate 30 feet of right-of-way along the entire eastern property line of
the rezoning area for Breakers Road upon demand of the Town or prior to approval of
any development plan having frontage on Breakers Road.
5. The owners must dedicate of 125 feet of rights-of-way for Tangerine Road for any
portion of a development plan having frontage on Tangerine Road or the owner must
dedicate 125 feet of right-of-way for Tangerine Road along the entire northern property
line of the rezoning area upon demand of the Town for improvements to Tangerine Road.
6. Prior to the Town’s issuance of a Certificate of Occupancy for any structure within the
rezoning area as part of a development plan having access on Breakers Road, Breakers
Road must be constructed with a cross-section acceptable to the Town Engineer from
Tangerine Road to the development plan's southernmost access point.
7. The property owners shall connect to municipal water and/or sewer lines once water
and/or sewer lines are located within 400 feet of the rezoning area. This connection shall
be done at the owner’s expense.
8. Any property owner in the rezoning area shall be required to process a final subdivision
plat in order to create any new lots or parcels within the rezoning area.
9. No approval, permit or authorization by the Town of Marana authorizes the applicant
and/or landowner to violation of any applicable federal or state law or regulation, nor
relieves the applicant or the land owner from the responsibility to ensure compliance with
all applicable federal and state laws and regulations, including but not limited to the
Endangered Species Act, Clean Water Act and the State Historic Preservation Act of
1982. The applicant is hereby advised to retain an appropriate expert and/or consult with
federal and state agencies to determine any action necessary to assure compliance with
applicable laws and regulations.
10. The Rezoning Area shall not be used for a solid-waste transfer facility.
11. The rezoning area will be annexed into a fire district prior to the approval of any
development plan within the rezoning area.
12. Any wireless communication towers in the rezoning area are subject to the design and
approval procedures set forth in Title 23 of the Marana Land Development Code.
13. A 100% desert tortoise survey will be completed by a qualified biologist at the owners
expense. The tortoise survey must be approved by the Town prior to the issuance of any
grading permits in the rezoning area.
14. The Plant Inventory Methodology will be utilized for compliance with a native plant
permit prior to the issuance of any grading permits in the rezoning area.
15. All phases of construction within the rezoning area will be compliant with the
Commercial Design Standards set forth in Title 8 of the Marana Land Development
Code.
16. If any human remains or funerary items are discovered anywhere during construction, or
at any time, all work must stop in the area of the remains and the Repatriation
Coordinator, must be contacted immediately at (520) 621-4795, pursuant to A.R.S. §41-
865.
17. If there is disturbance within a jurisdictional wash, a Corps of Engineers 404 Clean Water
Permit is required, which creates a federal nexus so that all cultural resource reviews
Regular Council Meeting - February 18, 2014 - Page 46 of 413
Ordinance 2014.002
- 3 -
must go to the State Historic Preservation Office (SHPO); grading permits will not be
issued until it is determined that all federal permit requirements have been met.
18. The set-aside area depicted on the Tentative Development Plan will be
fenced/walled during all phases of construction and in perpetuity unless written
permission is granted to remove the barriers by the Town.
Section 4. This Ordinance shall not be effective until the Town files with the county recorder an
instrument (in a form acceptable to the Town Attorney), executed by the property owner and any
other party having any title interest in the Rezoning Area, that waives any potential claims
against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12 1131 et seq.,
and specifically A.R.S. § 12 1134) resulting from changes in the land use laws that apply to the
Rezoning Area as a result of the Town’s adoption of this Ordinance. If this waiver instrument is
not recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance
shall be void and of no force and effect.
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 18th day of February, 2014.
ATTEST:
_____________________________ _____________________________
Jocelyn C. Bronson, Town Clerk Mayor Ed Honea
APPROVED AS TO FORM:
_______________________
Frank Cassidy, Town Attorney
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Regular Council Meeting - February 18, 2014 - Page 51 of 413
Marana Technology
Campus Rezoning
CASE PCZ-13036
0 1200 2400 ft.
Approval to change the zoning of 23.9 acres from "C" Large Lot Zone and "E"
Transportation Corridor Zone to "HI" Heavy Industrial in order to build a
Commercial/Industrial Center
Request
Data Disclaimer: The Town of Marana provides this map information 'As Is' at the request of the user with he understanding hat is not guaranteed to be accurate,
correct or complete and conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of hese
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.
Regular Council Meeting - February 18, 2014 - Page 52 of 413
M ARANA T ECHNOLOGY C AMPUS
S ITE A NALYSIS
PCZ‐13036
Request: Rezoning from Transportation Corridor Zone (E) and Large Lot Zone (C)
to Heavy Industry Zone (HI) for 23.9 Acres
Property Located at the Southwest Corner of Tangerine Road and Breakers Road
Assessor’s Parcel Numbers 216‐08‐0030, 216‐08‐0070, and 216‐08‐0080
A Portion of Section 5, Township 12S, Range 12E
Marana, Arizona
Submitted to:
Town of Marana Planning Department
11555 West Civic Center Drive
Marana, Arizona 85653
Property Owners:
Northwest Storage Group LLC
911 West Grant Road
Tucson, Arizona 85705
and
Stephen Rakower Separate Property Trust
500 Carnation Ave
Corona del Mar, California 92625
Prepared by:
The WLB Group, Inc.
Robert G. Longaker III, Sr. Project Manager
Greg McDowell, Planner
4444 East Broadway Boulevard
Tucson, Arizona 85711
(520) 881‐7480
September 19, 2013
Revised November 15, 2013
Revised December 5, 2013
Revised January 7, 2014
WLB No. 113033‐A‐001
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Marana Technology Campus
WLB No. 113033‐A‐001
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Table of Contents
I. Introduction........................................................................................................................ 1
II. Inventory and Analysis........................................................................................................ 3
A. Existing Land Uses......................................................................................................... 3
B. Topography and Slope................................................................................................ 12
C. Hydrology.................................................................................................................... 14
D. Vegetation................................................................................................................... 20
E. Wildlife........................................................................................................................20
F. Viewsheds................................................................................................................... 23
G. Traffic.......................................................................................................................... 28
H. Recreation and Trails .................................................................................................. 32
I. Cultural, Archaeological and Historic Resources........................................................ 34
J. Composite Map........................................................................................................... 34
III. Land Use Proposal............................................................................................................. 36
A. Project Overview......................................................................................................... 36
B. Tentative Development Plan ...................................................................................... 36
C. Existing Land Uses....................................................................................................... 38
D. Topography................................................................................................................. 41
E. Hydrology.................................................................................................................... 41
F. Vegetation and Wildlife.............................................................................................. 44
G. Bufferyards.................................................................................................................. 44
H. Viewsheds................................................................................................................... 44
I. Traffic.......................................................................................................................... 44
J. Public Utilities ............................................................................................................. 46
K. Public Service Impacts ................................................................................................ 47
L. Recreation and Trails .................................................................................................. 47
M. Cultural, Archaeological and Historic Resources........................................................ 48
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Marana Technology Campus
WLB No. 113033‐A‐001
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Exhibits
A. Site Location Map ..................................................................................................................... 2
B. Aerial Photograph.....................................................................................................................6
C. Existing Zoning..........................................................................................................................7
D. Existing General Plan ................................................................................................................ 8
E. Existing Land Uses..................................................................................................................... 9
F. Pending Rezoning, Conditionally Approved Zonings, Approved Subdivision/
Development Plans................................................................................................................. 10
G. Location of Wells..................................................................................................................... 11
H. Topography............................................................................................................................. 13
I. Off‐Site Watersheds................................................................................................................ 17
J. FIRM Map ...............................................................................................................................18
K. On‐Site Hydrology................................................................................................................... 19
L. Vegetation ...............................................................................................................................21
M. AGFD Online Environmental Review Tool ..............................................................................22
N.1 Viewshed Keymap ................................................................................................................... 24
N.2 Viewshed Photographs......................................................................................................25 ‐27
O. Traffic...................................................................................................................................... 31
P. Recreation and Trails .............................................................................................................. 33
Q. McHarg Composite Map......................................................................................................... 35
R. Tentative Development Plan .................................................................................................. 39
S. Proposed Zoning Boundaries.................................................................................................. 40
Appendices
A. Significant Resource Inventory (SRI)
B. Trico Electric Infrastructure
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I. Introduction
Marana Technology Campus
WLB No. 113033‐A‐001
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I. Introduction
This document has been prepared in support of a proposed rezoning of the
approximately 23.9‐acre subject property, which has been named Marana Technology
Campus. This property is located at the southwest corner of Tangerine Road and
Breakers Road and within the incorporated limits of the Town of Marana. (See Exhibit
A: Site Location Map on the following page.) As a matter of history, in 2009
representatives of the entity Northwest Storage Group LLC began processing a rezoning
for a 5‐acre parcel within the subject property from Transportation Corridor Zone (E) to
Heavy Industry Zone (HI). This 5‐acre parcel is located in the southeastern portion of
the subject property and the project at that time was called Northwest Business Park.
However, the property owner withdrew the rezoning application due to unfavorable
market conditions. As such, a new application is being filed on this approximate 23.9‐
acre site. This request is to rezone the property from Large Lot Zone (C) and
Transportation Corridor Zone (E) to Heavy Industry Zone (HI).
The proposed zoning district of HI is appropriate for the subject property for the
following primary reasons:
1. The property has frontage on Tangerine Road, a major arterial roadway
connecting Pima County, the Town of Oro Valley and the Town of Marana to
Interstate 10. Plans have been prepared for the improvement of Tangerine Road,
and these improvements will facilitate access to this site.
2. There are several similar operations and Heavy Industrial zoning located in the
immediate vicinity of the subject property. These uses include Park N’ Shade,
Contractor’s Yards and Hayden Concrete. Also, the Trico Electric Coop facility is
located within a mile west of the site. These existing uses establish this area as a
business/industrial/employment area.
3. The Marana General Plan designates this property and surrounding area for
industrial uses, and as such, this rezoning would allow this area to be developed
in accordance with the General Plan.
4. With the exception of the wash and the archaeological sites, there are few
physical characteristics that constrain the development of the subject property.
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II. Inventory and Analysis
A. Existing Land Uses
1. Description of Site Location in Regional Context
The subject property is located within Section 5, Township 12 South, Range 12 East,
Marana, Arizona. It is located approximately 1.5 miles east of the Tangerine Road
and Interstate 10 traffic interchange. Breakers Road borders the site to the east,
and Tangerine Road bounds the site to the north.
Please refer to Exhibit A: Site Location Map.
2. Description of Existing Land Uses
The site is currently vacant with the exception of a contractor’s yard in the
southeastern portion of the site being used by International Towers Inc. (an affiliate
of Northwest Storage Group LLC).
Please refer to Exhibit B: Aerial Photograph.
3. Surrounding Property within One‐Quarter of a Mile
a. Existing Zoning
Project Site: C (Large Lot Zone) and E (Transportation Corridor Zone)
North: AG (Agricultural)
South: C (Large Lot Zone)
East: HI (Heavy Industry), C (Large Lot Zone)
West: C (Large Lot Zone), MU‐1 (Mixed Use)
Please refer to Exhibit C: Existing Zoning.
b. Existing General Plan Land Use
Project Site: Industrial
North: Low Density Residential
South: Industrial
East: Industrial
West: Industrial and Mixed Use Rural Land Use
Please refer to Exhibit D: Existing General Plan.
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c. Existing Land Use
North: Plant nursery (agricultural), vacant
South: Breakers Water Park (commercial), mixed‐use, industrial, vacant
East: RV storage facility (commercial), concrete product supplier
(industrial), vacant
West: Pet boarding facility (commercial), single‐family residential,
mixed‐use, vacant
Please refer to Exhibit E: Existing Land Uses.
d. Number of Stories of Existing Structures
The majority of the existing structures within a one‐quarter mile radius of the
project site are single‐story; however, the shade structures at the nearby Park N
Shade are estimated to be approximately 20 feet in height.
e. Pending Rezonings
Advantage Materials (PCZ0809‐001) is located approximately 800 feet to the
southeast of the subject property. A rezoning was denied but is still pending for
Advantage Materials. Please refer to Exhibit F: Pending Rezonings, Conditionally‐
Approved Zonings, and Approved Subdivision/Development Plans.
f. Conditionally‐Approved Zonings
Three conditionally‐approved rezonings for industrial development are located
in proximity to the subject property. Breakers Industrial Park Rezone (Ordinance
2009.16), and Tangerine Industrial Lots Rezone (Ordinance 2005.10) are located
to the southeast of the subject property. Ironwood Acres Rezone is located to
the east of the site (Ordinance 2006.30). Park N Shade and Contractor’s Yards,
located directly east of the subject property, was conditionally rezoned in 2002
by Ordinance 2002.26. The Advantage Materials Rezone (Ordinance 2009.07)
was denied but is still pending.
Please refer to Exhibit F: Pending Rezonings, Conditionally‐Approved Zonings,
and Approved Subdivision/Development Plans.
g. Subdivision/Development Plans Approved
The Park N Shade, Inc. and Contractor’s Yards Inc. Development Plan is located
directly east of the project site. Hunter Contracting office is located southeast of
the project site.
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Please refer to Exhibit F: Pending Rezonings, Conditionally‐Approved Zonings,
and Approved Subdivision/Development Plans.
h. Architectural Styles Used in Adjacent Projects
The majority of the buildings within one‐quarter mile of the project site are
manufactured homes or basic steel structures.
4. Location of Wells
There are two known wells located within 100 feet of the project boundary as listed
by the Arizona Department of Water Resources (ADWR). Well registration number
507968 (exempt) is owned by Buhrke Family Enterprises and well registration
number 509253 (exempt) is owned by Robert C Fickett. There are other wells in the
vicinity of the subject property; however, due to the limited accuracy of the ADWR
well mapping tool, it is not precisely known if they are within 100 feet. As such, the
additional wells that are shown on Exhibit G may or may not be within 100 feet of
the site.
Please refer to Exhibit G: Location of Wells.
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B. Topography and Slope
1. Topographical Characteristics
Please refer to Exhibit H: Topography.
a. Hillside Conservation Areas
The site contains no hillside conservation areas.
b. Rock Outcrops
There are no rock outcroppings located on the project site.
c. Slopes of 15% or Greater
As Exhibit H: Topography displays, the majority of the site is gently sloped and
contains no slopes of 15 percent or greater.
d. Other Significant Topographic Features
The site contains no significant topographic features.
2. Pre‐Development Cross‐Slope
The pre‐development average cross slope was calculated using topography from
Pima County with a contour interval of two feet. The average cross slope is 3.20
percent.
Average cross slope = [I x L x 0.0023] / A
Where:
I = contour interval (2 feet)
L = total length of contours (16,615.32 feet)
0.0023 = conversion of "square feet" into "acres x 100"
A = total site area in acres (23.9)
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C. Hydrology
1. Off‐Site Watersheds
The off‐site area impacting the project site is a portion of the Ruelas Canyon Wash
approaching from the northeast at its origin in the Tortolita Mountains, and connecting
with the project site along the north and east property boundary. This area has
historically been inundated by sheet flow with assumed depths of 1 foot as illustrated
on the FEMA Flood Insurance Rate Map (FIRM), Panel 04019C1045L, Revised June 16,
2011. FEMA rates the flow velocity through this area as approximately 3 ft/sec,
although Pima County Flood Control describes it further as “Zone AO – Alluvial Fan 1” –
“Alluvial fan flood zones may also be susceptible to erosion, deposition and channel
avulsions. LOMA’s and LOMR’s are more difficult to obtain from FEMA within alluvial
fan flood zones.”
In the accepted drainage study titled “Volume 1, Hydrologic Analysis for Tortolita
Mountain Watersheds above the Alluvial Fan Apexes” prepared by CMG Drainage
Engineering, dated April 25, 2008; revised date October 27, 2008; these offsite
watershed analyses were compared to the accepted Town of Marana “Stormwater
Master Plan, Tortolita Watersheds Hydrologic Modeling Report” by Arroyo
Engineering, Inc., dated September 1999. The HEC‐1 models within the Arroyo report
utilize a 24‐hour, 100‐year, NRCS Type II storm event. This stormwater runoff is slow
moving with non‐erosive velocities and ponding occurring throughout. The HEC‐1
models within the CMG drainage report utilize a 24‐hour, 100‐year, NRCS Type I storm
event. The comparison of the computed peak discharges between the two reports
found that there was a good correlation between these watersheds when the fan apex
is located a minimum of 1 mile downstream from the mountain front. Exhibit I shows
the general offsite watersheds and their associated flows as calculated with PC‐Hydro.
The sheetflow condition of OS1 crosses Tangerine Road and enters the site and into an
unnamed, sandy‐bottomed wash which will be a 404 component of the project. It is
assumed that there will still be 1.0’ of sheetflow through the project site as this natural
channel does not have capacity for the total discharge. The shallow sheetflow
condition of OS2 crosses Breakers Road and onto the project site, then guided by a
swale to the southern boundary, and away. The sheetflow condition of OS3 collects a
small measure of runoff from the existing condition on‐site sub‐basin, then directs the
runoff back onto the site at the lowest southeastern corner.
If a Corps of Engineers 404 Clean Water Permit is required, the project will have a
federal nexus and all cultural resources reviews will go the State Historic Preservation
Office (SHPO). Grading permits will not be issued until it is determined that all federal
permit requirements have been met.
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2. Off‐Site Natural or Man‐Made Features
The site is impacted by an approximate 845 cfs from a portion of the Ruelas
watersheds.
3. Acreage of Upstream Off‐Site Watersheds (100‐Year Discharges Greater than 100
cfs)
The portion of the Ruelas watershed that impacts the site is of approximately 605
acres.
Please refer to Exhibit I: Off‐Site Watersheds.
4. On‐Site Hydrology
a. 100‐Year Floodplain Greater Than or Equal to 50 cfs
Please refer to Exhibit K: On‐Site Hydrology for existing drainage characteristics of
the watersheds, summary of the peak discharges and their associated drainage
areas. For existing conditions, there are four primary watersheds being considered
at this time. These watersheds were delineated utilizing 2000 digital topography
with two‐foot contour intervals from the Pima County GIS website. The general
trend of runoff is to the southwest through the natural desert vegetation and
swale.
Although there are definable watercourses on the site, it is accepted that there is
large, off‐site sheet flow which covers the area with an average depth of 1 foot
during the 100‐year storm event. All on‐site hydrologic analysis will be performed
using PC‐Hydro, hydrologic software version 5.3.1. The soil types were provided
from the Natural Resource Conservation Service (NRCS) soils study. Within this
report, hydrologic soil type B is 100% present within the project boundary. Using
the Pima County Hydrology Manual, the weighted basin factors are 0.040. The
vegetative cover and density have been determined using recent aerial
photographs and field reconnaissance. The Pima County PC‐Hydro software uses
rainfall depths derived from the Upper Bound of the 90% confidence interval from
the NOAA Atlas 14 data. This data is available from the NOAA, National Weather
Service Hydrometeorological Design Studies Center precipitation frequency data
server, which relies on the latitude and longitude of the project site. The project
site contains one sub‐basin with greater than 50 cfs discharge.
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b. Areas of Sheet Flooding with Average Depth
The entire site is within the Ruelas watershed with one foot of sheet flow across
the entire site.
c. Federally Mapped Floodways and Floodplains
The site lies within a special flood hazard area as denoted on the FIRM panel
published by FEMA. The area is within a designated AO‐1 Zone which is subject to
sheetflow up to 1.0’ in depth during the 100‐year flood event from the Ruelas
Wash watershed, coming from the Tortolita Mountains. The presence of Zone AO‐1
requires that buildings be constructed with an elevation a minimum of 2.0’ above
the highest adjacent grade.
5. Existing Drainage Conditions along Downstream Property Boundary
Stormwater runoff in the existing conditions generates an approximate, cumulative
117 cfs during the 100‐year storm event. Runoff flows in a general southwest
direction as both sheet flow and within minor channels.
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D. Vegetation
1. Vegetative Communities and Associations On‐Site
The project site contains primarily Sonoran Desert scrub with Palo Verde‐Mixed
Cacti vegetation coverage in the wash area.
2. Significant Cacti/Groups of Trees and Federally‐Listed Threatened or Endangered
Species
According to the Arizona Game and Fish Department Online Environmental Review
Tool printout, the project site does not occur in the vicinity of any proposed critical
habitat.
3. Densities of Vegetation
Based on aerial photography, approximately 12% of the site contains vegetation at
an approximate cover of 30%. This occurs in the area of the wash. The remaining
88% of the site contains vegetation at an approximate cover of 10%. The entire
23.9‐acre site has an average vegetation density of 12.8%.
Please refer to Exhibit L: Vegetation.
E. Wildlife
Based on information supplied by the Arizona Game and Fish Department's Heritage
Data Management System (HDMS), three sensitive species may exist within the vicinity
of the project site. These include the Tucson Shovel‐Nosed snake, Golden Eagle and
Cactus Ferruginous Pygmy‐Owl. Desert Tortoises were identified in the immediate area
during an Arizona Game and Fish Department wildlife study for Tangerine Road.
Therefore, a 100% area survey for Desert Tortoise will be completed by a qualified
wildlife biologist. A copy of the data sheet will be provided to the Town prior to
issuance of a grading permit.
Please refer to Exhibit M: AZGFD Online Environmental Review Tool.
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Exhibit M: Arizona Game and Fish Department
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F. Viewsheds
1. Viewsheds Onto and Across the Site
Various photographs were taken of views from and across the project site, as shown
in Exhibit N.1: Viewshed Keymap and Exhibit N.2: Viewshed Photographs. The
Viewshed Keymap indicates the locations from which the photos were taken.
The significant views and vistas beyond adjacent properties are of the Tortolita
Mountains to the northeast and the Tucson Mountains to the southwest.
2. Areas of High Visibility from Nearby Off‐Site Locations
The northern portion of the site is highly visible from Tangerine Road, while the
eastern portion of the site is highly visible from Breakers Road.
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G. Traffic
1. Existing and Proposed Off‐Site Streets
Breakers Road lies within a 30‐foot wide access easement (Docket 12053, Page
3947) that lies on the property adjacent to its eastern edge, as well as a 30‐foot wide
right‐of‐way immediately east of and adjacent to the eastern property line of the
subject property. At one time, this road was chip sealed to an approximate width of
24 feet; however, the majority of the chip seal is gone.
Tangerine Road is a two‐lane arterial with a center turning lane and forms the
northern boundary of the subject property. The posted speed limit is 50 mph.
Tangerine Road is planned for improvements from Interstate 10 to La Canada Drive.
These planned improvements will expand Tangerine Road to a four‐lane, divided
roadway with an ultimate right‐of‐way width of 350 feet. As part of the
development of the site, 125 feet of right‐of‐way width along the project's frontage
on Tangerine Road will be dedicated to achieve the half right‐of‐way width of 175
feet (which is half of the ultimate right‐of‐way of width of 350 feet).
Interstate 10 is located slightly less than one mile west of the project site. This
portion of Interstate 10 is divided and consists of six lanes, three in each direction.
Please refer to Exhibit O: Traffic.
2. Arterial Streets within One Mile of the Project Site
Tangerine Road is the only arterial street located within one mile of the project site.
a. Existing and Proposed Rights‐of‐Way Widths
Right‐of‐way widths have been obtained from the Town of Marana’s Major
Streets and Routes Map and Pima County’s Major Streets and Scenic Routes
Map. Tangerine Road has an existing right‐of‐way width that varies from 100 to
300 feet between Breakers Road and Interstate 10. The proposed future width of
this section of Tangerine Road is 350 feet. Breakers Road is located within a 30‐
foot wide access easement on the subject property, as well as a right‐of‐way
width of 30 feet located adjacent to the eastern boundary of the subject
property.
Please refer to Exhibit O: Traffic.
b. Conformance with Minimum Width Requirements
Tangerine Road conforms to the width requirements.
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c. Ownership
The portion of Tangerine Road north of the project site is owned and maintained
by the Town of Marana.
d. Continuous Rights‐of‐Way
The Tangerine Road right‐of‐way is continuous.
e. Number of Travel Lanes, Theoretical Capacity, Design Speed for Existing Roads
Tangerine Road has two travel lanes and a center turning lane. The capacity is
15,600 average daily trips (ADT) and the road is designed to accommodate a
speed limit 50 mph.
f. Average Daily Traffic for Existing Streets
According to a Town‐conducted 2011 count, there are approximately 5,800 trips
daily on Tangerine Road between Interstate 10 and Dove Mountain Boulevard.
g. Surface Conditions of Existing Roadway Providing Access to Site
Based on visual inspection and apparent ride quality only, the surface condition
of Tangerine Road is fair. The surface condition of Breakers Road is poor.
h. Program for Completion of Roadway and Intersection Improvements
According to the approved PAG Transportation Improvement Plan (TIP), there
are two projects on Tangerine Road with proposed funding between 2014 and
2018. The first project involves widening Tangerine Road between Interstate 10
and Oracle Road (SR‐77) to four lanes with sidewalks and multi‐use paths, with
$7.25 million in proposed funding from 2014 to 2018. The other improvement
project allocates $1.5 million in 2014 to fund a new Tangerine Road and
Interstate 10 traffic interchange with grade separation with Union Pacific
Railroad.
3. Existing and Proposed Intersections
The Tangerine Road and Breakers Road intersection is the only intersection within
one mile of the subject property that will be used for this site.
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4. Existing Bicycle and Pedestrian Ways
Currently, there are no bicycle lanes or pedestrian ways located on the roadways
adjacent to the site.
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H. Recreation and Trails
There are three trails, two bicycle routes and one park located within one mile of the
project site. Refer to Exhibit P: Recreation and Trails.
According to the Town of Marana Parks, Recreation, Trails, and Open‐Space Master Plan
(October 2010) and the Pima County Mapguide database, the Wild Burro Wash (#36) is
located approximately 1,500 feet northwest of the project site and is defined as a
Connector Trail. This trail runs from Wild Burro Canyon/Foothills Trail in the west
Tortolitas to the Central Arizona Project (CAP) Canal Primary Trail. Power Transmission
Line Trail (#179) is located approximately three‐quarters of a mile northeast of the
project site and is defined as a Local Trail. The trail runs south along a portion of
Thornydale Road to Moore Road. Scottie’s Loop Trail (#164), a Local Trail, is located less
than one mile southeast of the project site.
Additionally, the CAP Canal Trail is located approximately one and a quarter miles
northwest of the site, and the Santa Cruz Trail and River Park is located one and a
quarter miles to the west.
The two bicycle routes are located along the northbound and southbound Interstate 10
Frontage Roads, approximately three‐quarters of a mile southwest of the project site.
The Rillito Vista Neighborhood Park is located just under one mile southwest of the site
within the Pima County jurisdictional boundaries. This park offers a community center,
volleyball court, a lighted basketball court, ramadas, a picnic area, a playground,
restrooms and drinking water.
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I. Cultural, Archaeological, and Historic Resources
An on‐foot cultural resources survey of the entire property has been completed and
archaeological resources on the site have been identified. Based on this survey, the
owner hired an environmental consultant to complete data recovery field work in order
to mitigate for the cultural resources found on the property. As a result of this data
recovery, the site has been cleared for development with the exception of two areas.
The first area is located within tax parcel 216‐08‐0030 and based on recent
correspondence from the Town of Marana, the Town is prepared to issue a Certificate of
Approval and clear this area for development. As such, the entirety of tax parcel 216‐08‐
0030 will be cleared for development.
The second area is located within tax parcel 216‐08‐0070. This area will be set aside for
now and cleared at a later time.
J. Composite Map
Thorough site analysis and research of the subject property’s existing conditions have
revealed few physical constraints that might impede development on this site.
Information on the site’s topography, hydrology, vegetation and visibility has been
compiled to create a McHarg Composite Map, contained on the following page as
Exhibit Q: McHarg Composite Map.
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III. Land Use Proposal
A. Project Overview
This is a request to rezone the subject property from Zone C (Large Lot Zone) and Zone E
(Transportation Corridor Zone) to HI (Heavy Industry Zone). The project is generally
divided into two areas: (1) a commercial area located along the Tangerine Road
frontage; and (2) industrial uses on the balance of the site. Land uses may include, but
are not limited to, commercial storage; warehousing; professional, administrative and
medical offices; industrial incubator space; machinery sales and service; research and
development; light manufacturing; and laboratory space.
B. Tentative Development Plan
Please refer to Exhibit R: Tentative Development Plan (TDP) for a conceptual illustration
of how the site may be developed. This property is anticipated to be developed in
stages. The stages of development anticipated for this project are as follows:
Phase 1 (5.0± Acres)
International Towers Inc. (ITI), owned by Doug Gratzer who has ownership in Northwest
Storage Group LLC, intends to relocate their headquarters to this site. ITI is in need of
additional office and storage/warehouse space and this property provides an ideal
location. ITI intends to locate in the northwestern portion of the site and within Building
A as shown on the TDP. This building consists of approximately 11,000 square feet, of
which approximately 4,000 square feet consists of office use, and the remaining space
for warehouse/storage use. The building will have sprinklers and potentially an alarm
system, and its height will be determined once it is decided if the building is one or two
stories. ITI wishes to relocate here as soon as possible. This company will be beneficial
to the Town of Marana as it will help to establish this area as an
industrial/business/employment center and will employ approximately 100 people. ITI
also proposes to construct an approximately 120‐foot tall tower in Phase 1. The
approval and design criteria from Title 23 "Wireless Communication Facilities" in the
Marana Land Development Code will apply to the tower.
Building B consists of approximately 5,000 square feet, and at this time is anticipated to
serve the needs of Aircraft Inspection & Management, LLC. The company will also utilize
a construction yard in the area southeast of the building.
Phase 2 (15.0± Acres)
The balance of the site is anticipated for development as an
industrial/business/employment center. However, since tenants have not yet been
secured for the balance of the site, it is not possible to provide accurate detail regarding
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building sizes and locations, and parking area configurations. As such, these areas have
been designated on the TDP as "Future Development Parcels A, B, and C." The use of
these Future Development Parcels provides flexibility in the development of this site. As
tenants are secured for the site, detail regarding buildings, parking areas and other site
specific information will be provided at the Development Plan stage. The requested
zoning will permit industrial type uses on the property and allow the owners to seek out
tenants for this site.
Please refer to Exhibit R: Tentative Development Plan. It identifies the following projects
elements:
• Vehicular access points from Tangerine Road and Breakers Road.
• Phase 1 development area, showing conceptual building footprints with
approximate square footages, parking areas, parking area access lanes, off‐
street loading zones, tower, and access points to Tangerine Road. Title 8
"Commercial Design Standards" apply to this project.
• Future development parcels.
• Primary interior circulation.
• 25‐foot perimeter landscaped bufferyard on all sides of the property.
• Dedication of an additional 125 feet of right‐of‐way that is required for
Tangerine Road.
• Dedication of 30 feet of right‐of‐way for Breakers Road. Breakers Road shall
be built to the Marana Town Engineer's criteria.
• Detention basin on the western boundary of the subject property.
• Preservation of the wash corridor in its natural state (with the only potential
disturbance to be related to a possible vehicular connection, utilities or
improvements required to the wash related to the Tangerine Road
improvements).
• The building heights in Phase 1 will be a maximum of 40 feet. The maximum
height of buildings on the balance of the site will be 55 feet in accordance
with the HI (Heavy Industry Zone) in Section 05.12.03 of the Town of Marana
Land Development Code.
• Two monument signs are planned for the project at the northwestern and
northeastern corners of the subject property. The sign dimensions are
approximately 8’ x 12’. Any proposed signs will require a separate permit.
• No walls are planned for the Phase 1 area.
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C. Existing Land Uses
1. Proposed Zoning Boundaries
The project proposal consists of rezoning the site from C (Large Lot Zone) and E
(Transportation Corridor Zone) to HI (Heavy Industry Zone) in order to permit the
proposed development. Exhibit S: Proposed Zoning Boundaries illustrates the
proposed rezoning on the site and adjacent zoning designations.
2. Assessment of Impact on Existing Land Uses
The proposed project is located in the vicinity of uses similar to the intensity and use
proposed. The site borders commercial and industrial uses to the east and south,
vacant and agricultural land to the north, and land with mixed uses to the west. A
single‐family residence, one mobile home, and a small industrial/commercial
structure are located directly south of the project site. Breakers Water Park is
located approximately 700 feet south of the project site. Ample screening and
vegetative buffering will be provided where appropriate between the project site
and adjacent properties to mitigate any negative impacts related to visibility and
noise. Additionally, the zoning proposed for this site is appropriate given its location
on Tangerine Road, a roadway of major significance in the Town of Marana. This
project is not anticipated to have significant negative impacts on surrounding
properties, based on similar existing land uses and the future development of this
area with industrial uses.
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D. Topography
1. TDP Response to Existing Topographic Characteristics
The project site is relatively flat with one wash flowing through the northern portion
of the site. As such, the topography of the site does not pose any significant
development challenges.
2. Encroachment onto Slopes 15 Percent or Greater
There are no significant slopes 15 percent or greater on the project site.
E. Hydrology
1. TDP Response to Existing Hydrological Characteristics
The Ruelas Regional Watershed has runoff crossing the area at depths up to 1 foot and
velocities up to 3 ft/sec. Onsite runoff will be conveyed within the parking and access
lanes, and exit into the detention/retention basin series on the west side of the
property. Drainage infrastructure will be designed to convey offsite stormwater
through the site to maintain the current exit point. Culverts at the entry points along
Breakers Road will convey between channels designed to collect the sheetflows
crossing the roadway, moving the runoff to the south. The channels are to be built
within the bufferyard, turning from the south to the west, discharging at its current,
historic location. Onsite drainage structures consist of 2 culvert crossings and a
channel.
Runoff accumulated on‐site of the northwestern development will allow for direct
discharge into the wash, with the increased post‐development discharge being
calculated into the retention/detention basins of the larger proposed development.
The larger portion will be conveyed to the west within the parking and access lanes
(PAAL). This runoff will then exit the pavement through a depressed curb and into the
detention/retention basin. Runoff from the site in a developed condition is estimated
at 205 cfs for the 100‐year event.
The temporary retention/detention basins will be in place to allow the northwestern
development to comply with all Town of Marana drainage standards, pending
construction of the retention/detention basins of the larger proposed development.
Alternatively, an in lieu fee may be discussed with the Floodplain Administrator for
waiver of this discharge if justified from an engineering analysis standpoint.
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2. Encroachment/Modification of Drainage Patterns
There will be no significant change to the existing drainage patterns. The area of offsite
flow from the east (OS2 – 28 cfs) will be accepted onto the site and conveyed south
through a constructed channel with the outfall at the original, historic location.
Culverts will be required at the ingress/egress. An alternative to the channel can be a
culvert system with the outfall at the same historic location.
3. Potential Drainage Impact to Off‐Site Land Uses
The drainage impact will either not be impacted (south outlet area), or positively
impacted based on the 15% reduction of the pre‐development discharges leaving the
property.
A master drainage report will be required for the overall development which will
include a 2‐dimensional drainage encroachment analysis of the proposed elevated fill
pads and any impact to onsite and offsite flow depths and velocities. Individual
drainage reports for each block which will be compliant with the master drainage
report shall be provided with the development plans for each block.
4. Engineering and Design Features
The site is within a Critical Basin (Tortolita Fan) such that there is a design requirement
of 15% reduction from the existing conditions peak discharge in the 2‐, 10‐, and 100‐
year storm events. The majority of the site will be graded to direct the runoff toward
detention/retention basins designed to attenuate flows to less‐than, or equal to, the
existing (undeveloped) conditions. The peak discharge for the area to be developed is
estimated at 205 cfs, while the pre‐development discharge of 104 cfs will be reduced
by 15% to 88.4 cfs exiting. The basins will be approximately 3 feet in depth with 4:1
side‐slopes (or flatter) – ideal for landscaping. A variable weir design will meter the
flow to the reduced discharge rate for the 2‐, 5‐, 10‐, and 100‐year storm events. At
maximum peak, the basin may store up to approximately 111,000 cubic feet of
stormwater, depending on the configuration of the site. A bleed‐off pipe will be
required to insure positive drainage, as well as allowing downstream vegetation to
maintain its water source. The minimum size bleeder pipe will be 12” diameter with
smooth interior to minimize clogging; the inlet shall be a 6” orifice plate to allow slow
discharge. The invert of the bleeder pipe will be at the basin floor, or 6 inches above
the basin floor (maximum) for water harvesting.
The drainage area is to be inspected annually and after every major storm event, to
verify that the infrastructure is undamaged, and functions as designed. Items to be
inspected include, but are not limited to, the following:
• Drainage structures for obstructions.
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• Excess sediment buildup on basin floor.
• Bleeder pipe blockages.
• Pavement gutters for erosion.
• Excess oils and pollutants on basin floor from pavement runoff.
• Culvert for blockage, damage, or erosion.
• Channel (if applicable) for erosion and/or debris.
The inspection report shall contain the following summary:
• A statement that either no maintenance work is needed at the time, or a list of
repairs and work to be done to correct deficiencies.
• A statement either indicating that conditions have not changed since the
previous inspection report, or stating that specific changes have occurred which
alter, or eliminate, some of the drainage features – thereby affecting the level
of service to the drainage detention area.
• In addition, the Town Engineer is to be notified immediately, in writing, if
watershed conditions have changed to the extent that drainage and
detention/retention systems no longer satisfy the requirement of the
Floodplain Regulators.
The inspection must be performed by a Registered Professional Engineer. The
engineer must be available to the County and Marana Floodplain Department.
Maintenance responsibility for the site will be the current owners of the property.
