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HomeMy WebLinkAboutRegular Council Meeting Packet 04-03-2018 Marana Regular Council Meeting 04/03/2018Page 1 of 190 Marana Regular Council Meeting 04/03/2018Page 2 of 190 Marana Regular Council Meeting 04/03/2018Page 3 of 190 Marana Regular Council Meeting 04/03/2018Page 4 of 190 Marana Regular Council Meeting 04/03/2018Page 5 of 190 Marana Regular Council Meeting 04/03/2018Page 6 of 190 Marana Regular Council Meeting 04/03/2018Page 7 of 190 Marana Regular Council Meeting 04/03/2018Page 8 of 190 Marana Regular Council Meeting 04/03/2018Page 9 of 190 Marana Regular Council Meeting 04/03/2018Page 10 of 190 Marana Regular Council Meeting 04/03/2018Page 11 of 190 Marana Regular Council Meeting 04/03/2018Page 12 of 190 Marana Regular Council Meeting 04/03/2018Page 13 of 190 MARANA RESOLUTION NO. 2018-026 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE SECOND SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND THE TOWN OF ORO VALLEY TO ACCOMMODATE ORO N OF A PORTION OF SHANNON ROAD AS PART OF THE DESIGN AND CONSTRUCTION OF ROADWAY IMPROVEMENTS TO TANGERINE ROAD DOVE MOUNTAIN BOULEVARD/TWIN PEAKS ROAD TO LA CAÑADA DRIVE WHEREAS the Town of Marana has entered into intergovernmental agreements Sequence 20131570430 and on October 21, 2015, at Sequence 20152940571 (th -of-way acquisition, and construction of improvements to Tangerine Road Twin Peaks Road to La Cañada Drive (the WHEREAS the Town of Marana has been identified by the RTA as the Lead Agency for the Project and is responsible for all aspects of project implementation, including construction; and WHEREAS the Town of Marana, the Town of Oro Valley, and Pima County entered into an intergovernmental agreement for the design and construction of the 20132270883, to coordinate and facilitate the design and construction of the Project WHEREAS the Town of Marana and the Town of Oro Valley entered into a Supplemental Intergovernmental Agreement pursuant to Marana Resolution No. 2015-079 dated August 4, 2016, to facilitate the addition of certain Oro Valley utility infrastructure modifications to Marana Project ST021, Tangerine Road Dove Mountain Boulevard/Twin Peaks Road to the Project to be constructed by the Project contractor, administered by the Town of Marana, and paid for by the Town of Oro Valley; and WHEREAS the Town of Oro Valley now desires to further take advantage of the economies of scale and to avoid potential construction conflicts by having the Project contractor construct certain Shannon Road improvements at the Town of cost as part of the Project; and WHEREAS the Mayor and Council of the Town of Marana find this resolution to be in the best interests of Marana and its citizens. 00056378.DOCX /1 Marana Resolution No. 2018-026 - 1 - 3/7/2018 9:03 AM Marana Regular Council Meeting 04/03/2018Page 14 of 190 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that Second Supplemental Intergovernmental Agreement between the Town of Marana and the Town ofOro Valley to Accommodate Oro Design and Construction of Roadway Improvements to Tangerine Road Dove Mountain Boulevard/Twin Peaks Road to La Cañada Driveattached to this resolution as Exhibit Ais hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of April, 2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00056378.DOCX /1 Marana Resolution No. 2018-026 - 2 - 3/7/2018 9:03 AM Marana Regular Council Meeting 04/03/2018Page 15 of 190 SECOND SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENTBETWEEN THE TOWN OF MARANAAND THETOWNOFORO VALLEY TO ACCOMMODATE OROVALLEYPORTION OF SHANNON ROAD AS PART OF THE DESIGN AND CONSTRUCTION OF ROADWAY IMPROVEMENTS TO TANGERINE ROAD DOVE MOUNTAIN BOULEVARD/TWIN PEAKS ROAD TOLA CAÑADA DRIVE nd This second supplemental intergovernmental agreement (this2Supp TOM/OV IGA is entered into by and betweenthe T OWN OF M ARANA Marana,an Arizona municipal corporation,and the T OWN OF O RO V ALLEY . Maranaand Oro Valley either of which is sometimes R ECITALS A.Marana has entered into intergovernmental agreements with the Regional Transportation June 6, 2013, at Sequence 20131570430 and on October design, right-of-way acquisition, and construction of improvements to Tangerine Road Twin Peaks Roadto La Cañada Drive (t B.Marana has been identified by the RTA as the Lead Agency for the Project and is responsible for all aspects of project implementation, including construction. C.The Parties and Pima County entered into an intergovernmental agreement for the design and and facilitate the design and construction of the Project. D.The Local Gove Number-TR-140000000000000000016 Amendment No. 01), which was not recorded, but simply modified paragraph 9 (Contractor Selection) to allow been procured to construct the Projectin accordance with the selection process set forth in the Local Governments Tangerine IGA as modified by Amendment Number1; and the Project Contractor is currently constructing the Project. E.The PartiesIntergovernmental Agreementbetween the Town of Maranaand the Town of Oro Valley to Accommodate Oro Valley Water Utility Work as part 00056375.DOCX /1-1-3/7/2018 8:39 AM Marana Regular Council Meeting 04/03/2018Page 16 of 190 of the Design and Construction of Roadway Improvements to Tangerine Road Dove Mountain Boulevard/Twin Peaks Road To La Cañada Drive st Valley on July 2, 2015, and signed b1Supp TOM/OV nd F.The Parties now desire to enter into this 2Supp TOM/OV IGA to accommodate Oro connecting to the TangerineRoad improvements being constructed as part of the Project. nd G.This 2Supp TOM/OV IGA allows Oro Valley to take advantage of the economies of scale and to avoid potential construction conflicts by adding Oro Valley modifications to the Project, to be constructed by the Project Contractor, administered by Marana, and paid for by Oro Valley. H.The Parties are authorized to contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S.§ 11-952, et seq. A GREEMENT N OW,THEREFORE,based on the foregoing recitals, which are incorporated by reference here, and in consideration of the matters and things set forth in this 2nd Supp TOM/OV IGA, the Parties hereby agree as follows: nd 1.Purpose.This 2Supp TOM/OV IGAis intended as a supplement to the RTA Tangerine Design/ROW IGA, the RTA Tangerine Construction IGA, the Local Governments Tangerine st IGA as modified by Amendment Number1, and the 1Supp TOM/OVIGA (collectively the only those Oro Valley Shannon Road nd modifications added to the Project pursuant to this 2Supp TOM/OV IGA. 2.Expansion of the Project.The scope of the Project shall be expanded to include modifications to Shannon Road south of Tangerine Road described indetail in ExhibitA attached to and incorporated by this reference in this 2nd Supp TOM/OV IGAand referred to in this 2nd Supp TOM/OV IGAShannon Road Work 3.responsibilities.Oro Valley shall: 3.1.Provide and pay for the design of the Shannon Road Work, including related survey services including As Built plans upon completion of the work. 3.2.Coordinate with Psomas, the design engineering firm for the Project, for incorporation of the Shannon Road Workdesign/plans into the Tangerine Corridor project plans. 3.3.Provide and pay for all permitting necessary for the Project Contractor to construct the Shannon Road Work. 3.4.Timely review and, if acceptable to Oro Valley, authorize Marana to execute a Project Guaranteed Maximum Price with the Project Contractor for the installation and construction of the Shannon Road Work. 00056375.DOCX /1-2-3/7/2018 8:39 AM Marana Regular Council Meeting 04/03/2018Page 17 of 190 3.5.Inspect the Shannon Road Workfor compliance with all applicable regulations, statutes, and standards. 3.6.Pay for the construction of the Shannon Road Workperformed by the Project Contractor by payingwithin 30 days of receipt from Marana each invoice for construction costs associated with the Shannon Road Work. 4.Marana shall: 4.1.Negotiate and, if authorized by Oro Valley pursuant to paragraph 3.4 above, execute a Project Guaranteed Maximum Pricewith the Project Contractor for the construction of the Shannon Road Work associated with the Shannon Road Work. 4.2.Coordinate construction inspection for the Project with Oro Valley to facilitate Oro Shannon Road Workin accordance with paragraph3.5 above. 4.3.Invoice Oro Valley for costs of the Shannon Road Workas the Project Contractor submits payment applications that includethe Shannon Road Work. 4.4.Provide As Built files in AutoCADand PDF form to Oro Valley upon completion of the Shannon Road Work. 4.5.Use its best efforts to minimize change orders that increase the cost of the Shannon Road Work. 5.Effective date; term.This 2nd Supp TOM/OV IGAshall become effective when it has been signed by the last Party and shall continue in effect until the sixth anniversary of final payment to the Project Contractor. 6.Interpretationof this 2nd Supp TOM/OV IGA. 6.1.Entire agreement. This instrument constitutes the entire agreement between the Parties pertaining to the subject matter of this 2nd Supp TOM/OV IGA, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged in this 2nd Supp TOM/OVIGA. 6.2.Exhibits. Any exhibits to this 2nd Supp TOM/OV IGAare incorporated in this 2nd Supp TOM/OV IGAby this reference. 6.3.Amendment.This 2nd Supp TOM/OV IGAmay be modified, amended, altered or changed only bywritten agreement signed by both Parties. 6.4.Construction and interpretation. All provisions of this 2nd Supp TOM/OV IGAshall be construed to be consistent with the intention of the Parties as expressed in the Recitals section ofthis 2nd Supp TOM/OV IGA. 6.5.Severability.A declaration by statute or judicial decision that any provision of this 2nd Supp TOM/OV IGAis invalid or void shall have no effect on other provisions that can be given effect without the invalid or void provision, and to this extent the provisions of this 2nd Supp TOM/OV IGAare severable.Ifany provision of this 2nd Supp TOM/OV IGA 00056375.DOCX /1-3-3/7/2018 8:39 AM Marana Regular Council Meeting 04/03/2018Page 18 of 190 is declared invalid or void, the Parties agree to meet promptly in an attempt to reach an agreement on a substitute provision. 6.6.Conflict of interest. This 2nd Supp TOM/OV IGAis subject to the provisions of A.R.S. §38-511, which provides for cancelation in certain instances involving conflicts of interest. 7.Legal Jurisdiction.Nothing in this 2nd Supp TOM/OV IGAshall be construed as either limiting or extending the legal jurisdiction of the Parties. 8.No Joint Venture.It is not intended by this 2nd Supp TOM/OV IGAto, and nothing contained in this 2nd Supp TOM/OV IGAshall be construed to, create any partnership, joint venture or employment relationship between the Parties or create any employer-employee relationship between employees. NoParty shall be liable for any debts, accounts, obligations or other liabilities whatsoever of another Party, including (without limitation) another Partys obligation to withhold Social Security and income taxes for itself or any of its employees. 9.No Third Party Beneficiaries. Nothing in the provisions of this 2nd Supp TOM/OV IGAis intended to create duties or obligations to or rights in third parties not parties to this 2nd Supp TOM/OV IGAor to affect the legal liability of either Party by imposing any standard of care different from the standard of care imposed by law. 10.Compliance with Laws.The Parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this 2nd Supp TOM/OV IGA. 10.1.Anti-Discrimination. The provisions of A.R.S. §41-1463 and Executive Order Number 99-4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this 2nd Supp TOM/OV IGA. 10.2.Americans with Disabilities Act.This 2nd Supp TOM/OV IGAis subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 10.3.Compensation. An employee of eitherParty shall be deemed to be an this 2nd Supp TOM/OV IGA, for purposes of A.R.S. §23- Compensation laws.The primary employer shall be solely liable for any workers compensation benefits, which may accrue. Each Party shall post a notice pursuant to the provisions of A.R.S. §23-1022(E) in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the p 00056375.DOCX /1-4-3/7/2018 8:39 AM Marana Regular Council Meeting 04/03/2018Page 19 of 190 11.Waiver.Waiver by either Party of any breach of any term, covenant or condition of this 2nd Supp TOM/OV IGAshall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or anyother term, covenant, or condition of this 2nd Supp TOM/OV IGA. 12.Force Majeure.A party shall not be in default under this 2nd Supp TOM/OV IGAif it does not fulfill any of its obligations under this 2nd Supp TOM/OV IGAbecause it is prevented or delayed i shall mean, for the purpose of this 2nd Supp TOM/OV IGA, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgatedby the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 13.Notification.All notices or demands upon any party to this 2nd Supp TOM/OV IGAshall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: To Marana:To Oro Valley: T OWN OF M ARANA T OWN OF O RO V ALLEY Town EngineerTown Engineer 11555 W. Civic Center Dr.11000 N. La Cañada Dr. Marana, Arizona 85653Oro Valley, Arizona 85737 14.Remedies.AnyParty may pursue any remedies provided by law for the breach of this 2nd Supp TOM/OV IGA. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this 2nd Supp TOM/OV IGA. 15.Counterparts.This 2nd Supp TOM/OV IGAmay be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterpartsmay be removed and attached to a single instrument. 00056375.DOCX /1-5-3/7/2018 8:39 AM Marana Regular Council Meeting 04/03/2018Page 20 of 190 I N WITNESS WHEREOF, the Parties have executed this 2nd Supp TOM/OV IGAas of the last signature date below. T OWN OF M ARANA T OWN OF O RO V ALLEY Ed Honea, MayorSatish Hiremath, Mayor Date: ___________________Date: __________________ A TTEST:A TTEST: Town ClerkTown Clerk I NTERGOVERNMENTAL A GREEMENT D ETERMINATION The foregoing intergovernmental agreement betweenthe T OWN OF M ARANA and the T OWN OF O RO V ALLEY has been reviewed pursuant to A.R.S. §11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to theParty to this intergovernmental agreement represented by the undersigned. T OWN OF M ARANA:T OWN OF O RO V ALLEY: Town AttorneyTown Attorney Date: ___________________Date: __________________ 00056375.DOCX /1-6-3/7/2018 8:39 AM Marana Regular Council Meeting 04/03/2018Page 21 of 190 Exhibit A to Second Supplemental Marana/Oro Valley IGA Marana Regular Council Meeting 04/03/2018Page 22 of 190 Marana Regular Council Meeting 04/03/2018Page 23 of 190 Marana Regular Council Meeting 04/03/2018Page 24 of 190 MARANA RESOLUTION NO. 2018-027 RELATING TO REAL ESTATE; ABANDONING CERTAIN PUBLIC RIGHT-OF-WAY OF HULSE AVENUE, GLADDEN STREET, AND AN UNNAMED ALLEY WITHIN THE AMENDED ADDITION SUBDIVISION PLAT WHEREAS The Amended Addition subdivision plat was recorded in the Pima County Recorder's office on March 20, 1962 at Book 16 of Maps and Plats, page 18; and WHEREAS the Town has received a request from the abutting property owner to abandon certain public right-of-way of Hulse Avenue, Gladden Street, and an unnamed alley within the Amended Addition subdivision plat; and WHEREAS , and the Mayor and Council accepts, that the right-of-way is not currently being utilized for and is not need- ed for public right-of-way purposes; and WHEREAS the Mayor and Council determines that the public right-of-way should be abandoned at no cost because (i) it is of no monetary value due to its degree of fragmentation and marketability; (ii) the right-of-way was dedicated to the public by at no cost; and (iii) the abutting property owner dedicated public right-of-way to the Town at no cost for the Marana Road Realignment Project, Marana Project No. ST044, which ment A-- ther fragments the right-of-way being abandoned. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The Town of Marana hereby abandons that certain public right-of-way of Hulse Avenue, Gladden Street, and an unnamed alley within the Amended Addition subdivision plat as more particularly described in Exhibit A and depicted in Exhibit A-1 and Exhibit A-2 attached to and incorporated into this resolution by this reference. 