5. TDP Conformance with Area Plan, Basin Management Plans and Town Policies
The proposed design is in compliance with Town of Marana Policies. Rainfall analysis
utilized the NOAA Atlas 14 Upper 90% confidence limit. The site is not within a basin
management plan. The site is located within a Critical Basin, and the Town of Marana
does require a 15% reduction from the existing conditions peak discharge in the 2‐, 10‐,
and 100‐year storm events. The site lies within a special flood hazard area as denoted
on the FIRM panel published by FEMA. The area is designated a Zone AO‐1, which is
subject to sheet flow up to 1.0’ in depth, and 3 ft/sec as it moves from the Tortolita
Mountains during a 100‐year storm event. In compliance with Title 25 of the Marana
Land Development Code, a Storm Water Pollution Prevention Plan (SWPPP) will need
to be submitted and reviewed by the Town prior to issuance of a grading permit.
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F. Vegetation and Wildlife
The majority of the vegetation of any significance on the site is located within and
adjacent to the wash on the site, and this wash will largely be preserved in its existing
condition. The only potential disturbance will be for a possible vehicular connection
over the wash, potential utility lines and possibly improvements that are required as
part of the Tangerine Road improvements. As part of the development plan process, a
native plant preservation plan will be prepared in accordance with the requirements of
the Plant Inventory Methodology in Title 17 of the Marana Land Development Code.
Wildlife that may move through the property is likely using the wash and immediately
adjacent area. Since this wash will largely be preserved in its natural condition, the
development of this site will have minimal impacts on wildlife. A 100% area survey will
be completed for Desert Tortoise by a qualified wildlife biologist. A copy of the data
sheet will be provided to the Town prior to issuance of a grading permit.
G. Bufferyards
There will primarily be a 25‐foot landscape bufferyard around the entire perimeter of
the site. The bufferyard will conform to the requirements of the Town of Marana Land
Use Development Code. Based on previous discussions with the neighbor to the south
of the site, the southern boundary landscape bufferyard may be reduced to 10 feet with
a 6‐foot security wall (type to be determined), provided approval is granted by the
adjacent property owner.
H. Viewsheds
Due to the fact that the site will be developed for industrial and commercial uses, and
due to the fact that the surrounding property is anticipated to be developed in the long
term in a similar manner, the preservation of views takes on less importance on this
site.
I. Traffic
1. Traffic Analysis
a. Proposed Internal Circulation and Access to/from Arterial Street
Access to the site will be directly from Tangerine Road and Breakers Road. The
Phase 1 area will access Tangerine Road in one place, as shown on the TDP. The
balance of the site in future phases will be accessed via Breakers Road and a
second access point on Tangerine Road as shown on the Tentative Development
Plan.
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Improvement of Breakers Road to the southern boundary line of the subject
property will be required. The improvements will include, as previously
mentioned, 30 feet right‐of‐way dedication for a 60‐foot future right‐of‐way as
well as a 24‐foot pavement width and/or improvements determined by the
Marana Town Engineer. A Phase I Environmental Site Assessment that is less
than 180 days old shall be submitted prior to the dedication of rights‐of‐way.
c. Projected ADT
According to the Institute of Transportation Engineers Trip Generation, 8th
Edition, the business park category (77) generates 12.76 vehicular trips per every
1000 square feet of gross floor area. Phase 1 of this project anticipates two
buildings with a total of approximately 16,000 square feet. As such, based on the
above information, it would generate 204 vehicle trips per day. This would have
minimal impacts on the level of service of Tangerine Road.
The remainder of the site is anticipated to have approximately 15 acres of
developable area. This is after subtracting the area of the wash, basins, rights‐of‐
way and bufferyards. If applying the maximum floor area ratio of 0.5 per the
Town of Marana Land Development Code, then this site may have up to
approximately 330,000 square feet of building area. As such, the remainder of
this site (area outside of Phase 1) may generate approximately 4,170 vehicle
trips per day. Since the project will be constructed in phases, and since future
improvements are planned for Tangerine Road and Breakers Road, it is not
anticipated that the traffic generated by this project will cause unnecessary
burden on the roadway infrastructure.
A more comprehensive traffic impact analysis will be prepared at the
development plan stage.
d. A Description of Improvements Required
According to the conditions applied to the Park N Shade rezoning, Ordinance
2002.26, it will be required from the subject property’s rezoning that 30 feet will
be dedicated to the Breakers Road future right‐of‐way. Additionally, it is
anticipated that a new 24‐foot wide paved roadway with a structural cross‐
section acceptable to the Town Engineer will be required for Breakers Road.
Funding mechanisms for the construction of Breakers Road may include an
improvement district, where contributions are collected within a benefit area
defined by property owners who will benefit from the improvements to Breakers
Road.
Fire Department access shall be provided by paved all weather roads capable of
supporting a 75,000 pound fire apparatus, installed, tested and approved prior
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to the introduction of combustible construction materials to the site.
J. Public Utilities
Sewer/Septic
The project site will utilize conventional septic systems on‐site, particularly for the
initial phases of construction. Should the Town of Marana install sewer lines in the
immediate area, then future phases of the project may connect to such sewer line.
All phases of the project will be required to hook into sewer when available.
The on‐site septic system will be designed in accordance with all applicable Arizona
Department of Environmental Quality (ADEQ) requirements. The estimated sewage
design flow is 1,000 gallons per acre per day. A more precise capacity of the on‐site
system will be determined at the time of the Development Plan, and the design will
be reviewed and approved by ADEQ prior to construction.
If the total daily design flow, for the entire site, exceeds 2999 gallons per day, it
must be shown, prior to approval of any Development Plan and/or Phase, that the
total nitrogen to ground water is controlled in accordance with the provisions of
R18‐9‐E323.4.23. If total nitrogen to ground water cannot be controlled, as per the
aforementioned, further Phases may not be constructed until such time that either
public or private sewer is made available.
Water
The subject property lies within the boundary of the Town of Marana Municipal
Water service area; however, the Town of Marana does not have water service in
the area at this time. The site is unable to make a connection to existing water lines
at this time because there is no existing water infrastructure in the vicinity of the
subject property.
The property owner will be responsible for the design and construction of all public
on‐site and off‐site water infrastructure (including wells, reservoir storage, and
booster station) required to serve fire protection and other water demands for the
project. All design and construction will be reviewed and approved by the Marana
Utilities Department prior to acceptance.
Storage will also be required for this project. The property owner will establish a
plan to meet storage and fire flow requirements as required by Northwest Fire
District (NWFD). This plan indicates that water will be provided by on‐site wells and
that the minimum fire flow of 1,500 gallons per minute. 1,500 gallons per minute
for 120 minutes will require minimum storage site capacity of 180,000. Fire flow
meeting the requirements of the fire code shall be provided by fire hydrants
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installed, tested and approved prior to the introduction of combustible materials to
the site. Water storage will meet the requirements of the International Fire Code
(IFC) and the National Fire Protection Association (NFPA). The method of water
storage will be determined during discussions with the Northwest Fire District or
other fire protection provider.
Distribution lines and system pressures shall be designed in accordance with Town
of Marana Municipal Water requirements. Water system plans shall be submitted
for review and approval to the Town of Marana and Northwest Fire District or other
fire protection provider.
Gas
There will be no use of natural gas on‐site.
Electric
Trico Electric Company currently serves this area and will provide electric service to
this site. Single phase power is available along the east side of Breakers Road, with
two possible points of connections. Three phase power is available along the north
side of Tangerine Road. Please see Appendix B for a map of the nearest Trico
infrastructure to the subject property.
Telecommunications
Marana Technology Campus is located within CenturyLink’s telephone and
broadband internet service area.
K. Public Service Impacts
Police
The project site is within the Town of Marana’s police jurisdiction. The Town of
Marana Police Headquarters is located at 11555 W. Civic Center Drive.
Fire
The site is not located within the service area of Northwest Fire District (NWFD), but
based on preliminary conversations, they are interested in serving the site. The
nearest fire station is Northwest Fire Station #37 located at 13001 North Tortolita
Road approximately three and a half miles northeast of the project site. The
property is not located within a public fire district and should be annexed into the
NWFD, or other arrangement made for fire service, prior to approval of the
development plan. The building proposed in Phase I will have sprinklers to minimize
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the impacts to fire protection.
Sanitary Pick‐Up
Sanitary pick‐up will be provided through a contract with a private garbage
collection service.
Impact of the Development on Schools and Parks
Since the proposed development consists of commercial and industrial land uses, it
will have no impact on schools or parks.
L. Recreation and Trails
Since the proposed rezoning of the subject property is intended for commercial and
industrial development, recreation amenities will not be offered within the
development and existing off‐site amenities will not be affected. No connections to
existing trails are proposed for this project.
M. Cultural, Archaeological and Historic Resources
This property has undergone extensive archaeological study via property wide, on‐foot
surveys, and cultural resources have been identified on the site. To a large extent,
cultural resources have been recovered and appropriate mitigation efforts have been
made.
As previously discussed in this report, there are two areas of concern remaining for this
property. The first area is located within tax parcel 216‐08‐0030 and based on recent
correspondence from the Town of Marana, the Town is prepared to issue a Certificate of
Approval and clear this area for development. As such, the entirety of tax parcel 216‐08‐
0030 will be cleared for development.
The second area is located within tax parcel 216‐08‐0070 and is shown on Exhibit R:
Tentative Development Plan. This area will be set aside for now and cleared for
development via proper mitigation steps to be taken in the future.
It should be noted that if any human remains or funerary item are discovered on the site
during construction, or at any time, all work must stop in the area of the remains and
Mr. John Madsen, Repatriation Coordinator, must be contacted immediately at (520)
621‐4795, pursuant to A.R.S. §41‐865.
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Marana Technology Campus
WLB No. 113033‐A‐001
APPENDIX A
SIGNIFICANT RESOURCE INVENTORY (SRI)
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Marana Technology Campus
WLB No. 113033‐A‐001
APPENDIX B
TRICO ELECTRIC INFRASTRUCTURE
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Marana Technology Campus
WLB No. 113033‐A‐001
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DEC. 4, 2013
A NEW HEADQUARTERS FOR INTERNATIONAL TOWERS INC.
CONCEPT ELEVATION (DESERT COLORS)
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, February 18, 2014, 7:00 PM
To: Mayor and Council Item A 2
From: Ryan Mahoney, Planning Director
Strategic Plan Focus Area:
Commerce, Community
Strategic Plan Focus Area - Additional Information:
The Twin Peaks Corridor Study addresses the Community and Recreation Focus Areas in the Strategic
Plan II.
Community Focus Area - Initiative 3: Establishes measures to ensure that future development, land use,
and projects within the Twin Peaks Corridor protects and showcases the Sonoran Desert.
Recreation Focus Area - Initiative 4: Develops Sonoran Desert-centered recreational opportunities
through the integration of trails and paths into the design of each neighborhood.
Subject: Resolution No. 2014-013: Relating to Development; approving the Twin Peaks Corridor
Study as a guide for new development in the Twin Peaks Corridor.
Discussion:
Introduction
The Twin Peaks Corridor Study is a synthesis of adopted policy and regulation and includes relevant
excerpts from the Marana General Plan and Land Development Code. Additional Guidelines have been
created that help ensure the Vision for the Corridor is realized. These are supported by the Goals
outlined in the Study which reflect the community's desire to see development in this area of Marana
highlight the natural desert environment and provide aesthetic treatments and amenities that improve the
quality of life for Marana residents.
Vision
The Twin Peaks Corridor is a showcase for development in the Sonoran Desert and is highlighted by its
built environment that has preserved open space and wildlife linkages that serves the dual purpose of
buffering nearby development. The incredible vistas of the surrounding desert landscape set the
backdrop for the public trails and amenities that connect the neighborhoods along the Corridor and
support the active recreation lifestyle desired by Marana residents. Development blends with the desert
Regular Council Meeting - February 18, 2014 - Page 111 of 413
environment by enhancing native landscaping throughout each neighborhood and through careful site
design that respects the unique character of each property and provides common features that unify the
corridor.
Goals
Marana recognizes the value of promoting development that respects the Sonoran Desert environment.
The following Goals are meant to capture the character of development that is appropriate for the Twin
Peaks Corridor which will promote the quality of life characteristics identified in our adopted plans and
policies.
1. Create a brand for the Twin Peaks Corridor that is characterized by certain common elements found in
each new development. These include recreation amenities, monument signage entry treatments,
landscaping, color palette, and the use of similar materials.
2. Promote development that achieves minimal visual impact on the surrounding desert environment as
viewed from rights of way, adjacent development and designated recreation and open space areas.
3. Enhance native desert landscaping within developments and in adjacent buffer zones that serve to
improve the overall aesthetic of the corridor.
Scope
For the purpose of this study, the Twin Peaks Corridor is defined by those parcels along Twin Peaks
Road and Camino de Manana between Linda Vista Boulevard and Tangerine Road.
Applicability
The Twin Peaks Corridor Design Guidelines shall apply to properties that abut or have access to Twin
Peaks Road or Camino de Manana. This will include all new developments and expansions over twenty-
five (25) percent for an existing development/parcel within the study area boundary.
Purpose
The Twin Peaks Corridor Study establishes Design Guidelines to create a cohesive theme for the
Corridor including recreation amenities, monument signage, landscaping, and color palette while still
supporting quality development, critical to achieving the Town's Strategic Vision.
The Corridor is part of the Tortolita Fan and includes an extensive area marked by natural drainage
channels created by storm water runoff from the Tortolita Mountains. This is a limiting factor for
development but also an opportunity to create neighborhoods that complement the Sonoran Desert
character and enhance the community's livability and quality of life.
The Design Guidelines will be used by Town staff in reviewing all new development proposals within
the Corridor. These are supplemental to the adopted policies and regulations found in the Marana 2010
General Plan and the Town of Marana Land Development Code and shall not be considered as
alternatives. Should a conflict arise between these Guidelines and the adopted regulations of the Town,
the more restrictive interpretation shall apply.
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Financial Impact:
none
ATTACHMENTS:
Name:Description:Type:
Reso 2014-
013 Twin Peaks Corridor Study Resolution 1 31 14.docx Reso 2014-013 Resolution
Twin Peaks Corridor Studyƒ.pdf The Twin Peaks Corridor Study Backup Material
Staff Recommendation:
Staff recommends adoption of Resolution No. 2014-013, approving the Twin Peak Corridor Study as a
guide for new development within the Twin Peaks Corridor.
Commission Recommendation - if applicable:
The Twin Peaks Corridor study was presented to the Marana Planning Commission on January 29, 2014
and received a unanimous (7-0) recommendation to the Marana Town Council for approval, with a
recommended revision to require landscape screening to be achieved "within five years" instead of "in a
reasonable amount of time" (page 11, paragraph 2 of the study). The version presented to Council
tonight does not include this recommended revision.
Suggested Motion:
I move to adopt Resolution No. 2014-013, approving the Twin Peaks Corridor Study as a guide for new
development within the Twin Peaks Corridor.
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Resolution No. 2014-013 - 1 - 1/31/2014 4:36 PM FJC
MARANA RESOLUTION NO. 2014-013
RELATING TO DEVELOPMENT; APPROVING THE TWIN PEAKS CORRIDOR STUDY
AS A GUIDE FOR NEW DEVELOPMENT IN THE TWIN PEAKS CORRIDOR
WHEREAS Twin Peaks Road from I-10 to Tangerine Road is a new major arterial
roadway through an area with high quality Sonoran Desert vegetation, large undeveloped
parcels, and existing low-density residential development; and
WHEREAS the Town has a unique opportunity to facilitate high quality, environmentally
sensitive new development within the geographic area influenced by new Twin Peaks Road; and
WHEREAS Town staff has undertaken the Twin Peaks Corridor Study to (1) create a
brand for the Twin Peaks Corridor that promotes and establishes recreation amenities, monument
signage entry treatments, landscaping, color palette, and the use of similar materials for all new
development in the corridor; (2) promote development that achieves minimal visual impact on
the surrounding desert environment as viewed from rights of way, adjacent development and
designated recreation and open space areas; and (3) enhance native desert landscaping within
developments and in adjacent buffer zones that serve to improve the overall aesthetic of the
corridor; and
WHEREAS the Town Council finds that development of the Twin Peaks Corridor Study
Area in a manner consistent with the Twin Peaks Corridor Study is in the best interests of the
Town and its residents and businesses.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION l. The Town hereby approves the Twin Peaks Corridor Study as a guide for
new development within the Twin Peaks Corridor, as geographically identified in the Study,
supplementing and implementing the community goals and development policies in the Marana
General Plan.
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Resolution No. 2014-013 - 2 - 1/31/2014 4:36 PM FJC
SECTION 2. Town staff shall use the Design Guidelines and Goals of the Twin Peaks
Corridor Study in reviewing all new development proposals within the Twin Peaks Corridor, and
shall include proposed conditions and stipulations of rezoning and specific plan approval for
development within the Twin Peaks Corridor that implement the Design Guidelines and Goals of
the Twin Peaks Corridor Study.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18th day of February, 2014.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
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TABLE OF CONTENTS
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INTRODUCTION 4
VISION 4
GOALS 5
SCOPE 6
APPLICABILITY 6
PURPOSE 6
ADMINISTRATION 6
GUIDELINES
DEVELOPMENT IDENTIFICATION 7
RECREATION 7
MONUMENT SIGNAGE 8
WILDLIFE LINKAGES / OPEN SPACE 9
LANDSCAPING 10
COLOR TREATMENTS 13
APPENDICES
APPENDIX A – TWIN PEAKS CORRIDOR STUDY MAP 14 –15
APPENDIX B – TOWN OF MARANA GENERAL PLAN REVIEW 16
APPENDIX C – LAND DEVELOPMENT CODE REVIEW 20
APPENDIX D – PREFERRED PLANT LIST 26
APPENDIX E – VISUAL PREFERENCE SURVEY 32
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4
INTRODUCTION
The Twin Peaks Corridor Study is a synthesis of
adopted policy and regulation and includes
relevant excerpts from the Marana General
Plan and Land Development Code. Additional
Guidelines have been created that help
ensure the Vision for the Corridor is realized.
These are supported by the Goals outlined in
the Study which reflect the community’s desire
to see development in this area of Marana
highlight the natural desert environment and
provide aesthetic treatments and amenities
that improve the quality of life for Marana
residents.
VISION
The Twin Peaks Corridor is a showcase for
development in the Sonoran Desert and is
highlighted by its built environment that has
preserved open space and wildlife linkages
that serves the dual purpose of buffering
nearby development. The incredible vistas
of the surrounding desert landscape set the
backdrop for the public trails and amenities that
connect the neighborhoods along the Corridor
and support the active recreation lifestyle
desired by Marana residents. Development
blends with the desert environment by
enhancing native landscaping throughout
each neighborhood and through careful site
design that respects the unique character of
each property and provides common features
that unify the Corridor.
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GOALS
Marana recognizes the value of promoting
development that respects the Sonoran
Desert environment. The following Goals
are meant to capture the character of
development that is appropriate for the
Twin Peaks Corridor which will promote the
quality of life characteristics identified in our
adopted plans and policies.
THE GOALS OF THE TWIN PEAKS
CORRIDOR STUDY ARE TO:
1. Create a brand for the Twin Peaks
Corridor that is characterized by certain
common elements found in each new
development. These include recreation
amenities, monument signage entry
treatments, landscaping, color palette,
and the use of similar materials.
2. Create development that achieves
minimal visual impact on the surrounding
desert environment as viewed from rights
of way, adjacent development and
designated recreation and open space
areas.
3. Enhance native desert landscaping
within developments and in adjacent
buffer zones that serve to improve the
overall aesthetic of the Corridor.
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SCOPE
For the purpose of this Study, the Twin
Peaks Corridor is defined by those parcels
along Twin Peaks Road and Camino de
Manana between Linda Vista Boulevard and
Tangerine Road (Appendix A).
APPLICABILITY
These Twin Peaks Corridor Design Guidelines
shall apply to properties that abut or have
access to Twin Peaks Road or Camino
de Manana. This will include all new
developments and expansions over twenty-
five (25) percent for an existing development/
parcel within the Study area boundary.
PURPOSE
The Twin Peaks Corridor Study establishes
Design Guidelines to create a cohesive
theme for the Corridor including recreation
amenities, monument signage, landscaping,
and color palette while still supporting quality
development, critical to achieving the Town’s
Strategic Vision.
The Corridor is part of the Tortolita Fan and
includes an extensive area marked by natural
drainage channels created by storm water
runoff from the Tortolita Mountains. This is a
limiting factor for development but also an
opportunity to create neighborhoods that
complement the Sonoran Desert character
and enhance the community’s livability and
quality of life.
ADMINISTRATION
The Design Guidelines will be used by Town
staff in reviewing all new development
proposals within the Corridor. These are
supplemental to the adopted policies
and regulations found in the Marana 2010
General Plan (Appendix B) and the Town
of Marana Land Development Code
(Appendix C) and shall not be considered
as alternatives. Should a conflict arise
between these Guidelines and the adopted
regulations of the Town, the more restrictive
interpretation shall apply.
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GUIDELINES
DEVELOPMENT IDENTIFICATION
Projects identified as being part of this Twin
Peaks Corridor Study shall incorporate the
‘Twin Peaks’ moniker into the name of the
project.
RECREATION
Trails and paths shall be integrated into the
design of each neighborhood and shall
connect through adjoining neighborhoods to
create a linked system of neighborhood trails
within the Twin Peaks Corridor.
1. Trails access to/from adjacent parcels
shall be provided at approximately ¼ mile
intervals
2. Trail alignments may be located in
landscaped buffer yards so long as the
required screening can be achieved and
access easements are obtained
3. Paved access from each development
shall connect with the existing pedestrian
improvements (sidewalk, multi-use path)
along Twin Peaks Road
4. Recreation features should be designed
to front onto Twin Peaks Road
a. Features include neighborhood
parks and shaded seating areas
5. A separated, paved path shall be built
by each new development along Camino
de Manana to connect from Twin Peaks
Road to Tangerine Road and the Town’s
Tangerine Corridor Community Park.
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MONUMENT SIGNAGE
Monument entry signage shall be comprised
of a combination of natural, desert themed
materials and should be designed to
complement the natural desert surroundings.
Monument design shall be approved by the
Planning Director prior to construction.
MATERIALS TO BE USED IN EACH
MONUMENT DESIGN INCLUDE:
1. Mud adobe block
2. Desert earth tone rock such as ‘Santa
Fe Gold’ or ‘Apache Gold’
a. May include boulders, stacked/
ledge stone, gabion walls
b. If faux stone veneer is included in
the design, natural stone shall also
be incorporated
3. Rusted steel lettering not to exceed 12
inches in height
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WILDLIFE LINKAGES/OPEN SPACE
Several wildlife crossing structures were
incorporated in Twin Peaks Road and will
be incorporated into the Tangerine Road
improvement plan. Connectivity between
these structures and the preservation of open
space will help to maintain wildlife habitat
and movement in the area.
1. Development shall incorporate open
space that avoids interference with
and maintains functionality of wildlife
crossings
2. Development shall incorporate
continuous open space within
developments and with adjacent
properties and/or developments
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LANDSCAPING
Landscaped buffer yards and treatments
shall be required along the edges of
developments to achieve enhanced visual
screening. Areas that have deep setbacks
and intact native desert landscaping that
already meet the screening requirement of
this guideline may be exempt. The following
shall be incorporated into a professional
landscape design:
1. Landscaped buffer yards shall be
a minimum depth of twenty (20) feet
with a target screening effect of
approximately seventy-five percent of
the objects behind the buffer yard.
a. To the extent possible, buffer
yards shall be contained on private
property. In instances where space
is limited or larger buffer yards are
required to achieve an acceptable
level of screening, buffer yards may
need to encroach on public right of
way
b. Any installation of landscape,
irrigation, hardscape or any other
private improvements within the
public right of way shall require an
approved License Agreement that
includes a planting, irrigation and
maintenance plan
TWIN PEAKS CROSS SECTION
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c. Required landscape buffer yards
in the public right of way shall not
disturb existing landscaping, slope
and drainage improvements or any
structural walls or monuments
2. Plants, shrubs and trees shall be
of substantial enough size such that
the desired screening effect can be
achieved in a reasonable amount of
time.
a. Landscaping shall consist
of multiple vertical layers of
vegetation, i.e. groundcover, shrubs,
and trees, for obscuring walls, utility
boxes, and buildings
b. Plants shall be at least one-gallon
size at planting time
c. Shrubs shall be at least five-gallon
size at planting time
d. Trees shall be at least fifteen-
gallon size and have a caliper of at
least 1 ½ - 2 inches depending on
branching and species type
e. Trees may be transplanted from
the building site to the required
buffer yard but shall be replaced by
a similar species and size if it does
not survive
f. Required buffer yards shall have a
decomposed granite ground cover
where organic groundcover is not
installed and where the ground will
be highly visible from the adjacent
roadway
3. The preferred native plant list
(Appendix D) shall be used in
determining the landscape palette in
the required buffer yards.
4. Care should be taken to prevent
the spread of invasive species and
if prohibited plants are detected on
a property, they should be removed
immediately.
a. Contractors may be required
to clean their vehicles to prevent
transport of soil and plant material
before entering or leaving a
construction site
b. Cover invasive plant material,
including soil and fill, during
transport
5. All above ground utility cabinets,
bollards, poles and power pedestals
that are located on the perimeter of a
development or are easily seen from
the adjacent external right of way shall
be installed plumb and square with the
roadway. These shall be screened from
view as seen from the adjacent right
of way using landscaping, decorative
screen or low wall and shall be painted
using a paint that does not exceed 35%
light reflectivity value.
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ACCEPTABLE NOT ACCEPTABLE
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COLOR TREATMENTS
The light reflectivity value (LRV) is a general
scale to describe the measure of visible light
reflected from a surface. In general a lower
value means less reflectivity. Controlling
the LRV in certain areas can help to
control visibility of objects that may not be
considered desirable. Used in combination
with other treatments such as landscaping,
an object can almost disappear from sight.
This strategy is incorporated into these
Guidelines with specific emphasis on exterior
walls, utility cabinets and perimeter houses.
1. The maximum LRV for perimeter walls,
utility cabinets and perimeter houses
shall not exceed 35%
2. The color palette used to achieve the
LRV limit shall be earth tone colors. Trim
colors shall not exceed an LRV of 40%
3. Tile roofs are required on all perimeter
houses and shall also comply with the
35% LRV limit
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Twin Peaks & Oasis 36.79 2.36 87
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West 2 96 2.01 193
East 1 36 2.01 72
East 2 71 2.01 143
East 3 45.9 2.01 92
East 4 138 2.01 277
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West 2 96 2.5 240
East 1 36 2.5 90
East 2 71 2.5 178
East 3 45.9 2.5 115
East 4 138 2.5 345
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Regular Council Meeting - February 18, 2014 - Page 129 of 413
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4Appendix A:
The Twin Peaks
Corridor Study
0 10.5
Miles
January 2014
Disc aimer: his map and accompanying density calculations are
ntended to illustrate the own s desired land uses for this area as
described in the Marana 2010 General Plan low density
resident al with a density range of 5 2 0
he graphic depictions on this map do not grant or entitle
any properties for land uses not already adopted by the
Marana own Council
Potential Development
Large Wildlife Fence
Medium Wildlife Fence
!(Large Wildlife Crossing
!(Medium Wildlife Crossing
!(Culverts
Multiuse Path
Proposed Trails
Washes
Twin Peaks ROW
kj Twin Peaks Gateway Monument
Approved Developments
Proposed Developments
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The following experts taken from different parts of the Town of Marana General Plan
and Land Development Code were chosen based on their applicability to the study
area. These sections were taken in the order written in the original documents which
means the numeration may not appear to follow a logical sequence. The numeration
was not changed so the user of this Study can easily refer back to the General Plan
and Land Development Code to find their original place in those documents.
TWIN PEAKS IS IN THE NE GROWTH AREA
This area is contemplated for low density residential (0.5 – 2 RAC see page 5.16)
and includes:
TANGERINE ROAD SPECIAL PLANNING AREA
Tangerine Road will someday be a major east-west connector with an ultimate design
of six or more lanes. The Town sees the great potential in this area and the Economic
Roadmap identified three of the nine activity centers along the Tangerine Road
corridor. This area does have some environmental and physical constraints that will
have to be addressed, but overall this area will be critical to the economic growth of
the Town.
NORTHEAST AREA
This growth area has significant environmentally-challenging areas that constrain
development. This area will see future development that will include land preservation,
limits on land disturbance, and projects, commercial and residential, which will be
carefully integrated with the natural conditions. Residential communities will generally
be low-density and/or clustered development which responds to the environmental
constraints. A significant portion of the land may be preserved as open space to
preserve habitat and resources. It is anticipated that this area will see an increase
in both residential and commercial development with the completed Twin Peaks
interchange which provides easy connection to the Dove Mountain area. This road
will accommodate a tremendous amount of traffic not only from Marana residents but
also Oro Valley and the unincorporated residents. Key features will include:
APPENDIX B - TOWN OF MARANA 2010 GENERAL PLAN REVIEW
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1. Master planned communities incorporating clustered development.
2. Large lot custom/semi-custom homes.
3. Resort development.
4. Large scale commercial development.
5. Mixed-Use projects.
6. Employment-based Industry.
7. Significant open space, trails, and recreational amenities. (see page 5.9)
Talks about career oriented commerce – “A goal of the Commerce Center Focus Area
of the Strategic Plan calls upon the Town to build upon the unique combination of
assets to attract and maintain career oriented commerce.” (see page 5.12)
GOALS, POLICY, ACTIONS
GOAL 1: ADOPT SUSTAINABLE DEVELOPMENT AS A UNIFYING GOAL TO SECURE
MARANA’S FUTURE.
a. Policy: Preserve and protect our natural resources in order to promote a
sustainable community.
1. Action: Use compact development where appropriate coupled with
best management practices to improve environmental outcomes.
2. Action: Extend the commercial and residential design standards to
include sustainability with the goal of reducing energy use and water
consumption.
3. Action: Preserve the Sonoran Desert character by evaluating
appropriate site disturbance standards and preserving native plants.
4. Action: Provide opportunities for both onsite and offsite riparian habitat
restoration.
5. Action: Work to preserve the continuity of habitat and the connectivity
of wildlife corridors.
APPENDIX B - TOWN OF MARANA 2010 GENERAL PLAN REVIEW
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c. Policy: Promote a favorable business environment by providing a consistent
and user-friendly regulatory environment that responds to the needs of
established businesses in all policy areas and supports the development of
small and large businesses.
1. Action: Provide for certainty, consistency, and timely processing of the
approval process.
d. Policy: Promote a healthy, adaptable local economy that is vital to the
community’s ability to provide a highly desirable quality of life, high levels of
services and amenities.
1. Action: Assist persons and businesses in understanding and working
through regulations and permit processes.
2. Action: Provide quality urban spaces, parks and recreation, with trails
and walkways that serve the community.
f. Policy: Support development that provides open space and trails, preserves
views, and responds to the rural lifestyle.
1. Action: Continue requiring developers to provide open space, trails,
and connectivity with paseos in their projects.
2. Action: Require multipurpose trails in the design of buffers between
urbanizing and rural areas.
3. Action: Continue to pursue funding sources and extensions of the
Tortolita Mountain and Santa Cruz River trail systems. (see page 5.19)
GOAL 2: PROVIDE OPPORTUNITIES FOR DIVERSE DEVELOPMENTS THAT MAXIMIZE THE
BENEFITS TO THE COMMUNITY.
a. Policy: Promote new development that is compatible with existing land
uses.
1. Action: Establish appropriate land development designations with
densities and intensities that complement existing natural conditions and
residential areas.
2. Action: Develop guidelines for enhancing new development and
APPENDIX B - TOWN OF MARANA 2010 GENERAL PLAN REVIEW
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mitigating potential impacts on existing neighborhoods.
3. Action: Implement buffers, and connections such as parks, open
space, paseos, and trails where significant shifts in density occur or
between older and newer neighborhoods. (see page 5.20)
d. Policy: Provide a development pattern that minimizes public expenditures.
1. Action: Encourage growth in locations where infrastructure capacity
exists or can be easily extended.
GOAL 3: PROMOTE AND MAINTAIN HIGH QUALITY DESIGN, DEVELOPMENT, AND
NEIGHBORHOODS.
a. Policy: Continue to be on the cutting edge of development by promoting
new and innovative practices.
2. Action: Continue to evaluate development proposals based on
adopted commercial and residential design standards.
4. Action: Adhere to or establish design themes in residential, commercial
and industrial projects such as landscape, signage, or architectural
features. (see 5.21)
APPENDIX B - TOWN OF MARANA 2010 GENERAL PLAN REVIEW
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06.04 DESIGN STANDARDS
06.04.01 GENERAL
A. Every subdivision shall conform to the requirements and objectives of the General
Plan, or any parts thereof, as adopted by the Town Council, to the Land Development
Code and to other ordinances and regulations of the Town, and to the Arizona
Revised Statutes.
06.04.02 BUILDING AND SITE DESIGN
A. Building design shall consider the surrounding natural environment and be
consistent and compatible with the character of the area and the zoning designation.
B. External building materials should be compatible with the natural landscape.
Examples are native stone, adobe, and wood. Use of highly reflective metals, plastic
and fiberglass should not be used except where it has been demonstrated that such
materials are desirable for the type of use proposed (e.g., greenhouses).
C. Colors shall blend with the surrounding natural environment. In addition, roofs must
meet the color requirements as well.
D. Developments should be designed to include smaller, clustered buildings or
enhanced articulated elements rather than single massive structures that detract from
the character of the area and obliterate the natural viewshed.
E. The siting of structures should take into consideration the natural and built
environments of the property. Existing vegetation shall be retained to the extent
possible and natural grades should not be significantly modified.
F. All subdivisions shall result in the creation of lots capable of being lawfully built
upon. Except for parcels to be maintained as open space or for another specific
stated purpose, no subdivision shall create lots which are physically unsuitable for
improvement due to size or shape, steepness of terrain, location of watercourses,
problems of sewerage or driveway grades, or other natural physical conditions.
G. Wherever practical, building design and layout should be designed to facilitate
solar access and energy efficiency.
APPENDIX C - LAND DEVELOPMENT CODE REVIEW
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H. Vehicle and pedestrian ways should be clearly delineated to prevent congestion
and conflicts. Service vehicle areas shall be located such that they are screened from
view of public ways and private property.
I. Pedestrian ways and multi-use paths may be required where essential for circulation,
or for access to schools, playgrounds, shopping centers, transportation, and other
community facilities. Pedestrian ways and multi-use paths may be used for utility
purposes.
J. Where feasible, utilities such as meter boxes, mechanical installations and trash
containers shall be screened with landscaping and materials complementary to the
building design. Onsite electrical wiring shall be underground.
K. Landscaping shall be provided in all required front and street side setback areas
and should emphasize the use of drought-tolerant and native plants, unless an
alternative renewable water resource is available and can be provided.
L. Washes should be retained in a natural state and left undisturbed where possible.
M. All outdoor lighting shall comply with the adopted Outdoor Lighting Code
requirements. In addition to these requirements, all fixtures shall be fully shielded. Light
standards shall not exceed a maximum height of 15 feet.
TITLE 8
GENERAL DEVELOPMENT REGULATIONS
08.06 RESIDENTIAL DESIGN
8.06.01 PURPOSE
A. The purpose of the neighborhood and residential design standards is to foster the
establishment of neighborhoods that avoid the appearance of “production,” leading
to greater diversity and quality of residential development within the Town of Marana.
It is necessary that new developments in which any lot is 16,000 square feet or smaller
accomplish the following:
1. Foster variety of architectural style, house and lot size, and price within and
among residential neighborhoods.
APPENDIX C - LAND DEVELOPMENT CODE REVIEW
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2. Create pedestrian friendly neighborhood streets through reduced
pavement and increased landscaping.
3. Provide visual relief and shade through landscaping along streets, common
entryways, common areas, and on individual lots.
4. Integrate roads, paths, and trails within neighborhoods and through
adjoining neighborhoods.
5. Incorporate parks and open space into the fabric of the neighborhood.
8.06.02 APPLICABILITY
A. Neighborhood design standards shall apply to any subdivision containing one or
more lots 16,000 square feet or smaller, unless the subdivision is part of a specific plan
governed by neighborhood design regulations tailored to that plan. However, these
standards shall not apply to applications for preliminary plats submitted on or before
the effective date of this ordinance provided that a final plat is approved not later
than one year after the adoption date.
B. Residential design standards shall apply to all detached dwellings in subdivisions
containing one or more lots 16,000 square feet or smaller for which an application for
a building permit is submitted after January 1, 2006, unless the residential lot is within a
specific plan governed by residential design regulations tailored to that plan. Where
model home plans have been approved for a specific subdivision prior to January 1,
2006, construction may continue thereafter according to the approved models.
8.06.05 NEIGHBORHOOD DESIGN PLAN BASIC STANDARDS
A. Basic Standards. The neighborhood design plan shall be at a minimum comprised of
the following basic standards as described below, or as described in Section 8.06.06,
to accomplish the purpose of this ordinance.
B. Site Planning Standards.
2. Common Area and Recreation Area Standards.
APPENDIX C - LAND DEVELOPMENT CODE REVIEW
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b. Public neighborhood parks and open spaces shall be incorporated
within the fabric of the neighborhood, located and designed to maximize
proximity to the largest number of homes within the neighborhood and
to maximize accessibility and visibility from the front of surrounding and
nearby residences. Neighborhoods shall be designed around parks and
open spaces. Required parks shall not be located on remnants of land
remaining upon completion of the lotting layout of the subdivision.
c. All subdivisions shall contribute to the Town’s regional park and trail
system, either through land donation and/or an impact fee.
d. Paths or trails within subdivisions shall be designed to link neighborhood
components and amenities and shall connect to adjacent subdivisions.
e. Preserved washes and constructed drainage features shall be
integrated into the overall site design.
f. Drainage ways and detention/retention areas shall be designed to
create a natural appearance, with meandering channels rather than
linear and trapezoidal channels.
g. Land shall be graded to balance cut and fill areas and to distribute
grade changes throughout the subdivision, to avoid where practicable
grade differences and cut slopes greater than 4:1 between adjacent lots
and between lots and adjacent rights of way.
3. Street trees.
a. A local street plan wherein sidewalks are separated from the curb by
a landscaped curbway not less than six feet wide meets the intent of
these regulations. Street trees shall be planted every 50 feet along the
curbway. The homeowners’ association shall maintain all landscaping in
the right of way as provided for in a license agreement from the Town.
c. Entry and Edge Standards.
1. Entry landscaping. Entry landscaping may be used to visually enhance the
character of the neighborhood and complement the community. Secondary
treatments may be used at other access locations. Entry landscaping shall be
APPENDIX C - LAND DEVELOPMENT CODE REVIEW
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located so that it does not interfere with the sight visibility triangle.
2. Edge landscaping. Where the edge of a subdivision adjoins public right of way
for an arterial street, the applicant shall develop a landscaping plan for the right
of way in consultation with the Planning Director and subdivision engineer.
4. Perimeter walls. Where the neighborhood design plan includes perimeter
walls, all walls visible from the public right of way and adjacent existing
residential development shall incorporate one or more visually appealing design
treatments, such as the use of two or more decorative materials like stucco,
tile, stone, wrought iron or brick; a visually interesting design on the wall surface;
varied wall alignments, such as jog, curve, notch, setback; and/or trees and
shrubbery in voids created by wall variations. View fencing shall not be used
where houses can be viewed from public streets. Uncolored grey block is not
permitted. Perimeter walls shall be kept free of graffiti.
8.06.08 RESIDENTIAL DESIGN PLAN BASIC STANDARDS
A. Architectural Standards.
1. Multi-story development.
a. Not more than 50% of the lots in a subdivision may contain multi-story
dwellings.
3. Color. Color schemes other than a dwelling’s trim color shall not exceed a light
reflectivity value of 50 %. The residential design plan shall include a color palette that
ensures variety along the streetscape and within the neighborhood. The plan shall
describe how the color palette will be implemented.
B. Individual Lot Landscaping.
4. All screen walls enclosing individual side and rear lots shall be uniform throughout
the subdivision and shall be designed to incorporate color or contrasting materials
or design elements. No uncolored grey block shall be allowed. View fencing may
be required in certain locations where houses back onto natural features or other
amenities, but shall not be permitted where backs of houses are visible from public
streets.
APPENDIX C - LAND DEVELOPMENT CODE REVIEW
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C. Lots adjoining major roads, collectors or arterials.
2. Multi-story dwellings. Multi-story dwellings shall be prohibited on those lots along
the edge of a subdivision where adjoining existing lots have one-story dwellings.
This provision shall not apply to subdivisions located adjoining each other within a
master planned community approved under a common rezoning.
APPENDIX C - LAND DEVELOPMENT CODE REVIEW
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PREFERRED LOW WATER USE / DROUGHT
TOLERANT NATIVE PLANT LIST
The plants on this list can be grown with moderate to no supplemental irrigation
once they are established. Occasionally, for good appearance, supplemental
irrigation may be applied during the growing season. In addition to the cacti on
this list, any cacti salvaged and tagged in compliance with state agricultural and
horticultural regulations may be used.
Nearly all of the plants on the Plant List meet the Arizona Department of Water
Resources (ADWR) standard for low consumption. Some plants on the list may
fall under more than one plant type category (e.g. Acacia constricta can be
grown as a tree or a shrub depending upon the growth habit that is preferred).
Applications for additions, deletions or exceptions to the list may be submitted to
the Planning Director.
The following list of Native Plants is the preferred vegetation for landscaping in the
Twin Peaks Corridor Study Area. (Provided by Tucson Audubon Society)
TREES LATIN NAME
Whitethorn acacia Acacia constricta
Catclaw acacia Acacia greggii
Netleaf hackberry, canyon hackberry Celtis reticulata
Desert willow Chilopsis linearis
Ironwood Olneya tesota
Blue palo verde Parkinsonia florida
Foothills Palo Verde Parkinsonia microphylla
Screwbean mesquite Prosopis pubenscens
Velvet mesquite Prosopis velutina
Mexican elderberry Sambucus nigra
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SHRUBS LATIN NAME
All-thorn; crucifixion-thorn Koeberlinia spinosa
Autumn sage Salvia gregii
Black dalea Dalea frutescens
Brittlebush Encelia farinosa
Chuparosa Justicia californica
Creosote Larrea tridentata
Desert hackberry Celtis pallida
Desert honeysuckle Anisacanthus thurberi
Desert saltbush Atriplex polycarpa
Ephedra, Mormon tea Ephedra sp.
Four-winged saltbush Atriplex canescens
Desert saltbush Atriplex polycarpa
Graythorn Ziziphus obtusifolia
Fairy duster Calliandra eriophylla
Fragrant beebush Aloysia gratissima
Wright’s beebush Aloysia wrightii
Hummingbird bush Epilobium canum
Jojoba Simmondsia chinensis
Linear-leaf saltbush Atriplex linearis
Native cotton Gosypium thurberi
Ocotillo Fouquieria splendens
Quail bush Atriplex lentiformis
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PREFERRED PLANT LIST - TWIN PEAKS CORRIDOR STUDY (APPENDIX D)
SHRUBS (CONTINUED) LATIN NAME
Spiny mimosa Mimosa dysocarpa
Triangle leaf Bursage Ambrosia deltoidea
Warnock’s snakewood Condalia warnockii (var. Kearneyana)
Bitter snakewood Condalia globosa
White bursage Ambrosia dumosa
Wolfberry Lycium fremontii
Anderson thornbush Lycium andersonii
Wright’s saltbush Atriplex wrightii
Berlandier’s wolfberry Lycium berlandieri
Arizona desert-thorn Lycium exsertum
Baja desert-thorn Lycium brevipes
Pale desert-thorn Lycium pallidum
Evergreen sumac Rhus virens, var. choriophylla
Littleleaf sumac Rhus microphylla
Skunkbush sumac Rhus trilobata
VINES LATIN NAME
Arizona grape ivy Cissus trilobata
Arizona wild grape, Canyon grape Vitus arizonica
Coyote gourd Cucurbita digitata Cacti
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CACTI LATIN NAME
Buckhorn cholla Opuntia acanthocarpa
Cane cholla Opuntia spinosior
Christmas cholla Opuntia leptocaulis
Fish hook barrel cactus Ferocactus wislizenii
Hedgehog cactus Echinocereus engelmannii
Jumping cholla Opuntia bigelovii
Pencil cholla Opuntia arbuscula
Prickly pear Opuntia engelmannii
Purple prickly pear Opuntia violacea var. santa-rita
Saguaro Carnegeia gigantea
Staghorn cholla Opuntia versicolor
SUCCULENTS LATIN NAME
Beargrass Nolina sp.
Desert agave Agave desertii
Goldenflower century plant Agave chrysantha
Murphey’s or Hohokam agave Agave murphyi
Soap tree yucca Yucca elata
Sotol, desert spoon Dasylirion wheeleri
Thornber’s yucca Yucca thornberi
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WILDFLOWERS LATIN NAME
Bladderpod Lesquerella gordonii
Caliche globemallow Sphaeralcea laxa
Coulter’s Globemallow Sphaeralcea coulteri
Chia Salvia columbariae
Datura, Jimsonweed Datura sp.
Desert globemallow Sphaeralcea ambigua
Desert marigold Baileya multiradiata
Desert senna Senna covesii
Desert Tobacco Nicotiana trigonophylla
Desert zinnia Zinnia acerosa
Devil’s claw Proboscidea althaeifolia
Dune evening primrose Oenothera deltoids
Gooding’s verbena Verbena goodingii
Ground cherries Physalis longifolia, Physalis angulata
Hooker evening primrose Oenothera hookeri
Indianwheat Plantago ovata
Line-leaf whitepuff Oligomeris linifolia
Mexican Gold Poppy Eschscholtzia Mexicana
Parry penstemon Penstemon parryi
Silverbells Streptanthus arizonicus
Sunflower (wild), girasol Helianthus annuus
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GRASSES LATIN NAME
Alkali sacaton Sporobolus airoides
Arizona cottontop Digitaria californica
Arizona panic grass Panicum arizonicum
Big galleta Hilaria rigida
Bullgrass Muhlenbergia emersleyi
Bush muhley Muhlenbergia porteri
Cane Beardgrass Andropogon barbinoides
Cane grass Phragmites australis
Deergrass Muhlenbergia rigens
Desert saltgrass Distichlis stricta
Fluffgrass Dasyochloa pulchella
Giant Dropseed Sporobolis gigantaeus
Giant sacaton Sporobolus wrightii
Pappas grass Pappophorum mucronalatum
Plains bristlegrass Setaria macrostachya
Purple & red threeawn Aristida purpurea purpurea, A. p. longiseta
Rothrock Grama (grass) Bouteloua rothrockii
Sand dropseed Sporobolus cryptandrus
Sideoats grama Bouteloua curtipendula
Six-week grama Bouteloua barbata
Slender grama Bouteloua filiformis
Small-flowered Fescue Vulpia microstachys
Spike dropseed Sporobolus contractus
Tanglehead Heteropogon contortus
Tobosa Pleuraphis mutica
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This Visual Preference Survey was administered to the Planning Commission on December
18, 2013 in an effort to get feedback on various aspects that were investigated as part of
this Study. This allowed the Planning Commission to actively participate in developing the
Guidelines found within this Study.
INTRODUCTION
A Visual Preference Survey is a tool used to exchange ideas and information about the
physical image and quality of an area. This information can be very useful in developing
design concepts and community vision as part of the comprehensive planning process.
We will review a number of slides in succession. Please rate the images by circling the
appropriate number using a scale of 1 (less preferred) to 6 (more preferred) based on
your initial “gut feeling.” Please identify with single words or short phrases features that
you like and features that you dislike about the images.
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, February 18, 2014, 7:00 PM
To: Mayor and Council Item A 3
From: Jenna Reilly, Planner 1
Strategic Plan Focus Area:
Commerce, Community
Subject: PUBLIC HEARING: Ordinance No. 2014.003: Relating to Development; approving a
rezoning of approximately 26 acres of land located west of Twin Peaks Road, south of Potvin
Lane, and east of Decker Drive from ‘R-36’ (Residential) to ‘F’ (Specific Plan) for the
purpose of creating the Twin Peaks Vista Specific Plan and approving a minor amendment to
the General Plan
Discussion:
Summary of Application
A request by the WLB Group, Inc. representing Richard and Trudy Neter to rezone approximately 26
acres of land from R-36 (Residential) to F (Specific Plan) for the purpose of creating the Twin Peaks
Vista (previously Camino Vaquero) Specific Plan, a residential master-planned development. The
rezoning request will be accompanied by a minor General Plan amendment from Low-Density
Residential (LDR) to MPA (Master Plan Area) to accommodate the Specific Plan zoning. The property
is generally located west of Twin Peaks Road, south of Potvin Lane, and east of Decker Drive.
Rezoning Request
The rezoning area consists of two parcels encompassing approximately 26 acres. Initially, the
parcel consisted of approximately 30 acres; however, the property owner dedicated land to the Town for
the construction of Twin Peaks Road. The requested F (Specific Plan) zoning will enable the developer
to exercise greater creativity and provide better functionality in the site planning and design of this
project than could be achieved with conventional zoning. The specific plan proposes three land use
designations: Residential Area (RA), Natural Open Space (NOS), and Active Open Space (AOS).
Marana General Plan
The Marana General Plan designates the land within the proposed rezoning area as Low Density
Residential (LDR). The Low Density Residential designation is typically characterized by single-family
detached homes on relatively large lots with a density range of .5-2.0 residences per acre. Environmental
factors may allow for clustered housing projects. Commercial development is allowed that serves the
residential development with both pedestrian connectivity and automobile access. Other appropriate uses
serving the community under this designation may include schools, parks, recreational areas, and
religious institutions.
The rezoning request includes a minor amendment to the Marana General Plan from Low Density
Residential (LDR) to Master Plan Area (MPA) to accommodate the Specific Plan zoning. This project is
proposing a slightly higher RAC, than allowed within LDR, but will be acceptable with a minor general
plan amendment to the MPA designation.
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Land Use
The Twin Peaks Vista Specific Plan proposes three cohesive land use designations within the
approximately 26 acre project area: Residential Area; Natural Open Space; and Active Open Space. The
plan proposes a built environment consisting of 60 single-family residential lots (~2.3 RAC), roadway
infrastructure, drainage, and utility infrastructure, as well as a developed park site. It is anticipated that
approximately 13.2 acres of the site will be developed for residential lots and related infrastructure, 12
acres will be maintained as natural open space, and .6 acres will be developed as active open space.
The minimum lot size for this development is 6,000 square feet. Maximum building heights are 2 story
or 30 feet. Active open space will be achieved within a .6 acre area on the northern section of the
property. It is envisioned that this area will contain either sports fields, picnic areas, and recreational
structures. A private park will be managed and maintained by the HOA. A Natural Open Space buffer
will be maintained between the development and Twin Peaks Road to mitigate visual impacts from
Twin Peaks and protect valuable vegetative and riparian areas. A trail is proposed between the
residential area and natural open space areas.
Access and Circulation
Two connections are proposed to the existing public street system. One will be located at Twin Peaks
Road and Camino de Manana, and one at Decker Drive. These two points of access will minimize
impacts to existing washes and utilize existing rights-of-way. Internal streets will be built to Town
standards.
Decker Drive will be built to the Town's Local Street standard detail within the existing 60' right-of-
way, with sidewalk on the east side of the road. Decker Drive will be built from Twin Peaks Road to a
point just north of the access street for this project.
Potvin Lane will be built to the Town's Small Rural Subdivision standard detail, with a sidewalk on the
south side of the street. Potvin Lane will be built from Twin Peaks Road to a point just west of the
access street for the project. If a traffic signal has been constructed by others at the Twin Peaks/Camino
de Manana intersection prior to the construction of the Potvin Lane connection to Twin Peaks Road, this
project's developer shall be responsible for the construction of all required traffic signal equipment and
the provision of a new traffic signal phasing/timing plan to accommodate the Potvin Lane approach to
the intersection.
Utilities
WaterThe specific plan area will be served by Marana Water. Water service for this project will be
extended from the existing 16 inch main that terminates near the intersection of Blue Bonnet Road and
Twin Peaks. The developer will assume the cost to construct both on site and off site facilities required
to serve the water demands of the development pursuant to a Marana Water agreement.
Sewer
Sewer service for this project will be extended by the developer from the existing sewer main that
terminates just south of the intersection of Linda Vista Boulevard and Blue Bonnet Road. The main will
be extended along Blue Bonnet Road, within the right-of-way and within easements, then will be
extended under Twin Peaks Road to the project.
Electric
Electric service will come from TRICO's main feeder line along the east side of Twin Peaks Road. There
are existing, available points of connection to tie into these lines.
Natural Gas
The closest existing gas facility is at the intersection of Oasis Road and Quail Lane. The main will be
extended if needed by the homebuilder.
Citizen Participation
The applicants have reached out to the surrounding neighborhood and conducted a public meeting to
discuss the proposed specific plan with nearby property owners. Town staff has also met with nearby
property owners to hear their concerns regarding the project and discuss the Town's vision for this area
Regular Council Meeting - February 18, 2014 - Page 165 of 413
and the community. Staff has received a significant amount of correspondence, both in support and
opposition of the proposed rezoning. This correspondence has been provided to the Town Council for
review and consideration.
Public Notification
The public notice for this public hearing was properly noticed in The Arizona Daily Star newpaper, and
all property owners within 300 feet of the property subject to this application were notified by U.S. Mail
of the date and time of the public hearing. Additionally, notice was posted at various locations within the
community.
Recommended Findings of Fact
1. The property is currently zoned "R-36" Residential. The proposed change in zoning from "R-36" to
"F" Specific Plan will require a minor amendment to the Marana General Plan from the existing
designation of Low Density Residential (LDR) to Master Plan Area (MPA).
2. With the acceptance of the recommended conditions, the proposed rezoning is in compliance with all
other development standards of the Land Development Code related to this zoning classification.
3. 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.
CASE ANALYSIS AND REVIEW CRITERIA
1. Ability to comply with development regulations, i.e. water, sanitation, access, developable parcel,
etc.: With the acceptance of the recommended conditions the development complies with the
requirements of all agencies.2. Ability to comply with requirements of the zoning regulations, i.e. lot
size, frontage, setbacks, etc.: With the acceptance of the recommended conditions this proposal
complies with the requirements of "F" Specific Plan zoning and the purpose and intent of the Land
Development Code.
3. Consistent with the purpose of the 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.
4. 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 the Town of Marana.
ATTACHMENTS:
Name:Description:Type:
Ord 2014.003 Twin Peaks Vista SP
(00036986).docx Ord 2014.003 Ordinance
PCZ-12026 legal description.pdf Exhibit A legal description Exh bit
Specific Plan Application.pdf Application Backup Material
Location Map January.pdf Location Map Backup Material
Administrative Summary PCmeeting 12914.pdf Administrative Summary PCmeeting 012914 Backup Material
Planning Commission minutes 103013.pdf Planning Commission Minutes_103013 Backup Material
PCZ-12026 Twin Peaks Vista SP.pdf PCZ-12026 Twin Peaks Vista_SPDOC Backup Material
Staff Recommendation:
Staff recommends approval subject to the recommended conditions:
Recommended Conditions:
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1. Compliance with all applicable provision of the Town's Codes and Ordinances current at the time
of any subsequent development including, but not limited to, requirements for public
improvements.
2. The developer will be responsible for submitting to the Town, a Traffic Statement at the platting
stage of this project.
3. If a traffic signal has been constructed by others at the Twin Peaks/Camino de Manana
intersection prior to construction of the Potvin Lane connection to Twin Peaks Road, this project's
developer shall be responsible for the construction of all required traffic signal equipment and the
provision of a new traffic signal phasing/timing plan to accommodate the Potvin Lane approach of
the intersection.
4. A drainage report must be submitted by the Developer and accepted by the Town Engineer prior
to Town approval of the preliminary plat.
5. The preliminary plat shall be in substantial conformance with the Land Use Concept Plan of the
Twin Peaks Vista Specific Plan.
6. The maximum allowable residential units for this project will not exceed 60.
7. Lots 1-6 and lots 26-35 shall be limited to single story residences not to exceed 25 feet in height.
8. No approval, permit or authorization by the Town of Marana authorizes violation of any Federal
or State law or regulation or relieves the applicant or the land owner from responsibility to ensure
compliance with all applicable federal and state laws and regulations, including the Endangered
Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate
federal and state agencies should be consulted to determine any action necessary to assure
compliance with applicable laws and regulations.
9. The property is within the intended water service area of the Town. Prior to approval of the
preliminary plat, the Developer will submit a Water-Infrastructure and Phasing Plan (WIP),
identifying water use, fire flow requirements, and all major on-site and off-site water facilities
needed to serve the development including, but not limit to, well source, reservoir, and booster
station infrastructure. This plan will be the basis for a Water Service Agreement for the project.
10. The property owner shall transfer to Marana, by the appropriate Arizona Department of Water
Resources form, those water rights being IGR, Type I or Type II for the Town providing
designation of assured water supply and water service to said property. If Type I or Type II is
needed on said property, the Town and developer/landowner shall arrive at an agreeable solution
to the use of those water rights appurtenant to said land.
11. A Sewer Service Agreement and Master Sewer Plan shall be submitted by the Developer and
accepted by the wastewater provider prior to the approval of any final plat or development plan.
12. Development within the Rezoning Area shall conform to and comply with design standards
adopted by the Town Council that are applicable to future development along the Twin Peaks
corridor.
13.Before the Town issues grading permits for this project, the developer 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.
14.Before the Town issues grading permits for this project, the developer shall submit evidence to the
Town that a 100 percent area survey has been completed by a qualified wildlife biologist for the
Sonoran Desert Tortoise. Any Sonoran Desert Tortoises found on the site shall be relocated at the
developer’s expense.
15. The developer shall submit an annual report within 30 days of the anniversary of the Town
Council’s approval of the Twin Peaks Vista Specific Plan in accordance with the requirements
defined in the Land Development Code. .
16. Upon adoption of the Rezoning Ordinance by the Mayor and Council approving the Twin Peaks
Vista Specific Plan, the applicant shall provide the Planning Department with the following: One
non-bound original; twelve bound copies; and ten electronic copies on CD in PDF format.
Commission Recommendation - if applicable:
The Marana Planning Commission has held two public hearings on this request. The most recent hearing
was held on January 29, 2014, at which the Commission voted 6-1 to recommend approval to the Town
Council with an amendment to eliminate Lot 1 and Lot 28 from the plan.The applicants have requested
that the Town Council consider not upholding the amendment to eliminate Lot 1 and Lot 28 from the
plan, as this would have a significant impact on the project.
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The first hearing was held on October 30, 2013, where the Commission voted 6-1 to continue the item
until the Commission had the opportunity to hear a presentation regarding the Twin Peaks
corridor study.
Suggested Motion:
I move to adopt Ordinance No. 2014.003, approving a rezoning creating the Twin Peaks Vista Specific
Plan and approving a minor amendment to the General Plan subject to the recommended conditions.
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Marana Ordinance No. 2014.003 - 1 - 2/12/2014 3:03 PM JR/BV/FJC
MARANA ORDINANCE NO. 2014.003
RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 26
ACRES OF LAND LOCATED WEST OF TWIN PEAKS ROAD, SOUTH OF POTVIN LANE,
AND EAST OF DECKER DRIVE FROM ‘R-36’ (RESIDENTIAL) TO ‘F’ (SPECIFIC PLAN)
FOR THE PURPOSE OF CREATING THE TWIN PEAKS VISTA SPECIFIC PLAN AND
APPROVING A MINOR AMENDMENT TO THE GENERAL PLAN
WHEREAS Richard and Trudy Neter (the “Property Owners”) own approximately 26
acres of property located west of Twin Peaks Road, south of Potvin Lane, and east of Decker
Drive within a portion of Section 11, Township 12 South, Range 12 East, as described 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 26 acres
from ‘R-36’ (Residential) to ‘F’ (Specific Plan) (“this Rezoning”); and
WHEREAS the Marana Planning Commission held a public hearing on October 30, 2013
and voted 6-1 to continue this Rezoning until the Commission had the opportunity to hear a
presentation regarding the Twin Peaks corridor study; and
WHEREAS the Marana Planning Commission held another public hearing on
January 29, 2014 and voted 6-1 to recommend that the Town Council approve this Rezoning
with an amendment to eliminate Lot 1 and Lot 28 from the plan; and
WHEREAS the Marana Mayor and Town Council held a public hearing on February 18,
2014 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 Rezoning Area is hereby changed from ‘R-36’ (Residential) to
‘F’ (Specific Plan) creating the Twin Peaks Vista Specific Plan.
Section 2. A minor amendment to the General Plan is hereby approved, changing the
General Plan designation of the Rezoning Area from Low Density Residential (LDR) to Master
Planning 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 ordinance):
1. Compliance with all applicable provisions of the Town’s codes and ordinances current at the
time of any subsequent development including, but not limited to, requirements for public
improvements.
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Marana Ordinance No. 2014.003 - 2 - 2/12/2014 3:03 PM JR/BV/FJC
2. The developer shall submit a Traffic Statement to the Town when a subdivision plat is
submitted for any portion of the Rezoning Area.
3. The Twin Peaks Vista Specific Plan requires the developer of the Rezoning Area to construct
the Potvin Lane connection to Twin Peaks Road. If a traffic signal has been constructed by
others at the Twin Peaks/Camino de Mañana intersection before the developer of the
Rezoning Area constructs the Potvin Lane connection to Twin Peaks Road, the developer of
the Rezoning Area shall construct or acquire and install all required traffic signal equipment
and shall provide a new traffic signal phasing/timing plan to accommodate the Potvin Lan e
approach of the intersection.
4. A drainage report must be submitted by the Developer and accepted by the Town Engineer
prior to Town approval of the preliminary plat.
5. The preliminary plat shall be in substantial conformance with the Land Use Concept Plan of
Twin Peaks Vista Specific Plan.
6. The maximum number of residential units for the project shall not exceed 60.
7. Lots 1 through 6 and lots 26 through 35 as depicted in the Twin Peaks Vista Specific Plan
shall be limited to single-story residences not to exceed 25 feet in height.
8. No approval, permit or authorization by the Town of Marana authorizes violation of any
Federal or State law or regulation or relieves the applicant, the Property Owners, or the
developer from responsibility to ensure compliance with all applicable federal and state laws
and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate
experts should be retained and appropriate federal and state agencies should be consulted to
determine any action necessary to assure compliance with applicable laws and regulations.
9. The property is within the intended water service area of the Town. Prior to approval of the
preliminary plat, the developer shall submit a Water Infrastructure and Phasing Plan (WIP),
identifying water use, fire flow requirements, and all major on-site and off-site water
facilities needed to serve the development including, but not limited to, well source,
reservoir, and booster station infrastructure. This plan will be the basis for a Water Service
Agreement for the project.
10. The Property Owners shall transfer to Marana, by the appropriate Arizona Department of
Water Resources form, those water rights being IGR, Type I or Type II for the Town
providing designation of assured water supply and water service to the Rezoning Area. If
Type I or Type II is needed on the Rezoning Area, the Town and developer/Property Owners
shall arrive at an agreeable solution to the use of those water rights appurtenant to the
affected portion of the Rezoning Area.
11. A sewer service agreement and master sewer plan shall be submitted by the developer and
accepted by the wastewater provider prior to the approval of any final plat or development
plan.
12. Development within the Rezoning Area shall conform to and comply with design standards
adopted by the Town Council that are applicable to future development along the Twin Peaks
corridor.
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Marana Ordinance No. 2014.003 - 3 - 2/12/2014 3:03 PM JR/BV/FJC
13. Before the Town issues grading permits for this project, the developer 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.
14. Before the Town issues grading permits for this project, the developer shall submit evidence
to the Town that a 100 percent area survey has been completed by a qualified wildlife
biologist for the Sonoran Desert Tortoise. Any Sonoran Desert Tortoises found on the site
shall be relocated at the developer’s expense.
15. Upon adoption of the rezoning ordinance by the Mayor and Council approving the Twin
Peaks Vista Specific Plan, the applicant shall provide the Planning Department with the
following: One non-bound original; twelve bound copies; and, ten electronic copies on CD in
PDF format.
Section 4. 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 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions hereof.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Marana,
Arizona, this 18th day of February, 2014.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
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MINUTES OF THE
TOWN OF MARANA PLANNING COMMISSION
Marana Municipal Complex
October 30, 2013
1
I. CALL TO ORDER
Chairman Fogel called the October 30, 2013 Regular Meeting of the Planning
Commission to order at 6:30 p.m.
II./III. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE
IV. ROLL CALL
Commission:
Norman Fogel Chairman Present
Marcia Jakab Vice Chair Present
Don Duncan Commissioner Present
Terry Fehrmann Commissioner Present
Steve Miklosi Commissioner Present
Richard Miller Commissioner Present
Thomas Schnee Commissioner Present
Staff:
Ryan Mahoney Planning Director
Frank Cassidy Town Attorney
Fernando Prol Traffic Division Manager
Paul Baughman Civil Engineer
Brian Varney Planner II
Jenna Reilly Planner I
Terri Byler Planning Secretary
V. CALL TO THE PUBLIC
Chairman Fogel opened the call to the public.
There were no speaker cards presented.
Chairman Fogel closed the call to the public.
VI. APPROVAL OF AGENDA
Passed unanimously by De Facto approval
VII. ANNOUNCEMENTS
None
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October 30, 2013
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VIII. GENERAL ORDER OF BUSINESS
A. Consent Agenda
1. Approval of Minutes
Minutes of the September 25, 2013 Regular Meeting of the Planning
Commission.
Motion to approve, Moved by Commissioner Miklosi, seconded by
Commissioner Duncan. Motion passed unanimously 7-0.
B. Public Hearings
1.PCM-13040 Title 16 Amendment - Electronic Message Displays
Amending the Land Development Code of the Town of Marana - Title 16
Signs by adding a sign type definition for 'Electronic Message Displays' to
Section 16-05-01 and amending Section 16-14-08 establishing standards
and regulations for Electronic Message Displays.
Presented by Brian Varney, who stated that this is a proposed amendment to
accommodate the use of electronic message display signs in the town. The Sign
Code Task Force has been working directly with the community by hosting forums
with the business community. The business community did support the idea and
the Sign Code Task Force has incorporated the results of the discussion and
recommendations into the proposed amendment.
Commissioner Schnee asked there were any traffic concerns with the messages
transitioning every 30 seconds.
Brian Varney mentioned that in the studies done across the country there has
been no conclusive evidence that there are any correlation between the electronic
message signs and the increase in traffic accidents. Brian noted that the Traffic
Engineering Division has reviewed the results of the studies and concurs with the
findings.
Chairman Fogel wanted to know where the 150-foot distance between a sign on a
commercial property and a property line of residential use come from.
Brian Varney stated that they felt 150 feet is a reasonable distance. Many
jurisdictions have required less than 150 feet; 100 feet.
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October 30, 2013
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Chairman Fogel opened the public hearing. Noting there was no one to speak
Chairman Fogel closed the public hearing.
Motion to approve, Moved by Vice Chair Jakab, seconded by Commissioner
Miklosi. Motion passed unanimously 7-0.
2.PCZ-12026 Camino Vaquero Specific Plan
A request by the WLB Group, Inc. representing Richard and Trudy Neter
to rezone approximately 26 acres of land from R-36 (Residential) to F
(Specific Plan) for the purpose of creating the Camino Vaquero Specific
Plan, a residential development. The rezoning request will be
accompanied by a minor General Plan amendment from Low-Density
Residential (LDR) to MPA (Master Plan Area) to accommodate the
Specific Plan zoning. The property is generally located west of Twin
Peaks Road, south of Potvin Lane, and east of Decker Drive.
Presented by Jenna Reilly who noted that the Camino Vaquero Specific Plan is
proposing three land use designations; residential area, active open space and
natural open space. Jenna noted that staff has received both letters of support
and opposition from property owners, for this project. Commission has received a
copy of all of the letters received.
Paul Oland from WLB Group, representing the property owner addressed
Commission.
Vice Chair Jakab wanted to know why there were only 56 lots proposed on the
first application and now there are 60 proposed.
Paul Oland commented that WLB Group has made four submittals so far. 56 lots
originated from the first submittal. The third submittal had 60+ lots. They receive a
comment to tone it down so that is why there are 60 proposed on this submittal.
Vice Chair Jakab had a concern regarding the proposed buffer along Twin Peaks,
feeling it was too narrow. Vice Chair Jakab asked if the project was going to be
gated.
Paul Oland responded that Twin Peaks Road has changed the dynamic of the
property. They are trying to find a balance a low-density development with the fact
that Twin Peaks does have a drastic impact on them. Paul also stated he doesn’t
know if the project will be gated.
Commissioner Duncan had a concern about possible flooding on Decker Drive.
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October 30, 2013
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Paul Oland stated that they will have to design Decker Drive in such a way that it
doesn’t impact either the people upstream or downstream of the crossing. It will
have to have a drainage structure that is acceptable to the Town.
Commissioner Schnee has a concern about the visibility issues the house on the
corner might have.
Paul Oland responded that they took the last lot off the corner and pulled the
nearest homes up a bit.
Commissioner Miller had a concern with the potential traffic flow the with regard
to the proposed traffic lights. He wanted to know why Camino de Manana is being
considered as opposed to Decker Drive?
Fernando Prol stated there is another development that is going in off of Camino
de Manana. They are the ones who will most likely warrant a traffic signal at that
location. The Camino Vaquero development will most likely not warrant a traffic
signal.
Commissioner Schnee asked about proposed acceleration/deceleration lanes on
Twin Peaks.
Fernando Prol responded that Twin Peaks doesn’t have deceleration lanes and
this development will not warrant the installation of one.
Commissioner Schnee wanted to know if there was any limit on the number of
two-story homes.
Paul Oland responded that Marana has Residential Design Standards, that limit
the number of one and two-story homes in proximity to each other.
Chairman Fogel wanted to know the buffer dimension from Twin Peak to homes
#1 through #6.
Paul Oland responded approximately 50 feet from the property line back to where
the house would sit on the lot.
Chairman Fogel, Commissioner Miklosi and Vice Chair Jakab stated concern
with building two-story homes along Twin Peaks and Decker Drive.
Commissioner Duncan asked if it would be feasible to only build one-story
homes going forward.
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October 30, 2013
5
Ryan Mahoney responded that he and staff will be working on a corridor plan
along the Twin Peaks corridor. They will be looking at the transition from the built
environment into the natural environment to maintain that look along the corridor.
Ryan Mahoney said they could discuss the one-story concept with developers but
it is the Planning Commission and the Town Council that will have to make that
final decision.
Chairman Fogel opened the public hearing. Speakers in opposition to the Camino
Vaquero Specific Plan included Ron Isaacson, Gayle Stenstrom, John Holley,
Kelly Brooks, Jo Brooks, Diane Lee, Susan Tramblay, Patrick Gallagher, Amy
Pekc, Brian Peck, Linda Conant, Len Paradise, Patricia Miller and James
Matusoff. Jeff Sensmeier stated that he is in favor of good planned development.
Mike Carlier was in favor of the project. Chairman Fogel closed the public
hearing.
Chairman Fogel asked Ryan Mahoney how long the Twin Peaks corridor study
would take.
Ryan Mahoney replied that they have started the study at the staff level. There
are plans for Ryan, selected staff and a professor from the U of A to look at the
corridor. The scope of the project would be from Tangerine Road to I-10 and the
idea is to look at a way to mitigate some of the impacts that were discussed at the
meeting tonight, as well as maintain a cohesive look along the corridor. Ryan
Mahoney stated he would have a draft of the study by the end of December.
Commissioner Miller wanted to know the plan for Twin Peaks. Commissioner
Miller inquired as to how the corridor study would affect projects that were already
approved.
Ryan Mahoney stated that some projects – for instance specific plans - may not
be affected by the corridor study. The time of adding in conditions into a specific
plan; which changes the zoning, would be done at this stage. Ryan Mahoney
explained they can’t go back in time to try to plan, but can only move forward from
this point. Ryan felt time was on their side due to the slow market.
Vice Chair Jakab felt Commission should continue the item until the study is
complete.
Commissioner Miklosi concurred and asked Ryan Mahoney if he felt it would be
prudent to table the project until the study was done. That way Commission could
revisit the item, along with Ryan’s input from the study.
Ryan Mahoney stated that he wouldn’t recommend doing so. He felt Commission
has already discussed conditions that would mitigate the project. The corridor plan
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October 30, 2013
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that staff is putting together will not regulatory in nature; it might have some
recommendations for that. The study will be something that is used as a tool at the
planning stage.
Chairman Fogel wanted to if the corridor plan would be included in the General
Plan?
Ryan Mahoney stated that it would possibly be included when a significant update
is done to the General Plan. Ryan Mahoney said that in the next two months staff
will have completed a draft version, not a final plan.
Chairman Fogel stated that he would prefer to put the item on hold until Ryan is
finished with the study because he doesn’t know what the findings would reveal.
Ryan Mahoney stated that decision is up to the Commission but they currently
have right in front of them a body of work that has been vetted through the
planning department.
Chairman Fogel preferred not to change the zoning. Let the applicant redesign
the project and come before Commission at a later date.
Paul Oland stated that this project is not as dense as Oasis. This project is not
Oasis. They have been working this project for quite a while and have gone
through a number of iterations. They have adjusted the plan and softened it. They
are aware of staff putting together a plan for this corridor and hee would be happy
to work with the Planning Department while they are working on the plan.
Commissioner Miklosi wanted to know if the developer would be interested in
readjusting the number of units.
Paul Oland stated that the 2.0 is a good number for the overall corridor. This
property is not an inexpensive property to develop. There is a mile of sewer to
build. This project is at 2.3 homes per acre and he would ask for that extra to help
cover the offset costs. Paul Oland commented that they would be happy with
some of the conditions that were discussed; limiting single-stories and landscape
buffers. He would like keep the number of homes the same and not reduce the
quantity from what they are proposing.
Motion to approve with the amended condition restricting one-story homes
on lots 1-8, 27-35, Moved by Commissioner Duncan, no one seconded
motion. Motion dies.
Motion to continue item until the Commission can hear a presentation on the
Twin Peaks Corridor Study from staff, (Ryan Mahoney had previously stated
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October 30, 2013
7
the report would be in draft form no earlier that mid-December), Moved by
Commissioner Schnee, seconded by Commissioner Miklosi. Motion passed.
Vote: 6-1. Commissioner Miller voting no.
C. Commission Action
PRV-13022 Casa Sevilla Preliminary Plat
APEX Development Consultants on behalf of Kapsal Family Trust
requests preliminary plat approval for a 48 lot subdivision on
approximately 34.68 acres within the Casa Sevilla Specific Plan. The
Specific Plan is located on the southwest corner of Tangerine Road and
Camino de Oeste.
Presented by Jenna Reilly, who noted that staff has reviewed the request against
the requirements of the Casa Sevilla Specific Plan and the Marana Land
Development Code and finds that it is in conformance.
There were no questions from Commission.
Motion to approve, Moved by Vice Chair Jakab, seconded by Commissioner
Schnee. Motion passed unanimously 7-0.
D. Informational Items/Possible Action Items
Ryan Mahoney stated that he and staff will be working on a Twin Peaks Corridor Plan. Ryan also stated the dates for Planning Commission in November and December are scheduled for November 13th and December 18th.