00056793.DOCX /1 Marana Resolution No. 2018-027 - 1 - 3/28/2018 9:58 PM Marana Regular Council Meeting 04/03/2018Page 25 of 190 Section 2. The Town Engineer is authorized to execute a quit claim deed of abandonment and the Town Manager and staff are authorized to do all other acts nec- essary to carry out this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN rd OF MARANA, ARIZONA, this 3 day of April, 2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00056793.DOCX /1 Marana Resolution No. 2018-027 - 2 - 3/28/2018 9:58 PM Marana Regular Council Meeting 04/03/2018Page 26 of 190 Marana Regular Council Meeting 04/03/2018Page 27 of 190 Marana Regular Council Meeting 04/03/2018Page 28 of 190 Marana Regular Council Meeting 04/03/2018Page 29 of 190 Marana Regular Council Meeting 04/03/2018Page 30 of 190 Marana Regular Council Meeting 04/03/2018Page 31 of 190 Marana Regular Council Meeting 04/03/2018Page 32 of 190 Marana Regular Council Meeting 04/03/2018Page 33 of 190 MARANA RESOLUTION NO. 2018-028 RELATING TO DEVELOPMENT; APPROVING AFINAL PLAT FOR CORTARO RANCH LOTS 293A THROUGH 294BLOCATED NORTH OF CORTARO FARMS ROAD AND WEST OF CERIUS STRAVENUE WHEREAS, on September 17, 1996,the Marana Town Council adopted Resolution No. 96-81, approving a final plat for Cortaro Ranch, Lots 1-297,located north of Cortaro Farms Road and west of Cerius Stravenue within a portion of Section 26, Township 12South and Range 12East; and WHEREAS Beck Consulting Engineers, Inc., on behalf of Caddis Bridge,LLC,has applied for approval of aFinal Plat for Cortaro Ranch Lots 293A through 294B, a5-lot commercial resubdivision of Lots 293and 294of Cortaro Ranch Lots 1-297 andCommon Area A; and WHEREAS the Marana Town Council, at the regularlyscheduled meeting on April 3, 2018,determined that the Final Plat forCortaro Ranch Lots 293A through 294B should be approved. NOW, THEREFORE, BE ITRESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Final Plat forCortaro Ranch Lots 293A through 294Bis hereby by approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, rd this 3day of April 2018. Mayor Ed Honea ATTEST:APPROVED AS TO FORM: Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney Marana Resolution No. 2018-0283/19/20188:30AMBDV Marana Regular Council Meeting 04/03/2018Page 34 of 190 Marana Regular Council Meeting 04/03/2018Page 35 of 190 Marana Regular Council Meeting 04/03/2018Page 36 of 190 Town of Marana Planning PRV1802-001: Cortaro Ranch Lots 293A through 294B Legend Marana Town Limits Parcels (Black) 1:9,027 Notes PRV1802-001: Cortaro Ranch Lots 293A 00.140.3Miles 0.3 This map is a user generated static output from an Internet mapping site and is for through 294B reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. WGS_1984_Web_Mercator_Auxiliary_Sphere © Latitude Geographics Group Ltd.Marana Regular Council Meeting 04/03/2018 THIS MAP IS NOT TO BE USED FOR NAVIGATION Page 37 of 190 Marana Regular Council Meeting 04/03/2018Page 38 of 190 Marana Regular Council Meeting 04/03/2018Page 39 of 190 Marana Regular Council Meeting 04/03/2018Page 40 of 190 MARANA RESOLUTION NO. 2018-029 RELATING TO ELECTIONS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY, ON BEHALF OF THE PIMA COUNTY RECORDER, FOR ELECTION SERVICES ELECTION WHEREAS pursuant to A.R.S. § 16-204(E) the Town of Marana will prepare for and conduct a Primary Election on August 28, 2018, and, if necessary, a General Election on November 6, 2018; and WHEREAS A.R.S. §§ 16-205(C), 16-172, 16-405 et seq., 16-450, 11-251(3), and 11-951 et seq. authorize the County to perform services for any political subdivision regarding elections; and WHEREAS the Town desires to use the Pima County registration rolls and other election-related services provided by the Recorder for its elections; and WHEREAS the Town Council finds that entering into an intergovernmental agreement with the Pima County Recorder for election services is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: the intergovernmental agreement between the Town of Marana and Pima County, on behalf of the Pima County Recorder, for election services attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana, and the to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. Marana Resolution No. 2018-029 Marana Regular Council Meeting 04/03/2018Page 41 of 190 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of April, 2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2018-029 Marana Regular Council Meeting 04/03/2018Page 42 of 190 Exhibit A to Marana Resolution No. 2018-029 PIMA COUNTY RECORDER 2018E LECTION S ERVICES WITH THE T OWN OF M ARANA ESTIMATED INCOME: $7,000.00 FUNDING:The Town of Marana * estimatedfor bothelectionswithin this IGA (STAMP HERE) INTERGOVERNMENTAL AGREEMENT For Election Services Among The Town of Maranaand Pima County This Intergovernmental Agreement (IGA) is by and among THE TOWN OF MARANAOF PIMA COUNTY, ARIZONA, a municipal corporationTOWN a political subd R E C I T A L S 1.The Town, pursuant to A.R.S. § 16-204(E) will prepare for and conduct two elections: a Primary Election to be held onAugust 28, 2018; and a General Election to be held on November 6, 2018if necessary for members of its common council. 2.A.R.S. §§16-205(C), 16-172, 16-405et seq., 16-450, 11-251(3), and 11-951et seq.authorize the County to perform services for any political subdivision regarding elections. 3.The TOWNdesires to utilize the Pima County registration rolls and other election-related services provided by the Recorder for the Primary Election to be held on August 28, 2018and a General Election to be held on November 6, 2018for members of its common council. 4.The TOWN, the County and the Recorder have determined that it is in the best interest of the public for the TOWNto use the services of the Recorder in conducting the elections called forAugust 28, 2018 andNovember 6, 2018. NOW, THEREFORE, the parties hereto agree as follows: The purpose of this IGA is to set forth the duties and responsibilities of the Recorder and the TOWNwith respect to the August 28, 2018andNovember 6, 2018elections to be held by the TOWNof Marana. ARTICLE I -TERM AND EXTENSION/RENEWAL/CHANGES The term of this IGA shall be from May 15,2018through completion of all obligations and activities associated with the August 28, 2018andNovember 6, 2018elections contemplated by this IGA, provided that the term shall Marana Regular Council Meeting 04/03/2018Page 43 of 190 Exhibit A to Marana Resolution No. 2018-029 continue through final resolution of any legal challenge to the election. Any modifications or time extension of this IGA shall be by formal written amendment and executed by the parties. ARTICLE II SCOPE OF SERVICES This Agreementestablishes the agreement under which the County will provide the TOWNwith Electionservices in accordance with the following: County Recorder Services: The Recorder shall: (1)For the Primary election on August 28, 2018,all Maranavoters who are members of a recognized political party and are on the Permanent Early Voting List (PEVL) will receive a normal primary ballot that will include all of the Maranacandidates. (2)For the Primary election on August 28, 2018,all Maranavoters who are not affiliated with one of the recognized political parties and are on the PEVL will have the option of choosing one of the following: a. any of the partisan ballots that will include all of the Maranacandidates. b. a ballot that will have ONLY the Maranacandidates on it. (3)All non-affiliated PEVL voters from Maranawill receive a special 90-day notice letting them know their options for the Primary election. (4)Provide Deputy County Recorders for team early voting when necessary for MaranaONLY voters during the Primary election on August 28, 2018and give the TOWNnotice of each request for team early voting. (5)Prepare and deliver a single invoice to the TOWNno later than 21 days after the final election date, containing a detailed breakdown of all Recorder costs for these elections. TOWNObligations:TOWNshall: (1)Notify the Recorder in writing, at least 120 days or at such other time as the parties may agree before any consolidated election date on which the TOWNwants services pursuant to this IGA, detailing the election-related services pursuant to this IGA. (2)Prepare and distribute any requisite translation, printing, and mailing of all publicity pamphlets. (3)Should the election be challenged or questioned for any reason whatsoever, then the TOWN shall be solely responsible for defending, legally or otherwise, said elections. This duty shall survive the expiration of the IGA, provided that the County shall cooperate with the TOWNin making relevant information and witnesses available upon reasonable request. (4)Within 30 days of the date of each invoice, the TOWNshall reimburse the County, in full, for invoiced costs of election materials, supplies and equipment, and personnel required in direct support of the TOWNelection, as set forth below. (5)Be responsible for the security of all ballots tabulated by officials and vendors other than Pima TOWNor its outside vendors comply with applicable law and procedures of the Secretary of State. Marana Regular Council Meeting 04/03/2018Page 44 of 190 Exhibit A to Marana Resolution No. 2018-029 (6)Arrange for and publish any and all notices of this election as required by law. ARTICLE III COMPENSATION AND PAYMENT Within thirty (30) days of the date of invoice,TOWNwill pay the Pima County Recorder: (1)The following charges in item #1 will only apply to any Primary Election ballots provided to unaffiliated MaranaVoters who request aMaranaONLY ballot: a. Permanent Early Voting List (PEVL) Ballots$3.00 each b. Non-PEVL ballot requests$5.75 each c. Early Ballot Signature verification$0.75 each d. Satellite Ballots$2.00 each e. Replacement Ballots By Mail$3.00 each f. Provisional Ballots$16.00 each g. Conditional Provisional Ballots$6.00 each h. Team Voting $60.00 per request i. Problem Ballots includes calling the voter, sending them a letter$6.00 each (2)Consolidated Election Participation Fee per active voterfor each election$0.10each (3)Voter Registration Maintenance Fee-for each election Per Active Voter$0.05 Per Inactive Voter$0.05 (4)Computer programming as required for additional voter data at $50.00 per hour, one hour minimum. (5)Any other costs associated with services provided for the conduct of the Election(s), as set forth in Pima County Fee Ordinance 2016-10which is attachedhereto as Exhibit A. (6)Invoices not paid within 30 days of billing date will accrue interest at the rate of 10% per annum. ARTICLE IV INSURANCE All parties to this agreement are government entities. Neither entity is required to procure special insurance coverage for their obligations under this IGA. ARTICLE V -INDEMNIFICATION Each party (as Indemnitor) agrees to indemnify, defend and hold harmless the other party (as Indemnitee) from rson (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. Marana Regular Council Meeting 04/03/2018Page 45 of 190 Exhibit A to Marana Resolution No. 2018-029 ARTICLE VI -COMPLIANCE WITH LAWS The parties shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court in Pima County. Any changes in the governing laws, rules and regulations during the terms of this Agreement shall apply but do not require an amendment. ARTICLE VII WORKERS COMPENSATION Each party shall comply with the notice of A.R.S. § 23-1022(E). For purposes of A.R.S. § 23-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and such party shall have the sole responsibility of the mpensation benefits or other fringe benefits of said employees. ARTICLE VIII-ASSIGNMENT The TOWNshall not assign its rights to this Agreement, in whole or in part, without prior written approval of the COUNTY. Approval may be withheld at the sole discretion of COUNTY, provided that such approval shall not be unreasonably withheld. ARTICLE IX-NON-DISCRIMINATION The TOWNshall not discriminate against any County employee, client or any other individual in any way creed, color, religion, sex, disability or national origin in the course of carrying out duties pursuant to this IGA. The TOWNshall comply with the provisions of Executive Order 2009- 09, including flow down of all provisions and requirements to any subcontractors.Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive Order 75-5 and may be viewed and downloaded at the http://www.azgovernor.gov/dms/upload/EO_2990_90.pdfwhich is hereby incorporated into this Agreement by reference, as if set forth in full herein. . ARTICLE X -AMERICANS WITH DISABILITIES ACT The parties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101- 336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 C.F.R.Parts 35 and 36. ARTICLE XI -AUTHORITY TO CONTRACT No party warrants to any other party its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that any party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall be null and void, and no recovery may be had by any party against the other for lack of performanceor otherwise. ARTICLE XII -FULL AND COMPLETE PERFORMANCE The failure of either party to insist on one or more instances upon the full and complete performance with any of the terms or conditions of this Agreementto be performed on the part of the other, or to take any action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the right to insist upon full Marana Regular Council Meeting 04/03/2018Page 46 of 190 Exhibit A to Marana Resolution No. 2018-029 and complete performance of the same, or any other covenant or condition, either in the past or in the future. The acceptance by either party of sums less than may be due and owing it at any time shall not be construed as an accord and satisfaction. ARTICLE XIII-CANCELLATION FOR CONFLICT OF INTEREST This Agreementis subject to cancellation for conflict of interest pursuant to A.R.S.§38-511, the pertinent provisions of which are incorporated into this Agreementby reference. ARTICLE XIVTERMINATION FOR NON-APPROPRIATION Notwithstanding any other provision in this IGA, this IGA may be terminated if for anyreason the County Board of Supervisors or the MaranaTown Councildoes not appropriate sufficient monies for the purpose of maintaining this IGA.In the event of such cancellation, neither the County, nor the County Recorder shall have any further obligation to the TOWN.In the event that the TOWN cancels, the TOWN shall be liable for any costs already incurred by the County or the County Recorder at the time of the notification of the cancellation. ARTICLE XV -NOTICE Any notice required or permitted to be given under this Agreementshall be in writing and shall be served by personal delivery or by certified mail upon the other party as follows: PIMA COUNTYTOWN OF MARANA F. Ann RodriguezJocelyn Bronson, Pima County RecorderTown Clerk 240 N StoneAvenue11555 W. Civic Center Dr. Tucson, AZ 85701Marana, AZ 85743 (520) 724-4356(520) 382-1960 Fax: (520) 623-1785Fax: (520) 382-1998 ARTICLE XVI NO THIRD PARTY BENEFICIARIES Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA, or affect the legal liability of any party to the IGA by imposing any standard of care different from the standard of care imposed by law. ARTICLE XVII NO JOINT VENTURE This IGA is not intended to, and this IGA shall not be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between County or Recorder and any TOWNemployees, or between the TOWNand any County employees. No party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of any other party, including (without e taxes for itself or any of its employees. ARTICLE XVIII-REMEDIES Marana Regular Council Meeting 04/03/2018Page 47 of 190 Exhibit A to Marana Resolution No. 2018-029 Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or at equity or by virtue of this Agreement. ARTICLE XIXTERMINATION FOR CONVENIENCE Either party may terminate this IGA at any time by giving written notice of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In the event of termination, any real or personal property belonging to either party and furnished pursuant to this IGA, shall be returned to the furnishing party. Any funds of TOWNpaid to County in accordance with this IGA and not encumbered at the time of termination shall be refunded to TOWN. ARTICLE XXLEGAL ARIZONA WORKERS ACT COMPLIANCE The COUNTY and TOWNhereby warrant that theywill at all times during the term of this Agreement comply with all federal immigration laws and with the requirements of A.R.S. § 23-214 (A) (together the Marana Regular Council Meeting 04/03/2018Page 48 of 190 Exhibit A to Marana Resolution No. 2018-029 ARTICLE XXI-ENTIRE AGREEMENT This document constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties. IN WITNESS WHEREOF, the parties hereby have executed this Agreement on this ______ dayof _____________________, 2018. PIMA COUNTY BOARD OF TOWN OF MARANASUPERVISORS By:______________________________By:________________________________ Ed Honea,MayorRichard Elías, Chairman ATTEST:ATTEST: By:___________________________By:______________________________ Jocelyn Bronson,Town ClerkJulie Casteñada, Clerk of the Board of Supervisors APPROVED AS TO CONTENT: By: __________________________________________________________ F. Ann Rodriguez, Pima County Recorder The foregoing Intergovernmental Agreement between The Town of Marana, Pima County and the Pima County Recorder has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in the proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Pima County and Pima County RecorderTown of Marana ________________________________ ________________________________ Daniel JurkowitzLegalServices Director for the Town of Deputy County AttorneyMarana Marana Regular Council Meeting 04/03/2018Page 49 of 190 Marana Regular Council Meeting 04/03/2018Page 50 of 190 Marana Regular Council Meeting 04/03/2018Page 51 of 190 Marana Regular Council Meeting 04/03/2018Page 52 of 190 Marana Regular Council Meeting 04/03/2018Page 53 of 190 Marana Regular Council Meeting 04/03/2018Page 54 of 190 Marana Regular Council Meeting 04/03/2018Page 55 of 190 Marana Regular Council Meeting 04/03/2018Page 56 of 190 Marana Regular Council Meeting 04/03/2018Page 57 of 190 Marana Regular Council Meeting 04/03/2018Page 58 of 190 Marana Regular Council Meeting 04/03/2018Page 59 of 190 Marana Regular Council Meeting 04/03/2018Page 60 of 190 Marana Regular Council Meeting 04/03/2018Page 61 of 190 Marana Regular Council Meeting 04/03/2018Page 62 of 190 MARANA ORDINANCE NO. 2018.009 RELATING TO DEVELOPMENT; EXTENDING THE TIME FOR SIGNING THE VILLAGES OF TORTOLITA DEVELOPMENT AGREEMENT AND FOR SUBMITTING THE VILLAGES OF TORTOLITA SPECIFIC PLAN AMENDMENT WAIVERS UNDER MARANA ORDINANCE NO. 2017.023 AS AMENDED BY ORDINANCE NO. 2017.028; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS Marana Ordinance No. 2007.09 adopted The Villages of Tortolita Specific Plan, governing land uses on approximately 1,780 acres of land located on the east side of Interstate 10 from about Marana Road on the south to about two-thirds of a mile north of the Pinal County line; and WHEREAS Marana Ordinance No. 2017.023 was adopted on November 7, 2017, amending The Villages of Tortolita Specific Plan and authorizing the Mayor to sign The Villages of Tortolita Development Agreement; and WHEREAS Section 2, paragraph 5 of Marana Ordinance No. 2017.023 required TMR I NVESTORS, LLC to sign and return The Villages of Tortolita Development Agreement to the Town Clerk for recording; and WHEREAS Section 2, paragraph 5 of Marana Ordinance No. 2017.023required each of the Property Owners other than TMR to execute waivers in substantially the form attached as Exhibit C to The Villages of Tortolita Development Agreement; and WHEREAS Section 2, paragraph 5 of Marana Ordinance No. 2017.023 also providedfor reversion of Section 2 paragraphs 1 and 4 of Ordinance No. 2017.023 if the signed development agreement and fully executed waivers were not submitted to the Ordinance No. 2017.023; and WHEREAS Marana Ordinance No. 2017.028 was adopted on December 19, 2017, extending the time for submitting fully executed waivers to April 4, 2018; and WHEREAS TMR continues to encounter unanticipated difficulties obtaining the waivers associated with one particular parcel; and 00056688.DOCX /2 Marana Ordinance No. 2018.009 - 1 - 3/27/2018 8:15 AM Marana Regular Council Meeting 04/03/2018Page 63 of 190 WHEREAS questions about the name and signature authority of one of the signers on behalf of TMR delayed the finalization of the signature block of The Villages of Tortolita Development Agreement; and WHEREAS extending the time periods for submitting the signed development agreement and , obligations, or liabilities. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Section 2, paragraph 5 of Marana Ordinance No. 2017.023 as amended by Marana Ordinance No. 2017.028 is hereby further amended as follows: A. The 60-day period for submission of the signed development agreement is hereby waived; The Villages of Tortolita Development Agreement signed on behalf of TMR on February 21 and 22, 2018, in substantially the form included with the agenda backup material accompanying this ordinance is Town Clerk is hereby authorized and directed to accept it and to record the fully executed development agreement within ten days after the adoption of this ordinance. B. The remaining waivers in substantially the form attached as Exhibit C to The Villages of Tortolita Development Agreement shall be signed and submitted to the Town Clerk for recording no later than August 8, 2018. Section 2. This ordinance addresses an administrative issue associated with Marana Ordinance No. 2017.023 as amended by Marana Ordinance No. 2017.028, and is therefore effective immediately upon its adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, rd Arizona, this 3 day of April, 2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00056688.DOCX /2 Marana Ordinance No. 2018.009 - 2 - 3/27/2018 8:15 AM Marana Regular Council Meeting 04/03/2018Page 64 of 190 V ILLAGES OF T ORTOLITA D EVELOPMENT A GREEMENT Town of Marana, Arizona T HIS V ILLAGES OF T ORTOLITA D EVELOPMENT A GREEMENT (this entered into by and between theT OWN OF M ARANA , an Arizona municipal corpora- tion; and TMRI NVESTORS,LLC,an Arizona limited liability company.The Town and TMR either of which is sometimes individ- ually referred to as a R ECITALS A.On April 3, 2007, the Town Council created The Villages of Tortolita Specific Plan by its adoption of Marana Ordinance No. 2007.09 , recorded in the Pima County e at Docket 13067, Page 1240 (Sequence 20071060205). B.The Villages of Tortolita Specific Plan governs the development of approximately 1780.44 scribed in Exhibit A and Exhibit B to Ordinance 2007.09, and consisting of land located on the east side of Interstate 10 extending from just northwest of the San Lucas Development project and extending about two-thirds of a mile into Pinal County. C.TMR is the largest single landowner of the Subject Property. D.Property Owners I NTERSTATE T EN 18.7A CRES;K AI T RUST;J OHN K AI,J R.;H ERBERT K AI;D ANIEL K.W ONG& D ARRYL K.W ONG;D OUGLAS S.H OLSCLAW,J R.;B ARNETT F AMILY T RUST;and F AST F ORWARD F ARMS,LLC, an Arizona limited liability company. E.Together, TMR and the Other Property Owners own all of the Subject Property and are . F.This Agreement is intended to satisfy rezoning condition 2 of Ordinance 2007.09, which requires adoption of a development agreement before Town Council approval of the first prelimi- nary plat or development plan. G.Rezoning condition 14 of Ordinance 2007.09 provides: The developer will be responsible for the design and construction of the Tortolita Traffic Interchange prior to occupancy of any house or commercial building. Other roadway improvements as required by the Development Agreement and based on the data and findings of the accepted traffic impact analysis and other traffic studies that will be required at the platting or development plan stages of this project. H.The Town has a pressing need for the Marana TI Improvements and the Adonis Road Im- provements. 00053400.DOCX /13 V ILLAGES OF T ORTOLITA D EVELOPMENT A GREEMENT1/29/2018 9:59 AM - 1 - Marana Regular Council Meeting 04/03/2018Page 65 of 190 I.This Agreement is Town Council adopt which also amends Ordinance 2007.09 so that it is consistent with the terms of this Agreement. J.In order to satisfy the Villages of Tortolita Landowners about the specific terms of the Con- current Ordinance, which is an inducement to the Other Property Ownersthe Waivers (see paragraph 2 belowthis Agreement, TMR has received and reviewed an advance draft copy of the Concurrent Ordinance, and the Other Property Owners have been given the opportunity to delay signing the Waivers and TMR has been given the opportunity to delay signing this Agreement nance. K.The development contemplated by this Agreement adopted and approved General Plan (as defined in A.R.S. § 9-461). L.The development contemplated by this Agreement is in compliance with The Villages of Tortolita Specific Plan as amended by the Concurrent Ordinance. M.The Town is authorized by A.R.S. § 9-500.05 to enter into a development agreement with a land owner or other person or entity having an interest in real property located within the Town to facilitate development of the property by providing for, among other things, the conditions, terms, restrictions, and requirements for development and public infrastructure and the financing of public infrastructure. N.The Town has determined that the Marana TI Improvements, the Adonis Road Improve- ments, and the Tortolita TI are in the best interests of the region and will enhance circulation for the broader community. O.The Marana TI Improvements and the Adonis Road Improvements will benefit the Subject Property and enhance overall traffic circulation within the area. P.The Marana TI Improvements are in the process of being add infrastructure improvements plan supporting a proposed development impact fee which is pro- posed to be forwarded to Council for consideration of adoption within the next year. A GREEMENT N OW, THEREFORE, in consideration of the foregoing recitals, which are incorporated into this Agreement as though fully restated here, and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1.Definitions. The following definitions shall apply to this Agreement: a.-year war- ranty of the two-lane paved roadway extending from the current eastern terminus of Grier Road ) to Tangerine Road, as detailed in Exhibit B. No Tangerine Road signalization costs shall be in- cluded in the Adonis Road Improvements. b.The Adonis Road tion privilege taxes and charges actually incurred and paid by or on behalf of TMR to contrac- tors, architects, engineers, surveyors, governmental agencies, other professionals and consult- ants, and other third parties for materials, labor, planning, design, engineering, surveying, site 00053400.DOCX /13 V ILLAGES OF T ORTOLITA D EVELOPMENT A GREEMENT1/29/2018 9:59 AM - 2 - Marana Regular Council Meeting 04/03/2018Page 66 of 190 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 Adonis Road Improvements and warranting them for one year after completion. The Adonis Road Public Improvement Costs shall not include and shall not accrue interest. c. ilege taxes (currently 4%) generated pursuant to Section 8-415 or 8-416 of the Marana Tax Code (or corresponding sections of successor codes) from construction contracting or specu- lative builder activities (i) on the Subject Property and (ii) from the construction of the Marana TI Improvements, the Adonis Road Improvements, and the Tortolita TI. d.23 below. e.truction and one-year war- ranty of the roadway improvements to the existing Interstate 10 traffic interchange at Marana Road detailed in Exhibit A. f.The Marana TI privilege taxes and charges actually incurred and paid by or on behalf of TMR to contractors, architects, engineers, surveyors, governmental agencies, other professionals and consultants, and other third parties for materials, labor, planning, design, engineering, surveying, site exca- vation and preparation, governmental permits and payments, payment and performance bonds, other professional services, and all other costs and expenses related or incidental to and rea- sonably necessary for, the acquisition, improvement, construction, installation, or provision of the Marana TI Improvements and warranting them for one year after completion. The Marana TI Public Improvement Costs shall not include and shall not accrue interest. g. ipated to be adopted by the Town pursuant to A.R.S. § 9-463.05 to fund public roadway im- provements in the northwest area of the jurisdictional limits of the Town of Marana; that is, the geographic area that includes the Marana TI Improvements and the Subject Property. h. portions of the names of the Other Property Owners are listed in recital D above. i. rana Roadway Development Impact Fee collections which are attributable to the Marana TI Improvements and the Tortolita TI. For context and reference, the Road Facilities Infrastruc- Improvements Plan) out of total Northwest Marana Roadway costs of $23,452,000 (not including reimbursable expert and fi- nancing costs); so as of August 1, 2017, the Parties anticipate that the Proportionate DIF Col- s total Northwest Marana Roadway Development Impact Fee collections. Proportionate DIF Collections will not include any Northwest Marana Road Facilities Infrastructure Improvements Plan is amended to add the Tortolita TI and the 00053400.DOCX /13 V ILLAGES OF T ORTOLITA D EVELOPMENT A GREEMENT1/29/2018 9:59 AM - 3 - Marana Regular Council Meeting 04/03/2018Page 67 of 190 Northwest Marana Roadway Development Impact Fee is readopted pursuant to the Road Fa- cilities Infrastructure Improvements Plan as so amended. See paragraph 13 below j. or accounted for by an appropriate book or ledger entry designation for the purpose of making Reimbursement Payments. k.9 below. l.ined in recital B above. m.The Tmeans the Tortolita traffic interchangethe currently-planned free- way interchange, bridge, ramps, and approaches at approximately milepost 233 on Interstate 10 approximately three miles northwest of the existing Marana traffic interchange. The Torto- litaTI is currently planned to connect Interstate 10 to the proposed Tortolita Mountain Park- way within the Subject Property. n. have been granted for the construction of the Tortolita TI, all funding for the Tortolita TI is in place, and a construction contract is in place for the construction of the Tortolita TI in accord- ance with State of Arizona and Town public infrastructure construction procurement laws and procedures. o.The Tortolita TI tion privilege taxes and charges actually incurred and paid by or on behalf of TMR to contrac- tors, architects, engineers, surveyors, governmental agencies, other professionals and consult- ants, and other third parties for materials, labor, planning, design, 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 Tortolita TI and warranting them for one year after completion. The Tortolita TI Public Improvement Costs shall not include and shall not accrue interest. p.the Other Property Owners, collectively (see recital E above) q. are waivers of rights under the Private Property Rights Protection Act, A.R.S. § 12-1131et seq., signed by the Other Property Owners in substantially the form at- tached as Exhibit Cto this Agreement (see paragraph 2 below). 2.Prop 207 Waivers. By signing this Agreement, TMR waives any and all rights to make a claim for diminution in value under the Private Property Rights Protection Act, A.R.S. §12-1131 et seq., resulting from this Agreement or the Concurrent Ordinance, or resulting from remedies resulting from enforcing the terms of this Agreement or the Concurrent Ordinance. In addition, TMR shall be responsible for obtaining waivers vate Property Rights Protection Act, A.R.S. § 12-1131et seq., signed by the Other Property Own- ers in substantially the form attached as Exhibit C to this Agreement. TMR understands that the Town will not sign this Agreement until all of the Waivers have been delivered to the Town. 3.Construction of the Marana TI Improvements and the Adonis Road Improvements. As a amendment of rezoning condition 14 of Ordinance 2007.09 pursuant to the Concurrent Ordinance, and not as a separate legal obligation, TMR shall design and construct 00053400.DOCX /13 V ILLAGES OF T ORTOLITA D EVELOPMENT A GREEMENT1/29/2018 9:59 AM - 4 - Marana Regular Council Meeting 04/03/2018Page 68 of 190 the Marana TI Improvements and the Adonis Road Improvements in accordance with the terms of this Agreement. a.Adonis Road Improvements start.TMR shall submit the design of the Adonis Road Im- provements to the Town no later than 150 calendar days after the Town Engineer certifies in writing that the Town has obtained the right-of-way needed for the construction. TMR shall begin construction of the Adonis Road Improvements no later than 180 calendar days after the Town approves the design of the Adonis Road Improvements. b.Adonis Road Improvements completion. Construction of the Adonis Road Improvements shall be substantially completed no later than the first anniversary of the start of construction of the Adonis Road Improvements. c.Marana TI Improvements start. TMR shall begin construction of the Marana TI Im- provements no later than the first anniversary of the substantial completion of construction of the Adonis Road Improvements; provided, however, that if by 30 days prior to the first anni- versary the Arizona Department of Transportation, Union Pacific Railroad, Cortaro-Marana Irrigation District, or any other entity with approval authority over the Marana TI Improve- ments has not given approval of the Marana TI Improvements, the start of construction shall Improvements. d.Marana TI Improvements completion. Construction of the Marana TI Improvements shall be substantially completed no later than the first anniversary of the start of construction of the Marana TI Improvements. e.Effect. The Town will not allow occupancy of any structure authorized by The Villages of Tortolita Specific Plan other than model homes until construction of the Adonis Road Im- provements and the Marana TI Improvements has begun and the Town Engineer has approved a traffic study that supports such occupancy. Model home lots may not be sold until they have been released from subdivision assurances. Once construction of the Adonis Road Improve- ments and the Marana TI Improvements has been completed, and until the fourth anniversary of their completion date, the Town will treat the Marana TI Improvements and the Adonis Road Improvements as having created transportation capacity for up to 400 single family res- idences even if the actual capacity has by that time been displaced by other development. Noth- other infrastructure capacity requirements. The Marana Water Department believes that existing water delivery and sewer conveyance capacity in the vicinity of the Subject Property is not sufficient for 400 single family residences without the construction of system improvements. The Parties acknowledge that water and sewer capacity issues are being addressed by separate agreements between the Parties. 