E. Planning Activity Reports
1.Monthly Project Report October 2013
2.Subdivision Lot Report October 2013
IX. FUTURE AGENDA ITEMS
None
X. ADJOURNMENT
Motion to adjourn at 9:00 p.m. by Chairman Fogel, Motion passed 7-0.
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MINUTES OF THE
TOWN OF MARANA PLANNING COMMISSION
Marana Municipal Complex
October 30, 2013
8
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana
Planning Commission meeting held on October 30, 2013. I further certify that a
quorum was present.
Terri Byler, Planning Commission Secretary
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UUProperty Owners
Richard and Trudy Neter
10910 N. Broadstone Dr.
Tucson, AZ 85737
Prepared By
The WLB Group, Inc.
Contact: Paul Oland
4444 East Broadway Boulevard
Tucson, Arizona 85711
520.881.7480
WLB No. 110047-A-002
TWIN PEAKS VISTA
SPECIFIC PLAN
(PCZ-12026)
(GPA-12027)
2014.01.07
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iTwin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
Table of Contents
I. Introduction
A. Project Overview.......................................................................................................................1
B. Primary Objectives....................................................................................................................1
C. Landscape Concept...................................................................................................................2
II. Inventory and Analysis
A. Existing Land Uses.....................................................................................................................3
B. Topography and Slope.............................................................................................................12
C. Hydrology................................................................................................................................14
D. Vegetation...............................................................................................................................17
E. Wildlife ....................................................................................................................................19
F. Soils and Geology ....................................................................................................................27
G. Viewsheds................................................................................................................................27
H. Traffic.......................................................................................................................................32
I. Recreation and Trails...............................................................................................................33
J. Cultural, Archaeological, and Historic Resources....................................................................35
K. Existing Infrastructure and Public Facilities.............................................................................37
III. Land Use Plan
A. Purpose & Intent.....................................................................................................................42
B. Relationship to Town of Marana Adopted Plans....................................................................42
C. Compatibility to Adjoining Development ...............................................................................42
D. Land Use Proposal...................................................................................................................43
E. Grading Concept .....................................................................................................................45
F. Post‐Development Hydrology.................................................................................................45
G. Vegetation & Landscaping......................................................................................................45
H. Wildlife....................................................................................................................................47
I. Viewsheds...............................................................................................................................47
J. Circulation Concept.................................................................................................................47
K. Public Utilities .........................................................................................................................48
L. Public Service Impacts.............................................................................................................50
M. Recreation and Trails ..............................................................................................................52
N. Cultural, Archaeological, and Historic Resources ...................................................................52
IV. Development and Design Standards
A. Purpose & Intent.....................................................................................................................54
B. Residential Area......................................................................................................................54
C. Active Open Space ..................................................................................................................55
D. Natural Open Space................................................................................................................55
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iiTwin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
V. Implementation and Administration
A. Purpose....................................................................................................................................57
B. Proposed Changes to Zoning Ordinance.................................................................................57
C. Development Review Procedure.............................................................................................57
D. General Implementation Responsibilities...............................................................................57
E. Phasing ....................................................................................................................................58
F. Specific Plan Administration ...................................................................................................58
Bibliography ................................................................................................................................................60
EXHIBITS
A. Site Location Map ............................................................................................................................6
B. Aerial Photograph............................................................................................................................7
C. Existing General Plan Land Uses......................................................................................................8
D. Existing Zoning.................................................................................................................................9
E. Existing Land Uses ..........................................................................................................................1 0
F. Existing Nearby Developments......................................................................................................11
G. Topography....................................................................................................................................13
H. On‐site Hydrology..........................................................................................................................15
I. FEMA Floodplain............................................................................................................................16
J. Significant Vegetation....................................................................................................................1 8
K. AZGFD Letter..................................................................................................................................20
L. Soils Map........................................................................................................................................28
M. Viewsheds......................................................................................................................................29
N. Trails...............................................................................................................................................34
O. PAST Report Cover.........................................................................................................................3 6
P. Existing Utility Infrastructure.........................................................................................................38
Q. Sewer Capacity Response Letter....................................................................................................39
R. Site Resource Inventory.................................................................................................................40
S. McHarg Composite Map................................................................................................................41
T. Land Use Concept (TPD).................................................................................................................44
U. Conceptual Landscape Plan...........................................................................................................46
V. Proposed Blue Bonnet Road Sewer Alignment..............................................................................49
W. MUSD Letter...................................................................................................................................51
X. Circulation Concept Plan................................................................................................................53
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I. Introduction
1Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
I. Introduction
A. Project Overview
Twin Peaks Vista is a residential development consisting 26 acres located at the southwest
corner of Camino de Mañana and Twin Peaks Road. This project responds to market demand
for housing in the northwest Tucson metropolitan area. The Marana General Plan has a vision
for 0.5 to 2.0 residences per acre along the Twin Peaks corridor, including the subject property,
partly in view of the fact that a major four‐lane divided roadway (Twin Peaks Road) has been
completed directly adjacent to the subject property. With this Specific Plan the General Plan
designation changes to Master Plan Area, which allows the flexibility necessary to develop the
property at an appropriate density given its minimal physical constraints and significant offsite
improvement requirements. This development not only fulfills the Town of Marana’s vision for
future development along the Twin Peaks Rd. corridor, but also leaves approximately 50% of the
site as open space. The Twin Peaks Vista development is an optimal design both for people and
for native Sonoran Desert biological resources. By leaving a large swath of undisturbed natural
open space within the site, the native animal populations will be able to traverse the
neighborhood and continue their foraging and migration patterns. This is a comprehensive
specific plan to guide development that maintains a healthy living environment for both the
residents and native wildlife.
B. Primary Objectives
• Provide much needed high‐quality, environmentally‐sensitive, single‐family detached
homes for new residents wishing to live in the Town of Marana.
• Clustering homes such that the natural desert beauty can be appreciated by future
residents within the development, as well as the surrounding residents.
• Provide functional wildlife corridors, preserve habitat, and ultimately promote the
natural wildlife population.
• Fulfill the Town of Marana’s vision for sustainable growth along Twin Peaks Road (a
major regional arterial roadway).
• Construct a residential community that is compatible with both existing and future
surrounding land uses.
This document has been prepared in support of an amendment to the existing Town of Marana
General Plan. The subject properties currently consist of two parcels located near Twin Peaks
Road and Camino de Mañana. The General Plan designates these properties as Low Density
Residential (LDR), and the existing zoning is R‐36. As the market continues to improve, large
homebuilders have resurfaced as motivated buyers of platted lots. In the northwest Tucson
metropolitan area market, those homebuilders have expressed the strongest demand for
production homesites set in the context of significant onsite open space. This specific plan is
intended to allow the property to be developed in response to this strong demand, while at the
same time preserving environmentally‐sensitive portions of the site which encompass nearly
half of the site.
The existing zoning is R‐36, and the Twin Peaks Vista Specific Plan changed the zoning to F
(Specific Plan) once approved. If built to current zoning standards, 36,000 square‐foot lots and
their respective pad grading could have blanketed the property and discouraged native wildlife
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I. Introduction
2Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
from traversing the property. One of the primary reasons to modify the current zoning is so that
the majority of the property can be effectively preserved as open space with enforceable
restrictions. The proposed community, the region, and the natural functionality and beauty of
the Sonoran Desert will benefit indefinitely by clustering housing away from sensitive
xeroriparian areas.
Additionally, the proposed Twin Peaks Vista development is compatible with the existing
adjacent land uses. Although a large portion of the surrounding properties are vacant, the Twin
Peaks Vista Specific Plan has been carefully designed to be sensitive to nearby existing
residences by proposing swaths of open space along the project’s perimeter. This is a much
more sensitive approach to minimizing impacts to existing residents than what would be
provided under existing zoning. In addition, the large landscape buffers and natural undisturbed
open space will complement the area’s existing land uses. Twin Peaks Vista will also comply
with the Town’s upcoming Twin Peaks Corridor branding and theming goals.
C. Landscape Concept
Title 17 of the Marana Land Development Code, Environmental Resource Preservation, Native
Plant and Landscape Requirements, allows for this type of subdivision development. The
Town’s draft Habitat Conservation Plan (HCP) provides additional guidance about developing
with an environmentally sensitive approach. By preserving 50% of the site as open space, the
Twin Peaks Vista project meets the intent of those assembled regulations and directions. In
addition to setting aside the most biologically valuable desert land, the development reuses as
many native plants as practical for the subdivision’s landscaping needs. Native plants are
drought tolerant and uniquely suited for Marana’s climate, and further meet the primary
objective of developing a sustainable and environmentally‐sensitive residential community. As
part of the platting process, a native plant inventory will be prepared for the entire site,
identifying vegetation to be preserved in place or transplanted within the Twin Peaks Vista
development site.
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II. Inventory & Analysis
3Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
II. Inventory and Analysis
The purpose of the Inventory and Analysis section of this document is to catalog the various
physical opportunities and constraints impacting the property in order to provide a meaningful
and relevant context for the development proposal detailed elsewhere in this document. Only
through careful consideration of these existing conditions can a design be truly appropriate for
the area and compatible with its surroundings.
A. Existing Land Uses
1. Site Location
The subject properties are located within Township 12 South, Range 12 East, Section 11,
Town of Marana, Pima County, Arizona. The subject properties total approximately 26
acres, and are located at the southwest corner of the intersection of Twin Peaks Road
and Camino de Mañana. (See Exhibit A: Site Location Map.)
Pima County tax assessor designates the subject properties as parcels:
216‐23‐076F: Richard and Trudy Neter
216‐23‐076H: Richard and Trudy Neter
2. Existing On‐site Zoning and Land Uses
The subject properties are currently undeveloped and vacant.
The subject properties are currently zoned R‐36 (Single‐Family Residential District).
The Town of Marana General Plan designates the subject properties as Low Density
Residential (LDR: 0.5 – 2.0 dwelling units per acre). As stated in the Marana 2010
General Plan, large areas of significant natural resources have been identified in the
Tortolita Fan in northeast Marana that have a range of development constraints. These
factors allow and promote clustered housing projects. Twin Peaks Vista follows its
recommendations to build relatively low‐density residential cluster development that
minimize disturbance to the on‐site riparian areas. (See Exhibit C: Existing General Plan
Land Uses.)
3. Existing Adjacent Zoning and Land Uses
The subject properties are surrounded by the following existing zonings and land uses
within a quarter of a mile of the subject property: (See Exhibit D: Existing Zoning and
Exhibit E Existing Land Uses.)
a/b. N: Existing zoning: R‐36, Single‐Family Residential
SR, Suburban Ranch (Pima County)
GR‐1, Rural Residential (Pima County)
Existing land use: Vacant land and single‐family residential
development
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II. Inventory & Analysis
4Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
E: Existing zoning: R‐36, Single‐Family Residential
R‐144, Single‐Family Residential
SR, Suburban Ranch (Pima County)
Existing land use: Vacant land and single‐family residential
development
SE: Existing zoning: R‐80, Single‐Family Residential
R‐144, Single‐Family Residential
Existing land use: Vacant land and single‐family residential
development
S: Existing zoning: SR, Suburban Ranch (Pima County)
Existing land use: Vacant land and single‐family residential
development
SW: Existing zoning: R‐144, Single‐Family Residential
Existing land use: Vacant land and single‐family residential
development
W: Existing zoning: R‐36, Single‐Family Residential
Existing land use: Vacant land and single‐family residential
development
c. Surrounding Building Heights
All nearby structures are single or two story.
d/e. Surrounding Rezonings
The Preserve at Twin Peaks Specific Plan is currently in review, east of the
subject property.
f. Surrounding Subdivisions and Development Plans
Cascada and Sky Ranch subdivisions are within a half mile of the property.
Additionally, the Dove Mountain and Casa Sevilla subdivisions are within a mile
of the property.
g. Surrounding Architectural Styles
Surrounding architectural styles are typical of most unplanned development in
Pima County, which is a mix of contemporary southwestern homes and
manufactured housing.
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II. Inventory & Analysis
5Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
4. Location and ownership of wells/well sites within 100 feet of site
According to ADWR, one well exists on‐site. It will be abandoned before construction
begins. No wells are known to exist within 100 feet of the project boundary but
numerous private wells exist further away in the surrounding areas of unplanned
development.
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R gul ou g br y , g f 413
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II. Inventory & Analysis
12Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
B. Topography and Slope
1. Topographic Characteristics
a. The topography of the subject properties is characterized by relatively flat terrain.
The subject properties generally slope evenly from northeast to southwest.
Elevations range from approximately 2,400 feet above sea level at the northeast
corner to 2,356 feet above sea level at the southwest corner of the subject
properties. The site does not contain any hillside conservation areas, rock outcrops,
slopes of 15% or greater, or other significant topographic features.
2. Pre‐Development Slope
a. Average Cross‐Slope
i. The pre‐development average cross‐slope for the subject properties is
approximately 4.0 percent, according to the following formula:
C = Contour Interval
L = Length of Topographic Contours
A = Acreage of Site
( C x L x 0.0023 ) / A = Average Cross Slope
(2’ x 22,730 x 0.0023) / 26 = 4.0%
b. Average Overall Slope
i. The pre‐development properties’ average overall slope is 2.8% from the
northeast corner to the southwest corner of the project boundary.
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II. Inventory & Analysis
14Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
C. Hydrology
1. Off‐site Features Affecting Site
Upstream of the site, the low density nature of existing development allows most
drainage to flow naturally. Drainage in the area is typically concentrated within the
numerous braided washes criss‐crossing the Tortolita Fan. Drainage flows through
existing drainage structures beneath Twin Peaks Road, which is upstream of the subject
property. Drainage then continues downstream of the subject properties in the same
manner that is exhibited in the upstream watershed.
2. Acreage of Upstream Offsite Watersheds
The off‐site watershed affecting this property is approximately 190 acres with an overall
downward slope of approximately 1.5% from the top of the watershed to the subject
property.
3. On‐site Hydrology Characteristics
a. 100‐Year Floodplains with Discharges ≥ 50 CFS
Estimated 100‐year floodplains are shown on the following exhibit.
b. Areas of sheet flooding and average depths
There are no areas of sheet flooding onsite.
c. Federally mapped floodways and floodplains
Federally mapped floodplains exist on‐site, but are avoided.
d. 100‐Year Floodplains with Peak Discharges > 50 CFS
Estimated 100‐year floodplains are shown on the following exhibit (Exhibit H:
On‐site Hydrology).
4. Existing Drainage Conditions Along the Downstream Property Boundary
Drainage coursing through the site is fairly well contained within two primary washes
due to the fact that it is concentrated into the two washes by the Twin Peaks Road
culverts described above. Along the downstream property line, these flows exit the
property as central channels within an expansive braided flow system that is typical of
the Tortolita Fan.
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II. Inventory & Analysis
17Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
D. Vegetation
The Town’s draft Habitat Conservation Plan (HCP) places the subject property within
Conservation Zone 3, which “would require the protection of between 40 and 70 percent” as
open space. As such, riparian areas should be given the highest conservation priority, as they
have been in this Specific Plan. The subject property is not within the planned habitat ranges of
any species mapped in the draft HCP.
From Floerchinger Sadler Steele Baker, Inc. 2006 report, Job #20502:
1. On‐site Vegetative Communities
“Site vegetation substantially consists of undisturbed Arizona Upland Sonoran Desert
Scrub Biotic Community. The dominant plant association is the Paloverde‐mixed cacti
community. Species include mesquite, acacia, ironwood, foothills paloverde, creosote
bush, and ocotillo, prickly pear, and fishhook barrel cactus. A large number of mature
saguaro exists within the subject site. Ironwood trees, 12‐inch caliper and larger, and
other large trees are also prevalent. Night blooming cereus are scattered throughout
the project site.”
2. Significant, Threatened, or Endangered Flora
“Illustrated on the significant vegetation exhibit.”
3. Vegetative Densities
“Novak Environmental approximates the vegetative density of the subject site at 35
percent plant cover.”
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Exhibit J
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18
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II. Inventory & Analysis
19Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
E. Wildlife
1. Arizona Game and Fish Department Input
Utilizing the Arizona Game and Fish Department Heritage Data Management System
records, we have determined that one or more listed, proposed, or candidate species or
Critical Habitat (Designated or Proposed) have been documented in the vicinity of the
proposed Twin Peaks Vista Specific Plan including Golden Eagle, Fulvous Whistling‐Duck
and Cactus Ferruginous Pygmy‐owl. Information obtained on May 9, 2013 also notes
that one or more native plants listed on the Arizona Native Plant Law and Antiquities Act
have been documented within the vicinity of the project (Tumamoc Globeberry). These
records also indicate that Twin Peaks Vista is located near an identified wildlife habitat
linkage corridor. (See Exhibit K: AZGFD for more information.)
Proper steps should be taken during development to mitigate the occurrence of any
listed fauna, should they be found onsite.
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20Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
Exhibit K: AZGFD Letter
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21Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
Exhibit K: AZGFD Letter (Cont’d)
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WLB No. 110047‐A‐002
Exhibit K: AZGFD Letter (Cont’d)
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23Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
Exhibit K: AZGFD Letter (Cont’d)
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24Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
Exhibit K: AZGFD Letter (Cont’d)
6
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25Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
Exhibit K: AZGFD Letter (Cont’d)
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WLB No. 110047‐A‐002
Exhibit K: AZGFD Letter (Cont’d)
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II. Inventory & Analysis
27Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
F. Soils and Geology
1. Soils
The National Resources Conservation Service notes the subject property as “Hayhook
Sandy Loam/Hayhook – Sahuarita Complex, 1 to 5 percent slopes.” These designations
are typical of the Tortolita Fan area and are characterized by well‐draining sandy soil on
the surface, with gravelly soil several feet below. Detailed geotechnical investigation
will be performed prior to development.
2. Geology
The project lies within the Tortolita Fan area, which falls into the Santa Cruz River basin
valley. The US Geological Survey further describes this area as, “QTa: Alluvium &
Sedimentary Rock. Unconsolidated to well‐consolidated and caliche – cemented sand,
silt, and gravel and dissected basin‐fill deposits of conglomerate, sandstone, and
siltstone with minor lacustrine rocks.”
G. Viewsheds
From Floerchinger Sadler Steele Baker, Inc. 2006 report, Job #20502:
1. Viewsheds from Adjacent Properties
“Predominant views are Tortolita Mountains to the north, Pusch Ridge and Catalina
Mountains to the east, Wasson Peak to the south, and Safford Peak to the west.
Development of the subject property will not block these views for the existing homes in
the area.” (See Exhibit M: Viewsheds for more information.)
2. Site Visibility
“Views into the subject site are restricted due to existing vegetation. Also, views from
Camino de Mañana are further hampered due to its depressed condition adjacent to the
subject site.”
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Exhibit M: Viewsheds (Cont’d)
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Exhibit M: Viewsheds (Cont’d)
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32Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
H. Traffic
1. Existing / Proposed Off‐site Streets between the Development and Nearest Arterial Streets
The development has two entries. One access point directly accesses Twin Peaks Road at
Camino de Manana, both of which are arterial streets. The other accesses Decker Drive
which is a local road.
Now that Twin Peaks Road has been improved, the 2040 P.A.G. Regional Transportation
Plan proposes no additional improvements within a mile of the project.
2. Nearby Arterial Streets
All traffic generated by this project will be accommodated by Twin Peaks Road and Camino
de Manana. (See Exhibit X: Circulation Concept Plan.)
Twin Peaks Road
150 foot Right‐of‐Way
Four lane divided roadway with bicycle lanes and landscaped median
45 MPH speed limit
Large wash channeled underneath road via culverts at intersection with Camino de Mañana.
Camino de Mañana
60 foot Right‐of‐Way
Two lane asphalt road
35‐45 MPH speed limit
Roadway at or below surrounding grade
Wash flows over road way half way between Twin Peaks intersection and Desert Falcon
Lane.
3. Nearby Arterial Intersections
Arterial intersections within one mile of the site that will likely carry traffic generated by this
development include Twin Peaks Road and Camino de Mañana, and Camino de Mañana and
Camino de Oeste.
4. Nearby Bicycle / Pedestrian Ways
Bicycle lanes, a sidewalk, and a multi‐use trail are provided alongside the nearby Twin Peaks
Road.
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II. Inventory & Analysis
33Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
I. Recreation and Trails
1. Trails, parks and recreation areas within one mile of site.
No existing parks are within one mile of the project site. The surrounding area currently
contains passive recreational opportunities, including open space areas and three Pima
County trails. El Camino de Mañana Wash Trail (Pima County Trail #158) and Ironwood Trail
(Pima County Trail #172) are located within a mile of the property site. By proposing a
sidewalk connection to Twin Peaks Road, Twin Peaks Vista will provide an important and
permanent linkage for the regional trail network. (See Exhibit N: Trails for more
information.)
The Twin Peaks Vista Specific Plan supports the goals of the Pima County Trail System
Master Plan and the Town of Marana Trails System Master Plan by providing a pedestrian
connection to Twin Peaks Road which functions as Regional Trail #176. Two regional or
district parks with a combined area of 72.8 acres have been planned but not yet developed
at the nearby Cascada subdivision development. This is in addition to the several
neighborhood parks within the Cascada development.
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II. Inventory & Analysis
35Twin Peaks Vista Specific Plan
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J. Cultural, Archaeological, and Historic Resources
1. On‐site Resources
None.
2. Archaeologist Letter
No archaeological resources are known to exist on‐site. An archaeological survey was
conducted on the subject property by Professional Archaeological Services of Tucson
(P.A.S.T.), and the investigator determined in the report titled “Archaeological Survey of the
Camino de Mañana Section 12 Project near Marana, Pima County, Arizona” that no further
cultural resource studies are warranted. Based on the archival information, field methods,
the observable surface indications, and because none of the materials observed on the
subject property have potential to provide important archaeological or historical
information beyond what has been obtained for this resource, P.A.S.T. supports the
development of Twin Peaks Vista. If any cultural resources are discovered during
construction, State and local rules will be followed regarding handling and treatment of
cultural resources. (See Exhibit O: PAST Report Cover for reference information.)
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II. Inventory & Analysis
37Twin Peaks Vista Specific Plan
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K. Existing Infrastructure and Public Facilities
1. Sewer
The Twin Peaks corridor, including this property, is tributary to Pima County’s Ina Road
wastewater treatment plant. The project will connect to the Pima County Regional
Wastewater Reclamation Department sewer system near the intersection of Linda Vista
Boulevard and Blue Bonnet Road. Capacity to connect at this location has been confirmed.
See Exhibit Q: Sewer Capacity Response Letter.
2. Water
This project is within the Town of Marana water service area. A 16” water main exists within
the Twin Peaks Road right‐of‐way.
3. Fire Service
It is anticipated that this project will be annexed into the Mountain Vista Fire District.
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Exhibit Q: Sewer Capacity Letter
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III. Land Use Plan
42Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
III. Land Use Plan
A. Purpose and Intent
This section describes how the development responds to the opportunities and constraints
described in the Inventory & Analysis section of this Specific Plan, as well as the Town’s draft
Habitat Conservation Plan. The care with which a Specific Plan responds to its physical and
regulatory context determines the appropriateness of the design, and ultimately the quality of
life that results within and around the Plan area. As evidenced by the site plan, the Twin Peaks
Vista Specific Plan has been crafted after careful and responsive consideration of the site’s
context.
B. Relationship to Town of Marana Adopted Plans
The Marana General Plan designates this property as Low Density Residential: 0.5‐2.0 homes per
acre. A Specific Plan provides some flexibility to this guideline because greater density is
appropriate on less constrained properties along the Twin Peaks corridor.
The Town’s draft Habitat Conservation Plan calls for between 40% and 70% open space in Zone
3 areas such as this one, with 70% being the default minimum except in cases where a lower
percentage of open space can be justified without substantial environmental impact. The entire
Twin Peaks Road corridor is planned to be developed, although much of it is heavily constrained
by environmental and hydrological constraints. Thus, a 70% open space goal for the corridor as
a whole is not unrealistic or unwarranted. Many properties along the corridor will rightfully end
up with greater than 70% open space. However, this site is one of the few properties along the
corridor that is not so significantly constrained by environmental and hydrological impacts. This
makes it appropriate for development with a lower required open space percentage, although
at 50% open space (47% natural open space) this project is still within the HCP Zone 3 open
space percentage range.
C. Compatibility to Adjoining Development
The Twin Peaks Vista Specific Plan seeks to be compatible with surrounding land uses while
maintaining appropriate and sufficient residential density to offset the cost of extending sewer
and other utilities to the vicinity. The Plan features a density that is in line with the Marana
General Plan, buffering to adjacent land owners, and a substantial amount of open space.
Utilizing a cluster development approach, the design maintains a high percentage of open space,
which demonstrates sensitivity to the environmental value of the area. Twin Peaks Vista will
also comply within reason with the Town’s upcoming Twin Peaks Corridor branding and theming
goals.
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III. Land Use Plan
43Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
D. Land Use Proposal
This project is designed to blend with surrounding low density residential land uses and
currently undeveloped areas. Approximately 50% of the site remains as open space, including
the active recreation area. Home sites are set back from adjacent properties. Natural and
enhanced landscaping exists within these buffer areas to provide visual screening between the
homes within the development and existing neighbors. Although the lots proposed are of the
size typically desired by large homebuilders, the overall density of this project is relatively low
(approximately 2.5 homes per acre), resulting in a low traffic impact on nearby roadways.
Specifically, the Twin Peaks Vista Specific Plan contains several land uses, with residential lots
being the principal use. The residential lot development standards are considered Residential
Area (RA). The other land uses, Active Open Space (AOS) and Natural Open Space (NOS),
support the future community residents.
Land Use Designation Gross Area (AC) Target RAC Target Lot Yield
Residential Area (RA) 13.2 4.5 60 Units
Active Open Space (AOS) 0.6 0 0
Natural Open Space (NOS) 12.0 0 0
TOTAL SITE AREA 25.8 Acres 2.3 RAC Gross 60 Units
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III. Land Use Plan
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E. Grading Concept
Site grading will be restricted to roadways, lots, and necessary ancillary grading. Improvements
within this project will be located at or near existing grade in order to avoid excessive alteration
of the site’s gently sloping terrain. Additionally, clustering the lots allows conservation of
approximately 51% of the site.
F. Post‐Development Hydrology
The significant drainageway on‐site will be preserved in its natural state, within the common
area open space designated as NOS. Minor encroachments are proposed in several areas, but
no substantial encroachment is proposed. Additional stormwater runoff created by new homes
and roadways will be collected in small landscaped detention basins throughout the
development. By largely avoiding disturbance of existing drainageways, and spreading
stormwater detention throughout the project, impacts to up‐ and downstream drainage
patterns are mitigated, and erosion issues will be prevented. No offsite drainage easements are
anticipated to be needed.
The Town of Marana adopted Title 25 of the Land Development Code with an effective date of
October 18, 2007. To comply with this Title, a Stormwater Pollution Prevention Plan and NOI for
coverage under the AZPDES Construction General Permit is required to be submitted along with
a fee payment to the Town for review and acceptance prior to commencement of grading
activities. Construction/storage yards, construction trailers, fencing, water pumps/ponds and
roads will be considered part of the larger plan of development and will need to be covered in
the Stormwater Pollution Prevention Plan for this project.
All Federal permit requirements will need to be met prior to grading permit issuance. This
includes Army Corps of Engineers Jurisdictional Wash consultation/determination due to
potential jurisdictional washes on the property.
G. Vegetation and Landscaping
Most significant vegetation found on‐site is within the two sizeable on‐site washes, both of
which are preserved as Natural Open Space except for the minor encroachments depicted on
the Land Use Concept (Tentative Development Plan). As part of the platting process, a native
plant inventory will be prepared for the entire site, identifying vegetation to be preserved in
place or transplanted on‐site.
Development features drought tolerant landscaping, which further increases how well the
project fits within the context of lower density surrounding development in this arid region.
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H. Wildlife
By preserving the major washes on‐site through the Natural Open Space (NOS), the primary
wildlife corridors through the property are also protected. The width of the proposed primary
open space corridors on‐site is approximately 300 feet, which provides ample visual and
acoustical buffering for wildlife traversing the site.
At least 30 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. No other priority species are known to potentially exist onsite.
I. Viewsheds
Extraordinary views are not available from or across the property due to existing, relatively flat
topography coupled with the distance to surrounding mountain ranges. However, the wide
open space corridors and perimeter buffer areas mitigate the project’s impacts to surrounding
viewsheds.
J. Circulation Concept
Two connections are proposed to the existing public street system: one connection to Twin
Peaks Road at Camino de Mañana, and one connection to Decker Drive. The locations of the
points of connection were chosen to minimize impacts to existing washes, the available right‐of‐
way frontage, and roadway geometry. Internal streets will be designed and built to Town
standards. Streets are intended to be private if the homebuilder elects to gate the
neighborhood. Otherwise, they will be public streets.
This project is expected to generate approximately 600 vehicular average daily trips (ADT),
based on a single‐family detached residential use generation of ten trips per day. Based on the
internal circulation pattern, it is expected that the vehicular traffic generated by this project will
be fairly evenly split between the two access points.
Decker Drive will be built to the Town’s Local Street standard detail (Marana Detail 100‐1) within
the existing 60’‐wide right‐of‐way, with a sidewalk on the east side of the road. Decker Drive
will be built from Twin Peaks Road to a point just north of the access street for the project. If
the right‐of‐way width required for this street section is already in place, no right‐of‐way
dedication will be required.
Potvin Lane, which currently exists as a 30'‐wide right‐of‐way, will be built to the Town’s Small
Rural Subdivision Street standard detail (Marana Detail 100‐6), with a sidewalk on the south side
of the street. Potvin Lane will be built from Twin Peaks Road to a point just west of the access
street for the project. If the right‐of‐way width required for this street section is already in
place, no right‐of‐way dedication will be required.
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K. Public Utilities
Water
The Town of Marana provides water service to the surrounding area, although the development
site is not currently serviced. Water service for this project will be extended from the existing
16 inch main that terminates near the intersection of Blue Bonnet Road and Twin Peaks Road.
The developer of Twin Peaks Vista will submit a Water Service / Development Agreement,
identifying water use, fire flow requirements, and all major onsite and offsite water facilities
needed to serve the development including, but not limited to, reservoir and booster
infrastructure. The developer will construct at its cost both the onsite and offsite facilities
required to serve the water demands of the development pursuant to the agreement.
Sewer
Sewer service for this project will be extended by the developer from the existing sewer main
that terminates just south of the intersection of Linda Vista Boulevard and Blue Bonnet Road.
The main will be extended along Blue Bonnet Road, within the right‐of‐way and within
easements, and then will be extended under Twin Peaks Road to the project.
Electric
Electric service will come from Trico Electric Cooperative, Inc (TRICO). The power source will
come from TRICO’s main feeder line along the east side of Twin Peaks Road. This feeder line
exists along the project’s eastern edge. There are also several points along the eastern edge to
tie into the electrical infrastructure, if needed.
Natural Gas
Southwest Gas will supply natural gas services to the proposed development. The closest
existing gas facility exists at the intersection of Oasis Road and Quail Lane. The main will be
extended if needed by the homebuilder.
Telecommunications
Twin Peaks Vista is within the TRICO, Comcast, and CenturyLink service areas.
Telecommunication service is proposed from these providers.
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L. Public Service Impacts
Police
The project is within Marana’s town limits, and law enforcement jurisdiction. As a relatively low
density residential project, impacts to Marana’s police services are expected to be minimal.
Fire
This project is anticipated to be served by the Mountain Vista Fire District.
Trash and Recycling
The Town of Marana does not provide trash and recycling services. The homeowners
association will contract with a private solid waste pick‐up provider.
Schools
The Marana Unified School District uses a student generation factor of 0.25 per home for
elementary students and 0.1 per home for secondary students. This project’s anticipated 60
homes would have an impact of 15 elementary students and 6 secondary students. Ironwood
Elementary, Tortolita Middle School and Mountain View High School all have capacity to absorb
this number of students. (See letter from Marana Unified School District, Exhibit W.)
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Exhibit W: MUSD Letter
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M. Recreation and Trails
The majority of the development’s open space will be owned and maintained by the HOA (with
49% of the site as NOS & AOS). Approximately 12.0 acres of the subject property consists of
natural open space (NOS), and 0.6 acres of the property consists of active open space (AOS).
The active space is a neighborhood park in the central portion of the property, providing easy
access to all residents of Twin Peaks Vista through the internal sidewalk network. This park is
expected to be the recreational focal point of the neighborhood due to its central location
within the project, as well as connectivity to the regional trail system. It will include play
equipment, shade structure, and seating. A pedestrian (sidewalk) connection will be
constructed to link the project to Pima County Trail #176. All plants shall be on an underground
drip irrigation system. If turf is used, it must be irrigated from a secondary non‐potable source
as long as the non‐potable source is available at the boundary of the Specific Plan at the time
that of development. However, most of the land is proposed to remain as Natural Open Space
(NOS), and shall not be irrigated. These actions meet the recommendations in the Town of
Marana’s Parks, Recreation, Trails, and Open Space Master Plan and the Marana 2010 General
Plan.
N. Cultural, Archaeological, and Historic Resources
No archaeological resources exist on‐site. An archaeological survey was conducted on the
subject property by Professional Archaeological Services of Tucson (P.A.S.T.), and the
investigator determined in the report, titled Archaeological Survey of the Camino de Mañana
Section 12 Project near Marana, Pima County, Arizona, that no further cultural resource studies
are warranted. If any are discovered during construction, State and local rules will be followed
regarding handling and treatment of cultural resources. (For more information, see Exhibit O:
PAST Report Cover.)
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V. Implementation & Administration
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IV. Development and Design Standards
A. Purpose and Intent
This section provides standards and guidelines that apply to development within the Twin
Peaks Vista neighborhood. Guidelines are provided for each separate land use within the
project. The development is subject to the Town of Marana Residential Design Standards,
and will comply with the Town’s upcoming Twin Peaks Corridor branding and theming goals.
B. Residential Area (RA)
a. Permitted Uses
1. Single‐Family Detached Residential
2. Recreation Areas and Open Space
b. Allowable Accessory Uses:
a. The following accessory buildings and uses may be located on the
same lot with a permitted dwelling, provided that any permanent
building or structure shall be harmonious with the architectural style
of the main building and further provided that all residential
accessory uses are compatible with the residential character of the
neighborhood:
i. Tool/storage sheds, patios and cabanas, noncommercial
hobby shops, children's playhouses, etc.;
ii. Swimming pools, spas, and related structures;
iii. Fences and walls;
iv. Home occupations, with approval from Town of Marana;
v. Model homes, within an approved subdivision;
vi. Temporary sales trailer, within an approved subdivision.
c. Development Standards
1. Minimum Lot Area: 6,000 square feet.
2. Minimum Lot Width: 45 feet.
3. Minimum Front, Side and Rear Yards (Setbacks):
a. Front: 16 feet, except where garages open or face directly onto an
abutting street, in which case the garage setback shall be a minimum
of 20 feet. A maximum of 35% of the lots may have a reduced
setback to the 16 feet, with the balance of the setbacks being 20 feet
or greater.
b. Side: 5 feet, with a street side yard (setback) having a minimum of 10
feet.
c. Rear: 20 feet.
d. Where the front yard (setback) is increased above 20 feet, the rear
yard (setback) may be reduced by one foot for each foot of front
yard increase, but shall not be reduced to below 15 feet. Where the
front yard (setback) is decreased below 20 feet, the rear yard
(setback) shall be increased by one foot for each foot of front yard
decrease, but shall not be required to be over 25 feet.
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(setback) shall be increased by one foot for each foot of front yard
decrease, but shall not be required to be over 25 feet.
4. Minimum Distance Between Structures:
a. Between principal (main) buildings: 10 feet.
b. Between principal (main) and accessory buildings: 5 feet.
c. Between accessory buildings: 5 feet.
d. Between attached patio structures and property lines: 5 feet.
i. A minimum setback of 5 feet shall be maintained from the
rear and side property lines for a patio structure that is open
/ unenclosed on three sides.
e. The adopted Marana fire code will also regulate the distance
requirements between structures. If the Specific Plan’s building
separation standards are inconsistent with the fire code, then the
most conservative separation standard shall apply.
5. Maximum Building Heights:
a. Two‐stories or 30 feet.
C. Active Open Space (AOS)
The Open Space Active designation is proposed for approximately 0.6 acres in the
subject property. This designation provides for a neighborhood park, which is expected
to be the social and active recreational focal point of the community due to its relatively
central access to future residents as well as connecting to the regional trail system. (See
Exhibit U: Conceptual Landscape Plan.)
1. Allowable Uses:
a. Public parks and playgrounds including but not limited to:
i. Sport fields and courts
ii. Picnic areas
iii. Recreational structures
b. Private (HOA‐owned and operated) parks and playgrounds including but
not limited to:
i. Sport fields and courts
ii. Picnic areas
iii. Recreational structures
c. Public trails
d. Utility easements and maintenance roads
e. Community identification, entry monuments, community design
elements, and other enhancements common to a homeowner’s
association, and designed for a specific subdivision
D. Natural Open Space (NOS)
The Natural Open Space will be set‐aside as 12.0 acres of protected open space. Most
of the on‐site riparian areas will also be protected within this designated Natural Open
Space. (See Exhibit U: Conceptual Landscape Plan.) Although most of the areas within
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the NOS area will be undisturbed, minor disturbance for roadway, utility, entry
monumentation, drainage infrastructure, and ancillary grading is allowed, and is to be
revegetated.
1. Allowable Uses:
a. Open space
b. Utilities, entry monumentation, and signage
c. Public trails
d. Drainage infrastructure and other typical common area elements
E. Twin Peaks Corridor Design Standards
The Town of Marana has performed an extensive development design study along the
Twin Peaks Road corridor between the I‐10 interchange and Tangerine Road. The study
considered various design elements such as color and reflective values of buildings, roof
materials, and perimeter screen walls, as well as design elements of features common
to the development including entry monumentation, and site landscaping. Twin Peaks
Vista will comply with the design guidelines that result from the study, should such
guidelines be approved and implemented. The following standards are in conformance
with the preliminary results of the study at the time of this writing, and shall be adjusted
as necessary to align with Town Council’s direction about the design guidelines for the
Twin Peaks corridor:
1. The Light Reflective Value (LRV) of all structures along the perimeter of the
development including homes and perimeter walls shall be limited to 35%.
2. Pitched roof homes along the perimeter of the development shall utilize a roof
tile that is limited to a LRV of 35%.
3. Landscaped buffer yards along the perimeter of the project shall provide
adequate screening and mitigation of negative visual impacts to adjacent land
uses including Twin Peaks Road and Camino de Mañana.
4. Monument signage shall be comprised of a combination of natural, desert‐
themed materials including mud adobe block, earth‐tone stone (boulders,
stacked/ledge stone, and/or gabion cages) in color schemes such as ‘Santa Fe
Gold’ or ‘Apache Gold’ and rusted steel lettering not to exceed 12 inches in
height. If faux stone veneer is included in the design, natural stone shall also be
incorporated. Monumentation design shall be approved by the Town prior to
construction.
Regular Council Meeting - February 18, 2014 - Page 258 of 413
V. Implementation & Administration
57Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
V. Implementation and Administration
A. Purpose
This section of the Twin Peaks Vista Specific Plan (Plan) outlines the implementation of the Plan
throughout the community’s development. It identities the parties responsible for ensuring the
project is built in coordination with infrastructure, landscaping, and signage improvements
providing a continuity of design. This section also provides for guidance regarding the general
administration of, and amendment procedures for, the Plan.
B. Proposed Changes to Zoning Ordinance
The Development and Design Standards section of this Specific Plan handles only those areas
that differ from the Town of Marana Land Development Code. If an issue, condition, or
situation arises that is not covered or provided for in this Plan, those regulations of the Town of
Marana Land Development Code that are current at the time of development/permitting shall
apply.
C. Development Review Procedure
The development review for Twin Peaks Vista Specific Plan shall be implemented through the
review and approval process of preliminary and final plats and all other plan reviews typically
performed by the Town of Marana and through the Town of Marana building permit approval
process. Decisions on grading, drainage, road alignment, re‐vegetation, and other matters must
be presented on the preliminary plat; the final decisions must be presented on the final plat. All
subdivision plats shall be reviewed by the Town of Marana in accordance with Town of Marana
procedures.
D. General Implementation Responsibilities
The Plan shall be implemented through the subdivision review process. This process will allow
for the creation of lots as preliminary and final plat maps allow for implementation of the
project. The Plan will guide the platting process with other official Town of Marana ordinances,
policies, maps and regulations.
The implementation of the Twin Peaks Vista Specific Plan is the responsibility of the Individual
Builder/Developer, and the Homeowners Association in accordance with the regulations and
guidance contained within this Specific Plan, unless otherwise noted. The Individual
Builder/Developer, or their successors and assigns, shall be responsible for the engineering and
implementation of the project infrastructure.
Approval of a subdivision plat, or building permit is subject to the following requirements:
1. Conformance with the adopted Twin Peaks Vista Specific Plan, including the
Development and Design Standards.
2. Provision of development‐related agreements as required by applicable agencies.
3. Dedication of appropriate rights‐of‐way for roads, utilities, and drainage by plat or by
separate instrument if the property is not to be subdivided.
4. Adoption of Master CC&Rs.
Regular Council Meeting - February 18, 2014 - Page 259 of 413
V. Implementation & Administration
58Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
5. None of the development requirements contained within this Specific Plan shall have
the effect of superseding the requirements of the Town of Marana’s adopted Building
Codes.
E. Phasing
Phasing is not expected in the Twin Peaks Vista development. However, the potential phasing
within the Plan is subject to change based on market conditions.
F. Specific Plan Administration
1. Enforcement
The Twin Peaks Vista Specific Plan shall be administered and enforced by the Town
of Marana Development Services Department in accordance with the provision of
the Town of Marana Land Development Code.
2. Administrative Change
Certain changes to the provisions in the Twin Peaks Vista Specific Plan may be
made administratively by the Town of Marana Planning Director, providing said
changes are not in conflict with the overall intent expressed in the Specific Plan.
Categories of administrative change include, but are not limited to:
1. The addition of new information to the Specific Plan that does not change the
effect of any regulations or guidelines, as interpreted by the Planning Director.
2. Changes to the community infrastructure planning and alignment such as roads,
drainage, water, and sewer systems that do not increase the development
capacity of the Specific Plan.
3. Changes to boundaries due to platting. Minor adjustments because of final
road alignments and drainage may occur during the platting process and shall
not require amendment to the Specific Plan.
4. Changes to development standards that are in the interest of the community
and do not affect health or safety issues.
3. Substantial Change
This Twin Peaks Vista Specific Plan may be substantially amended by the same
procedure as it was adopted. Each request shall include all sections or portions of
the Specific Plan that are affected by the change. The Planning Director shall
determine if the amendment would result in a substantial change in plan
regulations, as defined in the Town of Marana Land Development Code.
Regular Council Meeting - February 18, 2014 - Page 260 of 413
V. Implementation & Administration
59Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
4. Interpretation
If an issue, condition, or situation arises or occurs that is not sufficiently covered or
provided for to be clearly understandable, those regulations of the Town of Marana
Land Development Code that are applicable for the most similar issue, condition, or
situation shall apply. This provision shall not be used to permit uses or procedures
not specifically authorized by this Specific Plan or the Town of Marana Land
Development Code.
The Planning Director shall be responsible for interpreting the provisions of this
Specific Plan. Appeals to the Planning Director’s interpretation may be made
within fifteen (15) days from the date of the interpretation of the Board of
Adjustment.
5. Fees
Fees will be assessed as indicated by the Town’s adopted fee schedule that is in
place at the time of development.
6. Specific Plan Development Monitoring Program
The Individual Builder/Developer shall annually submit a written report to the
Town of Marana including:
• The past year’s development activity
• Utility, sewer, water, drainage, and street improvement activities
• Changes in ownership structure
• Status of sales or leases to others
• Estimates for the upcoming year in the above categories
This yearly report will be submitted within 30 days of the new calendar year of the
adoption of the Twin Peaks Vista Specific Plan. Annual reports will not be required
after development build‐out.
Regular Council Meeting - February 18, 2014 - Page 261 of 413
60Twin Peaks Vista Specific Plan
WLB No. 110047‐A‐002
BIBLIOGRAPHY
Cascada North Specific Plan. Presidio Engineering, Inc., 2011
Flood Insurance Rate Map Panel 1065 of 4750. Map. Washington DC: Federal Emergency Management
Agency, 2011.
Pima County MapGuide. Map. Pima County Geographic Information Systems, 2012.
<http://gis.pima.gov/maps/mapguide/>
RECON Environmental. Marana Public Draft Habitat Conservation Plan. Tucson: 2009.
Specific Plan/Rezoning Request PCZ‐06 Camino de Manana Properties. Floerchinger‐Sadler‐Steele‐
Baker, Inc. Tucson: 2006.
Town of Marana Utilities Department. Camino de Manana 16” Public Z‐Zone Watermain. Map.
Marana: WestLand Resources, Inc., 2009.
Town of Marana. Town of Marana 2010 General Plan. Marana: 2010.
Water Resource Data. Graph. Arizona Department of Water Resources, 2012.
<https://gisweb.azwater.gov/waterresourcedata/>
Regular Council Meeting - February 18, 2014 - Page 262 of 413
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, February 18, 2014, 7:00 PM
To: Mayor and Council Item A 4
From: Brian Varney, Planner II
Strategic Plan Focus Area:
Commerce, Community
Subject: PUBLIC HEARING: Ordinance No. 2014.004: Relating to Development; approving a
rezoning of approximately 100 acres of land located east of Camino de Mañana and
approximately a quarter mile north of Lambert Lane from ‘R-36’ (Residential) to
‘F’ (Specific Plan) for the purpose of creating The Preserve at Twin Peaks Specific Plan; and
approving a minor amendment to the General Plan
Discussion:
Summary of Application
The WLB Group, representing ABIG Manana, LLC (Fidelilty National Title Trust 60175) and ABIGER
Manana, LLC, requests to rezone approximately 100 acres of land from R-36 (Residential) to F
(Specific Plan) for the purpose of creating The Preserve at Twin Peaks Specific Plan, a residential
master-planned development. The rezoning request is accompanied by a minor amendment to the
General Plan to amend the land use designation from Low Density Residential (LDR) to Master Plan
Area (MPA) to accommodate the specific plan zoning. The property is generally located east of Camino
de Manana, approximately 1/4 mile north of Lambert Lane and approximately 1.5 miles south of
Tangerine Road.
Rezoning Request
The specific plan proposes three land use designations: Medium Density Residential (MDR); Natural
Open Space (NOS); and Active Open Space (AOS) within the 100 acre project area. The specific plan
zoning has enabled the applicants to exercise the creativity and flexibility necessary to create what they
believe is a well-designed, functional development that is very sensitive to the natural environment, as
well as the surrounding built environment.
Marana General Plan
The Marana General Plan designates the land within the proposed rezoning area as Low Density
Residential (LDR). The LDR designation is typically characterized by single-family detached homes on
relatively large lots within a density range of 0.5 to 2.0 residences per acre where the retention of semi-
rural open character is desired. Environmental factors may allow for clustered housing projects.
Commercial development that serves the surrounding residential development with both pedestrian
connectivity and automobile access is allowed. The overall proposed density for The Preserve at Twin
Peaks is 1.97 residences per acre.
Land Use
The Preserve at Twin Peaks proposes three cohesive land uses: Medium Density Residential; Natural
Open Space; and Active Open Space. The plan proposes 195 residential lots, roadway infrastructure,
Regular Council Meeting - February 18, 2014 - Page 263 of 413
drainage and utility infrastruture, as well as 3.4 acres of developed park site. It is anticipated that
approximately 47.6 acres (48%) of the project area will be developed for residential lots and related
infrastructure, 48.1 acres (48%) will be maintained as natural open space, and approximately 3.4
acres (3% - 4%) will be developed as active open space.
As is the case with much of the land within the Tortolita fan, this specific plan area is challenged with
environmental and hydrological constraints. The proposed specific plan provides solutions to these
challenges by preserving the natural drainage features and riparian areas as open space within the project
and takes advantage of the clustering option afforded by the General Plan to concentrate development
within the appropriate areas. Significant drainageways will be preserved in their natural state with minor
encroachments primarily for roadway crossings. The low density and clustered design of the project will
allow for most drainage to flow naturally through the development.
The Preserve at Twin Peaks proposes approximately 48 percent disturbance of the overall site, a level
that Town staff believes is appropriate for the conditions. Considering the development capacity of the
Twin Peaks corridor on a macro scale, a fair amount of the land available for development will not
support disturbance levels above 30-40 percent due to topographical and environmental constraints.
Other land along the corridor can safely and reasonably accommodate greater levels of disturbance and
be developed with projects of exceptional quality that preserve the amenities of the natural
environment.
It is important to note that the draft Town of Marana Habitat Conservation Plan, which has not been
adopted by Town Council, proposes a disturbance limit of 30 percent for this area of the Town. The
rationale for the 30 percent limitation was based largely upon the former status of the
Cactus Ferruginous Pygmy Owl as an endangered species, and the possibility that it could again be
placed upon the list as an endangered species. The owl was added to the list in March of 1997 and
removed in 2006. The U.S. Fish and Wildlife Service published a finding in 2011 that the owl does not
warrant protection under the Endangered Species Act. Given that the owl has been removed from
endangered species status, the Town is reconsidering the need to support the 30 percent disturbance
limitation upon which a number of rezonings have been conditioned. This particularly applies to land
that can safely and reasonably accommodate greater levels of disturbance and result in high quality
developments that are sensitive to the environment.
The development standards proposed for The Preserve at Twin Peaks are commensurate with those of
other quality single-family residential developments in the Town. Although the minimum lot size
proposed is 6,000 square feet, the majority of the lots along the perimeter of the development are
proposed at larger minimums between 7,200 and 9,100 square feet. Lots that have been determined to be
located within visually sensitive areas and within visibility corridors of adjacent residences are proposed
to be restricted to single-story homes, as is indicated on the Land Use Concept Plan (Page 48 of the
specific plan). Lots proposed along the east and south boundaries of the development have been setback
a minimum distance of 100 feet from the property line, providing a substantial natural buffer between
the new development and the existing development in neighboring Pima County.
Town staff has conducted an extensive development design study along the Twin Peaks corridor to
consider how various design elements of future development could potentially impact the aesthetics
of the corridor. Consideration was given to elements such as building height and location, color and
reflective values of buildings, roof materials, and perimeter walls, as well as elements common to the
project such as entry monumentation and site landscaping. The results of the study have been placed on
the agenda for tonight's meeting for action by Town Council. The Preserve at Twin Peaks specific plan
proposes design standards that are in conformance with the guidelines defined in the Study. Light
Reflective Values (LRV's) are proposed to be limited to 35 percent for all structures along the perimeter
of the development including homes, walls, and roof tiles on pitched roof structures. Entry
monumentation utilizing standardized design elements and construction materials are proposed for this
development that will help create a theme or branding for all future development along the corridor.
Active recreation area requirements will be met by the provision of two park areas totalling 3.4 acres, as
well as pedestrian trails throughout the development that provide or facilitate connectivity to the
regional system. The developer will be required to construct an asphalt shared-use path (constructed to
Town standards) along the project's frontage on Camino de Manana, as well as westerly along Camino
Regular Council Meeting - February 18, 2014 - Page 264 of 413
de Manana to Twin Peaks Road tying into the regional trail system.
Access and Circulation
The primary and secondary access for The Preserve at Twin Peaks are both provided from Camino de
Manana, a two-lane asphalt roadway with a 60-foot right-of-way. The primary access off of Camino de
Manana will consist of a divided roadway with a landscaped median, and the secondary access is
proposed as a standard two-lane roadway. An emergency access will be available only to emergency
service vehicles via a gated entry at Blue Bonnet Road. Although it has not definitively been determined
whether the internal streets will be public or private, all new streets will be designed and constructed to
Town standards. The Town of Marana Traffic Engineering Division has accepted the Traffic Impact
Analysis for this project with conditions that the developer shall be responsible for the design and
construction of a right-turn lane on Camino de Manana at its intersection with the project's southernmost
driveway, as well as the design and construction of a traffic control signal at the intersection of Twin
Peaks Road and Camino de Manana.
Utilities
The specific plan area will be served by Marana water via an existing 16-inch main located within the
Twin Peaks Road right-of-way near its intersection with Blue Bonnet Road. Sewer service will be
provided by Pima County via a connection to the existing main located near the intersection of Blue
Bonnet Road and Linda Vista Boulevard approximately 1.25 miles south of the project. The sewer main
will be oversized to accommodate regional requirements. TRICO Electric Cooperative will provide
electric service to the site. The nearest natural gas facility is located at the intersection of Oasis Road and
Quail Lane, and will be extended by the builder if necessary.
Citizen Participation
Thoroughout the development review process, the applicants have held a number of neighborhood
meetings and have worked diligently with the surrounding neighborhood in an attempt to address
concerns regarding the proposed development. Additionally, Town staff held a well-attended
neighborhood meeting at the Marana Municipal Complex to discuss planned development along the
Twin Peaks corridor. The result has been a significant reduction in lot count, a restriction to single-story
homes on lots in aesthetically sensitive areas, and an increase in the size of bufferyards and plant density
within the bufferyard areas. Staff has received a significant amount of correspondence, both in support
and opposition of the proposed rezoning. This correspondence has been provided to the Town Council
for review and consideration.
Public Notification
The public hearing was propertly noticed in The Arizona Daily Star newspaper, and all property owners
within 300 feet of the property subject to this application were notified by U.S. Mail of the date and time
of the public hearing. Additionally, notice was posted at various locations within the community.
Recommended Findings of Fact
1. The property is currently zoned R-36 (Residential). The proposed change in zoning from R-36 to F
(Specific Plan) will require a minor amendment to the Marana General Plan from the existing
designation of Low Density Residential (LDR) to Master Plan Area (MPA).
2. With the acceptance of the recommended conditions, the proposed rezoning is in compliance with all
other development standards of the Land Development Code related to this zoning classification.
3. 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.
CASE ANALYSIS REVIEW CRITERIA
1. Ability to comply with development regulations, i.e. water, sanitation, access, developable parcel,
etc.: With the acceptance of the recommended conditions, the development complies with the
requirements of all agencies.
2. Ability to comply with requirements of the zoning regulations, i.e. lot size, frontage, setbacks, etc.:
With the acceptance of the recommended conditions this proposal complies with the requirements of F
Regular Council Meeting - February 18, 2014 - Page 265 of 413
(Specific Plan) zoning and the purpose and intent of the Land Development Code.
3. Consistent with the purpose of the zoning regulations and with the intent of the General Plan: 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.
4. 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.
ATTACHMENTS:
Name:Description:Type:
Ord 2014.004 The Preserve at Twin Peaks Specific Plan
(00036979).doc
Ordi 2014.004 Ordinance
PCZ-12023 legal description.pdf Exhibit A Legal description Exhibit
PCZ-12023 Twin Peaks 145 Rezoning Appl..pdf Application Backup Material
PCZ 12023 Location Map.pdf Location Map Backup Material
Administrative Summary PCmeeting 12914.pdf Planning Commission Meeting - Admin. Summary Backup Material
Planning Commission Minutes 082814.pdf Minutes_PCmeeting_082814 Cover Memo
PCZ-12023 The Preserve at Twin Peaks -
SPDOC.pdf Specific Plan Document Backup Material
Staff Recommendation:
Staff recommends approval of PCZ-12023, The Preserve at Twin Peaks Specific Plan, subject to the
following conditions:
Recommended 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.
2. The following conditions pertain to the design and construction of transportation improvements,
which shall be the responsibility of the Developer:
a. The Developer shall design and construct a right turn (deceleration) lane on Camino de Manana at its
intersection with project's southernmost driveway prior to occupancy of the first dwelling unit. The right
turn lane shall be designed and constructed to Pima County standards.
b. The Developer shall design and construct a traffic control signal at the Twin Peaks Road / Camino de
Manana intersection. The traffic signal shall be designed as a four-legged intersection and built as such
if the intersection has four legs at the time of construction. Otherwise, the signal shall be built for a
three-legged intersection. The traffic signal shall be constructed and made operational prior to the
Town's issuance of the 101st building permit for the development.
3. A drainage report must be submitted by the Developer and accepted by the Town Engineer prior to
Town approval of the preliminary plat.
4. The final design of all streets and circulation facilities, including the gated access (if applicable) and
emergency access, must be accepted by the Mountain Vista Fire District prior to the Town Council's
consideration of the final plat.
5. The preliminary plat shall be in substantial conformance with the Land Use Concept Plan of The
Preserve at Twin Peaks Specific Plan.
Regular Council Meeting - February 18, 2014 - Page 266 of 413
6. The maximum number of residential units for the project shall not exceed 195.
7. No approval, permit or authorization by the Town of Marana authorizes violation of any Federal or
State law or regulation or relieves the applicant or the land owner from responsibility to ensure
compliance with all applicable federal and state laws and regulations, including the Endangered Species
Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state
agencies should be consulted to determine any action necessary to assure compliance with applicable
laws and regulations.
8. The property is within the intended water service area of the Town. Prior to approval of the
preliminary plat, the Developer will submit a Water Infrastructure and Phasing Plan (WIP), identifying
water use, fire flow requirements, and all major on-site and off-site water facilities needed to serve the
development including, but not limited to, well source, reservoir, and booster station infrastructure. This
plan will be the basis for a Water Service Agreement for the project.
9. The property owner shall transfer to Marana, by the appropriate Arizona Department of Water
Resources form, those water rights being IGR, Type I or Type II for the Town providing designation of
assured water supply and water service to said property. If Type I or Type II is needed on said property,
the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights
appurtenant to said land.
10. A Sewer Service Agreement and Master Sewer Plan shall be submitted by the Developer and
accepted by the wastewater provider prior to the approval of any final plat or development plan.
11. Development within The Preserve at Twin Peaks Specific Plan area shall conform to and comply
with design standards adopted by the Town Council that are applicable to future development along the
Twin Peaks corridor.
12. Before the Town issues grading permits for this project, the developer 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.
13. Before the Town issues grading permits for this project, the developer shall submit evidence to the
Town that a 100 percent area survey has been completed by a qualified wildlife biologist for the
Sonoran Desert Tortoise. Any Sonoran Desert Tortoises found on the site shall be relocated at the
developer's expense.
14. The developer shall submit an annual report within 30 days of the anniversary of the Town Council’s
approval of The Preserve at Twin Peaks Specific Plan in accordance with the requirements defined in
the Land Development Code.
15. Upon adoption of the Rezoning Ordinance by the Mayor and Council approving The Preserve at
Twin Peaks Specific Plan, the applicant shall provide the Planning Department with the following: One
non-bound original; twelve bound copies; and, ten electronic copies on CD in PDF format.
Commission Recommendation - if applicable:
The Planning Commission has held two public hearings on this request. The most recent hearing was
held on January 29, 2014, at which the Commission voted unanimously (7-0) to recommend approval to
the Town Council as presented by staff.
The first hearing was held on August 28, 2013, at which the Commission voted 6-0 to recommend
approval to the Town Council with a condition to restrict the site disturbance to 30 percent in
accordance with the draft version of the Marana Habitat Conservation Plan (HCP) and the current
zoning previously approved by the Marana Town Council under Ordinance 2002.18.
Circumstances occurred after the August 28, 2013 Planning Commission action that resulted in a
decrease in the size of the project area from 145 acres to 100 acres necessitating a subsequent hearing
Regular Council Meeting - February 18, 2014 - Page 267 of 413
before the Commission to consider the revised plan.
Suggested Motion:
I move to adopt Ordinance 2014.004, approving a rezoning creating The Preserve at Twin Peaks
Specific Plan and approving a minor amendment to the General Plan subject to the recommended
conditions.
Regular Council Meeting - February 18, 2014 - Page 268 of 413
Marana Ordinance No. 2014.004 - 1 - 2/12/2014 9:17 AM BV/FJC
MARANA ORDINANCE NO. 2014.004
RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 100
ACRES OF LAND LOCATED EAST OF CAMINO DE MAÑANA AND APPROXIMATELY A
QUARTER MILE NORTH OF LAMBERT LANE FROM ‘R-36’ (RESIDENTIAL) TO ‘F’
(SPECIFIC PLAN) FOR THE PURPOSE OF CREATING THE PRESERVE AT TWIN PEAKS
SPECIFIC PLAN; AND APPROVING A MINOR AMENDMENT TO THE GENERAL PLAN
WHEREAS ABIG Manana, LLC (Fidelity National Title Trust 60175), and ABIGER
Manana, LLC, (the “Property Owners”) collectively own approximately 100 acres of property
located east of Camino de Mañana and a quarter mile north of Lambert Lane within a portion of
Section 12, Township 12 South, Range 12 East, as described on Exhibit “A” attached to and
incorporated in this Ordinance by this reference (the “Rezoning Area”); and
WHEREAS the Property Owners have authorized Joel Abrams (the “Applicant”) to submit
an application to rezone the 100 acres from ‘R-36’ (Residential) to ‘F’ (Specific Plan) (“this
Rezoning”); and
WHEREAS the Marana Planning Commission held a public hearing on August 28, 2013 to
consider an application to rezone the Rezoning Area as part of a larger rezoning of approximately
145 acres from ‘R-36’ (Residential) to ‘F’ (Specific Plan) and voted 6-0 to recommend approval; and
WHEREAS due to circumstances affecting the proposed acreage of the project and the
Town’s desire to complete a Twin Peaks corridor design study, the Marana Planning Commission
held a second public hearing on January 29, 2014 and voted 7-0 to recommend that the Town
Council approve this Rezoning; and
WHEREAS the Marana Mayor and Town Council held a public hearing on February 18,
2014 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 Rezoning Area is hereby changed from ‘R-36’ (Residential) to ‘F’
(Specific Plan) creating The Preserve at Twin Peaks Specific Plan.
Section 2. A minor amendment to the General Plan is hereby approved, changing the General
Plan designation of the Rezoning Area from Low Density Residential (LDR) to Master Planning
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 Ordinance):
Regular Council Meeting - February 18, 2014 - Page 269 of 413
Marana Ordinance No. 2014.004 - 2 - 2/12/2014 9:17 AM BV/FJC
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.
2. The following conditions pertain to the design and construction of transportation improvements:
a. The developer shall design and construct a right turn (deceleration) lane on Camino de
Mañana at its intersection with project’s southernmost driveway prior to occupancy of the
first dwelling unit. The right turn lane shall be designed and constructed to Pima County
standards.
b. The developer shall design and construct a traffic control signal at the Twin Peaks Road/
Camino de Mañana intersection. The traffic signal shall be designed as a four-legged
intersection and built as such if the intersection has four legs at the time of construction.
Otherwise, the signal shall be built for a three-legged intersection. The traffic signal shall be
constructed and made operational prior to the Town’s issuance of the 101st building permit
for the Rezoning Area.
3. A drainage report must be submitted by the developer and accepted by the Town Engineer prior
to Town approval of the preliminary plat.
4. The final design of all streets and circulation facilities, including the gated access (if applicable)
and emergency access, must be accepted by the Mountain Vista Fire District prior to the Town
Council’s consideration of the final plat.
5. The preliminary plat shall be in substantial conformance with the Land Use Concept Plan of The
Preserve at Twin Peaks Specific Plan.
6. The maximum number of residential units for the Rezoning Area shall not exceed 195.
7. No approval, permit or authorization by the Town of Marana authorizes violation of any Federal
or State law or regulation or relieves the applicant, the Property Owners, or the developer from
responsibility to ensure compliance with all applicable federal and state laws and regulations,
including the Endangered Species Act and the Clean Water Act. Appropriate experts should be
retained and appropriate federal and state agencies should be consulted to determine any action
necessary to assure compliance with applicable laws and regulations.
8. The property is within the intended water service area of the Town. Prior to approval of the
preliminary plat, the developer shall submit a Water Infrastructure and Phasing Plan (WIP),
identifying water use, fire flow requirements, and all major on-site and off-site water facilities
needed to serve the development including, but not limited to, well source, reservoir, and booster
station infrastructure. This plan will be the basis for a Water Service Agreement for the project.
9. The property owner shall transfer to Marana, by the appropriate Arizona Department of Water
Resources form, those water rights being IGR, Type I or Type II for the Town providing
designation of assured water supply and water service to the Rezoning Area. If Type I or Type II
is needed on the Rezoning Area, the Town and developer/Property Owners shall arrive at an
agreeable solution to the use of those water rights appurtenant to the affected portion of the
Rezoning Area.
10. A sewer service agreement and master sewer plan shall be submitted by the developer and
accepted by the wastewater provider prior to the approval of any final plat or development plan.
Regular Council Meeting - February 18, 2014 - Page 270 of 413
Marana Ordinance No. 2014.004 - 3 - 2/12/2014 9:17 AM BV/FJC
11. Development within the Rezoning Area shall conform to and comply with design standards
adopted by the Town Council that are applicable to future development along the Twin Peaks
corridor.
12. Before the Town issues grading permits for this project, the developer 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.
13. Before the Town issues grading permits for this project, the developer shall submit evidence to
the Town that a 100 percent area survey has been completed by a qualified wildlife biologist for
the Sonoran Desert Tortoise. Any Sonoran Desert Tortoises found on the site shall be relocated at
the developer’s expense.
14. The developer shall submit an annual report within 30 days of the anniversary of the Town
Council’s approval of The Preserve at Twin Peaks Specific Plan in accordance with the
requirements defined in the Land Development Code.
15. Upon adoption of the Rezoning Ordinance by the Mayor and Council approving The Preserve at
Twin Peaks Specific Plan, the applicant shall provide the Planning Department with the
following: One non-bound original; twelve bound copies; and, ten electronic copies on CD in
PDF format.
Section 4. 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 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions hereof.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Marana,
Arizona, this 18th day of February, 2014.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
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PCZ-12023
LINDA VISTA BLVD
HARTMAN LNTANGERINE RD
CAMINODEMANANACAMINO DEL NORTE
CAMINO DE OESTELAMBERT LN
CAMINO DE OESTETWIN PEAKS RDTWINPEAKSRDµA request to rezone approximately 100 acres of land from 'R-36'
Residential to 'F' Specific Plan for the purpose of establishing
The Preserve at Twin Peaks Specific Plan
PCZ-12023
Marana Town Limits
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I. CALL TO ORDER
Chairman Fogel called the August 28, 2013 Regular Meeting of the Planning
Commission to order at 6:30 p.m.
II./III. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE
Chairman Fogel led the Pledge of Allegiance followed by a moment of silence.
IV. ROLL CALL
Commission:
Norman Fogel Chairman Present
Marcia Jakab Vice Chair Present
Don Duncan Commissioner Present
Terry Fehrmann Commissioner Present
Steve Miklosi Commissioner Absent
Richard Miller Commissioner Present
Thomas Schnee Commissioner Present
Staff:
Frank Cassidy Town Attorney
Keith Brann Town Engineer
Fernando Prol Traffic Division Manager
Brian Varney Planner II
Cynthia Ross Planner II
Robert Clements Planner I
Jenna Reilly Planner I
Janine Spencer Environmental Projects Coordinator
Terri Byler Planning Secretary
V. CALL TO THE PUBLIC
Arnold Burruel addressed the Commission with concerns of systematic-taking of
agricultural water rights by the state.
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VI. APPROVAL OF AGENDA
Motion to approve agenda, Moved by Vice Chair Jakab, seconded by
Commissioner Schnee. Motion passed unanimously 6-0. Commissioner
Miller absent.
VII. ANNOUNCEMENTS
Keith Brann addressed Commission relating to the Planning Director vacancy,
stating that there was a recruitment and an initial interview of the candidates. The
Town Manager is still vetting the final suggested candidates from that process.
VIII. GENERAL ORDER OF BUSINESS
A. Consent Agenda
1. Approval of Minutes
Minutes of the July 31, 2013 Regular Meeting of the Planning
Commission.
Motion to approve, Moved by Commissioner Fehrmann, seconded by Vice
Chair Jakab. Motion passed unanimously 6-0. Commissioner Miklosi
absent.
B. Public Hearings
1.CUP-13026 Arizona Natural Remedies Offsite Cultivation Location.
Arizona Natural Remedies, Inc. requests approval of a Conditional Use
Permit to allow a 2.5 acre "Medical Marijuana Offsite Cultivation Location"
on a 84.8 acre parcel located at 14399 N Wentz Road. The site is
generally located south of Sagebrush Road and west of Wentz Road.
Bob Clements presented the project and noted the project is in compliance with
Arizona state regulations and the separation requirements in Title 8 of the Land
Development Code. Bob indicated that the project would provide both product
and research for a licensed medical marijuana dispensary located in Ajo Arizona.
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Chief Rozema stated that his concerns have not changed from what they were
since the last meeting - this site or any additional cultivation sites, present a
problem to manage, to police and to provide services to those areas. From a
public safety standpoint it sets a bad precedent. As a resident and a town
employee this is not the face that we want for the Town of Marana. From a
safety perspective, it presents an enforcement problem for us. We have, as a
community, opened up our doors to be compassionate toward those who are in
need of medical marijuana, by providing the dispensaries; which are able to grow
and distribute marijuana on their site.
Commissioner Duncan inquired about the status of the Land Development
Code amendment.
Frank Cassidy stated that the Land Development Code amendment is
scheduled to be heard by the council on September 3rd. If the code amendment
were to be approved in its current form, it would go into effect on October 4,
unless there was a referendum.
Chairman Fogel assuming the Land Development Code amendment is passed;
at what point would the applicant’s rights be considered vested?
Frank Cassidy specified that they not only need a conditional use permit, but
also the required building permits and have substantial reliance on those building
permits in order to vest their rights.
Gordon Hamilton applicant- stated that Ajo (dispensary location area), is largely
surrounded by public property, with very little private property. They chose
Marana because it is an agricultural community and is strategically located, so
they can interact with other dispensaries throughout the state. Mr. Hamilton
indicated that the medical marijuana industry is a 100 million dollar a year
industry in Arizona, growing to half a billion dollars within the next five years,
based on projections from other states. Mr. Hamilton and his group were
planning to make an initial investment of approximately one million dollars and
locally employ approximately 12 people. By requirement, they are a non-profit
corporation. They realize they are high-profile and it is in their best interest to be
as good a community citizen as they can. As a non-profit, they are mandated to
try to reach out to charities and community organizations.
Mr. Hamilton commented that they are a non-profit corporation managed by a
group of medical professionals which seek to operate their single-cultivation site
in Marana, in strict compliance with the extensive rules and regulations
administered by the Department of Health Services. The required security
measures they would have to have in place include outside cameras and
lighting, cameras in every indoor cultivation room, panic buttons at each facility
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and the natural-light cultivation would only be allowed in locked green houses or
behind 10-foot high metal or concrete walls. Access is controlled and limited to
dispensary agent cardholders only. Mr. Hamilton stated that his group is
interested in developing topical and orally ingested cannabis-made based
medicine that minimize the psychoactive cannabinoids and maximize the non-
psychoactive beneficial cannabinoids. The proposed facility would be located
within an 85-acre tree nursery/farm and will have virtually no impact on
surrounding neighbors.
Commissioner Fehrmann asked Mr. Hamilton to define “enclosure.”
Gordon Hamilton the rules state that an “enclosed area” has to have a 10-foot
wall constructed of metal, concrete or stone.
Commissioner Fehrmann asked if the 5000 square feet enclosure has an
open-roof.
Gordon Hamilton answered yes.
Commissioner Schnee wanted to know how the accountability of the marijuana
plants is maintained.
Gordon Hamilton first of all the area is enclosed with a one-inch metal locked
door with limited access. When a group of seeds is planted, it becomes a batch.
Once you have the batch, you have to give the count on the batch to the
Department of Health Services. You have to track it all the way through
processing, to the dispensary where the sales information is received by the
Department of Health Services. That information has to match the numbers you
gave the Department of Health Services at the beginning.
Commissioner Duncan wanted to know if all of the product from this location
would go to the Ajo dispensary
Gordon Hamilton answered no, stating the law allows dispensaries to sell to
other dispensaries. Each dispensary can have only one off-site cultivation
location but the dispensary can sell to other dispensaries.
Commissioner Duncan wanted more clarification regarding one off-site
cultivation location per dispensary.
Frank Cassidy the way the statute reads, each dispensary is permitted to have
one grow location, but the law is a little loose about transfer among dispensary
owners.
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Gordon Hamilton the law does contemplate dispensaries selling to
dispensaries. We are required to create a travel log that identifies the product by
batch number and amount. The information has to go into the seed-to-sale
tracking system.
Commissioner Duncan you couldn’t find any building in Ajo that would be
convenient?
Gordon Hamilton in Ajo there was no building that met Pima County
requirements.
Commissioner Duncan you want to build a building here. Couldn’t you build
one in Ajo?
Gordon Hamilton no, the property area was too small. Also, Ajo has border
patrol check-points on either side of it. All we can do is deliver medical marijuana
to our dispensary but if we were to be growing there, we would have to come
through a federal check point, and as everyone knows it is still illegal federally.
Vice Chair Jakab if you get approved, what kind of projections could you make
regarding what you could give back to the community and local charities?
Gordon Hamilton I should have listed that on my misconceptions list. It is a
popular belief that those of us that are in the medical marijuana industry are
going to be minting money. Out of 30 dispensary owners, all but two are out of
pocket right now. In terms of giving back, we are a non-profit, so once we pay
our salaries and our operating costs, we also want to use part of the funding for
research, but it is very important to us to develop a good relationship with the
community. Our projections don’t show us making a lot of money but we could
definitely be talking about tens of thousands of dollars that would be available to
give back to the community.
Chairman Fogel opens public portion of the hearing
Stephanie Ashcraft stated she was a former member of the Marana Police
Citizens Advisory committee, a member of three parent-teacher organizations in
Marana and a mother of five she was very concerned with the location, policing,
security and cost. Stephanie stated that Marana prides itself as being a
community geared towards families. She is worried about the connotation that
would go along with it.
Ryan Roher explained that he is a deputy sheriff with Pima County and lives in
Gladden Farms with his family. As a deputy sheriff, he has seen, first hand, the
effects of marijuana use; both medical and illegal. Ryan gave two examples of
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car accidents he investigated while working; both involved marijuana use from
the operators of the first vehicles and the operators of the second vehicles both
resulted in fatalities. Ryan urged commission to keep the off-site cultivation
location out of the community.
Vicky Puchi stated she lives in Tucson and is a medical marijuana dispensary
owner. She remarked that her dispensary, located on the south side, has been
broken into and she is grateful to the Tucson Police Department because the
caught the person the same day. She gives credit to the security cameras for
helping identify the individual responsible. Vicky is here because she needs
medicine for her patients. She noted that Arizona always intended for the
dispensary owners throughout the state to distribute their medical marijuana to
each other, so the patients in Arizona could have the medicine they need.
Commissioner Duncan addressed to Ms. Puchi- asked what provisions she has
made in Tucson to get an off-site location built.
Vicky Puchi commented that she has not been able to find a facility in Tucson.
Tucson is not an agricultural town and the zoning restrictions are almost identical
to Marana. She also hasn’t been able to find a place in Marana, so that is why
she hasn’t applied for a CUP herself.
Quintin Nesbitt stated that he supports the project and has no problem with it.
The state and town both allow grow locations. The project is going to have
adequate security measures. It will be for medical use only; no illegal use.
Linda Zupi commented that she is opposed to the project because of the
influence it would present to the children and the impact on the community. Linda
remarked that only people within 300 feet of the property are required to be
notified and there is a greater community that will have to bear the impact of it.