4.Effect of TMR.TMR failure to comply with the requirements set forth in paragraph 3abovetriggers the revert the Concurrent Ordinamodifi- cations to rezoning conditions 2 and14of Ordinance 2007.09, pursuant to the procedure set forth in the Concurrent Ordinance, which shall be with the requirements set forth in paragraph 3 above. 00053400.DOCX /13 V ILLAGES OF T ORTOLITA D EVELOPMENT A GREEMENT1/29/2018 9:59 AM - 5 - Marana Regular Council Meeting 04/03/2018Page 69 of 190 5.Marana TI Improvements and Adonis Road Improvements construction and reimbursement. As a condition precedent to receiving Reimbursement Payments for the Marana TI Public Im- provement Costs under paragraph 9 of this Agreement, and not as a separate contractual obligation, TMR shall, in conjunction with development of the Subject Property: a.Design and construct the Marana TI Improvements in accordance with State of Arizona and Town public infrastructure construction procurement laws and procedures; and b.Design and construct the Adonis Road Improvements; and c.Pay all Marana TI Public Improvement Costs and Adonis Road Public Improvement Costs as they become due. 6.Tortolita TI construction and reimbursement. As a condition precedent to receiving Reim- bursement Payments for up to half of the Tortolita TI Public Improvement Costs under paragraph 9 of this Agreement, and not as a separate contractual obligation, TMR shall, in conjunction with their development of the Subject Property: a.Design and construct the Tortolita TI in accordance with State of Arizona and Town public infrastructure construction procurement laws and procedures;and b.Pay all Tortolita TI Public Improvement Costs as they become due. 7.Reimbursement amount. The Town shall make Reimbursement Payments to TMR for the Marana TI Public Improvement Costs and up to half of the Tortolita TI Public Improvement Costs pursuant to paragraph 9 below. In no event shall interest accrue on any costs reimbursed by the Town pursuant to this Agreement. TMR shall submit to the Town quarterly statements showing the actual Marana TI Public Improvement Costs and Tortolita TI Public Improvement Costs in- curred and paid to date.Quarterly statements shall be provided until (i) the total amount of all Reimbursement Payments to TMR equals the Marana TI Public Improvement Costs plus half of th the Tortolita TI Public Improvement Costs or (ii) the 30 anniversary of the Effective Date,which- ever first occurs.Within 60 days thereafter, TMR shall provide a final statement to the Town. TMR shall provide the Town with invoices or other backup information reasonably requested by the Town to confirm the accuracy of quarterly statement of costs and contributions or credits. 8.Reimbursement Account.Beginning with the first Construction Sales Tax Revenues gener- ated from the Marana TI Improvements, the Adonis Improvements, and the development of the Subject Property; subject to the limitations of paragraph 10 below; and ending upon the expiration of this Agreement; the Town shall deposit into the Reimbursement Account all of the following: a.The Construction Sales Tax Revenues as they are received from the Arizona Department of Revenue; and b.The Proportionate DIF Collections as they are received from all payers of the Northwest Marana Roadway Development Impact Fee. 9.Reimbursement Payments. Within the first 30 days of each calendar quarter, the Town shall pay TMR . Reimbursement Payments shall begin the first calendar quarter after all of the following have occurred: (a) TMR has incurred Marana TI Public Improvement Costs; (b) TMR has submitted the first quarterly statement pursuant to paragraph 7 above; and (c) the Town has received Construction Sales Tax 00053400.DOCX /13 V ILLAGES OF T ORTOLITA D EVELOPMENT A GREEMENT1/29/2018 9:59 AM - 6 - Marana Regular Council Meeting 04/03/2018Page 70 of 190 Revenues generated by the Marana TI Improvements, the Adonis Improvements, or by improve- ments constructed on the Subject Property.Any funds accrued in the Reimbursement Account and owed to TMR for the Marana TI Public Improvement Costs and half of the Tortolita TI Public Improvement Costs but not yet disbursed to TMR upon the expiration of this Agreement shall be paid to TMR within 30 days after the expiration of this Agreement. 10.Accounting of Reimbursement Payments. The following accounting rules apply to the Re- imbursement Account and Reimbursement Payments: a.Accounting of Proportionate DIF Collections. Under all circumstances: i.Marana Roadway Development Impact Fee collections which are attributable to the Marana TI Improvements will be accounted toward repayment of the Marana TI Public Improvement Costs; and ii.Marana Roadway Development Impact Fee collections which are attributable to the Tortolita TI will be accounted toward repayment of half of the Tortolita TI Public Improve- ment Costs. b.Order of application of Construction Sales Tax Revenues. All Construction Sales Tax Revenues shall be applied first to repayment of the Marana TI Public Improvement Costs and then to repayment of half of the Tortolita TI Public Improvement Costs. c.Termination of development impact fees. When the Marana TI Public Improvement Costs have been fully paid, the Town will cease Northwest Marana Roadway Development Impact Fee collections attributable to the Marana TI Improvements. When half of the Tortolita TI Public Improvement Costs have been paid, the Town will cease Northwest Marana Road- way Development Impact Fee collections attributable to the Tortolita TI. d.Effect of Tortolita TI construction delay. If the Tortolita TI Obligation Date has not yet occurred when the total funds deposited into the Reimbursement Account equal the Marana TI Public Improvement Costs, i.the Town will stop making deposits into the Reimbursement Account; and ii.the Town will treat all Construction Sales Tax Revenues as general revenues of the Town and TMR under this Agree- mentuntil the Tortolita TI Obligation Date. e.Deposits after Tortolita TI Obligation Date. If the Town has stopped depositing Con- struction Sales Tax Revenues into the Reimbursement Account by operation of subpara- graph 10.d above, the Town shall re-commence deposit of Construction Sales Tax Revenues into the Reimbursement Account beginning with the first Construction Sales Tax Revenues received from the Arizona Department of Revenue after the Tortolita TI Obligation Date. All Construction Sales Tax Revenues received while deposits were not being made into the Reim- bursement Account are general revenues of the Town and not subject to the reimburse- ment obligations to TMR under this Agreement. 11.Effect of loss of Construction Sales Tax Revenues. If the laws of the State of Arizona are revised in a way that reduces or eliminates Construction Sales Tax Revenues, the Town shall make deposits into the Reimbursement Account from such funding, if any, that the Town receives under then-existing laws of the State of Arizona to replace the reduced or eliminated Construction Sales Tax Revenues, reasonable 00053400.DOCX /13 V ILLAGES OF T ORTOLITA D EVELOPMENT A GREEMENT1/29/2018 9:59 AM - 7 - Marana Regular Council Meeting 04/03/2018Page 71 of 190 opinion, to the Construction Sales Tax Revenues that the Town would have received if the laws of the State of Arizona had not been so revised. 12.No Town representation of sufficiency of Reimbursement Payments. TMR acknowledges and understands that the amount of the Construction Sales Tax Revenues depends on many factors and may be insufficient to pay all of the Marana TI Public Improvement Costs and half of the Tortolita TI Public Improvement Costs. 13.Development impact fees for Tortolita TI. The Town must amend the Road Facilities In- opment Impact Fee to include the Tortolita TI no later than the first anniversary of the Tortolita TI Obligation Date. 14.Owners audit. Not more than once each calendar year, TMR 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. 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 audit occurs, TMR shall obtain and provide to the Town written waivers of confi- dentiality sufficient 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. 15.Annual report. Within 45 days following the end of each Town fiscal year, the Town shall deliver to TMR a report of all Construction Sales Tax Revenues 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 par- ticular taxpayer unless and until TMR has obtained and provided to the Town written waivers of confidentiality sufficient to satisfy the requirements of Arizona Revised Statutes § 42-2003(A)(6) from each taxpayer whose confidential information is revealed in the report. 16.Limitations. During the Term of this Agreement, the Town shall not enter into any agree- ment or transaction which impairs s or the rights of TMR under this Agreement, including, without limitation, the right to receive the Reim- bursement Payments and the proceeds of the Reimbursement Account in accordance with the pro- cedures established in this Agreement. 17.Contractor and subcontractor disaggregation of tax information for the Subject Property; release of tax information. TMR shall require each contractor and subcontractor responsible for the payment of Construction Sales Tax Revenues to separately report construction sales tax at- tributable to the Subject Property, the Marana TI Improvements, the Adonis Road Improvements, and the Tortolita TI. TMR shall exercise reasonable efforts to obtain from each contractor and subcontractor doing work attributable to the Subject Property, the Marana TI Improvements, the Adonis Road Improvements, or the Tortolita TI a consent to release of tax information in a form reasonably acceptable to the Town. If the separate report required by this paragraph is not provided to the Town, the Town shall make a reasonable estimate of Construction Sales Tax Revenues based on all information available to the Town, including information provided by TMR, and the good shall be considered final and binding upon TMR. 00053400.DOCX /13 V ILLAGES OF T ORTOLITA D EVELOPMENT A GREEMENT1/29/2018 9:59 AM - 8 - Marana Regular Council Meeting 04/03/2018Page 72 of 190 may prohibit or limit the dissemination or use of transaction privilege tax and related information. 18.Water amenities. TMR may, in its sole and absolute direction, elect to design, construct and develop recreational lakes, water features, and other compatible improvement and amenities (the ties to current and future residents of the Town, so long as TMR provides the permanent water resources neces- sary for any and all Water Amenities, and that those water resources shall not include treated ef- fluent from the Subject Property (all of which the Town requires for its long-term water resource obligations, separate from and not including any Water Amenities). The Town recognizes the pub- lic value created by incorporating Water Amenities into neighborhood and commercial centers of the Town. The Parties acknowledge that future agreements may be necessary to address regulatory, permitting, design, management, and ownership aspects of the Water Amenities. As development of the Subject Property progresses, the Parties agree to cooperate in identifying all agreements necessary to develop the Water Amenities. TMR acknowledges and agrees that any future agree- ment relating to Water Amenities is subject to federal, state, and county regulatory requirements and approvals and as such would be would be subject to the approval by the Town Council in its sole and absolute discretion. 19.CFD application fee. The Town acknowledges receipt of payment of an application fee for as it existed at the time the fee was paid. The Town agrees not to charge any additional fees for not to seek a refund of fees already paid. 20.Other future economic incentives. The absence of language in this Agreement to address a particular form or type of economic incentive is not intended to imply that no such economic incentives will be available or forthcoming. On the contrary, the Parties anticipate that future eco- nomic incentives will be the subject of future agreements or amendments to this Agreement if and when the Parties determine the economic incentives are necessary or beneficial (i) to induce one or more retail business facilities to locate on the Subject Property, (ii) to assist in the creation or retention of jobs, and/or (iii) to otherwise improve or enhance the economic welfare of the inhabitants. 21.Term upon the later of (i) its date of recording pursuant to paragraph 33 below and (ii) the effective date of the Concurrent Ordinance. The term of this Agreement shall begin on the Effective Date and, unless sooner ter- minated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be th void for all purposes on the 30 obligations under paragraph 9 above shall terminate on the earlier of (i) the date the Town has reimbursed TMR for all of the Marana TIPublic Improvement Costs and half of the Tortolita TI th Public Improvement Costs or (ii) the 30anniversary of the Effective Date. 22.Maintenance.Once the Marana TI Improvements and the Adonis Road Improvements are completed by TMR and accepted by the Town, and the one-year warranty applicable to each has expired, the Town shall have full maintenance responsibility for the Marana TI Improvements and the Adonis Road Improvements. The Parties anticipate that the Arizona Department of Transpor- tation will have full maintenance responsibility for the Tortolita TI after it is completed by TMR 00053400.DOCX /13 V ILLAGES OF T ORTOLITA D EVELOPMENT A GREEMENT1/29/2018 9:59 AM - 9 - Marana Regular Council Meeting 04/03/2018Page 73 of 190 and accepted by the Arizona Department of Transportation, and the one-year warranty applicable to its construction has expired. 23.Development regulations. The Subject Property shall be governed by The Villages of Tor- tolita Specific Plan and this Agreement. The Marana Land Development Code, including the writ- ten rules, regulations, substantive procedures, and policies relating to development of land, adopt effect on the Effective Date shall apply to the extent not covered by The Villages of Tortolita Specific Plan or this Agreement. The requirements of this paragraph are collectively referred to as the following rules shall apply: a.The Villages of Tortolita Specific Plan as amended by the Concurrent Ordinance shall control over the terms of the Marana Development Code on all matters. b.The Villages of Tortolita Specific Plan as amended by the Concurrent Ordinance and the Marana Development Code shall control over the terms of this Agreement as to any zoning or other legislative matter. c.This Agreement shall control over the terms of The Villages of Tortolita Specific Plan as amended by the Concurrent Ordinance and the Marana Development Code as to any admin- istrative or procedural matter. 24.Development review. The Subject Property 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 Subject Property. Upon the Villages of Tor compliance with the appli- cable development review and approval procedures and substantive requirements of the Develop- ment Regulations, the Town agrees to issue such permits or approvals for the Subject Property as may be requested by the Villages of Tortolita Landowners. 25.Permit and review fee waiver. TheTown will waive all Town plan review fees and inspec- tion and construction permit fees for the Marana TI Improvements, the Adonis Road Improve- ments, and the Tortolita TI. TMR will be responsible to pay all applicable fees to other government entities, including the Arizona Department of Transportation. 26.Town review and approval of plans. Except as expressly provided in this Agreement, the development and construction of the Marana TI Improvements, the Adonis Road Improvements, and the Tortolita TI are dures and construction inspection requirements. 27.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 Subject Property. 28.No partnership or joint venture. Nothing in this Agreement shall be understood or con- strued to create or imply a partnership or joint venture between or among TMR, the Town, and any of the Other Property Owners. 29.Other development agreements.Subject to the limitations set forth in paragraph 16 above, nothing in this Agreement shall preclude the Other Property Owners from entering into one or 00053400.DOCX /13 V ILLAGES OF T ORTOLITA D EVELOPMENT A GREEMENT1/29/2018 9:59 AM - 10 - Marana Regular Council Meeting 04/03/2018Page 74 of 190 more development agreements with the Town to facilitate development on the real property owned by the Other Property Owners. 