She questions whether it is in harmony with the town’s strategic plan, the values
of homes and properties of those vested in the community and what the town will
lose in terms of people and business not wanting to come to Marana because of
a cultivation location. She is concerned with the reputation of the town.
Tate Wily is opposed to the project. He feels that it doesn’t fit in the community,
as well as the land use for the area. He feels the law is loosely written and
believes the 10-foot security fence is inadequate and poses problems with
securing the property.
Tracey Gutierrez stated that she grew up here and the sense of a close
community is very important to her. Tracey is opposed to the project. She is
concerned about the town’s reputation and doesn’t want Marana to become a
joke.
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Clay Parsons is opposed to the project. He wants Marana to be remembered for
wheat, alfalfa, cotton and corn. Clay stated that kids come first. He stated that
there is good growth, smart growth, but this is bad growth. Clay feels that there
is a need for it, but they need to regulate it better.
Joe Parsons is opposed to the project. He never thought there was a possibility
that Marana would consider allowing a growing facility. Mr. Parsons saw Shari
Kelly, who showed him the plan. The growing facility reminded Mr. Parsons of a
laboratory set up to do research. Mr. Parsons felt that this is an agricultural area
which is meant for growing things. If it is research, then it should go in an
industrial or commercial area, not out in the middle of the farm fields where there
will be 10-foot high walls that look like a prison. He is not against it if people want
to use it legally, but this is the wrong place. The facility will be built right next to
Sanders Grove.
Marty Latta has been a resident in Marana for 18 years and is opposed to the
project. He doesn’t want it in the area.
Charlie Parsons is opposed to the project. He sees no reason to change the
atmosphere that has been in Marana for years. He has 16 grandchildren in the
area and is opposed to them putting up with it. As far as security goes, the
saying goes, “If you build a higher fence, you get a taller ladder.”
Commissioner Duncan wanted to know if Mr. Clements, being a planner, was
in contact with planners from Tucson, Ajo, Phoenix and other areas? He also
wanted to know why Marana is suddenly getting requests from their areas.
Bob Clements replied that there is agricultural land available in Marana. He has
been in contact with Vicky Puchi over that past year, working with her to find a
grow location. He stated that it is not easy to find sites because of the
regulations. Bob said that he does keep in touch with planners from other
neighboring communities, who deal with this same topic.
Commissioner Miller felt that the security measures are a lot weaker for the
cultivation locations, as opposed to the dispensaries. All of the verbiage referring
to the security measures references dispensaries. We are not talking about
dispensaries here, we are talking about cultivation. A 10-foot wall is basically the
only protection the state is requiring on an open-air cultivation site.
Bob Clements responded that there are other electronic security measures;
monitoring equipment, alarms.
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Commissioner Miller stated there are no security measures for protecting the
open-air area. The security measures for the cultivation site are a lot weaker
than they are for the dispensaries.
Vice Chair Jakab asked if this where to be approved, they would be held to this
square footage and not be able to expand?
Bob Clements said yes, in order for them to expand they would have to get an
alteration and then to come back to get an additional CUP.
Chairman Fogel closes public portion of the hearing
Motion to deny, Moved by Commissioner Duncan, seconded by
Commissioner Miller. Motion passed: Vote 5-1. Vice Chair Jakab voting no.
Commissioner Miklosi absent.
2.PCZ-12023 Twin Peaks 145 Specific Plan
A request by The WLB Group, Inc. representing ABIGER Manana, LLC,
Manana Property, LLC, and ABIG Manana, LLC to rezone approximately
145 acres of land from R-36 (Residential) to F (Specific Plan) for the
purpose of creating the Twin Peaks 145 Specific Plan, a master-planned
residential development. The rezoning request will be accompanied by a
minor General Plan amendment from Low-Density Residential (LDR) to
MPA (Master Plan Area) to accommodate the Specific Plan zoning. The
property is generally located east of Camino de Manana and
approximately 1/4 mile north of Lambert Lane.
Brian Varney stated that the request is to rezone 145 acres from R-36
(Residential) to F (Specific Plan.) The specific plan zoning will greater flexibility and
functionality within the project that is not afforded under the current zoning. The
Marana General Plan designates as Low-Density Residential (density range of .5
to 2 residences per acre) and the applicant is proposing density of 1.9 residences
per acre. The General Plan encourages the cluster development in areas that are
impacted by environmental factors. The applicant has done a good job at planning
the development around the natural drainage channels that run through the
property.
Brian specified there are three cohesive land uses proposed in the specific plan;
medium-density residential, natural open space and active open-space. The plan
proposes a total of 277 lots in a cluster design that preserves the natural open
space of the area, preserves the existing drainage ways and maintains the riparian
areas, as well as the wildlife corridors.The plan proposes approximately 42%
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disturbance of the site and preserving approximately 58% as active, passive and
undisturbed open-space. The lots along the south and east property boundaries
will be set back approximately 100 feet to provide a natural open space buffer for
the property owners that live adjacent to the property boundaries. The maximum
proposed building height is 30 feet. The minimum lot size would range from 6000
square feet to 7000 square feet. In addition, the specific plan proposes an
approximately three–acre active recreational area and it will also provide a trail
easement; extending the Tortolita Road Trail.
There will be two access points, both on Camino de Manana. A Traffic Impact
Analysis (TIA) has been submitted and reviewed by the traffic engineering division.
Approval has not been given to the TIA at this point. We are still in the review
process but feel confident that it will meet all of the town’s requirements. Traffic
engineering has conditionally approved the specific plan with the understanding
that transportation improvements will be made, including the construction of a
deceleration lane on northbound Camino de Manana, as well as a traffic signal at
the intersection of Twin Peaks and Camino de Manana. The specific plan area will
be served by Marana water. The applicants have held three neighborhood
meetings. They have met with the residents of the neighborhood on three separate
occasions and have heard feedback from the neighborhood. We have really
worked hard to address all of the issues. We have come down in the lot count. The
initial proposal reflected 384 lots and the town has worked with the developer to
bring it down to 277; a reduction of 107 lots.
The town has met with the neighboring property owners as well to talk about this,
and other projects along the corridor. There were a lot of concerns expressed at
that meeting. We feel that most of those have been addressed by the plan.
Note: staff received letters of both support and opposition.
Chairman Fogel (with regard to the R-36 zoning) Chairman Fogel felt it was a little
misleading because the project involves land that is not buildable; gullies,
drainage, swells, and using the rest to put 50 and 60-foot wide lots.
Commissioner Duncan had a concern with the potential traffic volume on Camino
de Manana after the homes are built.
Fernando Prol responded right now Camino de Manana is handling approximately
2000 vehicles per day and this project will generate approximately 2500 more
vehicles. The largest percentage of those vehicles will be traveling towards Twin
Peaks and there will be a traffic signal at that location (Twin Peaks and Camino de
Manana) at the expense of the developer.
Commissioner Duncan had a concern with the traffic flow at the intersection.
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Fernando Prol currently Twin Peaks is handling approximately 12,000 vehicles
per day in that area. With a four-lane road, such as Twin Peaks, you can
accommodate up to 33,000 vehicles per day. That is why Twin Peaks was built as
a four-lane roadway; it has plenty of capacity to easily handle this development
safely and efficiently.
Commissioner Schnee wanted to know if “clustering” is allowed on low-density.
Brian Varney the R-36 zoning allows one residence per 36,000 square feet, so
“clustering” is not allowed. The density requirements of the General Plan are based
on a growth density; total number of lots divided by the total acreage. The 1.9
residences per acre, is based on the total 145. The reason for doing that is not
only to preserve the open space and the natural drainage channels, but also to
keep the houses central so that is adds to the visual appeal. The fact that the
developer is making this effort to preserve as much open space in this
development as they possibly can, it’s
going to make this a nice looking project. Brian used Sky Ranch as an example.
Commissioner Schnee wanted to know if there was a limit to two-story homes
that were going in.
Brian Varney responded most residential builders do have two-story homes in
their portfolio because a lot of home buyers want two-story homes. It is within the
planning commission’s scope to work with the builder, restrict the number of two-
story homes or restrict the locations of the two-story homes. If the commission
feels that the project is otherwise a good project, but doesn’t feel comfortable with
the two-story element, I am sure the developer will be willing to work with the
commission to agree to some sort of balance between one and two-story homes.
Commissioner Duncan wanted to know if the two-story homes could be located
in the center of the development.
Frank Cassidy from a legal perspective, the commission does have the authority
to recommend conditions of that type. You can recommend that any two-story
building to be located in the center of the project.
Commissioner Miller wanted to know if there are any concessions that have been
made with the homeowners in the area, besides reducing the number of homes.
Brian Varney there have been other compromises made. There were some
concerns about the proximity of the homes to the property lines. The developer has
brought the homes in to provide a 100-foot natural open- space buffer. There were
concerns about access onto Blue Bonnet Rd. Working with the developer, we have
two access points on Camino de Manana and kept the access on Blue Bonnet
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open to emergency services only. There have been a lot of concern about the
environmental constraints and wildlife concerns on this project. By reducing the
number of lots and condensing those out of the riparian areas and away from the
natural drainage ways, the developer has addressed those concerns.
Commissioner Schnee asked if it was safe to say that the builder was going to
leave the vegetation on the east side of the property undisturbed.
Brian Varney responded that it was his understanding that it will be maintained as
natural undisturbed open space.
Vice Chair Jakab asked if the project was going to be gated. Is so, would the
riparian areas be within the gates? She also wanted to know if there would be
fencing around the perimeter of the project.
Brian Varney if the project is gated, it would be gated at the entrance to Camino
de Manana, so everything that is contained within the project would be protected in
that area. Regarding the perimeter of the project, Brian didn’t know if the intent
was to put up a fence, a wall or to leave it natural and open. Typically when a
residential development is constructed you will see property walls along the back of
the property. It is his understanding that the applicant’s intent is to leave it open,
but portions of Sky Ranch are fenced off to keep people from wandering onto the
open space area. Brian deferred the question to the applicant.
Paul Oland –WLB Group- stated the Twin Peaks corridor has attracted a lot of
attention from the development community. Northwest Tucson, Oro Valley, Marana
and the Pima County land between it is where everyone wants to build. The town
has made a significant investment regarding Twin Peaks Rd. There is a lot of
capacity on that road; there are a number of properties along that road that are
earmarked for development. The General Plan states up to 2 homes per acre for a
reason, there is some density anticipated out here. If you look at the map there are
few precious large parcels here. This is the largest least constrained parcel along
Twin Peaks. It is the best opportunity to get any appropriate level of density along
this corridor and put some of those dollars, which were put into Twin Peaks, to use.
The second map shows property that is vacant vs. property that has a home on it.
There are seven adjacent homes on a 145-acre perimeter. The rest of the property
is undeveloped. This is the first plan that we submitted and we tried to look at the
opportunities and constraints of this property. In this case we have the mapped
riparian areas. We have some significant flood plain up towards the north and also
on the southeast corner. We also have some minor drainage running through it.
Our first try at this, showed a cluster development, which is something encouraged
by the town, avoiding those constraints. We also recognized that are adjacent
homeowners, so we showed a row of larger lots along the two perimeters.
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As Brian mentioned, we have had a number of meetings with adjacent home
owners and residents from further away. The concerns we have heard relate to
building height, proximity to existing homes and not wanting this product in this
area, which counters the General Plan designation for the area coupled with the
town’s preference for cluster development to preserve the riparian areas.
In our second try, we opened it up a little bit, dropped the number of houses to
approximately 310, maintained the edge condition and limited the access to Blue
Bonnet; pushing the plan towards Camino de Manana and away from Blue Bonnet.
There was a lot of discussion with the neighborhood and with town staff. We are
incompliance with the General Plan; less than two homes per acre. We are
preserving the mapped riparian areas, with one exception of the single access
point. We are maintaining wildlife corridors, preserving almost 60% of the site as
open space. There are significant costs associated with this project; improvements
to Camino de Manana, adding a traffic signal and extending the sewer line from
the south, a gas line from over one half mile away.We have the 100-foot buffer
along the edges. Regarding the one –story vs. two-story, we previously committed
to the neighborhood to self-limit a number of the edge lots to single-story,
particularly where there is an adjacent home in place. We are preserving the
aesthetic of Blue Bonnet Rd. We are not going to put any cars onto the road, only
the occasional emergence service vehicle, if somehow both of the other entrances
are not available. It consolidates access onto Camino de Manana, which is a
collector road, and then the traffic goes on to Twin Peaks. Because we have the
opportunity to take such a large piece of property, which is among the least
constrained along the Twin Peaks corridor, with careful master planning, a lot of
dialog with the stakeholders, we have come up with a plan that is sensitive from an
environmental standpoint, sensitive from an edge condition with existing neighbors.
We have made a lot of concessions and come to a place where we are within the
General Plan land use. We are well over 50% green and Meritage is on board,
they are looking forward to develop another great project in Marana. Paul added
that market preference for single-story homes, most people want single-story
homes. You will see a trend in that direction.
Vice Chair Jakab wanted to verify that some of the lots will be 50-foot lots.
Paul Oland stated they have a mix in the project, some 50-foot lots and some 60-
foot lots. Some of the ones in Sky Ranch are as small as 4500 to 5500 square
feet, which is a bit smaller than our smallest lot here.
Vice Chair Jakab wanted to know what the smallest home be, square-footage
wise.
Paul Oland approximately 1800 square feet.
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Commissioner Duncan asked if they would generally be placing one or two-story
homes on the perimeter.
Paul Oland because there is more ground space with the larger lots, those would
allow a larger single-story home easier than the small lots would. Market
preference is for the single-story. There will be a mix of both but along the eastern
and southern edge we have committed to the neighbors to limit it to single-story
where it is close to an existing home.
Commissioner Duncan wanted to know if he could make a recommendation to
limit the two-story homes to the inner section of the project. If so, he would like to
start the process.
Frank Cassidy answered yes you could make the recommendation to limit the
two-story homes only to the lots with the red dots or any other place.
Commissioner Duncan started to make a motion. Chairman Fogel stepped in
and asked if he could wait while they finish the public hearing.
Vice Chair Jakab is there an even split of one and two-story homes?
Paul Oland stated there is an even split. He felt limiting all of the blue dots to
single-story would be a huge burden. Limiting the two-story homes along the
edges would be appropriate but limiting them on the interior of the project would
not be beneficial to limit the blue ones.
Vice Chair Jakab asked what the largest size home that would go in.
Jeff Grobstein stated that the largest home would be approximately the mid
3000’s.
Commissioner Schnee wanted clarification about an area on a map where the
two-stories were going to be limited.
Paul Oland said their intent was to be sensitive to people who have made an
investment in a house.
Chairman Fogel opened the public portion of the hearing
Marcy Kline stated she has lived in the area for 14 years. The area is and always
has been suburban ranch. She has watched builders exceed the boundaries that
have been given to them. A subdivision close to her, that should have been
suburban ranch, went in as high-density. It has hurt their community and roads.
Marcy stated that she is part of Marana even though she lives in Pima County. She
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shops at the stores in Marana, eats at the restaurants in Marana, she pays taxes
for the Marana school district and her children attend the schools in Marana. She
feels she is being blindsided by growth and she opposes the growth. When Oasis
Hills was put on Oasis Rd, Marana allowed a high-density community in a
suburban ranch area. The road on Oasis is trashed because of the new community
and the large vehicles using it when the Twin Peaks Interchange was being built.
She is concerned with putting high-density on a rural road. She is opposed to this
project. This is the tip of the iceberg, it is just the beginning. She knows that the
property on the northeast corner of Oasis and Twin Peaks will possibly be annexed
and high-density housing will go in. That property will have access to Oasis Road,
which means she will have more traffic on her little road and she is opposed to it.
Les Corey stated he and his wife have lived in the area for 18 years. The reason
he chose in the Tortolita Fan is because it is some of the best Sonoran Desert
habitat that exists in Arizona. He is concerned with the requirement of only 58%
open space set aside on this project, feeling it is going to have a significant impact
on the Sonoran Desert habitat in the area. A project of this density that brings this
many people and vehicles into the neighborhood will have an impact on the area.
He would like the requirement changed to 70% open space.
Thomas Hanely is a property owner in the area and would like the area to stay R-
36 zoning. He and his wife agree with a lot of the observations that the town has
made, as far as the density areas. He commented that the developers are
following their plans, the design is good and it is meeting the requirements but if
we look at the original intent of the area, R-36, that growth plan is not being
followed. If we stick with R-36, we could see the wildlife stay as it should be. He
had a concern with the high-density traffic that will be caused by 2000 vehicles per
day from the proposed project. Thomas stated that the area doesn’t have its own
water supply, gas or sewer, so we will have to bring water in. Where would the
water tanks go? He had a concern with the sewer line going toward Blue Bonnet
and Oasis Rd; construction in their area because of development in someone
else’s area.
Deborah Syres moved to the area four years ago, right before the Twin Peaks
expansion started. Although the road has its conveniences, it made a huge impact
on their chosen lifestyle of open space and quiet desert living. The possibility of
rezoning the area from the one acre minimum requirements to high-density
housing will be devastating to the residents. They have sacrificed a lot to leave the
cozy neighborhood of Canada Hills in Oro Valley to live in the country in their
dream home on their one acre lot. She loves her home and neighborhood the way
it is. They would not be able to tolerate the increased noise, crime and traffic that
would come with such a high-density development. Deborah would hate to have to
move because of this project. The property value will also be diminished. She is
opposed to the project.
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Rick Syres lives in the area and is opposed to the rezoning. He stated that most of
the properties just north of the northern boundary of this development are three
acre parcels. His street has one acre parcels. He isn’t sure where we get the 5000
to 7000 square foot zoning that Meritage Homes is proposing. This area is one of
the most beautiful areas around.
Diane Lee stated she is opposed to the rezoning for the same reason she moved
from Oro Valley into her dream home, was to get away from rooftops in the horizon
and traffic noise. She has noticed a significant increase in traffic along Camino de
Manana, which is not far from her property. The traffic on Camino de Manana is
what concerns her most because the speed limit is often abused. She knows it is
monitored by the police because she calls and complains about it.Diane feels that
the traffic will increase because this won’t be the only community to be built. She is
opposed to the rezoning because it will ruin the quality of life they have invested.
Susan Parrish was born in Tucson and currently lives in the area. She has horses
where she currently lives and feels she can’t ride as often as she would like due to
the traffic. She wanted to know who decides the appropriate level of density. The
people who are already living in this area expect one level of density. How you can
go from one acre to 6000 square foot lots is hard to imagine. The high-density
hurts their lifestyle and property values. She is opposed to the rezoning.
Ron Isacson stated that their community is well-established. They live in harmony
with all of the wildlife and vegetation. It is already changing with Oasis Hills down
the road. Oasis Rd. is becoming a problem with noise and traffic not following the
35 mph limit. He lives on 3.3 acres with horses. The noise bothers the horses and
makes it dangerous to ride them. The proposed rezoning will damage the
community in many ways; economically and lifestyles. He is not against
development but it is not acceptable to go from 3.3 acres to 6000 square foot lots.
The Twin Peaks corridor is beautiful so the decisions we make now are going to
make a difference in the long run. He is opposed to the rezoning.
John Holley lives in the area and is opposed to the rezoning. The plan itself is a
good plan but it doesn’t fit in the area nor does it preserve the existing area.He
met with town staff on Monday and Marana’s vision; centerpiece of the Sonoran
Desert experience is not represented by this plan. He is concerned with the
precedence that the development will create. He feels Oasis Hills is a huge
mistake. It doesn’t fit in the area. There are traffic issues on Oasis. The town has
114 million dollars in the Twin Peaks road and feels the building fees for the higher
density will offset the 114 million.
John stated that he was previous involved with Gladden Farms, Vanderbilt Farms,
Rancho Marana. There are a lot of undeveloped lots in the area that are already
entitled and platted. Use those utilities and infrastructure that is there.
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William Burger stated that this was the first time he heard about this project. He
lives in the area. He wanted to know who is responsible for maintaining Camino de
Manana, Pima County or Town of Marana.
Keith Brann Camino de Manana actually bounces in and out of Town of Marana
and Pima County jurisdictions; however, we both maintain it collectively. You can
generally tell the difference.
William Burger wanted to know if Camino de Manana is going to be developed to
handle the traffic. Is there going to be a traffic study? Would it be a one directional
traffic study to Twin Peaks or all the way through Camino de Manana to
Tangerine/Thornydale?
Fernando Prol stated that the traffic study took into account what traffic would be
generated onto Camino de Manana going towards Oro Valley, in both directions.
Camino de Manana can handle 15,000 vehicles a day. Currently the number is at
2000. (Road capacity)
William Burger is Pima County/Town of Marana have any plans on improving the
road to make it suitable for all of the traffic or is just something that you are looking
at just from your own part where it touches Twin Peaks and Tangerine?
Fernando Prol stated that the roadway as it stands right now has the capacity to
handle the traffic.
William Burger correct, but it isn’t up to par.
Keith Brann to be clear, when we speak about capacity, we are talking about the
number of vehicles it can handle from traffic-flowing standpoint. We are not
speaking about the structural condition of the road. From a traffic capacity
roadway-flow standpoint, a two-lane roadway can handle the number that Mr. Prol
stated.
William Burger stated that maintenance-wise is what he was referring to.
Keith Brann stated from a maintenance standpoint you already alluded to a
previous roadway maintenance project done by Pima County. The town also
maintains that road on a regular basis. There are no capital improvement projects
in the future to expand Camino de Manana to a four-lane roadway. It would be on
a roadway maintenance schedule.
William Burger noted that his main gripe is the amount of traffic that he is
currently getting from Twin Peaks, all the way though Camino de Manana,
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shortcutting to get to Fry’s…etc. His other question was relating to screening
walls? William stated that he is opposed to the project.
Paul Oland stated that there will be screen walls along the back of the individual
home sites. There will be some monumentation at the entries but he didn’t envision
any sort of wall along the entire perimeter. That would cause a lot of problems for a
number of reasons.
Stephen Dorrough stated that he and his family are invested long-term in their
property and feels that a rezoning would disrupt the continuity of the neighborhood.
He is concerned about the two-story homes blocking their view. He feels that the
trail proposal will put pedestrian traffic, from the development, onto their private
road. He is concerned with the impact to the local wells. He understands that
Marana is assuming the water rights to the property and doesn’t understand the
impact it will have. Wells are expensive and he maintains his own well. Stephen
suggested, if the project is approved, that the outside boundary should be a
barbed-wire fence to keep out potential pedestrian traffic and ATV vehicles.
Chairman Fogel wanted clarification on whether the incoming water mains would
affect the wells they have on their own property.
Keith Brann stated the residents would not be affected. As part of the Camino de
Manana/Twin Peaks project, there was a waterline that was constructed up to Blue
Bonnet Rd. This project would extend the water main up into the site. The actual
Town of Marana wells that would serve this site are at Linda Vista; in the Twin
Peaks Interchange and a well site across the road that is interconnected through
the interchange project, at the Pioneer property. The resident would be drawing
from a very distant location far way.
Sherry Potter stated that she lives in a million dollar home that is next to Oasis
Hills and the backyard fences look directly into her backyard and all of the two-
story homes have eliminated her view. She lives on a 3.3 acre lot and right next to
her is a sea of rooftops. Sherry attended a meeting on Monday where they
discussed traffic. She said that the traffic manager stated they haven’t talked with
Pima County about the eastside of Oasis. She is concerned with the additional
traffic on Oasis Rd., stating that it can’t handle the current traffic flow. Sherry
stated that she is concerned with an annexation and added developments on Twin
Peaks. She is opposed to the project.
Jeff Grobstein -Meritage Homes- stated that the Town of Marana and current
staff have been great to work with and have done a good job in working with the
residents. He stated that he attended two of the neighborhood meetings and made
a lot of reasonable compromises. Paul Oland had done a good job at bringing the
densities down. He wanted to mention the 70% open space, mentioning that this is
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not an adopted plan. Most other communities within the state don’t even come
close to 50% open space. We are well above the open space. We have
considered the biology, the wildlife, the riparian areas and it is important to
remember that Jeff personally made commitments to some of the neighbors that
were truly impacted by this development about limiting two-story homes. This isn’t
a situation that we have turned a blind eye to. Jeff stated that he is a responsible
builder and believes in sustainability. This will be a high-end community, not
cookie-cutter homes and there will be an economic impact to the Town of Marana
on the permits. He appreciated what John Holley said, but it is probably in excess
of four to five million dollars of true benefit to the Town of Marana.
Dennis Dahler stated that the increased density is at odds with the pre-existing
nearby properties and Marana’s desire to have a higher infill along Camino de
Manana, this proposed increase is quite substantial and doesn’t fit into the overall
character of the area. This is a pristine ironwood forest and you have one chance
to get it right. Dennis is not impressed with Sky Ranch and feels it is just another
gated gulag of garish grotesquery. He is opposed to the project.
Chairman Fogel closes the public portion of the hearing.
Commissioner Schnee had a question regarding the 40-70% open range. Is the
40-70% the proper range we are looking at for open space?
Frank Cassidy the draft HCP does show 30% disturbance; 70% set aside, but it
was never adopted by the council. It leaves the question open as to what kind a
policy direction there is from the council on this. There haven’t been any adopted
percentages from the council but certainly the more open space, the better the
wildlife linkages. The question becomes what is the right number.
Commissioner Schnee where did the 70% come from that the gentleman
mentioned?
Frank Cassidy the draft HCP.
Janine Spencer the reason the draft HCP was not adopted because the pigmy
owl wasn’t listed and that was one of the main reasons for adopting it at that time.
There is an ordinance on this property that limits disturbance to 30%, but it only
covered a portion of it, so the planners worked with the developer to try to reduce
the amount of development they had to a more manageable level. Town
management has decided that they prefer to look at these developments on a
case-by-case basis but they are still looking at trying to protect the riparian areas
and wildlife linkages. The range of 40-70% development is in zone three of the
HCP draft. The 40% open space applies if the developer does some other kind of
mitigation.
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Commissioner Duncan wanted to know if commission denied the proposal, what
would be the options of the developer.
Chairman Fogel it goes to the council as is, with our recommendation to deny, but
it’s appealed.
Frank Cassidy stated that the commissions’ action is a recommendation. It goes
to council as is, with the recommendation attached to it.
Chairman Fogel so if it is denied, it’s not appealed?
Frank Cassidy it is not an appeal. It is not called an appeal. A CUP would be an
appeal. You take final action on a CUP unless there is an appeal, but the council
acts on a rezoning and all the commission does is make a recommendation.
Commissioner Duncan made a motion to deny the request for a rezoning.
No one seconded the motion. Motion dies.
Vice Chair Jakab made a motion to limit the project to one-story homes.
Commissioner Duncan seconded the motion.
Chairman Fogel asked if there was any discussion, or does anyone care to make
a motion regarding changing the open space from 58% to 70%? It would cut down
the number of units.
Vice Chair Jakab with 70% you would have that much more in Saguaros and
Ironwood trees? When what it rezoned to this?
Chairman Fogel R-36 and before that it was R-3.3, correct? What is the history of
the parcel?
Brian Varney the parcel was rezoned roughly 10 years ago. Janine stated that
one of the portions of the property have been rezoned more recently. The rezoning
has been in place for roughly 10 years and it was rezoned to R-36. I am not exactly
sure what the zoning was prior to that but I would assume that they went from a
lower density to a higher density.
Chairman Fogel but there are some lots that are 3.3.
Frank Cassidy there was a downzoning on part of the property from specific plan
to 36,000, which happened in 2002. The northern portion of the property was part
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of a specific plan, but it was downzoned to 36,000. The southern portion was not
part of that, I don’t believe.
Brian Varney wanted to make a comment regarding the motion. Perhaps the
builder might be interested in entertaining a certain percentage of single-story vs.
two-story homes or restricting the location of two-story homes. The builder will
probably be interested in having a conversation with the commission or the
adjacent property owners to come up with a one-story/two-story plan for the
development. The commission may want to consider limiting it to a certain
percentage of two-story homes or limiting two-story homes to a particular area.
Chairman Fogel we now have a motion among the commissioner that has been
moved and seconded; we haven’t voted on it yet, to limit the two-stories to zero
percent.
Commissioner Miller can we close that?
Chairman Fogel you want to vote on it? Let’s do it.
Commissioner Schnee I am not in agreement with going 100% single-story. I still
think there is a way to maintain the overall appearance of this by limiting the
number of two-stories. They have done this in Continental Reserve with the Oracle
subdivision. I don’t know that a 100% is the way to go. I think that the builder can
get some two-stories scattered through the middle section. It won’t break up the
view of the skyline as much as if we don’t limit those.
Chairman Fogel that is one opinion. Can we vote? All those in favor of zero
percent say, “Aye.”
Vice Chair Jakab “Aye.”
Vice Chair Jakab was the only one to say, “Aye.”
Chairman Fogel you lose.
Commissioner Miller it seems like we are in this quandary of acting a mediators
with the group and the builder. I think there has been some good faith from the
builder in moving some direction. I am not saying the same as the neighbors and
surrounding community. It just doesn’t seem like they have quite got to that
agreement, because I don’t think it is necessarily fair to say that nothing can be put
there, as well.
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Chairman Fogel I think you are misreading it; I think it is vocal property owners
surrounding this property that are not happy with anything other than R-36. What is
your pleasure commissioners? Can I have a motion?
Commissioner Fehrmann made a motion to approve PCZ-12023 Twin Peaks
145 Specific Plan.
Commissioner Miller seconded the motion.
Chairman Fogel is there any further discussion? Would anyone like to offer an
amendment? I would. I would like to amend this to increase the open space to
70%, which would thereby reduce the number of units, which would thereby reduce
the density. I would like to make that as an amendment.
Commissioner Duncan seconded the amendment.
Chairman Fogel all those in favor of the amendment signify by saying, “Aye.”
Motion carries. Vote: 6-0.
The original motion is now amended to approve with a 70% open space.
Motion to add amendment to increase the open space to 70%, Moved by
Chairman Fogel, seconded by Commissioner Duncan. Motion passed
unanimously.
Motion to approve, with added amendment to increase the open space from
58% to 70 % Moved by Commissioner Fehrmann, seconded by
Commissioner Miller. Motion passed unanimously 6-0. Commissioner
Miklosi absent.
3.SPA-13013 Casa Sevilla Specific Plan Amendment
The amended Specific Plan is proposing a maximum of 64 detached
single family residential lots with a minimum lot size of 6,000 square feet,
a maximum of 70% lot coverage, and a building height restriction of 30
feet.
Jenna Reilly stated the original plan was adopted by council in 2005. During that
time the pigmy owl was listed as an endangered species and measures to
preserve the habitat were in place. The original specific plan consisted of 34
detached/attached single-family residential lots. The minimum lot size was 5,200
square feet with 23-foot height restriction. Since the approval of the original
specific plan, the pigmy owl has been delisted, which opened up more areas for
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development. The amendment for the specific plan propose a 64 detached
single-family lots but currently there is a preliminary plat under review for 48
single-family lots. The minimum lot size is 6000 square feet with a height
restriction of 30 feet. 43% of the site will remain open space.
Keith Brann for clarification, he stated that the HCP for that area allows 100%
disturbance, except for wildlife corridors that are identified to be preserved. The
HPC allow that within a one mile strip of Tangerine Road. The Environmental
Division did work with the applicant to work on preserving the western part of the
project. The project is fully compliant with the draft HCP.
Linda Morales-Planning Center- there is a wash on the southeast corner of the
site which is a priority for the Tangerine Corridor, so it has been slated to be
preserved. There are also a few washes on the west side and she would like to
avoid a disturbance of those. The homes would be a mix of single and two-story.
Justin Smith This will be a predominately single-story community, if not entirely
single-story.
Chairman Fogel asked what the price range for the homes would be.
Justin Smith Approximately from the high 200’s to the low 400’s.
Chairman Fogel asked Justin why he needed the extra 16 lots.
Justin Smith when we wrote our first submittal for the specific plan, it showed a
64 lot subdivision. Since then we have opted to go with a larger lot and that is
reflective of the 48 lots.
Motion to approve, which included adding an amendment to reduce the
number of lots to 48, maximum, Moved by Vice Chair Jakab, seconded by
Commissioner Miller. Motion passed unanimously 6-0. Commissioner
Miklosi absent.
C. Commission Action
None
D. Informational Items/Possible Action Items
None
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E. Planning Activity Reports
1.Monthly Project Report August 2013
2.Subdivision Lot Report August 2013
IX. FUTURE AGENDA ITEMS
None
X. ADJOURNMENT
Motion to adjourn at 9:49 p.m. by Chairman Fogel, seconded by
Commissioner Miller, Motion passed 6-0.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Mar ana
Planning Commission meeting held on August 28, 2013. I further certify that a
quorum was present.
Terri Byler, Planning Commission Secretary
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THE PRESERVE AT
TWIN PEAKS
SPECIFIC PLAN
(PCZ-12023)
2014.01.15
Property Owners
Fidelity National Title Trust
60175 (ABIG Marana LLC)
&
ABIGER Manana LLC
7521 N Calle Cordobesa
Tucson, AZ 85704
Contact
The WLB Group, Inc.
Attn: Paul Oland
4444 East Broadway Boulevard
Tucson, Arizona 85711
520.881.7480
WLB No. 112026-A-002
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The Preserve at Twin Peaks Specific Plan
WLB No. 112026‐A‐002 i
Table of Contents
I. Introduction
A. Project Overview.......................................................................................................................1
B. Primary Objectives....................................................................................................................1
C. Landscape Concept...................................................................................................................2
II. Inventory and Analysis
A. Existing Land Uses.....................................................................................................................3
B. Topography and Slope.............................................................................................................12
C. Hydrology................................................................................................................................14
D. Vegetation...............................................................................................................................17
E. Wildlife ....................................................................................................................................19
F. Soils and Geology ....................................................................................................................29
G. Viewsheds................................................................................................................................29
H. Traffic.......................................................................................................................................36
I. Recreation and Trails...............................................................................................................37
J. Cultural, Archaeological, and Historic Resources....................................................................39
K. Existing Infrastructure and Public Facilities.............................................................................41
III. Land Use Plan
A. Purpose & Intent.....................................................................................................................46
B. Relationship to Town of Marana Adopted Plans....................................................................46
C. Compatibility to Adjoining Development ...............................................................................46
D. Land Use Proposal...................................................................................................................47
E. Grading Concept .....................................................................................................................49
F. Post‐Development Hydrology.................................................................................................49
G. Vegetation & Landscaping......................................................................................................49
H. Wildlife....................................................................................................................................51
I. Viewsheds...............................................................................................................................51
J. Circulation Concept.................................................................................................................51
K. Public Utilities .........................................................................................................................52
L. Public Service Impacts.............................................................................................................54
M. Recreation and Trails ..............................................................................................................56
N. Cultural, Archaeological, and Historic Resources ...................................................................56
IV. Development and Design Standards
A. Purpose & Intent.....................................................................................................................58
B. Single‐Family Residential Design Standards ...........................................................................58
C. Medium Density Residential ..................................................................................................58
D. Active Open Space ..................................................................................................................59
E. Natural Open Space................................................................................................................60
F. Twin Peaks Corridor Design Standards...................................................................................60
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The Preserve at Twin Peaks Specific Plan
WLB No. 112026‐A‐002 ii
V. Implementation and Administration
A. Purpose....................................................................................................................................61
B. Proposed Changes to Zoning Ordinance.................................................................................61
C. Development Review Procedure.............................................................................................61
D. General Implementation Responsibilities...............................................................................61
E. Phasing ....................................................................................................................................62
F. Specific Plan Administration ...................................................................................................62
Bibliography ................................................................................................................................................64
EXHIBITS
A. Site Location Map ............................................................................................................................6
B. Aerial Photograph............................................................................................................................7
C. Existing General Plan Land Uses......................................................................................................8
D. Existing Zoning.................................................................................................................................9
E. Existing Land Uses ..........................................................................................................................1 0
F. Existing Nearby Developments......................................................................................................11
G. Topography....................................................................................................................................13
H. On‐site Hydrology..........................................................................................................................15
I. FEMA Floodplain............................................................................................................................16
J. Significant Vegetation....................................................................................................................1 8
K. AZGFD Letter..................................................................................................................................20
L. Soils Map........................................................................................................................................30
M. Viewsheds......................................................................................................................................31
N. Trails...............................................................................................................................................38
O. PAST Report Cover.........................................................................................................................4 0
P. Existing Utility Infrastructure.........................................................................................................42
Q. Sewer Capacity Response Letter....................................................................................................43
R. Site Resource Inventory .................................................................................................................44
S. McHarg Composite Map................................................................................................................45
T. Land Use Concept (TDP).................................................................................................................48
U. Conceptual Landcape Plan.............................................................................................................50
V. Proposed Blue Bonnet Road Sewer Alignment..............................................................................53
W. MUSD Letter...................................................................................................................................55
X. Circulation Concept Plan................................................................................................................57
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I. Introduction
The Preserve at Twin Peaks Specific Plan
WLB No. 112026‐A‐002 1
I. Introduction
A. Project Overview
The Preserve at Twin Peaks is a residential development consisting of 100 acres located at the
south end of Camino de Mañana, as it intersects Twin Peaks Road. This project contains a range
of single‐family detached home lot sizes to respond to market demand for housing in the
northwest Tucson metropolitan area. The Marana General Plan has a vision for 0.5 to 2.0
residences per acre along the Twin Peaks corridor, including the subject property, partly in view
of the fact that a major four‐lane divided roadway (Twin Peaks Road) recently has been
completed. This development not only fulfills the Town of Marana’s vision for future
development, but also leaves approximately 52% of the site as open space. The Preserve at
Twin Peaks development is an optimal design both for people and for native Sonoran Desert
biological resources. By leaving large swaths of undisturbed natural open space within the site,
the native animal populations will be able to traverse the neighborhood and continue their
foraging and migration patterns. This is a comprehensive specific plan to guide development
that maintains a healthy living environment for both the residents and native wildlife.