30.Effect on other properties; exercise of eminent domain. This Agreement shall not be con- strued to convey any interest in real property owned by the Other Property Owners to TMR, nor shall it be construed to obligate TMR to construct any improvements on real property owned by the Other Property Owners. If TMR and the Town mutually determine that acquisition of third- party property rights are necessary and appropriate for the construction of public infrastructure contemplated by this Agreement or by The Villages of Tortolita Specific Plan as amended by the Concurrent Ordinance, TMR will use commercially reasonable efforts to acquire the third-party property rights. TMR shall not construct public infrastructure requiring acquisition of third-party property rights until either (i) TMR has acquired the necessary third-party property rights pursuant to this paragraph or, (ii) the Town has obtained possession of the necessary third-party property rights by eminent domain, which the Town shall exercise by filing a condemnation lawsuit in the Superior Court of the county where the third-party property rights are located within 180 days after TMR advises the Town in writing that it has been unable to obtain the necessary third-party prop- erty rights. If the Town exercises its power of eminent domain pursuant to this paragraph, TMR shall pay all costs of condemnation, including but not limited to the condemnation award to the property owners, costs of litigation, and the Tow Town settles a condemnation lawsuit, TMR shall pay the settlement costs, provided that those costs do not exceed the higher of (a) 120% of the appraised value of the third-party property rights acquired or (b) an amount approved by TMR. 31.Cooperation and alternative dispute resolution. a.Appointment of representatives. To further the commitment of the Parties to cooperate in the development of the Subject Property and the construction of the public improvements discussed in this Agreement, the Town and TMR each shall designate and appoint a repre- sentative to act as a liaison between the Town and its various departments and TMR. The initial representative for the To initial representative for TMR shall be Michael B. Zipprich or a replacement to be selected by TMR. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties in the development of the Subject Property and the construction of the public improvements discussed in this Agreement. b.Non-performance; remedies. If any Party does not perform under this Agreement (the -Agreement, any prescribed in paragraph 32 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 cor- rected. The Non-Performing Party shall then have (i) 15 days from the date of the notice within which to correct the non-performance if it can reasonably be corrected by the payment of money, or (ii) 30 days from the date of the notice to cure the non-performance if action other than the payment of money is reasonably required, or if the non-monetary non-performance cannot reasonably be cured within 30 days, then such longer period as may be reasonably re- quired, provided and so long as the cure is promptly commenced within 30 days and thereafter diligently prosecuted to completion. If any non-performance is not cured within the applicable time period set forth in this paragraph, then the Demanding Party shall be entitled to begin the mediation and arbitration proceedings set forth in this paragraph. The Parties agree that due to 00053400.DOCX /13 V ILLAGES OF T ORTOLITA D EVELOPMENT A GREEMENT1/29/2018 9:59 AM - 11 - Marana Regular Council Meeting 04/03/2018Page 75 of 190 the size, nature and scope of the Subject Property and the construction of the public improve- ments discussed in this Agreement, and due to the fact that it may not be practical or possible to restore theproperty to its condition prior to development and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific performance will likely be appropriate for the non-per- formance of a covenant contained in this Agreement. This paragraph shall not limit any con- tract or other rights, remedies, or causes of action that any Party may have at law or in equity. c.Mediation. If there is a dispute under this Agreement which the Parties cannot resolve between themselves, the Parties agree that there shall be a 45-day moratorium on arbitration during which time the Parties agree to attempt to settle the dispute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the commercial me- diation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by TMR and the Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter the Town and TMR shall request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an independent mediator. The mediator selected shall have at least five 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 TMR. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbitration after the moratorium. d.Arbitration. After mediation, as provided for in subparagraph 31.c above, any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by both Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. §12-501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. 32.Notices. All notices, requests and other communications under this Agreement shall be given in writing and either (i) personally served on the party to whom it is given, or (ii) mailed by registered or certified mail, postage prepaid, return receipt requested, or (iii) sent by private over- night courier such as Federal Express or Airborne, addressed as follows: If to the Town: T OWN OF M ARANA 11555 W. Civic Center Drive, Bldg. A3 Marana, Arizona 85653-7006 Telephone: (520) 382-1900 If to TMR: TMRI NVESTORS,LLC 7377 E. Doubletree Ranch Rd., Suite 190 Scottsdale, AZ 85258 Attn: Michael B. Zipprich Telephone: (480) 947-5900 All notices shall be deemed given when delivered 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 00053400.DOCX /13 V ILLAGES OF T ORTOLITA D EVELOPMENT A GREEMENT1/29/2018 9:59 AM - 12 - Marana Regular Council Meeting 04/03/2018Page 76 of 190 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. 33.Recordation. After this Agreement has been executed by the Parties, the Town shall, as concurrently as reasonably possible, record this Agreement in the offices of the Pima County Re- corder and the Pinal County Recorder. If recording does not occur on the same day, the date of recording for purposes of this Agreement shall be the later of the two recording dates. To facilitate concurrent recording of this Agreement, the Parties may sign two identical originals of this Agree- ment. 34.Miscellaneous. a.This Agreement may not be modified except in a writing signed by the Parties. b.Time is of the essence of this Agreement. c.This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. d.If any Party 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 pre- §12-341.01. e.This Agreement may be executed in identical counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. In addition, this Agreement may contain more than one counterpart of the signature pages and this Agreement may be executed by the affixing of the signature pages, and all of such coun- terpart signature pages shall be read as though one, and they shall have the same force and effect as though all the signers had signed a single signature page. f.Exhibits referred to in and attached to this Agreement are incorporated by reference as if set forth in full in the text of this Agreement. g.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 (i) upon the conveyance of all of the Subject Property to a single grantee, TMR shall automatically be released from any further obligation or liability under this Agreement and this Agreement shall thereafter bind the grantee; and (ii) in no event shall this Agreement be binding on or burden the property of a purchaser of a home onthe Subject Property. h.This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of con- tracts in certain instances involving conflicts of interest. 00053400.DOCX /13 V ILLAGES OF T ORTOLITA D EVELOPMENT A GREEMENT1/29/2018 9:59 AM - 13 - Marana Regular Council Meeting 04/03/2018Page 77 of 190 Marana Regular Council Meeting 04/03/2018Page 78 of 190 Marana Regular Council Meeting 04/03/2018Page 79 of 190 2 3.4 3.4 2 O C O :7 q 3 4 F 3 ! 4 n 1 b )48* )4*2)2* )3*.S )5*J . g g 3 P 261 3 X 38 )3* ! 294 G )32:* 79 s )5* )86* : p S 2 o )415* 52 p u b)54* b )21* e )9*h XC!Sbnqt 7 f )2:* Dpdijf F!Gspoubhf!Se0 )1* 831 497 Tboebsjp 369 Dbozpo :94 3 ):71* Spbe Spbe )7:1* )615* )816* )4* Exhibit A to 2:9 438 2 2 54 727 )95* )648* The Villages of Tortolita )5*)1* )98* )479* 85 J . P 2 o1 )63* Development Agreement .! 47 F S C b 266 585 n )79* q )786*)629* Figure 5. Scenario 3 Marana Regular Council Meeting 04/03/2018Page 80 of 190 Traffic Volumes July 2017 Exhibit B to The Villages of Tortolita Development Agreement Description of the Adonis Road Improvements 1.A minimum two-inch asphalt road on a six-inch aggregate base, subject to findings from a geotechnical report. 2.A 30-foot wide pavement cross-section. 3.Drainage crossings will be handled at-grade with concrete header curbing three feet deep or to scour depth, and with a design that includes armored drainage crossings, and compliance with all town, state and federal regulations pertaining to roadway design. 4.Alignment per Right-of-Way Plans for Adonis Road Grier Road to Tangerine Road prepared by Dibble Engineering, as follows: 00054820.DOCX /1 Marana Regular Council Meeting 04/03/2018Page 81 of 190 Exhibit C to The Villages of Tortolita Development Agreement WAIVER OFCLAIMS FOR POSSIBLE DIMINUTION OFVALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2007.09 (ADOPTING THE VILLAGES OF TORTOLITA SPECIFIC PLAN) AND TOWN OF MARANA ORDINANCE NO.2017.___(AMENDING THE CONDITIONS OF APPROVAL OF THE VILLAGES OF TORTOLITA SPECIFIC PLAN AND APPROVING THE VILLAGES OF TORTOLITA DEVELOPMENT AGREEMENT) s an interest in a portion of the , which is the land that is the subject of The Villages of Tortolita Specific Plan adopted by Marana Docket 13067, Page 1240 (Sequence 20071060205). The Subject Property is depicted and legally described in Exhibit A and Exhibit B to Ordinance 2007.09. On November 7, 2017, the Marana Town Council is scheduled to consider the adoption of Marana Ordinance No. . If adopted, the Concurrent Ordinance will approve The Villages of Tortolita Development Agreement and will modify certain conditions of Ordinance 2007.09. The modifications include a provision that would allow TMR I NVESTORS,LLC,theowner of most of the Subject Property, to construct up to 1,000 homes on the Subject Property before the construction of the new Tortolita traffic interchange, proposed to be constructed at about milepost 233 on Interstate 10approximately three miles northwest of the existing Marana traffic interchange. The Villages of Tortolita Development Agreement allows TMR to be reimbursed up to half of the costs of designing and constructing the new Tortolita traffic interchange. As a condition of the modification and the reimbursement, TMR isrequired to design and construct transportation infrastructure improvements to the existing Marana traffic interchange and roadway improvements referred to as the Adonis Road Improvements in The Villages of Tortolita Development Agreement. The Owner hereby acknowledges receipt of pre-adoption drafts of the Concurrent Ordinance and The Villages of Tortolita Development Agreement, and further acknowledges that the Owner was given the opportunity to delay signing this waiver until after the Marana Town n of the Concurrent Ordinance. The Owner hereby agrees and consents to Ordinance 2007.09 as amended by the Concurrent Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with Ordinance 2007.09 as amended by the Concurrent Ordinance. The Owner waives any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of Ordinance 2007.09 or the Concurrent Ordinance, or as a result of the approval and execution of The Villages of Tortolita Development Agreement. The Owner acknowledges that the Concurrent Ordinance may be modified by the Town Council, in its sole discretion, prior to its approval. The Owner agrees and understands that its 00054406.DOCX /1 The Villages of Tortolita Prop 207 Waiver10/5/2017 1:54 PM - 1 - Marana Regular Council Meeting 04/03/2018Page 82 of 190 Exhibit C to The Villages of Tortolita Development Agreement waiver of claims as set forth in this Waiver shall be deemed to extend to cover any amendments to the Concurrent Ordinance approved by the Town Council unless, not later than 48 hours following the Town CouConcurrent Ordinance, the Owner notifies the Town Clerk, in writing, of disagreement with the amendment. If the Owner timely notifies the Town Clerk of such disagreement, the Owner shall not be deemed to have waived claims with respect only to the amendments; provided, however, that the Town may then rescind the Concurrent Ordinance, and if so rescinded, this Waiver shall act as a bar to a claim for diminished value based upon rescission of the Concurrent Ordinance. This instrument shall not be effective and shall be of no further force and effect if the Town Council disapproves the Concurrent Ordinance. The Owner also consents to the recording of this document in the office of the Pima County Recorder \[change to Pinal County Recorder for portions of the Subject Property located in Pinal County\], to give notice of this instrument and its effects to successors in interest of the Subject Property, who shall also be bound by it. Dated this ___ day of ________________, 2017. The O WNER: \[E NTITY OR PERSONS NAME\], \[entity or Arizona By: S TATE OF _______________ ) )ss County of _______________ ) The foregoing instrument was acknowledged before me on \[Date\], 2017, by title\] of\[E NTITY OR PERSONS NAME\],\], on its behalf. (Seal) Notary Public 00054406.DOCX /1 The Villages of Tortolita Prop 207 Waiver10/5/2017 1:54 PM - 2 - Marana Regular Council Meeting 04/03/2018Page 83 of 190 Marana Regular Council Meeting 04/03/2018Page 84 of 190 Marana Regular Council Meeting 04/03/2018Page 85 of 190 MARANA RESOLUTION NO. 2018-030 RELATING TO DEVELOPMENT; APPROVING A DEVELOPMENT PLAN FOR A CARONDELET HEALTH NETWORK MICRO-HOSPITAL FACILITY LOCATED NORTH OF CORTARO FARMS ROAD AND WEST OF CERIUS STRAVENUE WHEREAS, on December 19, 1995, the Marana Town Council adopted Ordinance No. 95.30, approving a rezoning of approximately 98.7 acres of land located (Large Lot Zone) to R-8 (Single-family residential) and VC (Village Commercial); and WHEREAS, on September 17, 1996, the Marana Town Council adopted Resolution No. 96-81, approving a final plat for Cortaro Ranch, Lots 1-297 and Common (the 1996 Cortaro Ranch Plat), located north of Cortaro Farms Road and west of Cerius Stravenue within a portion of Section 26, Township 12 South and Range 12 East; and WHEREAS, on January 31, 2018, the Marana Planning Commission approved a request submitted by Lewis Roca Rothgerber Christie LLP for a Conditional Use Permit to allow the development of a micro-hospital facility at 5600 W. Cortaro Farms Road within the Village Commercial-zoned Lot 293 of the 1996 Cortaro Ranch Plat; and WHEREAS Beck Consulting Engineers, Inc., on behalf of Caddis Bridge, LLC, has applied for approval of a Development Plan for a Carondelet Health Network Micro-hospital facility at 5600 W. Cortaro Farms Road on a portion of Lot 293 of the 1996 Cortaro Ranch Plat; and WHEREAS the Marana Town Council is scheduled to consider at its April 3, 2018 meeting the approval of the Final Plat for Cortaro Ranch Lots 293A Through 294B (the 2018 Cortaro Ranch Replat), consisting of a resubdivision of Lots 293 and 294 of the 1996 Cortaro Ranch Plat; and WHEREAS the Micro-hospital facility which is the subject of this resolution will be located on Lot 293A of the 2018 Cortaro Ranch Replat; and WHEREAS the Marana Town Council, at the regularly scheduled meeting on April 3, 2018, determined that the development plan for Carondelet Health Network Micro-hospital should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the development plan for Carondelet Health Network Micro- hospital is hereby by approved. 00056739.DOCX /1 Marana Resolution No. 2018-030 - 1 - 3/26/2018 9:10 AM Marana Regular Council Meeting 04/03/2018Page 86 of 190 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, rd Arizona, this 3 day of April 2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00056739.DOCX /1 Marana Resolution No. 2018-030 - 2 - 3/26/2018 9:10 AM Marana Regular Council Meeting 04/03/2018Page 87 of 190 DEVELOPMENT PLAN 24 23 2223 2625 2726 FOR CARONDELET HEALTH NETWORK SITE MICRO HOSPITAL A PORTION OF LOT 293 AND LOTS 294 OF CORTARO RANCH, ACCORDING TO THE PLAT OF RECORD IN THE 2625 2726 OFFICE OF THE COUNTY RECORDER OF PIMA COUNTY, ARIZONA, RECORDED IN BOOK 51 OF MAPS, PAGE 6,3536 3435 BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 12 EAST OF MARANA STANDARD ENGINEERING NOTES: THE GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA BASIS OF BEARINGBENCHMARKLOCATION MAP LEGAL DESCRIPTION LEGEND DRAINAGE STATEMENT PROJECT DIRECTORY: ABBREVIATIONSFEMA FLOOD ZONE CLASSIFICATION SITE & BUILDING DATA DRAWING INDEX CARONDELET HEALTH NETWORK MICRO HOSPITAL MARANA STANDARD NOTES: APPROVALS: NOTE: THIS DOCUMENT IS A "DEVELOPMENT PLAN" AND IS NOT FOR CONSTRUCTION. THE GRADING DESIGN, UTILITY LOCATIONS AND DETAILS . . . SHOWN HEREIN ARE CONCEPTUAL. DETAILED . . . . . . . .. ... CONSTRUCTION DOCUMENTS, INCLUDING ALL E 0 x 2 p APPLICABLE DETAILS AND SPECIFICATIONS IN 0 i 2 r / e s1 3 03/ ACCORDANCE WITH MARANA REQUIREMENTS, WILL BE SUBMITTED UNDER SEPARATE COVER DPP1801-001 FOR REVIEW AND APPROVAL PRIOR TO CONSTRUCTION. Marana Regular Council Meeting 04/03/2018Page 88 of 190 ' 0 5 . 