The Town’s draft Habitat Conservation Plan calls for between 40% and 70% open space in Zone
3 areas such as this one, with 70% being the default minimum except in cases where a lower
percentage of open space is achievable without substantial environmental impact. The entire
Twin Peaks Road corridor is planned to be developed, although much of it is heavily constrained
by environmental and hydrological constraints. Thus, a 70% open space goal for the corridor as
a whole is not unrealistic. Many properties along the corridor will be developed with greater
than 70% open space due to natural constraints. However, this site is one of the few, and
certainly the largest property along the corridor that is not so significantly constrained. This
makes it appropriate for development with a slightly lower required open space percentage,
although at 52% open space this project is still within the upper end of the allowable draft HCP
Zone 3 open space percentage range. It is also worth noting that the draft HCP’s 70% open
space target was based on pygmy owl habitat, which has since been de‐listed.
B. Primary Objectives
• Provide much needed high‐quality, environmentally‐sensitive, single‐family detached
homes for new residents wishing to live in the Town of Marana.
• Clustering homes such that the natural desert beauty can be appreciated by future
residents within the development, as well as the surrounding residents.
• Provide functional wildlife corridors, preserve habitat, and ultimately promote the
natural wildlife population.
• Fulfill the Town of Marana’s vision for sustainable growth along Twin Peaks Road (a
major regional arterial roadway).
• Construct a residential community that is compatible with both existing and future
surrounding land uses.
This document has been prepared in support of an amendment to the existing Town of Marana
General Plan. The subject properties currently consist of seven parcels located near Twin Peaks
Road and Camino de Mañana. The General Plan designates these properties as Low Density
Residential (LDR), and the existing zoning is R‐36. As the market continues to improve, large
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I. Introduction
The Preserve at Twin Peaks Specific Plan
WLB No. 112026‐A‐002 2
homebuilders have resurfaced as motivated buyers of platted lots. In the northwest Tucson
metropolitan area market, those homebuilders have expressed the strongest demand for
production home sites set in the context of significant onsite open space. This specific plan is
intended to allow the property to be developed in response to this strong demand, while at the
same time preserving environmentally‐sensitive portions of the site which encompass nearly a
third of the site.
The existing zoning is R‐36, and The Preserve at Twin Peaks Specific Plan changed the zoning to F
once approved. If built to current zoning standards, 36,000 square‐foot lots and their respective
pad grading could have blanketed the property and discouraged native wildlife from traversing
the property. One of the primary reasons to modify the current zoning is so that the majority of
the property can be effectively preserved as open space with enforceable restrictions. The
proposed community, the region, and the natural functionality and beauty of the Sonoran
Desert will benefit indefinitely by clustering housing away from sensitive xeroriparian areas.
Additionally, The Preserve at Twin Peaks development is compatible with the existing adjacent
land uses. Although a large portion of the surrounding properties are vacant, The Preserve at
Twin Peaks has been carefully designed to be sensitive to nearby existing residences by
proposing large swaths of open space along the project’s perimeter and limiting certain
homesites to one story. This is a much more sensitive approach to minimizing impacts to
existing residents than what would be provided under existing zoning. In addition, the large
landscape buffers and natural undisturbed open space will complement the area’s existing land
uses.
C. Landscape Concept
Title 17 of the Marana Land Development Code, Environmental Resource Preservation, Native
Plant and Landscape Requirements, allows for this type of subdivision development. The
Town’s draft Habitat Conservation Plan (HCP) provides additional guidance about developing
with an environmentally sensitive approach. By preserving 52% of the site as open space, The
Preserve at Twin Peaks project meets the intent of those assembled regulations and directions.
In addition to setting aside the most biologically valuable desert land, the development reuses
as many native plants as practical for the subdivision’s landscaping needs. Native plants are
drought tolerant and uniquely suited for Marana’s climate, and further meet the primary
objective of developing a sustainable and environmentally‐sensitive residential community. As
part of the platting process, a native plant inventory will be prepared for the entire site,
identifying vegetation to be preserved in place or transplanted within The Preserve at Twin
Peaks development site.
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II. Inventory & Analysis
The Preserve at Twin Peaks Specific Plan
WLB No. 112026‐A‐002 3
II. Inventory and Analysis
The purpose of the Inventory and Analysis section of this document is to catalog the various
physical opportunities and constraints impacting the property in order to provide a meaningful
and relevant context for the development proposal detailed elsewhere in this document. Only
through careful consideration of these existing conditions can a design be truly appropriate for
the area and compatible with its surroundings.
A. Existing Land Uses
1. Site Location
The subject properties are located within Township 12 South, Range 12 East, Section 12,
Town of Marana, Pima County, Arizona. The subject properties total approximately 100
acres, and are located at the south end of Camino de Mañana, as it intersects Twin
Peaks Road. (See Exhibit A: Site Location Map.)
Pima County tax assessor designates the subject properties as parcels:
216‐25‐0210 & 0220: Fidelity National Title Trust 60175 (ABIG Marana LLC)
216‐26‐0010: Fidelity National Title Trust 60175 (ABIG Marana LLC)
216‐26‐002B: ABIGER Mañana LLC
2. Existing On‐site Zoning and Land Uses
The subject properties are currently undeveloped and vacant.
The subject properties are currently zoned R‐36 (Single‐Family Residential District).
The Town of Marana General Plan designates the subject properties as Low Density
Residential (LDR: 0.5 – 2.0 dwelling units per acre). As stated in the Marana 2010
General Plan, large areas of significant natural resources have been identified in the
Tortolita Fan in northeast Marana that have a range of development constraints. These
factors allow and promote clustered housing projects. The Preserve at Twin Peaks
follows its recommendations to build relatively low‐density residential cluster
development that minimize disturbance to the on‐site riparian areas. (See Exhibit C:
Existing General Plan Land Uses.)
3. Existing Adjacent Zoning and Land Uses
The subject properties are surrounded by the following existing zonings and land uses
within a quarter of a mile of the subject property: (See Exhibit D: Existing Zoning and
Exhibit E Existing Land Uses.)
a/b. N: Existing zoning: R‐36, Single‐Family Residential
SR, Suburban Ranch (Pima County)
GR‐1, Rural Residential (Pima County)
Existing land use: Vacant land and single‐family residential
development
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E: Existing zoning: R‐36, Single‐Family Residential
R‐144, Single‐Family Residential
SR, Suburban Ranch (Pima County)
Existing land use: Vacant land and single‐family residential
development
SE: Existing zoning: R‐80, Single‐Family Residential
R‐144, Single‐Family Residential
Existing land use: Vacant land and single‐family residential
development
S: Existing zoning: SR, Suburban Ranch (Pima County)
Existing land use: Vacant land and single‐family residential
development
SW: Existing zoning: R‐144, Single‐Family Residential
Existing land use: Vacant land and single‐family residential
development
W: Existing zoning: R‐36, Single‐Family Residential
Existing land use: Vacant land and single‐family residential
development
c. Surrounding Building Heights
All nearby structures are single or two story.
d/e. Surrounding Rezonings
Camino Vaquero (pending)
f. Surrounding Subdivisions and Development Plans
Cascada and Sky Ranch subdivisions are within a half mile of the property.
Additionally, the Dove Mountain and Casa Sevilla subdivisions are within a mile
of the property.
g. Surrounding Architectural Styles
Surrounding architectural styles are typical of most unplanned development in
Pima County, which is a mix of contemporary southwestern homes and
manufactured housing.
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WLB No. 112026‐A‐002 5
4. Location and ownership of wells/well sites within 100 feet of site
According to ADWR, one well exists on‐site: 55‐570105. This will be abandoned before
construction begins. No wells are known to exist within 100 feet of the project
boundary but numerous private wells exist further away in the surrounding areas of
unplanned development.
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g g y , g
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B. Topography and Slope
1. Topographic Characteristics
a. The topography of the subject properties is characterized by relatively flat terrain.
The subject properties generally slope evenly from northeast to southwest.
Elevations range from approximately 2,466 feet above sea level at the northeast
corner to 2,382 feet above sea level at the southwest corner of the subject
properties. The site does not contain any hillside conservation areas, rock outcrops,
slopes of 15% or greater, or other significant topographic features.
2. Pre‐Development Slope
a. Average Cross‐Slope
i. The pre‐development average cross‐slope for the subject properties is
approximately 5.0 percent, according to the following formula:
C = Contour Interval
L = Length of Topographic Contours
A = Acreage of Site
( C x L x 0.0023 ) / A = Average Cross Slope
(1’ x 216,844' x 0.0023) / 99.1 = 5.0%
b. Average Overall Slope
i. The pre‐development properties’ average overall slope is 2.6% from the
northeast corner to the southwest corner of the project boundary.
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C. Hydrology
1. Off‐site Features Affecting Site
Upstream of the site, the low density nature of existing development allows most
drainage to flow naturally. Drainage in the area is typically concentrated within the
numerous braided washes crisscrossing the Tortolita Fan. Drainage flows over and
through existing drainage structures beneath Camino de Mañana and Twin Peaks Road,
both of which are downstream of the subject property. Drainage then continues
downstream of the subject properties in the same manner that is exhibited in the
upstream watershed.
2. Acreage of Upstream Offsite Watersheds
The off‐site watershed affecting this property is approximately 150 acres with an overall
downward slope of approximately 1.5% from the top of the watershed to the subject
property.
3. On‐site Hydrology Characteristics
a. 100‐Year Floodplains with Discharges ≥ 50 CFS
Estimated 100‐year floodplains are shown on the following exhibit.
b. Areas of sheet flooding and average depths
There are no areas of sheet flooding onsite.
c. Federally mapped floodways and floodplains
Federally mapped floodplains exist on‐site, but are avoided.
d. 100‐Year Floodplains with Peak Discharges > 50 CFS
Estimated 100‐year floodplains are shown on the following exhibit (Exhibit H:
On‐site Hydrology).
4. Existing Drainage Conditions Along the Downstream Property Boundary
See Part 1, above.
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D. Vegetation
The Town’s draft Habitat Conservation Plan (HCP) places the subject property within
Conservation Zone 3, which “would require the protection of between 40 and 70 percent” as
open space. As such, riparian areas should be given the highest conservation priority, as they
have been in this Specific Plan. The subject property is not within the planned habitat ranges of
any species mapped in the draft HCP.
From Floerchinger Sadler Steele Baker, Inc. 2006 report, Job #20502:
1. On‐site Vegetative Communities
“Site vegetation substantially consists of undisturbed Arizona Upland Sonoran Desert
Scrub Biotic Community. The dominant plant association is the Paloverde‐mixed cacti
community. Species include mesquite, acacia, ironwood, foothills paloverde, creosote
bush, and ocotillo, prickly pear, and fishhook barrel cactus. A large number of mature
saguaro exists within the subject site. Ironwood trees, 12‐inch caliper and larger, and
other large trees are also prevalent. Night blooming cereus are scattered throughout
the project site.”
2. Significant, Threatened, or Endangered Flora
“Illustrated on the significant vegetation exhibit.”
3. Vegetative Densities
“Novak Environmental approximates the vegetative density of the subject site at 35
percent plant cover.”
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E. Wildlife
1. Arizona Game and Fish Department Input
The Arizona Game and Fish Department reviewed The Preserve at Twin Peaks Specific
Plan proposal. The Environmental Review letter, dated from February 4, 2013, states
that their most current records indicate the presence of federally listed species within a
3 mile radius of the project boundary. In addition, the project lies within a half mile of
an identified wildlife corridor. Arizona Game and Fish Department recommends that
the United States Fish and Wildlife Service be consulted due to the proximity to listed
species and a wildlife corridor. (See Exhibit K: AZGFD for more information.)
Proper steps should be taken during development to mitigate the occurrence of any
listed fauna, should they be found onsite.
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Exhibit K: AZGFD Letter
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Exhibit K: AZGFD Letter (Cont’d)
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Exhibit K: AZGFD Letter (Cont’d)
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Exhibit K: AZGFD Letter (Cont’d)
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Exhibit K: AZGFD Letter (Cont’d)
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Exhibit K: AZGFD Letter (Cont’d)
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Exhibit K: AZGFD Letter (Cont’d)
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Exhibit K: AZGFD Letter (Cont’d)
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Exhibit K: AZGFD Letter (Cont’d)
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F. Soils and Geology
1. Soils
The National Resources Conservation Service notes the subject property as “Hayhook
Sandy Loam/Hayhook – Sahuarita Complex, 1 to 5 percent slopes.” These designations
are typical of the Tortolita Fan area and are characterized by well‐draining sandy soil on
the surface, with gravelly soil several feet below. Detailed geotechnical investigation
will be performed prior to development.
2. Geology
The project lies within the Tortolita Fan area, which falls into the Santa Cruz River basin
valley. The US Geological Survey further describes this area as, “QTa: Alluvium &
Sedimentary Rock. Unconsolidated to well‐consolidated and caliche – cemented sand,
silt, and gravel and dissected basin‐fill deposits of conglomerate, sandstone, and
siltstone with minor lacustrine rocks.”
G. Viewsheds
From Floerchinger Sadler Steele Baker, Inc. 2006 report, Job #20502:
1. Viewsheds from Adjacent Properties
“Predominant views are Tortolita Mountains to the north, Pusch Ridge and Catalina
Mountains to the east, Wasson Peak to the south, and Safford Peak to the west.
Development of the subject property will not block these views for the existing homes in
the area.” (See Exhibit M: Viewsheds for more information.)
2. Site Visibility
“Views into the subject site are restricted due to existing vegetation. Also, views from
Camino de Mañana are further hampered due to its depressed condition adjacent to the
subject site.”
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Exhibit M: Viewsheds
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Exhibit M: Viewsheds (Cont’d)
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Exhibit M: Viewsheds (Cont’d)
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Exhibit M: Viewsheds (Cont’d)
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Exhibit M: Viewsheds (Cont’d)
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H. Traffic
1. Existing / Proposed Off‐site Streets between the Development and Nearest Arterial Streets
The development has two entries, both of which are onto Camino de Mañana.
Now that Twin Peaks Road has been improved, the 2040 P.A.G. Regional Transportation
Plan proposes no additional improvements within a mile of the project.
2. Nearby Arterial Streets
All traffic generated by this project will be accommodated by Twin Peaks Road and Camino
de Mañana. An analysis of capacity has been prepared by Southwest Traffic Engineering.
(See Exhibit X: Circulation Concept Plan.)
Twin Peaks Road
150 foot Right‐of‐Way
Four lane divided roadway with bicycle lanes and landscaped median
45 MPH speed limit
Large wash channeled underneath road via culverts at intersection with Camino de Mañana.
Camino de Mañana
60 foot Right‐of‐Way
Two lane asphalt road
35‐45 MPH speed limit
Roadway at or below surrounding grade
Wash flows over road way half way between Twin Peaks intersection and Desert Falcon
Lane.
3. Nearby Arterial Intersections
Arterial intersections within one mile of the site that will likely carry traffic generated by this
development include Twin Peaks Road and Camino de Mañana, and Camino de Mañana and
Camino de Oeste.
4. Nearby Bicycle / Pedestrian Ways
Bicycle lanes, a sidewalk, and a multi‐use trail are provided alongside the nearby Twin Peaks
Road.
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WLB No. 112026‐A‐002 37
I. Recreation and Trails
1. Trails, parks and recreation areas within one mile of site.
No existing parks are within one mile of the project site. The surrounding area currently
contains passive recreational opportunities, including open space areas and three Pima
County trails. This residential development project will provide an easement and
connection for Tortolita Road Trail (Pima County Trail #176) to traverse through the site.
Additionally, El Camino de Mañana Wash Trail (Pima County Trail #158) and Ironwood Trail
(Pima County Trail #172) are located within a mile of the property site. By proposing a trail
easement on‐site, The Preserve at Twin Peaks will provide an important and permanent
linkage for the regional trail network. (See Exhibit N: Trails for more information.)
The Preserve at Twin Peaks Specific Plan supports the goals of the Pima County Trail System
Master Plan and the Town of Marana Trails System Master Plan by creating a trail easement
and trail signage. Two regional or district parks with a combined area of 72.8 acres have
been planned but not yet developed at the nearby Cascada subdivision development. This is
in addition to the several neighborhood parks within the Cascada development.
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J. Cultural, Archaeological, and Historic Resources
1. On‐site Resources
None.
2. Archaeologist Letter
No archaeological resources are known to exist on‐site. An archaeological survey was
conducted on the subject property by Professional Archaeological Services of Tucson
(P.A.S.T.), and the investigator determined in the report titled “Archaeological Survey of the
Camino de Mañana Section 12 Project near Marana, Pima County, Arizona” that no further
cultural resource studies are warranted. Based on the archival information, field methods,
the observable surface indications, and because none of the materials observed on the
subject property have potential to provide important archaeological or historical
information beyond what has been obtained for this resource, P.A.S.T. supports approving
The Preserve at Twin Peaks application. If any cultural resources are discovered during
construction, State and local rules will be followed regarding handling and treatment of
cultural resources. (See Exhibit O: PAST Report Cover for reference information.)
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Exhibit O: PAST Report Cover
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K. Existing Infrastructure and Public Facilities
1. Sewer
The Twin Peaks corridor, including this property, is tributary to Pima County’s Ina Road
wastewater treatment plant. The project will connect to the Pima County Regional
Wastewater Reclamation Department sewer system near the intersection of Linda Vista
Boulevard and Blue Bonnet Road. Capacity to connect at this location has been confirmed.
See Exhibit Q: Sewer Capacity Response Letter.
2. Water
This project is within the Town of Marana water service area. A 16” water main exists
within the Twin Peaks Road right‐of‐way. Initial discussions with Marana Water suggest that
a temporary in‐line booster may be necessary to serve this project until the planned Blue
Bonnet reservoir and booster station are constructed.
3. Fire Service
The property has been annexed into the Mountain Vista Fire District, which has indicated
that they may locate a new facility in the area in the future, but at this point are unsure.
The nearest fire station is at Shannon and Overton.
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Exhibit Q: Sewer Capacity Letter
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III. Land Use Plan
A. Purpose and Intent
This section describes how the development responds to the opportunities and constraints
described in the Inventory & Analysis section of this Specific Plan, as well as the Town’s draft
Habitat Conservation Plan. The care with which a Specific Plan responds to its physical and
regulatory context determines the appropriateness of the design, and ultimately the quality of
life that results within and around the Plan area. As evidenced by the site plan, The Preserve at
Twin Peaks Specific Plan has been crafted after careful and responsive consideration of the site’s
context.
B. Relationship to Town of Marana Adopted Plans
The Marana General Plan designates this property as Low Density Residential: 0.5‐2.0 homes per
acre. This project complies with that guideline despite the fact that greater density would be
appropriate along the Twin Peaks corridor.
The Town’s draft Habitat Conservation Plan calls for between 40% and 70% open space in Zone
3 areas such as this one, with 70% being the default minimum except in cases where a lower
percentage of open space can be justified without substantial environmental impact. The entire
Twin Peaks Road corridor is planned to be developed, although much of it is heavily constrained
by environmental and hydrological constraints. Thus, a 70% open space goal for the corridor as
a whole is not unrealistic. Many properties along the corridor will rightfully end up with greater
than 70% open space. However, this site is one of the few, and certainly the largest property
along the corridor that is not so significantly constrained. This makes it appropriate for
development with a slightly lower required open space percentage, although at 52% open space
this project is still within the upper end of the HCP Zone 3 open space percentage range.
C. Compatibility to Adjoining Development
The Preserve at Twin Peaks Specific Plan seeks to be compatible with surrounding land uses
while maintaining appropriate and sufficient residential density to offset the cost of extending
sewer and other utilities to the vicinity. Through coordination with the Town and outreach to
surrounding residents, the plan has undergone a number of iterations, each decreasing
development intensity and impact. As a result, the Plan features a density that is in line with the
Marana General Plan, significant buffering to adjacent land owners, and a substantial amount of
open space. Utilizing a cluster development approach, the design maintains vast amounts of
open space, which demonstrates sensitivity to the environmental value of the area.
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The Preserve at Twin Peaks Specific Plan
WLB No. 112026‐A‐002 47
D. Land Use Proposal
This project is designed to blend with surrounding low density residential land uses and
currently undeveloped areas. Approximately 52% of the site remains as open space, including
the active recreation area. Home sites are set back from adjacent properties by at least 100
feet, but in most areas by several times that distance. Natural and enhanced landscaping exist
within these buffer areas to provide visual screening between the homes within the
development and existing neighbors. Although the lots proposed are of the sizes typically
desired by large homebuilders, the overall density of this project is relatively low (approximately
1.97 homes per acre), resulting in a low traffic impact on nearby roadways.
Specifically, The Preserve at Twin Peaks Specific Plan contains several land uses, with residential
lots being the principal use. The residential lot development standards are considered
Medium‐Density Residential (MDR). The other land uses, Active Open Space (AOS) and Natural
Open Space (NOS), support the future community residents.
Land Use Designation Gross Area (AC) Target RAC Target Lot Yield
Medium Density Residential (MDR) 47.6 4.1 195 Units
Natural Open Space (NOS) 48.1 0 0
Active Open Space (AOS) 3.4 0 0
TOTAL SITE AREA 99.1 Acres 2.0 RAC Gross 195 Units
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E. Grading Concept
Site grading will be restricted to roadways, lots, and necessary ancillary grading. Improvements
within this project will be located at or near existing grade in order to avoid excessive alteration
of the site’s gently sloping terrain. Additionally, clustering the lots allows 52% of the site to
remain as active, passive, and/or undisturbed open space.
F. Post‐Development Hydrology
Significant drainageways on‐site will be preserved in their natural state, within the common
area open space designated as NOS. Minor encroachments are proposed in several areas,
primarily for the purpose of roadway crossings, but no substantial encroachment is proposed.
Additional stormwater runoff created by new homes and roadways will be collected in small
landscaped detention basins throughout the development. By largely avoiding disturbance of
existing drainageways, and spreading stormwater detention throughout the project, impacts to
up‐ and downstream drainage patterns are mitigated, and erosion issues will be prevented.
The Town of Marana adopted Title 25 of the Land Development Code with an effective date of
October 18, 2007. To comply with this Title, a Stormwater Pollution Prevention Plan and NOI for
coverage under the AZPDES Construction General Permit is required to be submitted to the
Town for review and acceptance prior to commencement of grading activities.
Construction/storage yards, construction trailers, fencing, water pumps/ponds and roads will be
considered part of the larger plan of development and will need to be covered in the
Stormwater Pollution Prevention Plan for this project.
All Federal permit requirements will need to be met prior to grading permit issuance. This
includes Army Corps of Engineers Jurisdictional Wash consultation/determination.
G. Vegetation and Landscaping
Most significant vegetation found on‐site is within the several sizeable on‐site washes, all of
which are preserved as Natural Open Space except for the minor encroachments depicted on
the Land Use Concept (Tentative Development Plan). As part of the platting process, a native
plant inventory will be prepared for the entire site, identifying vegetation to be preserved in
place or transplanted on‐site.
Development features drought tolerant landscaping, which further increases how well the
project fits within the context of lower density surrounding development in this arid region.
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WLB No. 112026‐A‐002 51
H. Wildlife
By preserving the major washes on‐site through the Natural Open Space (NOS), the primary
wildlife corridors through the property are also protected. The width of the proposed primary
open space corridors on‐site ranges from 100 feet to over 900 feet, which provides ample visual
and acoustical buffering for wildlife traversing the site.
At least 30 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.
In order to maintain greater wildlife connectivity along the large riparian area in the northern
portion of the property, an over‐road wildlife crossing will be provided at approximately the
location shown on the TDP.
I. Viewsheds
Extraordinary views are not available from or across the property due to existing, relatively flat
topography coupled with the distance to surrounding mountain ranges. However, the wide
open space corridors and perimeter buffer areas mitigate the project’s minimal impacts to
surrounding viewsheds.
J. Circulation Concept
Two connections are proposed to the existing public street system, both along Camino de
Mañana. The locations of the points of connection were chosen to minimize impacts to existing
washes, the available right‐of‐way frontage, roadway geometry, and also to minimize traffic
impacts to the neighboring property owners to the south. Internal streets will be designed and
built to Town standards. Streets are intended to be private if the homebuilder elects to gate the
neighborhood. Otherwise, they will be public streets. This project is expected to generate
approximately 1,858 vehicular average daily trips (ADT), according to the Traffic Impact Analysis
(TIA) submitted by Southwest Traffic Engineering, LLC.
Regular Council Meeting - February 18, 2014 - Page 369 of 413
III. Land Use Plan
The Preserve at Twin Peaks Specific Plan
WLB No. 112026‐A‐002 52
K. Public Utilities
Water
The Town of Marana provides water service to the surrounding area, although the development
site is not currently serviced. Water service for this project will be extended from the existing
16‐inch main that terminates near the intersection of Blue Bonnet Road and Twin Peaks Road.
Sewer
Sewer service for this project will be extended from the existing sewer main that terminates just
south of the intersection of Linda Vista Boulevard and Blue Bonnet Road. The main will be
extended along Blue Bonnet Road, within the right‐of‐way and within easements.
Electric
Electric service will come from Trico Electric Cooperative, Inc. (TRICO). The power source will
come from TRICO’s main feeder line along the east side of Twin Peak’s Road. This feeder line
exists along the project’s western edge. There are also several points along the eastern edge to
tie into the electrical infrastructure, if needed.
Natural Gas
Southwest Gas will supply natural gas services to the proposed development. The closest
existing gas facility exists at the intersection of Oasis Road and Quail Lane. The main will be
extended if needed by the homebuilder.
Telecommunications
The Preserve at Twin Peaks is within the TRICO, Comcast, and CenturyLink service areas.
Telecommunication service is proposed from these providers.
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Regular Council Meeting - February 18, 2014 - Page 371 of 413
III. Land Use Plan
The Preserve at Twin Peaks Specific Plan
WLB No. 112026‐A‐002 54
L. Public Service Impacts
Police
The project is within Marana’s town limits, and law enforcement jurisdiction. As a relatively low
density residential project, impacts to Marana’s police services are expected to be minimal.
Fire
This project will be served by the Mountain Vista Fire District.
Trash and Recycling
The Town of Marana does not provide trash and recycling services. The homeowners
association will contract with a private solid waste pick‐up provider.
Schools
The Marana Unified School District uses a student generation factor of 0.25 per home for
elementary students and 0.1 per home for secondary students. This project’s anticipated 195
homes would have an impact of 49 elementary students and 20 secondary students. Ironwood
Elementary, Tortolita Middle School and Mountain View High School all have capacity to absorb
this number of students. See attached letter from Marana Unified School District, although it
should be noted that the District’s letter responds to an earlier, more intense iteration of this
Specific Plan, so the numbers stated are above the actual anticipated impact.
Regular Council Meeting - February 18, 2014 - Page 372 of 413
III. Land Use Plan
The Preserve at Twin Peaks Specific Plan
WLB No. 112026‐A‐002 55
Exhibit W: MUSD Letter
Regular Council Meeting - February 18, 2014 - Page 373 of 413
III. Land Use Plan
The Preserve at Twin Peaks Specific Plan
WLB No. 112026‐A‐002 56
M. Recreation and Trails
The majority of the development’s open space will be owned and maintained by the HOA (with
49% of the site as NOS and 3% as AOS). Approximately 48.1 acres of the subject property
consists of natural open space (NOS), 3.4 acres of the property consists of active open space
(AOS). The active space is a neighborhood park in the central portion of the property, providing
easy access to all residents of The Preserve at Twin Peaks through the internal sidewalk and trail
network. This park is expected to be the recreation focal point of the neighborhood due to its
central location within the project, as well as connectivity to the regional trail system. It will
include play equipment, shade structure, and seating. A trail connection will be constructed in
the open space between western property boundary and the eastern property boundary,
providing a connection for the region’s trail users. This new trail will provide a link for Pima
County Trail #176. Specifically, the new trail will run from the end of Pima County Trail #176
near the eastern site boundary, to Pima County Trail #176 on Camino de Mañana near the
western site boundary. An easement for the trail will be provided to the Town of Marana, and
signage will be provided. All plants shall be on an underground drip irrigation system. If turf is
used, it must be irrigated from a secondary non‐potable source as long as the non‐potable
source is available at the boundary of the Specific Plan at the time that of development.
However, most of the land is proposed to remain as Natural Undisturbed Open Space, and shall
not be irrigated. These actions meet the recommendations in the Town of Marana’s Parks,
Recreation, Trails, and Open Space Master Plan and the Marana 2010 General Plan.
N. Cultural, Archaeological, and Historic Resources
No archaeological resources exist on‐site. An archaeological survey was conducted on the
subject property by Professional Archaeological Services of Tucson (P.A.S.T.), and the
investigator determined in the report, titled Archaeological Survey of the Camino de Mañana
Section 12 Project near Marana, Pima County, Arizona, that no further cultural resource studies
are warranted. If any are discovered during construction, State and local rules will be followed
regarding handling and treatment of cultural resources. (For more information, see Exhibit O:
PAST Report Cover.)
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IV. Development & Design Standards
The Preserve at Twin Peaks Specific Plan
WLB No. 112026‐A‐002 58
IV. Development and Design Standards
A. Purpose and Intent
This section provides standards and guidelines that apply to development within The
Preserve at Twin Peaks neighborhood. Guidelines are provided for each separate land use
within the project.
B. Single‐Family Residential Design Standards
The Residential Design Standards contained within the Town of Marana Land Development
Code shall be applied to all single‐family residential development within this project.
C. Medium Density Residential (MDR)
a. Permitted Uses
1. Single‐Family Detached Residential
2. Recreation Areas and Open Space
b. Allowable Accessory Uses:
a. The following accessory buildings and uses may be located on the
same lot with a permitted dwelling, provided that any permanent
building or structure shall be harmonious with the architectural style
of the main building and further provided that all residential
accessory uses are compatible with the residential character of the
neighborhood:
i. Tool/storage sheds, patios and cabanas, noncommercial
hobby shops, children's playhouses, etc.;
ii. Swimming pools, spas, and related structures;
iii. Fences and walls;
iv. Home occupations, with approval from Town of Marana;
v. Model homes, within an approved subdivision;
vi. Temporary sales trailer, within an approved subdivision.
c. Development Standards
1. Minimum Lot Area: 6,000 square feet.
2. Minimum Lot Width: 45 feet.
3. Minimum Front, Side and Rear Yards (Setbacks):
a. Front: 10 feet, except where garages open or face directly onto an
abutting street, in which case the garage setback shall be a minimum
of 20 feet. A maximum of 35% of the lots may have a reduced
setback to the 10 feet, with the balance of the setbacks being 20 feet
or greater.
b. Side: 5 feet, with a street side yard (setback) having a minimum of 10
feet.
c. Rear: 20 feet.
d. Where the front yard (setback) is increased above 20 feet, the rear
yard (setback) may be reduced by one foot for each foot of front
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IV. Development & Design Standards
The Preserve at Twin Peaks Specific Plan
WLB No. 112026‐A‐002 59
yard increase, but shall not be reduced to below 15 feet. Where the
front yard (setback) is decreased below 20 feet, the rear yard
(setback) shall be increased by one foot for each foot of front yard
decrease, but shall not be required to be over 25 feet.
4. Minimum Distance Between Structures:
a. Between principal (main) buildings: 10 feet.
b. Between principal (main) and accessory buildings: 5 feet.
c. Between accessory buildings: 5 feet.
d. Between attached patio structures and property lines: 5 feet.
i. A minimum setback of 5 feet shall be maintained from the
rear and side property lines for a patio structure that is open
/ unenclosed on three sides.
e. The adopted Marana fire code will also regulate the distance
requirements between structures. If the Specific Plan’s building
separation standards are inconsistent with the fire code, then the
most conservative separation standard shall apply.
5. Maximum Building Heights:
a. Two‐stories or 30 feet.
D. Active Open Space (AOS)
The Open Space Active designation is proposed for approximately 3.4 acres in the
subject property. This designation provides for a neighborhood park, which is expected
to be the social and active recreational focal point of the community due to its relatively
central access to future residents as well as connecting to the regional trail system. (See
Exhibit U: Conceptual Landscape Plan.)
1. Allowable Uses:
a. Public parks and playgrounds including but not limited to:
i. Sport fields and courts
ii. Picnic areas
iii. Recreational structures
b. Private (HOA‐owned and operated) parks and playgrounds including but
not limited to:
i. Sport fields and courts
ii. Picnic areas
iii. Recreational structures
c. Public trails
d. Utility easements and maintenance roads
e. Community identification, entry monuments, community design
elements, and other enhancements common to a homeowner’s
association, and designed for a specific subdivision
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IV. Development & Design Standards
The Preserve at Twin Peaks Specific Plan
WLB No. 112026‐A‐002 60
E. Natural Open Space (NOS)
The Natural Open Space will be set‐aside as 47.5 acres of protected open space. Most
of the on‐site riparian areas will also be protected within this designated Natural Open
Space. (See Exhibit U: Conceptual Landscape Plan.) Although most of the areas within
the NOS area will be undisturbed, minor disturbance for roadway, utility, entry
monumentation, drainage infrastructure, and ancillary grading is allowed, and is to be
revegetated.
1. Allowable Uses:
a. Open space
b. Utilities, entry monumentation, and signage
c. Public trails
d. Drainage infrastructure and other typical common area elements
F. Twin Peaks Corridor Design Standards
The Town of Marana has performed an extensive development design study along the
Twin Peaks Road corridor between the I‐10 interchange and Tangerine Road. The study
considered various design elements such as color and reflective values of buildings, roof
materials, and perimeter screen walls, as well as design elements of features common
to the development including entry monumentation, and site landscaping. Town staff is
compiling the results of the study into the creation of design standards and guidelines
that will be applicable to all future development along the corridor, including The
Preserve at Twin Peaks. These standards will compliment and, in some cases, take
precedence over the Town’s Residential Design Standards. Until the Twin Peaks corridor
design standards are adopted, The Preserve at Twin Peaks shall be subject to, but not
limited to, the following design standards:
1. The Light Reflective Value (LRV) of all structures along the perimeter of the
development including homes and perimeter walls shall be limited to 35%.
2. Pitched roof homes along the perimeter of the development shall utilize a roof
tile that is limited to a LRV of 35%.
3. Landscaped buffer yards along the perimeter of the project shall meet the
Town’s satisfaction in order to ensure adequate screening and mitigation of
negative visual impacts to adjacent land uses including Twin Peaks Road and
Camino de Mañana.
4. Entry monument signage shall be constructed in compliance with the results of
the corridor study including specified materials and colors. Monument signage
shall be comprised of a combination of natural, desert‐themed materials
including mud adobe block, earth‐tone stone (boulders, stacked/ledge stone,
and/or gabion cages) in color schemes such as ‘Santa Fe Gold’ or ‘Apache Gold’
and rusted steel lettering not to exceed 12 inches in height. If faux stone veneer
is included in the design, natural stone shall also be incorporated.
Monumentation design shall be approved by the Town prior to construction.
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V. Implementation & Administration
The Preserve at Twin Peaks Specific Plan
WLB No. 112026‐A‐002 61
V. Implementation and Administration
A. Purpose
This section of The Preserve at Twin Peaks Specific Plan (Plan) outlines the implementation of
the Plan throughout the community’s development. It identities the parties responsible for
ensuring the project is built in coordination with infrastructure, landscaping, and signage
improvements providing a continuity of design. This section also provides for guidance
regarding the general administration of, and amendment procedures for, the Plan.
B. Proposed Changes to Zoning Ordinance
The Development and Design Standards section of this Specific Plan handles only those areas
that differ from the Town of Marana Land Development Code. If an issue, condition, or
situation arises that is not covered or provided for in this Plan, those regulations of the Town of
Marana Land Development Code that are current at the time of development/permitting shall
apply.
C. Development Review Procedure
The development review for The Preserve at Twin Peaks Specific Plan shall be implemented
through the review and approval process of preliminary and final plats and all other plan
reviews typically performed by the Town of Marana and through the Town of Marana building
permit approval process. Decisions on grading, drainage, road alignment, re‐vegetation, and
other matters must be presented on the preliminary plat; the final decisions must be presented
on the final plat. All subdivision plats shall be reviewed by the Town of Marana in accordance
with Town of Marana procedures.
D. General Implementation Responsibilities
The Plan shall be implemented through the subdivision review process. This process will allow
for the creation of lots as preliminary and final plat maps allow for implementation of the
project. The Plan will guide the platting process with other official Town of Marana ordinances,
policies, maps and regulations.
The implementation of The Preserve at Twin Peaks Specific Plan is the responsibility of the
Individual Builder/Developer, and the Homeowners Association in accordance with the
regulations and guidance contained within this Specific Plan, unless otherwise noted. The
Individual Builder/Developer, or their successors and assigns, shall be responsible for the
engineering and implementation of the project infrastructure.
Approval of a subdivision plat, or building permit is subject to the following requirements:
1. Conformance with the adopted The Preserve at Twin Peaks Specific Plan, including the
Development and Design Standards.
2. Provision of development‐related agreements as required by applicable agencies.
3. Dedication of appropriate rights‐of‐way for roads, utilities, and drainage by plat or by
separate instrument if the property is not to be subdivided.
4. Adoption of Master CC&Rs.
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V. Implementation & Administration
The Preserve at Twin Peaks Specific Plan
WLB No. 112026‐A‐002 62
5. None of the development requirements contained within this Specific Plan shall have
the effect of superseding the requirements of the Town of Marana’s adopted Building
Codes.
E. Phasing
Phasing is not expected in The Preserve at Twin Peaks development. However, the potential
phasing within the Plan is subject to change based on market conditions.