2 2 KEYED NOTES & LETICIAOWNER: N/A APN: 221-18-290 ANGELAAPN: 221-18-285 LIN YANLING & ASHLEY APN: 221-18-284 APN: 221-18-288APN: 221-18-287APN: 221-18-286APN: 221-18-283 APN: 221-18-291 & ELIXIS TRUST APN: 221-18-294APN: 221-18-293MORGAN, JAMES APN: 221-18-289 APN: 221-18-296 APN: 221-18-292 APN: 221-18-295GYTZEL & AHITORRE OWNER: ELLIS, BRIAN OWNER: ROMO, BLANCA OWNER: CHENG FEI &OWNER: PARRISH, LUZ M & WELDER, ALYSSA OWNER: CASTELLANOS, OWNER: NUKUNA, ZOE & OWNER: JONES, ROBERT OWNER: IBARRA, MIGUEL OWNER: CRUZ EGOR & MARIA OWNER: CORDOVA, RICHARD OWNER: CONEN, WILLIAM & OWNER: DANIELS, MATTHEW OWNER: STEFANO, NICHOLAS 2 6 LOT 293C 7 E L C EX-LOT 296 I P H U E K V C 4 I Y P C / N F E F G O R- 6 P E O M R E D 5 5 PROPOSED 1-STORY 7 MICRO HOSPITAL 6 FOOTPRINT = 32,250 SF HEIGHT = 28 FT 6 6 LOT 293A 3 (PUBLIC) 76 CERIUS STRAVENUE LOT 294B 9 2 RED ROCK RIDGE RD. (PUBLIC) EX-LOT 295 LOT 294A NOTE: LOT 293B THIS DOCUMENT IS A "DEVELOPMENT PLAN" AND IS NOT FOR CONSTRUCTION. THE GRADING DESIGN, UTILITY LOCATIONS AND DETAILS CARONDELET HEALTH NETWORK MICRO HOSPITAL SHOWN HEREIN ARE CONCEPTUAL. DETAILED CONSTRUCTION DOCUMENTS, INCLUDING ALL APPLICABLE DETAILS AND SPECIFICATIONS IN ACCORDANCE WITH MARANA REQUIREMENTS, WILL BE SUBMITTED UNDER SEPARATE COVER FOR REVIEW AND APPROVAL PRIOR TO CONSTRUCTION. C O R T A R O F A R M S ( P R U O B A L D I C. . . ) . . . . . . . . ... . E 0 x 2 p 0 i 2 r/ e s1 3 03/ DPP1801-001 Marana Regular Council Meeting 04/03/2018Page 89 of 190 ' 0 5 . 2 2 WATER NOTES & LETICIAOWNER: N/A APN: 221-18-290 ANGELAAPN: 221-18-285 LIN YANLING & ASHLEY APN: 221-18-284 APN: 221-18-288APN: 221-18-287APN: 221-18-286APN: 221-18-283 APN: 221-18-291 & ELIXIS TRUST APN: 221-18-294APN: 221-18-293MORGAN, JAMES APN: 221-18-289 APN: 221-18-296 APN: 221-18-292 APN: 221-18-295GYTZEL & AHITORRE OWNER: ELLIS, BRIAN OWNER: ROMO, BLANCA OWNER: CHENG FEI &OWNER: PARRISH, LUZ M & WELDER, ALYSSA OWNER: CASTELLANOS, OWNER: NUKUNA, ZOE & OWNER: JONES, ROBERT OWNER: IBARRA, MIGUEL OWNER: CRUZ EGOR & MARIA OWNER: CORDOVA, RICHARD OWNER: CONEN, WILLIAM & OWNER: DANIELS, MATTHEW OWNER: STEFANO, NICHOLAS 12" 12" SEWER NOTES " 8 12" EX-LOT 296 PR-LOT 293C PROPOSED 1-STORY "MICRO HOSPITAL 8 FOOTPRINT = 32,250 SF HEIGHT = 28 FT " 8 PR-LOT 293A 1 2 " " 8 1 2 " 1 2 " " 6 RED ROCK 12"12"12" RIDGE RD. PR-LOT 294B(PUBLIC) EX-LOT 295 PR-LOT 294A CARONDELET HEALTH NETWORK MICRO HOSPITAL (PUBLIC) NOTE: THIS DOCUMENT IS A "DEVELOPMENT PLAN" AND IS NOT FOR CONSTRUCTION. THE GRADING CERIUS STRAVENUE DESIGN, UTILITY LOCATIONS AND DETAILS SHOWN HEREIN ARE CONCEPTUAL. DETAILED PR-LOT 293B CONSTRUCTION DOCUMENTS, INCLUDING ALL APPLICABLE DETAILS AND SPECIFICATIONS IN ACCORDANCE WITH MARANA REQUIREMENTS, WILL BE SUBMITTED UNDER SEPARATE COVER FOR REVIEW AND APPROVAL PRIOR TO CONSTRUCTION. C O R T A R O F A R M S ( P R U O B A L D I C ) . . . . . . . . . . . ... . E 0 x 2 p 0 i 2 r/ e s1 3 03/ DPP1801-001 Marana Regular Council Meeting 04/03/2018Page 90 of 190 E C A R G , Z E R A VD L Y A O 7 : L 9 R L 2 E-, 8 NN 1 - O W 1 A S O 2 Y N 2 N H : E O N K J P KEYED NOTES : A& R E N W O & LETICIAOWNER: N/A APN: 221-18-290 ANGELAAPN: 221-18-285 LIN YANLING & ASHLEY APN: 221-18-284 APN: 221-18-288APN: 221-18-287APN: 221-18-286APN: 221-18-283 APN: 221-18-291 & ELIXIS TRUST APN: 221-18-294APN: 221-18-293MORGAN, JAMES APN: 221-18-289 APN: 221-18-296 APN: 221-18-292 APN: 221-18-295GYTZEL & AHITORRE OWNER: ELLIS, BRIAN OWNER: ROMO, BLANCA OWNER: CHENG FEI &OWNER: PARRISH, LUZ M & WELDER, ALYSSA OWNER: CASTELLANOS, OWNER: NUKUNA, ZOE & OWNER: JONES, ROBERT OWNER: IBARRA, MIGUEL OWNER: CRUZ EGOR & MARIA OWNER: CORDOVA, RICHARD OWNER: CONEN, WILLIAM & OWNER: DANIELS, MATTHEW OWNER: STEFANO, NICHOLAS EX-LOT 296 PR-LOT 293C DA-1 Q100=8 CFS PROPOSED 1-STORY MICROHOSPITAL 32,250 SF PR-LOT 293A (PUBLIC) CERIUS STRAVENUE RED ROCK RIDGE RD. EX-LOT 295 (PUBLIC) NOTE: THIS DOCUMENT IS A "DEVELOPMENT PLAN" PR-LOT 294B PR-LOT 294A AND IS NOT FOR CONSTRUCTION. THE GRADING DESIGN, UTILITY LOCATIONS AND DETAILS SHOWN HEREIN ARE CONCEPTUAL. DETAILED CONSTRUCTION DOCUMENTS, INCLUDING ALL APPLICABLE DETAILS AND SPECIFICATIONS IN DA2 ACCORDANCE WITH MARANA REQUIREMENTS, Q100=34 CFS PR-LOT 293B WILL BE SUBMITTED UNDER SEPARATE COVER FOR REVIEW AND APPROVAL PRIOR TO CARONDELET HEALTH NETWORK MICRO HOSPITAL DA1+DA2+IHOP CONSTRUCTION. Q100=48 CFS OFFSITE FLOW (IHOP) Q100=6 CFS C O R T A R O F A R M S ( P R U O B A L ID C ) . . . . . . . . . . . ... . E 0 x 2 p 0 i 2 r/ e s1 3 03/ DPP1801-001 Marana Regular Council Meeting 04/03/2018Page 91 of 190 111 ASPHALTIC PAVEMENT SECTIONCONCRETE DRAINAGE CHANNEL KEYED CONSTRUCTION NOTES 258 CONCRETE PAVEMENT SECTIONACCESSIBLE PARKING STALL DETAILsRIP RAP LINED SPILLWAY CARONDELET HEALTH NETWORK MICRO HOSPITAL 369 RAMP DETAIL 'A'RAMP DETAIL 'B' NOT FOR CONSTRUCTION. THE GRADING DESIGN, UTILITY . . . . . . . . . . . .... E 0 x 2 p NOTE:THIS DOCUMENT IS A "DEVELOPMENT PLAN" AND IS LOCATIONS AND DETAILS SHOWN HEREIN ARE CONCEPTUAL. DETAILED CONSTRUCTION DOCUMENTS,INCLUDING ALL APPLICABLE DETAILS AND SPECIFICATIONS IN ACCORDANCE WITH MARANA REQUIREMENTS,WILL BE SUBMITTED UNDER SEPARATE COVER FOR REVIEW AND APPROVAL PRIOR TO CONSTRUCTION. 0 i2 r / e s1 3 03/ DPP1801-001 X4710 CURB OPENINGPRECAST CONCRETE WHEEL STOPCURB HEIGHT TRANSITION DETAIL Marana Regular Council Meeting 04/03/2018Page 92 of 190 30'-2 3/4" STEEL GATES PAINTED TO SMOOTH FACE CAST STONE 14'-9 3/8" MATCH PLASTER SMOOTH FACE CAST STONE SMOOTH FACE CAST STONE SILL/CAP SILL/CAP 2'-1 5/8"26'-0 1/4"2'-0 7/8" SILL/CAP EXTERIOR MATERIAL GENERAL NOTES MODIFIED CEMENT PLASTER MODIFIED CEMENT PLASTER MODIFIED CEMENT PLASTER SYSTEM 1. CONTROL JOINTS ARE TO BE PROVIDED CONSISTENT WITH BUILDING ELEVATIONS. MAXIMUM SYSTEM SYSTEM PORTLAND CEMENT STUCCO PANEL SIZE SHALL NOT EXCEED 144 SQ. FT. FROM CONTROL JOINT TO 6'-0"CONTROL JOINT(S) AT ANY EXTERIOR LOCATION. PROVIDE VERTICAL PROPRIETARY REVEAL AT THE CORNER OF A CHANGE IN PORTLAND CEMENT STUCCO COLOR. REF. ELEV. 2. MASONRY EXPANSION AND CONTROL JOINTS ARE TO BE PROVIDED PER MANUFACTURER AND TRADE INDUSTRY STANDARDS 2" STEEL TUBE REINFORCING 3. MATCH MORTAR COLOR 4. DO NOT SCALE DRAWINGS. IF DIMENSIONS ARE IN QUESTION, THE CONTRACTOR SHALL BE DUMPSTER ENCLOSURE - FRONT ELEVATIONDUMPSTER ENCLOSURE - LEFT ELEVATIONDUMPSTER ENCLOSURE - REAR ELEVATION RESPONSIBLE FOR OBTAINING CLARIFICATIONS FROM THE ARCHITECT 151617 6 SCALE: 1/8" = 1'-0"6 SCALE: 1/8" = 1'-0"6 SCALE: 1/8" = 1'-0" 5. IDENTIFIED DIMENSIONS ARE TO ROUGH OPENINGS. GC TO FIELD VERIFY ALL OPENINGS AND ADJUST FRAMING DIMENSIONS TO ACCOMMODATE NOTED JOINT WIDTHS 6. REFERENCE SPECIFICATIONS FOR EXTERIOR MATERIAL FINISH AND COLORS EXTERIOR MATERIAL COLOR LEGEND MODIFIED CEMENT PLASTER 36'-9 3/8" SYSTEM CONTROL JOINT ADHERED MANUFACTURED STONE MASONRY VENEER (THIN STONE) 20'-1 3/8"STN-1 - ELDORADO STONE - MOUNTAIN LEDGESTONE - SHASTA SMOOTH FACE CAST STONE SMOOTH FACE CAST STONE SILL/CAP SILL/CAP ALUMINUM COMPOSITE PANEL SYSTEM ACM-1 - CLEAR ANODIZED MODIFIED CEMENT PLASTER SYSTEM SMOOTH FACE CAST STONE MODIFIED CEMENT PLASTER SYSTEM 14'-11" SILL/CAP MCP-1 - DRYVIT #389 "SOUTHERN TAN" HOLLOW METAL DOOR AND FRAME MODIFIED CEMENT PLASTER SYSTEM MODIFIED CEMENT PLASTER 11'-4" MCP-2 - DRYVIT #426A "GOLDEN HARVEST" MODIFIED CEMENT PLASTER SYSTEM SYSTEM MODIFIED CEMENT PLASTER SYSTEM MCP-3 - DRYVIT #374B "FUDGE" DUMPSTER ENCLOSURE - RIGHT ELEVATIONGENERATOR ENCLOSURE - EAST ELEVATIONGENERATOR ENCLOSURE - SOUTH ELEVATION 181920 6 SCALE: 1/8" = 1'-0"6 SCALE: 1/8" = 1'-0"6 SCALE: 1/8" = 1'-0" GROUT FILLED CORE CAST STONE COPING 36'-9 3/8" T.O. MASONRY WALL 8" CMU U.N.O. 20'-1 3/8" MODIFIED CEMENT PLASTER SMOOTH FACE CAST STONE SMOOTH FACE CAST STONE SYSTEM SILL/CAP SILL/CAP MODIFIED CEMENT PLASTER3' - 6" SITE PAVING, REF. CIVIL SYSTEM REF: ELEVATIONSREF. CIVIL MODIFIED CEMENT PLASTER CAST STONE WALL CAP SYSTEM CONTROL JOINTT.O. PAVING HOLLOW METAL DOOR AND FRAME 3'-6"STUCCO ON CMU WALL 11'-4" MODIFIED CEMENT PLASTER3'-6" COLORS TO MATCH BUILDING SYSTEM FOUNDATION, T.O. PAVEMENT REFER TO STRUCT. GENERATOR ENCLOSURE - WEST ELEVATIONGENERATOR ENCLOSURE - NORTH ELEVATIONSITE ELEVATION - TYPICAL PARKING SCREEN WALLSITE DETAIL - TYPICAL SECTION AT SCREEN WALL 21222324 6 SCALE: 1/8" = 1'-0"6 SCALE: 1/8" = 1'-0"6 SCALE: 1/8" = 1'-0"6 SCALE: 1/2" = 1'-0" 1' - 0" RESERVED PARKING 1' - 6" "VAN - ACCESSIBLE" VAN ACCESSIBLE CARONDELET HEALTH NETWORK MICRO HOSPITAL SIGN WHERE INDICATED ON SITE PLANS 10" 5' - 6" MIN. 2"x2" PAINTED STEEL SIGN POST; REF: PAINT SCHEDULE 2500 PSI CONCRETE NOTE: THIS DOCUMENT IS A "DEVELOPMENT PLAN" AND IS NOT FOR CONSTRUCTION. THE GRADING 3' - 3" DESIGN, UTILITY LOCATIONS AND DETAILS SHOWN HEREIN ARE CONCEPTUAL. DETAILED CONSTRUCTION DOCUMENTS, INCLUDING ALL APPLICABLE DETAILS AND SPECIFICATIONS IN ACCORDANCE WITH MARANA REQUIREMENTS, WILL BE SUBMITTED UNDER SEPARATE COVER FOR REVIEW AND APPROVAL PRIOR TO 3" . . . . . . . CONSTRUCTION.. . . .. ... 1' - 6" E 0 x 2 p 0 i 2 r / e s1 3 03/ ACCESSIBLE SIGN POST DETAILBIKE RACK DETAIL TYPICAL PARKING STALL 2627 25 DPP1801-001 6 NOT TO SCALE 6 NOT TO SCALE 6 NOT TO SCALE Marana Regular Council Meeting 04/03/2018Page 93 of 190 Marana Regular Council Meeting 04/03/2018Page 94 of 190 Town of Marana Planning PRV1802-001: Cortaro Ranch Lots 293A through 294B Legend Marana Town Limits Parcels (Black) 1:9,027 Notes PRV1802-001: Cortaro Ranch Lots 293A 00.140.3Miles 0.3 This map is a user generated static output from an Internet mapping site and is for through 294B reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. WGS_1984_Web_Mercator_Auxiliary_Sphere © Latitude Geographics Group Ltd.Marana Regular Council Meeting 04/03/2018 THIS MAP IS NOT TO BE USED FOR NAVIGATION Page 95 of 190 Marana Regular Council Meeting 04/03/2018Page 96 of 190 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 20, 2018, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:00 p.m. Town Clerk Bronson called roll. Council Member McGorray participated telephonically. Vice Mayor Post and Council Member Bowen were excused. Council Member Comerford arrived at 7:01 p.m. There was a quorum present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Council Member Kai, second by Council Member Ziegler. Passed 5-0. CALL TO THE PUBLIC. No speaker cards were presented. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member Comerford Mayor Honea concurred and also stated that he was with a group who visited with Marana ağƩĭŷ ЋЉͲ ЋЉЊБ wĻŭǒƌğƩ /ƚǒƓĭźƌ aĻĻƷźƓŭ aźƓǒƷĻƭЊ Marana Regular Council Meeting 04/03/2018Page 97 of 190 Correctional Treatment Facility this afternoon, and he stated that he believes the facility is a real asset to the community and saves the community a great deal of money by having inmates cleaning our streets and parks. . Mr. Mehta reported that this is the season the community meetings are being held to update citizens on various issues and projects within or affecting the community. Presentations are given by various staff, including Community Services, Parks & Recreation, Engineering, Finance and Planning. The third and final meeting of the spring meetings will be this Thursday, March 22, 2018, at 6:00 p.m. at the Marana Municipal Complex. Notices have ttend. PRESENTATIONS CONSENT AGENDA. Motion to approve the Consent Agenda by Council Member Ziegler, second by Council Member Kai. Passed 5-0. C1 Resolution No. 2018-022: Relating to Risk Management; approving and authorizing the Mayor to sign the Fourth Amended and Restated Membership Agreement between the Town of Marana and the Arizona Municipal Risk Retention Pool (AMRRP) (Jane Fairall) C2 Resolution No. 2018-023: Relating to Floodplain Management; approving and authorizing the Mayor to sign the Cochie Canyon Levee Maintenance and Ingress- Egress Easement Agreement; and adopting the Operation and Maintenance Plan for the Cochie Canyon Levee (Frank Cassidy) C3 Approve Regular Council Meeting Minutes from March 6, 2018 (Jocelyn C. Bronson) LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a person transfer and location transfer series #7 Beer and Wine Bar liquor license application submitted by Thomas Robert Aguilera on behalf of Casa CBW, LLC, located at 8225 N. Courtney Page Way Ste. #191, Tucson, Arizona 85743. Presented by Jocelyn Bronson, who noted that the application was properly submitted, reviewed by staff and posted as required. No protests were received. Staff recommended approval. Motion to approve by Council Member McGorray, second by Council Member Kai. Passed 5-0. ağƩĭŷ ЋЉͲ ЋЉЊБ wĻŭǒƌğƩ /ƚǒƓĭźƌ aĻĻƷźƓŭ aźƓǒƷĻƭЋ Marana Regular Council Meeting 04/03/2018Page 98 of 190 BOARDS, COMMISSIONS AND COMMITTEES B1 Resolution No. 2018-024: Relating to Boards, Commissions and Committees; making appointments to the Board of Adjustment (Jocelyn C. Bronson). Presented by Jason Angell, who noted that this item is to approve the appointment of four individuals to fill the terms of four open seats on the Board of Adjustment. After advertising, staff received four applications which are included in the Council packets and were forwarded to the Council Committee for review. After receiving no objections, the item was placed on the agenda. If there are questions or the Council wishes to discuss this further, there is an executive session item on the agenda. Otherwise, if there are no concerns, staff recommends approval of the four applicants as written in Resolution No. 2081-024. Motion to approve by Council Member Ziegler, second by Council Member Kai. Passed 5-0. COUNCIL ACTION A1 Ordinance No. 2018.007: Relating to Traffic and Highways; amending Town Code Title 12 (Traffic and Highways), Chapter 12-7 (Construction in Town Rights-of- Way); revising section 12-7-5 (Permit process) to add grounds for denial of a permit; revising Section 12-7-8 (Construction requirements) to update reference to standard specifications and details; revising section 12-7-9 (Newly constructed asphalt pavements) to amend construction requirements for certain categories of asphalt; and designating an effective date (Jane Fairall). Ms. Fairall rohibited pavement cuts to asphalt that is five years old or less. This ordinance would change that so pavement cuts will be prohibited for pavement that has an overall index rating above 70 regardless of the age of the pavement. So the condition of the pavement rather than the age would determine whether open pavement cuts would be allowed. However, there are conditions in the code that if the only way construction can move forward is to make pavement cuts, the town engineer can grant a waiver of that provision. Under that circumstance, it would be the general rule that a directional bore would be used rather than an open pavement cut to preserve our good roads, streets and rights of way. The other proposed change would be that the town engineer could deny right of way permits for construction in our right of way if an applicant has failed to perform on a previously issued permit. Council Member Kai asked if staff has worked with the Southern Arizona Home Builders Association (SAHBA)and any concerns they have. Ms. Fairall noted that staff did reach out to stakeholders throughout southern Arizona, and a meeting was held here with pretty good attendance from the development community. Scott Leska from Public Works stated that there was not a lot of concern ing up anything at the meeting. They just wanted clarification on the ağƩĭŷ ЋЉͲ ЋЉЊБ wĻŭǒƌğƩ /ƚǒƓĭźƌ aĻĻƷźƓŭ aźƓǒƷĻƭЌ Marana Regular Council Meeting 04/03/2018Page 99 of 190 pavement cut moratorium in general and always requiring them to bore under the road rather than make pavement cuts. Council Member Kai asked about the life expectancy if pavement tests over 70 overall condition index OCI. Mr. Leska responded that it all depends on how well the road is maintained with different types of treatments. You could have a 15-year old road and do a treatment on it to make it 70 OCI. Since we have a six-year pavement treatment program, we try to keep all roads over 70 OCI. Motion to approve by Council Member Kai, second by Council Member Ziegler. Passed 5-0. A2 Ordinance No. 2018.008: Relating to Traffic and Highways; revising Marana Town Code Title 12 (Traffic and Highways) by adding a new Chapter 12-9 (Overdimensional Vehicles); and designating an effective date (Jane Fairall) Resolution No. 2018-025: Relating to Traffic and Highways; declaring as a public record filed with the Town Clerk the revisions to the Marana Town Code adopted by Marana Ordinance No. 2018.008; revising Marana Town Code Title 12 (Traffic and Highways) by adding a new Chapter 12-9 (Overdimensional Vehicles) (Jane Fairall) Ms. Fairall noted that this ordinance would add a new chapter to the Marana Town Code in Title 12 that would authorize the town to issue permits for overdimensional vehicles traveling on our streets and maintain and preserve the good roads within the town. The Legal department and Public Works have been working on this ordinance over the last several months. The key provisions to be noted is that we are not doing anything outside of relevant state law, so that any permits the town issues would conform to state law and regulations. The ordinance would allow permits for single trips for 30 days or