F. Specific Plan Administration
1. Enforcement
The Preserve at Twin Peaks Specific Plan shall be administered and enforced by the
Town of Marana Development Services Department in accordance with the
provision of the Town of Marana Land Development Code.
2. Administrative Change
Certain changes to the provisions in The Preserve at Twin Peaks Specific Plan may
be made administratively by the Town of Marana Planning Director, providing said
changes are not in conflict with the overall intent expressed in the Specific Plan.
Categories of administrative change include, but are not limited to:
1. The addition of new information to the Specific Plan that does not change the
effect of any regulations or guidelines, as interpreted by the Planning Director.
2. Changes to the community infrastructure planning and alignment such as roads,
drainage, water, and sewer systems that do not increase the development
capacity of the Specific Plan.
3. Changes to boundaries due to platting. Minor adjustments because of final
road alignments and drainage may occur during the platting process and shall
not require amendment to the Specific Plan.
4. Changes to development standards that are in the interest of the community
and do not affect health or safety issues.
3. Substantial Change
The Preserve at Twin Peaks Specific Plan may be substantially amended by the
same procedure as it was adopted. Each request shall include all sections or
portions of the Specific Plan that are affected by the change. The Planning Director
shall determine if the amendment would result in a substantial change in plan
regulations, as defined in the Town of Marana Land Development Code.
4. Interpretation
If an issue, condition, or situation arises or occurs that is not sufficiently covered or
provided for to be clearly understandable, those regulations of the Town of Marana
Land Development Code that are applicable for the most similar issue, condition, or
situation shall apply. This provision shall not be used to permit uses or procedures
not specifically authorized by this Specific Plan or the Town of Marana Land
Development Code.
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V. Implementation & Administration
The Preserve at Twin Peaks Specific Plan
WLB No. 112026‐A‐002 63
The Planning Director shall be responsible for interpreting the provisions of this
Specific Plan. Appeals to the Planning Director’s interpretation may be made
within fifteen (15) days from the date of the interpretation of the Board of
Adjustment.
5. Fees
Fees will be assessed as indicated by the Town’s adopted fee schedule that is in
place at the time of development.
6. Specific Plan Development Monitoring Program
The Individual Builder/Developer shall annually submit a written report to the
Town of Marana including:
• The past year’s development activity
• Utility, sewer, water, drainage, and street improvement activities
• Changes in ownership structure
• Status of sales or leases to others
• Estimates for the upcoming year in the above categories
This yearly report will be submitted within 30 days of the new calendar year of the
adoption of The Preserve at Twin Peaks Specific Plan. Annual reports will not be
required after development build‐out.
Regular Council Meeting - February 18, 2014 - Page 383 of 413
The Preserve at Twin Peaks Specific Plan
WLB No. 112026‐A‐002 64
BIBLIOGRAPHY
Cascada North Specific Plan. Presidio Engineering, Inc., 2011
Flood Insurance Rate Map Panel 1065 of 4750. Map. Washington DC: Federal Emergency Management
Agency, 2011.
Pima County MapGuide. Map. Pima County Geographic Information Systems, 2012.
<http://gis.pima.gov/maps/mapguide/>
RECON Environmental. Marana Public Draft Habitat Conservation Plan. Tucson: 2009.
Specific Plan/Rezoning Request PCZ‐06 Camino de Manana Properties. Floerchinger‐Sadler‐Steele‐
Baker, Inc. Tucson: 2006.
Town of Marana Utilities Department. Camino de Manana 16” Public Z‐Zone Watermain. Map.
Marana: WestLand Resources, Inc., 2009.
Town of Marana. Town of Marana 2010 General Plan. Marana: 2010.
Water Resource Data. Graph. Arizona Department of Water Resources, 2012.
<https://gisweb.azwater.gov/waterresourcedata/>
Regular Council Meeting - February 18, 2014 - Page 384 of 413
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, February 18, 2014, 7:00 PM
To: Mayor and Council Item A 5
From: Frank Cassidy, Town Attorney
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2014-014: Relating to Development; authorizing Town staff to execute and
record any documentation necessary to remove the 2003 Development Agreement between
the Town of Marana and Spare Time Family Entertainment Center, L.L.C. from the affected
property’s title
Discussion:
The Town of Marana entered into a 2003 Bedroxx Development Agreement, a retail tax incentive
development agreement with Spare Time Family Entertainment Center, L.L.C., the then-lessee of
Bedroxx.
The Bedroxx Development Agreement provided partial sales tax reimbursements in exchange for in-
kind services. After the first $33,000 in Town sales tax collected from Bedroxx each fiscal year, any
remaining Town sales tax (up to a maximum of $33,000 in any fiscal year) was reimbursed to Spare
Time over the next ten fiscal years (ending June 30, 2013), up to the full cost of Spare Time's
remodeling and equipment costs. For each dollar of reimbursed sales tax, Spare Time was required to
give one dollar of "Entertainment Credits" for use by the Town's Parks and Recreation Department or in
conjunction with public school activities.
The Town paid Spare Time a cumulative total of $95,751.36 in sales tax reimbursement under the
Bedroxx Development Agreement. In exchange, Spare Time provided $49,747.46 worth of
Entertainment Credits, which the Town redeemed for various activities including after prom parties,
winter camp, senior bowling, and Special Olympics.
Spare Time filed bankruptcy in 2008. The Town's right to Entertainment Credits in the Bedroxx
Development Agreement were an "unsecured claim"; that is, a debt not secured by a lien on real or
personal property. Unsecured claims are typically discharged in bankruptcy with little or no payment, so
the Town's standard procedure is not to pursue claims in bankruptcy for unsecured claims. The Town
was not listed as a creditor, was not given mailed notice of, and did not file a claim in the Spare Time
bankruptcy. Spare Time was discharged of its debts with the confirmation of its plan of reorganization
on October 2, 2010. No Entertainment Credits have been honored at Bedroxx since 2008.
Bedrock Ina LLC has owned Bedroxx since May 2004, and seeks to sell the Bedroxx property. The
Bedroxx Development Agreement shows up on the title to the Bedroxx property, creating an issue for
potential buyers. Based on various arguments explained in the accompanying resolution, Bedrock Ina
LLC contends that it is not responsible for any outstanding obligations under the Bedroxx Development
Agreement. Although the Town may have plausible arguments (some of which are explained in the
Regular Council Meeting - February 18, 2014 - Page 385 of 413
accompanying resolution), Town staff recommends clearing the Bedroxx Development Agreement from
title and allowing the new owner of Bedroxx to start with a clean slate. Town staff believes that the risks
of pursuing the outstanding Entertainment Credits against Bedrock Ina LLC is not worth their value, and
that allowing the sale to go forward advances the Town's goals of seeking private reinvestment in
Marana businesses and promoting new sales tax revenue opportunities.
Retail tax incentive agreements like the Bedroxx Development Agreement are carefully monitored by
public interest groups. The resolution prepared for this item goes into more detail than normal, to give
the public and public interest groups a full explanation of this item.
Financial Impact:
The Town arguably releases Bedrock Ina LLC from providing Entertainment Credits worth $46,003.90
by approving this resolution. But Town staff believes the probable cost and risks of pursuing Bedrock
Ina LLC for the Entertainment Credits exceeds their value.
ATTACHMENTS:
Name:Description:Type:
Reso 2014-
014 Bedroxx DA title clearance
(00036847-2).docx
Reso 2014-014 Resolution
Spare Time Family Entertainment.pdf 2003 Bedroxx Development Agreement Backup Material
Staff Recommendation:
Staff recommends adoption of Resolution 2014-014, authorizing Town staff to execute and record any
documentation necessary to remove the Bedroxx Development Agreement from the affected property’s
title.
Suggested Motion:
I move to adopt Resolution 2014-014, authorizing Town staff to execute and record any documentation
necessary to remove the Bedroxx Development Agreement from the affected property’s title.
Regular Council Meeting - February 18, 2014 - Page 386 of 413
Resolution No. 2014-014 - 1 - 2/5/2014 1:55 PM FJC
MARANA RESOLUTION NO. 2014-014
RELATING TO DEVELOPMENT; AUTHORIZING TOWN STAFF TO EXECUTE AND
RECORD ANY DOCUMENTATION NECESSARY TO REMOVE THE 2003
DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND SPARE TIME
FAMILY ENTERTAINMENT CENTER, L.L.C. FROM THE AFFECTED PROPERTY’S
TITLE
WHEREAS the Town and Spare Time Family Entertainment Center, L.L.C., entered into
a development agreement recorded in the Pima County Recorder’s office on March 17, 2003 at
Docket 12008, Page 1780 and referred to in this Resolution as the “Bedroxx Development
Agreement”; and
WHEREAS the Bedroxx Development Agreement facilitated the development of what
has become known as the Bedroxx Family Entertainment Center located at 7061 North Camino
Martin and 4385 West Ina Road in Marana, Pima County Tax Identification Number
101-05-007D (the “Bedroxx Property”); and
WHEREAS the Town of Marana agreed in the Bedroxx Development Agreement to
reimburse Spare Time Family Entertainment Center, L.L.C. any sales tax generated from the
Bedroxx Property in excess of $33,000 per fiscal year for ten fiscal years ending June 30, 2013,
and not exceeding the cost of the remodeling and acquisition and installation of the equipment
listed in the agreement; and
WHEREAS Spare Time Family Entertainment Center, L.L.C. agreed in the Bedroxx
Development Agreement to provide one dollar of “Entertainment Credits” for use by the Town
of Marana’s Parks and Recreation Department or in conjunction with public schools in exchange
for each dollar of refunded sales tax; and
WHEREAS the Town of Marana provided a cumulative total of $95,751.36 in refunded
sales tax to Spare Time Family Entertainment Center, L.L.C., under the Bedroxx Development
Agreement; and
WHEREAS the Town of Marana has redeemed a total of $49,747.46 in Entertainment
Credits under the Bedroxx Development Agreement, for various activities including after prom
parties, winter camp, senior bowling, and Special Olympics; and
WHEREAS the Town of Marana has a balance of $46,003.90 in unused Entertainment
Credits under the Bedroxx Development Agreement; and
Regular Council Meeting - February 18, 2014 - Page 387 of 413
Resolution No. 2014-014 - 2 - 2/5/2014 1:55 PM FJC
WHEREAS Spare Time Family Entertainment Center, L.L.C., which held only a
leasehold interest in the Bedroxx Property, filed for Chapter 11 bankruptcy on November 5, 2008
and had its plan of reorganization confirmed on October 2, 2010; and
WHEREAS Bedrock Ina LLC purchased the Bedroxx Property on May 28, 2004; and
WHEREAS neither Beckrock Ina LLC nor the previous owner of the Bedroxx Property
signed the Bedroxx Development Agreement; and
WHEREAS Bedrock Ina LLC is in the process of selling the Bedroxx Property, and the
title report includes reference to the Bedroxx Development Agreement; and
WHEREAS Bedrock Ina LLC contends that it has no obligations under the Bedroxx
Development Agreement for reasons including (i) neither Bedrock Ina LLC nor its predecessor
in interest is a party to the agreement; (ii) Spare Time Family Entertainment Center, L.L.C. filed
bankruptcy, the Town did not file a claim, and the debtor’s obligations were discharged with the
confirmation of its plan of reorganization; and (iii) a final certificate of occupancy was not
obtained prior to January 1, 2004 as required under section 1.1 of the Bedroxx Development
Agreement, rendering it null and void; and
WHEREAS the obligations under the Bedroxx Development Agreement could possibly
be enforceable against Spare Time Family Entertainment Center, L.L.C. or the current owner of
the Bedroxx Property for reasons including (i) the refunded sales tax paid by the Town of
Marana was used for improvements that remain in use by the current owner of the Bedroxx
Property; (ii) the Bedroxx Development Agreement is binding on, among others, “heirs,
successors or assigns”; (iii) the Bedroxx Development Agreement was of record in the office of
the Pima County Recorder at the time Bedrock Ina LLC purchased the property; (iv) the Town of
Marana was not listed as a creditor in the bankruptcy as required by 11 U.S.C. § 521(a)(1)(A),
was not notified of the bankruptcy, and was arguably not discharged per 11 U.S.C.
§ 523(a)(3)(A); and (v) although the certificate of occupancy was not issued until May 7, 2004,
the parties waived any defect by continuing to perform under and honor the terms of the Bedroxx
Development Agreement; and
WHEREAS Town staff has recommended that the Town of Marana clear the Bedroxx
Development Agreement from the Bedroxx Property title for reasons including (i) the cost to
continue arguing about the issue, in light of the relatively small amount in contention; (ii) the
possible validity of one or more of the contentions of Bedrock Ina LLC; and (iii) the desire to
support reinvestment in the Town of Marana and to reap the sales tax and other economic
development benefits of that reinvestment; and
Regular Council Meeting - February 18, 2014 - Page 388 of 413
Resolution No. 2014-014 - 3 - 2/5/2014 1:55 PM FJC
WHEREAS the Mayor and Council find that authorizing Town staff to proceed as
authorized by this Resolution is in the best interest of the Town and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Town Manager is authorized to execute and record
any documentation necessary to remove the 2003 Development Agreement between the Town of
Marana and Spare Time Family Entertainment Center, L.L.C. from the affected property’s title.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18th day of February, 2014.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, February 18, 2014, 7:00 PM
To: Mayor and Council Item A 6
From: John Kmiec, Utilities Director
Strategic Plan Focus Area:
Community
Strategic Plan Focus Area - Additional Information:
Initiative 1: Secure all necessary water resources and infrastructure.
Subject: PUBLIC HEARING: Ordinance No. 2014.005: Relating to Utilities; amending the Town
of Marana comprehensive fee schedule by successively increasing the water base fee, water
consumption rates, and groundwater resource/acquisition fee for all Marana residential and
non-residential water customers effective April 1, 2014, January 1, 2015, January 1, 2016,
and January 1, 2014; and by increasing the monthly wastewater service fee and the
wastewater volume charge for all Marana residential and non-residential wastewater
customers effective April 1, 2014
Resolution No. 2014-015: Relating to Utilities; declaring as a public record filed with the
Town Clerk the amendments adopted by Ordinance No. 2014.005, amending the Town of
Marana comprehensive fee schedule by successively increasing the water base fee, water
consumption rates, and groundwater resource/acquisition fee for all Marana residential and
non-residential water customers effective April 1, 2014, January 1, 2015, January 1, 2016,
and January 1, 2014; and by increasing the monthly wastewater service fee and the
wastewater volume charge for all Marana residential and non-residential wastewater
customers effective April 1, 2014
Discussion:
The Town of Marana Utilities Department has secured the services of Economists.com to conduct a rate
analysis for the Town's water and wastewater rates, rate components, fees and service charges to assure
that they are adequate to fund the Utilities Department for upcoming years. On December 17, 2013,
Economists.com presented the preliminary findings to Mayor & Council. On January 7, 2014, Mayor &
Council adopted a Notice of Intention to increase rates, and set the date and time of tonight's public
hearing for that purpose, to comply with Arizona law (A.R.S. § 9-511.01).
Based on the Economists.com analysis, Town staff is proposing to increase water and wastewater rates
and fees on April 1, 2014, and to again increase water (but not wastewater) rates for three additional
annual cycles after the original adoption -- on January 1, 2015, January 1, 2016, and January 1, 2017.
The proposed water and wastewater rates and fees are listed in the proposed ordinance and in the one-
page "2014 Water & Wastewater Rate Program" spreadsheet attached as backup material to this item.
The Town of Marana water utility does not have any 5" meters, so the former fee relating to 5" meters
has been deleted. Fees have been added for 8", 10", and 12" meters.
Regular Council Meeting - February 18, 2014 - Page 403 of 413
Because of the length of the comprehensive fee schedule revisions, a separate public records resolution
has been prepared and included as part of this item, to save the Town the full cost of publishing the
proposed revisions, assuming they are adopted.
If adopted, the proposed ordinance for this item will implement the recommended water and wastewater
rate increases.
Financial Impact:
This item will allow the Utilities Department to increase revenue necessary to maintain itself an
enterprise utilitiy for budgeting purposes.
ATTACHMENTS:
Name:Description:Type:
Ord 2014.005 Water and wastewater rates revision ordinance
(00036921-3).docx
Ordiance 2014.005 Ordinance
Reso 2014-015 Water and wastewater rate increases
(00036940).docx reso 2014-015 Resolution
2013 12 30 Rate Chart Revised.xls 2014 Water and Wastewater Rate Program sheet Backup Material
Staff Recommendation:
Staff recommends adoption of Ordinance 2014.005, increasing water and wastewater rates and fees
effective April 1, 2014, and further increasing water rates and fees effective January 1, 2015, January 1,
2016, and January 1, 2017, and the adoption of Resolution 2014-015, making the changes a public
record.
Suggested Motion:
I move to adopt Ordinance 2014.005, increasing water and wastewater rates and fees effective April 1,
2014, and further increasing water rates and fees effective January 1, 2015, January 1, 2016, and January
1, 2017, and to adopt Resolution 2014-015, making the changes a public record.
Regular Council Meeting - February 18, 2014 - Page 404 of 413
Ordinance No. 2014.005 - 1 - 2/10/2014 2:57 PM FJC
MARANA ORDINANCE NO. 2014.005
RELATING TO UTILITIES; AMENDING THE TOWN OF MARANA COMPREHENSIVE
FEE SCHEDULE BY SUCCESSIVELY INCREASING THE WATER BASE FEE, WATER
CONSUMPTION RATES, AND GROUNDWATER RESOURCE/ACQUISITION FEE FOR
ALL MARANA RESIDENTIAL AND NON-RESIDENTIAL WATER CUSTOMERS
EFFECTIVE APRIL 1, 2014, JANUARY 1, 2015, JANUARY 1, 2016, AND JANUARY 1,
2014; AND BY INCREASING THE MONTHLY WASTEWATER SERVICE FEE AND THE
WASTEWATER VOLUME CHARGE FOR ALL MARANA RESIDENTIAL AND NON-
RESIDENTIAL WASTEWATER CUSTOMERS EFFECTIVE APRIL 1, 2014
WHEREAS the Town Council finds that increasing the water base fee, water consump-
tion rates, groundwater resource/acquisition fee, monthly wastewater service fee and wastewater
volume charge for all Marana utility residential and non-residential customers is necessary for
self-sustaining water and wastewater utilities and is in the best interests of the Town of Marana.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, AS FOLLOWS:
SECTION 1. The amendments to the Town of Marana comprehensive fee schedule by
successively increasing the water base fee, water consumption rates, and groundwater re-
source/acquisition fee for all Marana residential and non-residential water customers effective
April 1, 2014, January 1, 2015, January 1, 2016, and January 1, 2014; and by increasing the
monthly wastewater service fee and the wastewater volume charge for all Marana residential and
non-residential wastewater customers effective April 1, 2014; three copies of which are on file in
the office of the Town Clerk of the Town of Marana, Arizona; which were made a public record
by and are attached as Exhibit A to Resolution No. 2014-015 of the Town of Marana, Arizona;
are hereby referred to, adopted and made a part of this ordinance as if fully set out here.
SECTION 2. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed as of the effective date of this ordinance; provided, however, that this re-
peal shall not affect the rights and duties that matured or penalties that were incurred and pro-
ceedings that were begun before the effective date of the repeal.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordi-
nance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, the decision shall not affect the validity of the remaining portions of this
ordinance.
SECTION 4. This ordinance is effective on March 21, 2014, but the fee and rate increas-
es are effective on the dates indicated in Section 1 above and in Exhibit A to Town of Marana
Resolution No. 2014-015.
Regular Council Meeting - February 18, 2014 - Page 405 of 413
Ordinance No. 2014.005 - 2 - 2/10/2014 2:57 PM FJC
SECTION 5. The Town’s Manager and staff are hereby directed and authorized to under-
take all other and further tasks required or beneficial to carry out the terms, obligations, and ob-
jectives of this ordinance.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18th day of February, 2014.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regular Council Meeting - February 18, 2014 - Page 406 of 413
Resolution No. 2014-015 2/10/2014 2:30 PM FJC
MARANA RESOLUTION NO. 2014-015
RELATING TO UTILITIES; DECLARING AS A PUBLIC RECORD FILED WITH THE
TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO. 2014.005
AMENDING THE TOWN OF MARANA COMPREHENSIVE FEE SCHEDULE BY
SUCCESSIVELY INCREASING THE WATER BASE FEE, WATER CONSUMPTION
RATES, AND GROUNDWATER RESOURCE/ACQUISITION FEE FOR ALL MARANA
RESIDENTIAL AND NON-RESIDENTIAL WATER CUSTOMERS EFFECTIVE APRIL 1,
2014, JANUARY 1, 2015, JANUARY 1, 2016, AND JANUARY 1, 2014; AND BY
INCREASING THE MONTHLY WASTEWATER SERVICE FEE AND THE
WASTEWATER VOLUME CHARGE FOR ALL MARANA RESIDENTIAL AND NON-
RESIDENTIAL WASTEWATER CUSTOMERS EFFECTIVE APRIL 1, 2014
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to the Town of Marana comprehensive fee sched-
ule, a copy of which is attached to and incorporated in this resolution as Exhibit A and three cop-
ies of which are on file in the office of the Town Clerk, are hereby declared to be a public record
and ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18th day of February, 2014.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regular Council Meeting - February 18, 2014 - Page 407 of 413
EXHIBIT A TO MARANA RESOLUTION NO. 2014-015
Amendments to the Town of Marana comprehensive fee schedule adopted pursuant to Marana
Ordinance No. 2014.005, increasing the water base fee, water consumption rates, groundwater
resource/acquisition fee, monthly wastewater service fee, and wastewater volume charge for all
Marana residential and non-residential utility customers
Resolution No. 2014-015 Exhibit A 2/10/2014 2:30 PM FJC
- 2 -
SECTION 1. The Town of Marana comprehensive fee schedule is hereby amended by
successively increasing the water base fee, water consumption rates, and groundwater re-
source/acquisition fee for all Marana residential and non-residential water utility customers ef-
fective April 1, 2014, January 1, 2015, January 1, 2016, and January 1, 2014, as follows (with
additions shown by double underlining and deletions shown by strikethrough):
Fee/Description Amount Unit of
Measure
Notes
UTILITIES
Water Meter Monthly Base Rate; 5/8" and 3/4" Meter
(effective April 1, 2014)
$15.12
$16.18
Per meter
Water Meter Monthly Base Rate; 5/8" and 3/4" Meter
(effective January 1, 2015)
$17.31 Per meter
Water Meter Monthly Base Rate; 5/8" and 3/4" Meter
(effective January 1, 2016)
$18.18 Per meter
Water Meter Monthly Base Rate; 5/8" and 3/4" Meter
(effective January 1, 2017)
$19.09 Per meter
Water Meter Monthly Base Rate; 3/4" and 1" Fire
Meter (effective April 1, 2014)
$15.12
$16.18
Per meter Rate also applies to
single family resi-
dences that could
have been served by
a 5/8" x 3/4" meter
but for fire suppres-
sion facilities that
make the larger me-
ter necessary.
Water Meter Monthly Base Rate; 3/4" and 1" Fire
Meter (effective January 1, 2015)
$17.31 Per meter
Water Meter Monthly Base Rate; 3/4" and 1" Fire
Meter (effective January 1, 2016)
$18.18 Per meter
Water Meter Monthly Base Rate; 3/4" and 1" Fire
Meter (effective January 1, 2017)
$19.09 Per meter
Water Meter Monthly Base Rate; 1" Meter (effective
April 1, 2014)
$36.72
$39.29
Per meter
Water Meter Monthly Base Rate; 1" Meter (effective
January 1, 2015)
$42.04 Per meter
Water Meter Monthly Base Rate; 1" Meter (effective
January 1, 2016)
$44.14 Per meter
Water Meter Monthly Base Rate; 1" Meter (effective
January 1, 2017)
$46.35 Per meter
Water Meter Monthly Base Rate; 1.5" Meter (effective
April 1, 2014)
$39.96
$42.76
Per meter
Water Meter Monthly Base Rate; 1.5" Meter (effective
January 1, 2015)
$45.75 Per meter
Water Meter Monthly Base Rate; 1.5" Meter (effective
January 1, 2016)
$48.08 Per meter
Water Meter Monthly Base Rate; 1.5" Meter (effective
January 1, 2017)
$50.44 Per meter
Water Meter Monthly Base Rate; 2" Meter (effective
April 1, 2014)
$46.44
$49.69
Per meter
Water Meter Monthly Base Rate; 2" Meter (effective
January 1, 2015)
$53.17 Per meter
Water Meter Monthly Base Rate; 2" Meter (effective
January 1, 2016)
$55.83 Per meter
Regular Council Meeting - February 18, 2014 - Page 408 of 413
EXHIBIT A TO MARANA RESOLUTION NO. 2014-015
Amendments to the Town of Marana comprehensive fee schedule adopted pursuant to Marana
Ordinance No. 2014.005, increasing the water base fee, water consumption rates, groundwater
resource/acquisition fee, monthly wastewater service fee, and wastewater volume charge for all
Marana residential and non-residential utility customers
Resolution No. 2014-015 Exhibit A 2/10/2014 2:30 PM FJC
- 2 -
Fee/Description Amount Unit of
Measure
Notes
Water Meter Monthly Base Rate; 2" Meter (effective
January 1, 2017)
$58 62 Per meter
Water Meter Monthly Base Rate; 3" Meter (effective
April 1, 2014)
$62.64
$67.02
Per meter
Water Meter Monthly Base Rate; 3" Meter (effective
January 1, 2015)
$71.72 Per meter
Water Meter Monthly Base Rate; 3" Meter (effective
January 1, 2016)
$75.30 Per meter
Water Meter Monthly Base Rate; 3" Meter (effective
January 1, 2017)
$79.07 Per meter
Water Meter Monthly Base Rate; 4" Meter (effective
April 1, 2014)
$110.16
$117.87
Per meter
Water Meter Monthly Base Rate; 4" Meter (effective
January 1, 2015)
$126.12 Per meter
Water Meter Monthly Base Rate; 4" Meter (effective
January 1, 2016)
$132.43 Per meter
Water Meter Monthly Base Rate; 4" Meter (effective
January 1, 2017)
$139.05 Per meter
Water Meter Monthly Base Rate; 5" Meter $164.16 Per meter
Water Meter Monthly Base Rate; 6" Meter (effective
April 1, 2014)
$218.16
$233.43
Per meter
Water Meter Monthly Base Rate; 6" Meter (effective
January 1, 2015)
$249.77 Per meter
Water Meter Monthly Base Rate; 6" Meter (effective
January 1, 2016)
$262.26 Per meter
Water Meter Monthly Base Rate; 6" Meter (effective
January 1, 2017)
$275.37 Per meter
Water Meter Monthly Base Rate; 8" Meter (effective
April 1, 2014)
$400.00 Per meter
Water Meter Monthly Base Rate; 8" Meter (effective
January 1, 2015)
$428.00 Per meter
Water Meter Monthly Base Rate; 8" Meter (effective
January 1, 2016)
$449.40 Per meter
Water Meter Monthly Base Rate; 8" Meter (effective
January 1, 2017)
$471.87 Per meter
Water Meter Monthly Base Rate; 10" Meter (effective
April 1, 2014)
$600.00 Per meter
Water Meter Monthly Base Rate; 10" Meter (effective
January 1, 2015)
$642.00 Per meter
Water Meter Monthly Base Rate; 10" Meter (effective
January 1, 2016)
$674.10 Per meter
Water Meter Monthly Base Rate; 10" Meter (effective
January 1, 2017)
$707.81 Per meter
Water Meter Monthly Base Rate; 12" Meter (effective
April 1, 2014)
$950.00 Per meter
Water Meter Monthly Base Rate; 12" Meter (effective
January 1, 2015)
$1,016.50 Per meter
Regular Council Meeting - February 18, 2014 - Page 409 of 413
EXHIBIT A TO MARANA RESOLUTION NO. 2014-015
Amendments to the Town of Marana comprehensive fee schedule adopted pursuant to Marana
Ordinance No. 2014.005, increasing the water base fee, water consumption rates, groundwater
resource/acquisition fee, monthly wastewater service fee, and wastewater volume charge for all
Marana residential and non-residential utility customers
Resolution No. 2014-015 Exhibit A 2/10/2014 2:30 PM FJC
- 3 -
Fee/Description Amount Unit of
Measure
Notes
Water Meter Monthly Base Rate; 12" Meter (effective
January 1, 2016)
$1 067 33 Per meter
Water Meter Monthly Base Rate; 12" Meter (effective
January 1, 2017)
$1,120.69 Per meter
Water Use Charge; Standpipe/Hydrant Meters (Billed
Monthly) (effective April 1, 2014)
$3.43
$3.67
Per 1,000
gallons
Hydrant meter
minimum monthly fee
is $65.00
Water Use Charge; Standpipe/Hydrant Meters (Billed
Monthly) (effective January 1, 2015)
$3.93 Per 1,000
gallons
Water Use Charge; Standpipe/Hydrant Meters (Billed
Monthly) (effective January 1, 2016)
$4.12 Per 1,000
gallons
Water Use Charge; Standpipe/Hydrant Meters (Billed
Monthly) (effective January 1, 2017)
$4.33 Per 1,000
gallons
Water Use Charge; Multi‐family, Commercial,
Industrial, Government and Irrigation Uses
(Monthly) (effective April 1, 2014)
$3.03
$3.24
Per 1,000
gallons
Water Use Charge; Multi‐family, Commercial,
Industrial, Government and Irrigation Uses
(Monthly) (effective January 1, 2015)
$3.47 Per 1,000
gallons
Water Use Charge; Multi‐family, Commercial,
Industrial, Government and Irrigation Uses
(Monthly) (effective January 1, 2016)
$3.64 Per 1,000
gallons
Water Use Charge; Multi‐family, Commercial,
Industrial, Government and Irrigation Uses
(Monthly) (effective January 1, 2017)
$3.82 Per 1,000
gallons
Water Use Charge; Single Family Residences,
Consumption between 0 and 10,000 gallons
(Monthly) (effective April 1, 2014)
$2.46
$2.63
Per 1,000
gallons
Water Use Charge; Single Family Residences,
Consumption between 0 and 10,000 gallons
(Monthly) (effective January 1 2015)
$2.82 Per 1,000
gallons
Water Use Charge; Single Family Residences
Consumption between 0 and 10,000 gallons
(Monthly) (effective January 1, 2016)
$2 96 Per 1 000
gallons
Water Use Charge; Single Family Residences,
Consumption between 0 and 10,000 gallons
(Monthly) (effective January 1, 2017)
$3.11 Per 1,000
gallons
Water Use Charge; Single Family Residences,
Consumption between 10,001 and 20,000 gallons
(Monthly) (effective April 1, 2014)
$3.43
$3.67
Per 1,000
gallons
Water Use Charge; Single Family Residences,
Consumption between 10,001 and 20,000 gallons
(Monthly) (effective January 1, 2015)
$3.93 Per 1,000
gallons
Water Use Charge; Single Family Residences,
Consumption between 10,001 and 20,000 gallons
(Monthly) (effective January 1 2016)
$4.12 Per 1,000
gallons
Water Use Charge; Single Family Residences
Consumption between 10,001 and 20,000 gallons
(Monthly) (effective January 1, 2017)
$4 33 Per 1 000
gallons
Regular Council Meeting - February 18, 2014 - Page 410 of 413
EXHIBIT A TO MARANA RESOLUTION NO. 2014-015
Amendments to the Town of Marana comprehensive fee schedule adopted pursuant to Marana
Ordinance No. 2014.005, increasing the water base fee, water consumption rates, groundwater
resource/acquisition fee, monthly wastewater service fee, and wastewater volume charge for all
Marana residential and non-residential utility customers
Resolution No. 2014-015 Exhibit A 2/10/2014 2:30 PM FJC
- 4 -
Fee/Description Amount Unit of
Measure
Notes
Water Use Charge; Single Family Residences,
Consumption between 20,001 and 30,000 gallons
(Monthly) (effective April 1, 2014)
$4.46
$4.77
Per 1,000
gallons
Water Use Charge; Single Family Residences,
Consumption between 20,001 and 30,000 gallons
(Monthly) (effective January 1, 2015)
$5.11 Per 1,000
gallons
Water Use Charge; Single Family Residences,
Consumption between 20,001 and 30,000 gallons
(Monthly) (effective January 1, 2016)
$5.36 Per 1,000
gallons
Water Use Charge; Single Family Residences,
Consumption between 20,001 and 30,000 gallons
(Monthly) (effective January 1, 2017)
$5.63 Per 1,000
gallons
Water Use Charge; Single Family Residences,
Consumption between 30,001 and 40,000 gallons
(Monthly) (effective April 1, 2014)
$5.50
$5.89
Per 1,000
gallons
Water Use Charge; Single Family Residences,
Consumption between 30,001 and 40,000 gallons
(Monthly) (effective January 1, 2015)
$6.30 Per 1,000
gallons
Water Use Charge; Single Family Residences,
Consumption between 30,001 and 40,000 gallons
(Monthly) (effective January 1, 2016)
$6.61 Per 1,000
gallons
Water Use Charge; Single Family Residences,
Consumption between 30,001 and 40,000 gallons
(Monthly) (effective January 1, 2017)
$6.94 Per 1,000
gallons
Water Use Charge; Single Family Residences,
Consumption over 40,000 gallons (Monthly)
(effective April 1, 2014)
$7.90
$8.45
Per 1,000
gallons
Water Use Charge; Single Family Residences,
Consumption over 40,000 gallons (Monthly)
(effective January 1, 2015)
$9.04 Per 1,000
gallons
Water Use Charge; Single Family Residences,
Consumption over 40,000 gallons (Monthly)
(effective January 1 2016)
$9.50 Per 1,000
gallons
Water Use Charge; Single Family Residences
Consumption over 40,000 gallons (Monthly)
(effective January 1, 2017)
$9 97 Per 1 000
gallons
Groundwater Resource/Acquisition Fee (effective
April 1, 2014)
$0.40
$0.43
Per 1,000
gallons
Groundwater Resource/Acquisition Fee (effective
January 1, 2015)
$0.46 Per 1,000
gallons
Groundwater Resource/Acquisition Fee (effective
January 1, 2016)
$0.48 Per 1,000
gallons
Groundwater Resource/Acquisition Fee (effective
January 1, 2017)
$0.50 Per 1,000
gallons
SECTION 2. The Town of Marana comprehensive fee schedule amended pursuant to
Section 1 of this ordinance is hereby further amended by increasing the wastewater monthly ser-
vice fee and wastewater volume charge for all Marana residential and non-residential wastewater
Regular Council Meeting - February 18, 2014 - Page 411 of 413
EXHIBIT A TO MARANA RESOLUTION NO. 2014-015
Amendments to the Town of Marana comprehensive fee schedule adopted pursuant to Marana
Ordinance No. 2014.005, increasing the water base fee, water consumption rates, groundwater
resource/acquisition fee, monthly wastewater service fee, and wastewater volume charge for all
Marana residential and non-residential utility customers
Resolution No. 2014-015 Exhibit A 2/10/2014 2:30 PM FJC
- 5 -
utility customers effective April 1, 2014 as follows (with additions shown by double underlining
and deletions shown by strikethrough):
Fee/Description Amount Unit of
Measure
Notes
UTILITIES
Wastewater Monthly Service Fee $11.86
$12.63
Per water
meter
Wastewater Volume Charge $4.28
$4.71
Per 1,000
gallons
SECTION 3. Fees set forth in the Town of Marana comprehensive fee schedule and not
revised by this ordinance remain in effect and are unaffected by this ordinance
Regular Council Meeting - February 18, 2014 - Page 412 of 413
Current Proposed
Apr-14 Jan-15 Jan-16 Jan-17
Water
Groundwater Resource/Acquisition Fee 0.40$ 0.43$ 0.46$ 0.48$ 0.50$
Monthly Service Charge
5/8" Meter 15.12$ 16.18$ 17.31$ 18.18$ 19.09$
1" Meter 36.72$ 39.29$ 42.04$ 44.14$ 46.35$
1.5" Meter 39.96$ 42.76$ 45.75$ 48.04$ 50.44$
2" Meter 46.44$ 49.69$ 53.17$ 55.83$ 58.62$
3" Meter 62.64$ 67.02$ 71.72$ 75.30$ 79.07$
4" Meter 110.16$ 117.87$ 126.12$ 132.43$ 139.05$
6" Meter 218.16$ 233.43$ 249.77$ 262.26$ 275.37$
8" Meter na 400.00$ 428.00$ 449.40$ 471.87$
10" Meter na 600.00$ 642.00$ 674.10$ 707.81$
12" Meter na 950.00$ 1,016.50$ 1,067.33$ 1,120.69$
Monthly Consumption Rate
0-10,000 Gallons 2.46$ 2.63$ 2.82$ 2.96$ 3.11$
10,001 - 20,000 Gallons 3.43$ 3.67$ 3.93$ 4.12$ 4.33$
20,001 - 30,000 Gallons 4.46$ 4.77$ 5.11$ 5.36$ 5.63$
30,001 - 40,000 Gallons 5.50$ 5.89$ 6.30$ 6.61$ 6.94$
Over 40,001 Gallons 7.90$ 8.45$ 9.04$ 9.50$ 9.97$
Multi-Family 3.03$ 3.24$ 3.47$ 3.64$ 3.82$
Commercial 3.03$ 3.24$ 3.47$ 3.64$ 3.82$
Government 3.03$ 3.24$ 3.47$ 3.64$ 3.82$
Standpipe/Irrigation 3.43$ 3.67$ 3.93$ 4.12$ 4.33$
Wastewater Current Proposed
Apr-14
Monthly Service Charge 11.86$ 12.63$
Volume per 1,000 Gallons 4.28$ 4.71$
2014 Water & Wastewater Rate Program
Regular Council Meeting - February 18, 2014 - Page 413 of 413