for one year. For the yearly permit, the load would have to be for the same weight and equipment. The intent is to work with the permitee to find the best route, but if we had a concern wherein we felt there needed to be an analysis to carry a load over a bridge or a culvert, we could require the applicant to do an analysis at their expense and provide that to staff prior to issuing the permit. Any failure to comply with the ordinance, such as not getting a permit, is a civil infraction. Staff is proposing permit fees. The current fees are not before Council tonight, although we have advertised them in the comprehensive fee schedule which has been discussed at a prior study session relative to the budget process. Staff is suggesting fees comparable to state law and other municipal permitting schemes, which is $15 for a single trip, $30 for a 30-day permit, or $360 for a one-year permit. Even if the ordinance is adopted now, these fees would not go into effect until the new comprehensive fee schedule or amendments to the fee schedule is adopted after July1, 2018. Council Member Kai the legal limit to take a route that has less impact on the condition of the road. Ms. ağƩĭŷ ЋЉͲ ЋЉЊБ wĻŭǒƌğƩ /ƚǒƓĭźƌ aĻĻƷźƓŭ aźƓǒƷĻƭЍ Marana Regular Council Meeting 04/03/2018Page 100 of 190 Fairall responded that if the loads are within the legal limits and dimensions as allowed by state law, there is very little staff can do as far as permitting. Local government cannot be more stringent than what is allowed by state law. Perhaps some additional outreach can be done with companies. Council Member Ziegler asked if the town regulates weight. How do we know if a truck is overweight? Ms. Fairall responded ordinance would give us a tool to monitor and perhaps make a stop if there is reasonable suspicion to believe that a load is overweight or overdimensional. Motion to approve Ordinance No. 2018.008 and Resolution No. 2018-025 by Council Member Ziegler, second by Council Member Kai. Passed 5-0. ITEMS FOR DISCUSSION / POSSIBLE ACTION D1 Relating to Public Safety; discussion and direction regarding the Town's public safety communications system, including discussion regarding possible migration of the Town's system to the Pima County Wireless Integrated Network (PCWIN) radio system (Carl Drescher). Mr. Drescher noted that the current radio system in place can no longer be supported as a mission-critical public safety system. He proceeded with a brief overview of a history and the technology challenges that we may encounter. There was a general movement of vendors away from custom-built systems and more to off-the-shelf equipment. One of the major reasons for doing this was to take advantage of some of the advances we see year-in and year-out with hardware and software. The good news is that we able to use some of these hardware and software advances. The bad news is that as equipment ages, it becomes harder to replace. A good example that we see today is on our dispatch consoles. We are using a version of Windows that is five revisions old. It still is a good, stable version. The problem is that if we have a hardware correct device drivers for the old version of the operating system supported. We have two options before us that make sense. One is to replace our current radio system. The other is to look at migrating our radio traffic over to the PCWIN system. The PCWIN system came online in 2014. In March of 2017, the town officially joined PCWIN as a member, and we secured 12 radios that we use for our command staff in the police department for interoperable communications with all the other fire and law enforcement agencies that are on PCWIN. The PCWIN in general was very well built, and since it went online in 2014, there have been no major outages or system issues. With Marana joining last year, we are part of 34 law enforcement agencies who are members of the PCWIN system. ağƩĭŷ ЋЉͲ ЋЉЊБ wĻŭǒƌğƩ /ƚǒƓĭźƌ aĻĻƷźƓŭ aźƓǒƷĻƭЎ Marana Regular Council Meeting 04/03/2018Page 101 of 190 PCWIN is governed by the board of directors whose responsibility is setting the strategic direction, oversight of the system and also creating policy moving forward. Mayor Honea asked who selects the board of directors. Mr. Drescher responded that the board consists of one member from each participating member no matter what the size of the agency, and each member has one vote which is not weighted. He continued that prior to coming to the town, he was involved in the initial configuration and build- out of the PCWIN system. Now that we are in the operational phase, what he is seeing good cooperative environment from all of the members who are working together for the operation of the system and planning for its future. Regarding the governance board, there are two other committees of which the town is also a member an operational committee and a technical advisory committee. Those committees work through issues and provide input and recommendations to the board of directors. He also noted that Chief Rozema is the primary member on the board, and Deputy Chief Nunez is the secondary member. Whichever option is selected, it is important to understand that 9-1-1 calls from Marana will be answered at our center, and Marana police will be dispatched by our our intention to keep our current radio system alive and functioning for things such as Explorer training or Marana events. We would just need to work with a vendor to provide parts to keep it alive. And in a catastrophic event, it would give us a back-up for our public safety communications. Chief Rozema spoke to the operational impacts. The interoperability issue has been one that has been one posed to public safety for the better part of 17 years or 9/11. All of the recommendations and push since that time has been to push toward interoperability. On a daily basis we are working with Northwest Fire, and to work with Northwest Fire and have to communicate with our dispatch people and then their dispatch people and back and forth multiple times is a very cumbersome and drawn He also noted that Marana police interact and work with on a weekly and sometimes dailOffice. Multiple relays of messages back and forth can be very difficult by impeding our ability to carry out our tasks in the most efficient way. Radio interoperability eliminates the relay impediments so that we can seamlessly communicate. It is good that we got the 13 radios in 2017, but most of the work that is being done is by the ground level police and fire personnel. Chief Rozema further noted that his involvement with the governing board has been extremely positive. We have been welcomed to the table and treated as a voting member. Rick Brown, who formerly worked for Marana, is now the executive director of the PCWIN system and is someone we trust and also have a great relationship with. Mayor Honea asked if the board sets the cost for monthly fees or changing radios. ağƩĭŷ ЋЉͲ ЋЉЊБ wĻŭǒƌğƩ /ƚǒƓĭźƌ aĻĻƷźƓŭ aźƓǒƷĻƭЏ Marana Regular Council Meeting 04/03/2018Page 102 of 190 Mr. Drescher responded that the board looks at the budget annually, and since the initial implementation of the system the actual costs of the radio is $33. In the last four years, it has maintained the $33 figure. The Board looks at the overall maintenance costs and what upgrades needs to occur. That is how the budget is set. Council Member Comerford asked if all 34 agencies are on the same frequency. Chief Rozema stated that they are not, but they do have the ability to communicate with each other by switching to a different frequency. Council Member Kai asked for clarification on the ability to communicate with different agencies not on PCWIN in the case of a flood or other emergency and whether if FEMA comes in, would we have the ability to communicate with FEMA. Chief Rozema on the network, it would not preclude the town from using one of our radios to communicate with them. In that type of situation, we go under what is called a unified command, so everyone would have a representative at the command post and would be communicating with them directly and not necessarily via the radio. Mr. Montague then addressed the financial implicationsof PCWIN. To join PCWIN, there is a capital element of about $575K. The bulk of that, or about $360K, is for dispatch consoles. Approximately $100K is for licenses, and then there is some back-end infrastructure that needs to be replaced redundant loops and switches. In the current budget, the annual maintenance is about $175K. We anticipate that by going into PCWIN those annual costs would be about $80K. That savings would accumulate over time to pay for the one-time capital expenditure after six years. The alternative would be for the town to maintain its own system for a one-time capital expense of about $1.4M to replace the existing system which will no longer be supported. Ongoing annual maintenance would be higher than even our current structure, at approximately $250K. Mr. Montague continued that based on the technology piece presented by Mr. Drescher, the operability aspect as described by Chief Rozema, and the financial element, it is Mayor Honea asked if there was a cost toexit the PCWIN system. Mr. Drescher stated that there would be no cost other than that the town would have to build a new system for town use. Also, the town would own all of the radios and dispatch centers. Council Member Comerford thanked staff for a great presentation and noted that this was a major improvement from the first time it was presented to Council. communications to the PCWIN system, second by Council Member Kai. Passed 5-0. D2 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Jamsheed Mehta) ağƩĭŷ ЋЉͲ ЋЉЊБ wĻŭǒƌğƩ /ƚǒƓĭźƌ aĻĻƷźƓŭ aźƓǒƷĻƭА Marana Regular Council Meeting 04/03/2018Page 103 of 190 Mr. Mehta began by noting that Council receives a weekly report on over 20 different House or Senate bills that we are tracking. He focused on two bills which may significantly impact our operations one way or another. The first one is being sponsored by Cox Communications dealing with video service. Their proposal is that instead of applying to the individual jurisdictions in which they would be doing a curb cut or a pavement cut, which we just talked about, they would go directly once to a state agency such as the Secretary of State and make an application, and that would be good for any jurisdiction they want to perform work in. The town is opposed and our opposition is being represented by our lobbyists and by the League of Cities and Towns as the bill stands right now. The other bill has to do with the County Transportation Excise Tax, but there have been several variations to that. This is SB 1147 or HB 2165. This started as legislation to allow for the County, which normally would require a super majority to put any excise tax forward. As initially proposed, the County would only have to have a simple majority to put an excise tax item on the ballot and call it a transportation plan. That bill has morphed into a bill where the RTA of a jurisdiction would have the ability to go to the voters and ask for an extension to their existing plan. For example in Pima County, if there was the ability to do so, that would give the RTA a renewed life of possibly of up to 2030 or even 2040. At this time, we have more questions than answers on this. While it appears to have changed its general format from being a County-sponsored bill into an RTA-supporting tax extension bill, there is no word of this at the RTA. We would be interested in knowing more from the RTA group. We are not proposing to oppose or support the bill whole-heartedly because we have more questions, but it is something that we should be tuned into before this goes forward. It is scheduled for a hearing in the House Ways and Means on March 22, but it is not yet scheduled to go to the Committee of the Whole (COW). There are still some unknown elements such as whether the Board of Supervisors will have a role in the RTA tax extension. EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E2 Executive Session pursuant to A.R.S. § 38-431.03 (A)(1) for discussion, consideration and possible interviews of candidates for appointment to the Board of Adjustment. FUTURE AGENDA ITEMS if three or more Council members request that an item be placed on the agenda, it must ağƩĭŷ ЋЉͲ ЋЉЊБ wĻŭǒƌğƩ /ƚǒƓĭźƌ aĻĻƷźƓŭ aźƓǒƷĻƭБ Marana Regular Council Meeting 04/03/2018Page 104 of 190 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. Upon motion by Council Member Ziegler, second by Council Member Kai, the meeting adjourned at 7:53 p.m. Passed 5-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on March 20, 2018. I further certify that a quorum was present. _______________________________________ Jocelyn C. Bronson, MaranaTown Clerk ağƩĭŷ ЋЉͲ ЋЉЊБ wĻŭǒƌğƩ /ƚǒƓĭźƌ aĻĻƷźƓŭ aźƓǒƷĻƭВ Marana Regular Council Meeting 04/03/2018Page 105 of 190 Marana Regular Council Meeting 04/03/2018Page 106 of 190 Marana Regular Council Meeting 04/03/2018Page 107 of 190 MARANA RESOLUTION NO. 2018-031 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; MAKING AN APPOINTMENT TO THE COUNCIL COMMITTEE FOR PLANNING COMMISSION AND BOARD OF ADJUSTMENT APPOINTMENTS WHEREAS on March 5, 2013, the Town Council adopted Resolution No. 2013-020 establishing the Council Committee for Planning Commission and Board of Adjustment Appointments and appointing Councilmembers Patti Comerford, Carol McGorray and Roxanne Ziegler to serve on the Committee; and WHEREAS the recent death of Councilmember Carol McGorray has created a vacancy on the Council Committee; and WHEREAS the Mayor and Council find that the appointment addressed 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, that _____________________ is hereby appointed to the Council Committee for Planning Commission and Board of Adjustment Appointments to serveunless and until removal by the full Town Council or Committee member resignation. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of April, 2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2018-031 Marana Regular Council Meeting 04/03/2018Page 108 of 190 Marana Regular Council Meeting 04/03/2018Page 109 of 190 Marana Regular Council Meeting 04/03/2018Page 110 of 190 Marana Regular Council Meeting 04/03/2018Page 111 of 190 MARANA ORDINANCE NO. 2018.010 RELATING TO DEVELOPMENT; AMENDING TITLE 17 (LAND DEVELOPMENT) OF THE MARANA TOWN CODE BY ADDING NEW CHAPTER 17-4 (ZONING) TO ESTABLISH THE DOWNTOWN MARANA OVERLAY (DO), DOWNTOWN NEIGHBORHOOD (DN), DOWNTOWN (DT) AND BLENDED-USE (BU) ZONING DISTRICTS; AND REZONING APPROXIMATELY 0.43 SQUARE MILES OF LAND LOCATED SOUTH OF THE MARANA ROAD/INTERSTATE 10 TRAFFIC INTERCHANGE TO DOWNTOWN MARANA OVERLAY (DO) WHEREAS the Town of Marana desires to facilitate the development of a walkable, mixed-use downtown area; and WHEREAS, with the assistance of the Placemakers outside consulting firm, Town staff has prepared and brought forward case PCM1801-001, consisting of amendments to Title 17 (Land Development) of the Marana Town Code and a proposed rezoning of 0.43 square miles of land, all of which is intended to facilitate walkable, mixed-use development in an identified Downtown Marana Overlay (DO) zone and in future areas where landowners request Blended-Use (BU) zoning; and WHEREAS the Marana Planning Commission held a public hearing on PCM1801-001 on January 31, 2018, and voted 6 to 0 with one Commissioner absent to recommend approval; and WHEREAS the Marana Town Council held a public hearing on PCM1801-001 on April 3, 2018, and determined that the requested amendments to Title 17 (Land Development) of the Marana Town Code and a proposed rezoning of 0.43 square miles of land should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: Section 1. The revisions to Title 17 (Land Development) of the Marana Town Code adding new Chapter 17-4 (Zoning) to establish the Downtown Marana Overlay (DO), Downtown Neighborhood (DN), Downtown (DT) and Blended-Use (BU) zoning districts a copy of which is on file in the office of the Town Clerk of the Town of Marana, Arizona, and which were made a public record by and attached as Exhibit A to Resolution No. 2018-032 of the Town of Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if fully set out here. 00056764.DOCX /1 Marana Ordinance No. 2018.010 - 1 - 3/28/2018 5:16 PM Marana Regular Council Meeting 04/03/2018Page 112 of 190 Section 2. The land area depicted in Exhibit A attached to and incorporated by this reference in this ordinance is hereby rezoned to Downtown Marana Overlay (DO), where all existing underlying zoning remains effective and in place but where landowners have the option to develop the land in accordance with the Downtown Neighborhood (DN) or Downtown (DT) zoning regulations adopted pursuant to Section 1 of this ordinance. Section 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall become effective on May 4, 2018. P ASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, rd this 3 day of April, 2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00056764.DOCX /1 Marana Ordinance No. 2018.010 - 2 - 3/28/2018 5:16 PM Marana Regular Council Meeting 04/03/2018Page 113 of 190 EXHIBIT A 28-020F 26-010A 26-0110 26-0120 28-0370 1 26-0170 28-0450 26-0160 28-0070 1.28-0030 28-0360 2.28-0140 3.28-0130 28-0430 28-031D 28-0350 28-0110 28-0340 28-0120 28-0420 28-0330 32 28-016A 28-0180 37-0700 37-069A 37-071B 37-0860 37-0850 37-0620 Downtown Marana Overlay District (0.43 Square Miles) 37-0920 Parcels affected by the downtown overlay district (Parcel # 217-XX-XXXX) Feet 0200400600800 ´ Marana Regular Council Meeting 04/03/2018Page 114 of 190 MARANA RESOLUTION NO. 2018-032 RELATING TO DEVELOPMENT; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO.2018.010, AMENDING TITLE 17 (LAND DEVELOPMENT) OF THE MARANA TOWN CODE BY ADDING NEW CHAPTER 17-4 (ZONING) TO ESTABLISH THE DOWNTOWN MARANA OVERLAY (DO),DOWNTOWN NEIGHBORHOOD (DN), DOWNTOWN (DT) AND BLENDED-USE (BU) ZONING DISTRICTS BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the amendments adopted by Ordinance No.2018.010, amending Title 17 (Land Development) of the Marana Town Code by adding new Chapter 17-4 (Zoning) to establish the Downtown Marana Overlay (DO), Downtown Neighborhood (DN), Downtown (DT) and Blended-Use (BU) zoning districts; a copy of which is attached to and incorporated in this resolution as Exhibit A and which is on file in the office of the Town Clerk, are hereby declared to be a public record and or- dered to remain on file with the Town Clerk. PASSED AND ADOPTEDBY THE MAYOR AND COUNCIL OF THE TOWN rd OF MARANA, ARIZONA, this 3 day of April, 2018. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00056765.DOCX /1 Marana Resolution No. 2018-032 3/26/2018 4:12 PM Marana Regular Council Meeting 04/03/2018Page 115 of 190 Title 17. Land Development 17 CHAPTER 17-4.ZONING Sections: 17-4-1 New zone districts established ..........................1 17-4-2 17-4-18 (Reserved) ...........................................1 17-4-19 Mixed-use zoning districts ................................1 17-4-20 Mixed-use streets .............................................16 17-4-21 Blended-use (BU) .............................................27 17-4-22 Downtown Marana overlay (DO) ...................29 17-4-23 Downtown neighborhood (DN) ......................30 17-4-24 Downtown (DT)...............................................31 17-4-1New zone districts established The BU, DO, DN, and DT zones established and regulated by sections 17-4-19 through 17-4-24 are new zoning districts that supplement the zoning districts set forth in title 5 (zoning) of the Marana land development code. 17-4-2 17-4-18 (Reserved) 17-4-19Mixed-use zoning districts A.General. The mixed-use zoning districts are the BU, DO, DT, and DN zones. Properties in mixed-use zoning districts are regulated primarily on the physical form, intensity, character, and size of buildings and uses. Use restrictions in the mixed- use zoning districts are found in the use matrix set forth in Table 1 below. B.Purpose. The mixed-use zoning districts promote walkable, compact, downtown and neighborhood development. The zones will vary the intensity of land use, variety of land uses, scale and size of buildings, and other factors according to the context. 1.The BU zone is implemented through a blended-use plan, approved with the rezoning to BU, comprised of a combination of the three intensities described below and regulated by section 17-4-20. a.Low intensity: Consists of single-family residential areas, with some mix of uses, home occupations, and accessory buildings. b.Medium intensity: Consists of a mix of uses but is primarily blended density residential. It contains a wide range of building typeshouses, courtyard housing, townhouses, duplexes, triplexes, small apartment buildings, and live-work units. 00054062.DOCX /13 M ARANA T OWN C ODE 1 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 116 of 190 Title 17. Land Development 17 c.High intensity: Consists of higher density mixed-use buildings that accommodate retail, offices, institutions, and apartments or condominiums. 2.The DT and DN zones are implemented through a downtown implementation plan, submitted by one or more owners of land located in the DO district. Until submission and approval of a downtown implementation plan, the underlying zoning entitlements remain in place. Upon town approval of a downtown implementation plan, the underlying zoning entitlements are replaced with the zoning entitlements set forth in the DT and DN zones. C.Use. Mixed-use districts are subject to the requirements of Table 1 below, where the notations have the following meanings: 1.the use is permitted subject to design standards. 2.the use is permitted as an accessory use located on the same lot with a permitted use. 3.the use is allowed upon approval of a conditional use permit (see section 17-3-2). 4.allowed upon meeting the conditions set forth in Table 2 below. 5.y use permit (see section 17-3-3). 6. D.Uses not mentioned. 1.General presumption. Uses not listed in Table 1 and not otherwise prohibited by law shall be presumed to be permitted subject to the conditions and restrictions that apply to the most similar use, as determined by the planning director. A use shall be prohibited only if the planning director determines that the use is not similar to any listed use. 2.Planning director determination. In making the determination required by paragraph 17-4-19 D. 1above, the planning director shall use as a guide the most recently published north American industry classification system as established by the United States census bureau. 3.Notice of determination. determination under paragraph 17-4-19 D. 1 above shall be filed in the office of the town clerk, with copies provided to the council and manager. 4. determination may be ratified or modified by legislative 00054062.DOCX /13 M ARANA T OWN C ODE 2 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 117 of 190 Title 17. Land Development 17 action of the town council upon recommendation by the planning commission. 5.No similar uses. If the planning director determines that a similar use does not exist, the planning director may submit an amendment to this section to establish a specific listing for the use in question by legislative action of the town council upon recommendation by the planning commission. Table 1.Mixed-use zoning district use matrix Use Blended use zone Downtown (BU) intensity overlay (DO) Low Medium High DN DT Residential Single-family detached P P X P X Two-family P P X P X Three-family X P P P P Townhouse X P P P P Multi-family X U P U P Live-work X P P P P Accessory dwelling P P P P P Detached accessory A A A A A structure Group home C C C C C Home occupation A A A A A Model home A A A A A Modular home C X X X X Sales office T T P T P Sports court, unlighted A A A A X Civic space Park P P U P U Green P P U P U Square P P P P P PlazaX P P P P Multipurpose field P P X P X Playground P P P P P Community garden P P P P P Agricultural Corral, barn, or other A X X X X animal-keeping structure Greenhouse P U U U U Kennel A X X X X Stables A X X X X Lodging Bed and breakfast U U X U P Hotel X X P U P 00054062.DOCX /13 M ARANA T OWN C ODE 3 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 118 of 190 Title 17. Land Development 17 Table 1.Mixed-use zoning district use matrix Use Blended use zone Downtown (BU) intensity overlay (DO) Low Medium High DN DT Resort X X P U X Entertainment Adult entertainment X X X X X Bowling center X X P X P Theater, excluding X X P X P drive-in Automotive Automobile service X X C X X facility Automobile fuel station X X C X X Auto sales X X X X X Car wash X X C X X Drive-thru facility X X C X X Office Live-work U U P U P Office U U P U P Service Business service X U U U U Commercial laundry X X U U X Child care home provider P P P P X Day care center C C C C C Financial institution X X U U U Hospital X X P X X Medical clinic X U U U C Medical marijuana X X C X C dispensary Mini-storage X X X X X Personal service X P P P P Veterinary clinic X X U C C Retail Bar, pub, tavern, micro-X U U U U brewery Live-work X P P P P Package liquor store X X U X U Restaurant X U U U U Retail facility X U U U U Institutional Cemetery or mausoleum U U X U X Club or meeting hall X U U X X Funeral home X U U U U Museum X U U U U 00054062.DOCX /13 M ARANA T OWN C ODE 4 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 119 of 190 Title 17. Land Development 17 Table 1.Mixed-use zoning district use matrix Use Blended use zone Downtown (BU) intensity overlay (DO) Low Medium High DN DT Place of worship U U U U U Education Elementary or middle U U U U X school High school X U U U X Utilities Communications facility C C C C C Utility facility C C C C C 6.Multiple uses. Multiple uses within a single site or building are permitted in all mixed-use districts and areas. 7.Conditional uses. Conditional uses listed in Table 1 above are limited for size or intensity per Table 2 below. Table 2.Conditions per area BU low BU medium BU high intensity intensity; DN intensity;DT Civic space None None Parks and greens permitted along the perimeter Agricultural Not applicable On-site On-site parking may parking may not exceed 20 not exceed 30 spaces spaces Residential Not applicable Six dwelling No maximum units maximum Lodging Six rooms 12 rooms No maximum maximum maximum Office 600 sq. ft. 6,000 sq. ft. per No maximum maximum floor maximum Service & retail Not applicable 10,000 sq. ft. 30,000 sq. ft. maximum; no maximum; no open storage open storage Institutional On-site On-site On-site parking may parking may parking may not exceed 20 not exceed 30 not exceed 50 spaces spaces spaces 00054062.DOCX /13 M ARANA T OWN C ODE 5 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 120 of 190 Title 17. Land Development 17 Table 2.Conditions per area BU low BU medium BU high intensity intensity; DN intensity;DT Education Not applicable Childcare facilities may have no more than four parking spaces; elementary schools may not exceed five acres unless playground has 24-hour access E.Civic space. The purpose of civic space is to ensure civic amenities are appropriate in type and location. Civic space is required per the standards below. 1.At least 5% of the net developable area of all blended-use plans and of downtown implementation plans five acres or larger must be dedicated to civic space. 2.Civic spaces are identified and located in the blended-use plan or downtown implementation plan, and are permitted by location per Table 1 above. 3.Each blended-use plan or downtown implementation plan 40 acres or more in area must have at least onegreen, square, or plaza (see 2, 3, or 4 of Table 3). The main civic space must be located within 800 feet of the geographic center of the plan and may be adjusted up to 25% in length from the center by the planning director for topographical conditions, or existing street alignment. 4.A square or plaza (3 and 4 of Table 3) must have a minimum of 50% of its perimeter bounded by streets. 5.Civic spaces are designed per Table 3. Table 3.Civic space types 1.Park Area Three acres, minimum Standard: A space independent of surrounding building frontages. Landscape must consist of paths and trails, fields, and open shelters, all naturalistically disposed. 00054062.DOCX /13 M ARANA T OWN C ODE 6 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 121 of 190 Title 17. Land Development 17 Table 3.Civic space types 2.Green Area One to five acres Standard: An open space spatially bounded by landscaping rather than building frontages. Character consists of landscaping and trees, naturalistically disposed. 3.Square Area One-half to five acres Standard: An open space spatially bounded by building frontages. Landscape consists of paths, landscaping and trees, formally disposed. Squares are located at the intersection of major streets. 4.Plaza Area One-quarter to four acres Standard: A plaza is formed by building fronts. Landscape consists primarily of pavement. Shade is required for 30% of the space. Plazas must be located at the intersection of major streets. 5.Neighborhood multipurpose field Area One and a half to three acres Standard: There must be a 20-ft. clear zone at the perimeter landscaped with canopy trees. If adjacent to a street, the street trees may provide the required shade. The multipurpose field may also serve as a stormwater basin. 00054062.DOCX /13 M ARANA T OWN C ODE 7 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 122 of 190 Title 17. Land Development 17 Table 3.Civic space types 6.Playground Area Varies Standard: A playground must be fenced and may include an open shelter or shade structure. Playgrounds are located within residential areas and may be placed within a block or as part of another civic space. 7.Community garden Area Varies Standard: Community gardens consist of land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. F.Development standards. 1.Block sizes are regulated by the standards. 2.Site standards. a.Setbacks. Buildings must be set back from parcel boundaries according to Table 9, Table 10, Table 11, Table 12, and Table 13 below. b.Lot coverage. Lot coverage by buildings is limited to the maximum percentage specified in to Table 9, Table 10, Table 11, Table 12, andTable 13 below. c.Yards. Yard types must be assigned along all frontages and are limited by type according to Table 4 below. Landscaping in yards is subject to the requirements of Table 4, Table 9, Table 10, Table 11, Table 12, and Table 13 below. Where the minimum number of required trees cannot be reasonably planted, they may be accommodated with additional streetscape improvements. d.Buffers are not required within blended-use plans or downtown implementation plans, except as specifically required by Table 9, Table 10, Table 11, Table 12, and Table 13 below. Street frontage buffers are not required 00054062.DOCX /13 M ARANA T OWN C ODE 8 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 123 of 190 Title 17. Land Development 17 in blended-use plans or downtown implementation plans. Table 4.Yard types 1.Common Illustration (BU low intensity) Illustration (BU medium intensity; DN) PlantingSee Table 9, Table 10, Table 11, Table 12, and Table 13; trees should shade the sidewalk Surface 70% minimum must be landscaped; paving is limited to sidewalks and driveways Walkways One per frontage providing access to building entries FencingNot permitted 00054062.DOCX /13 M ARANA T OWN C ODE 9 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 124 of 190 Title 17. Land Development 17 Table 4.Yard types 2.Fenced Illustration (BU low intensity) Illustration (BU medium intensity; DN) PlantingSee Table 9, Table 10, Table 11, Table 12, and Table 13; trees should shade the sidewalk Surface 50% minimum must be landscaped; paving is limited to sidewalks and driveways Walkways One per frontage providing access to building entries Fencing Required at frontages; three feet minimum and four feet maximum in height 3.Shallow Illustration PlantingSee Table 9, Table 10, Table 11, Table 12 and Table 13 Surface Landscaped in M, DN and paved in H, DT (vegetation is permitted in raised containers) Walkways One per building entry Fencing Permitted at building setback line or at outdoor seating areas; three feet maximum in height 00054062.DOCX /13 M ARANA T OWN C ODE 10 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 125 of 190 Title 17. Land Development 17 Table 4.Yard types 4.Urban Illustration PlantingNot applicable Surface Must be paved; vegetation is permitted in raised containers Walkways Not applicable Fencing Permitted outdoor seating areas only; three feet maximum in height 5.Pedestrian forecourt Illustration PlantingNot applicable Surface Must be paved; vegetation is permitted in courtyard or containers Fencing Permitted outdoor seating areas only; three feet maximum in height Area 1,800 sq. ft. maximum Activation Must be bordered by habitable spaces on threesides, or on two sides at corner sites 00054062.DOCX /13 M ARANA T OWN C ODE 11 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 126 of 190 Title 17. Land Development 17 Table 4.Yard types 6.Vehicular forecourt Illustration PlantingNot required Surface Driveway must be paved; the remainder of the yard may be paved or landscaped Fencing Permitted outdoor seating areas only; three feet maximum in height Area 3,000 sq. ft. maximum Activation Must be bordered by habitable spaces on threesides, or on two sides at corner sites e.Parking location. Parking on the site must comply with the following: i.Parking is required to be behind the building. ii.Parking must be accessed from an alley or rear lane in the BU medium and high intensity areas and in the DN and DT zones. iii.Open parking areas must be screened from the street by a building or streetscreen. iv.A streetscreen must have openings no wider than the driveway or sidewalk, plus a setback of 18 inches at driveway intersections. f.Parking requirements. No minimum parking requirements apply in the mixed-use zones. Maximum parking requirements apply to certain uses (see Table 2). 3.Building standards. a.Minimum frontage buildout. Minimum frontage buildout indicates facades must be built along the prescribed length of the property line as regulated by Table 9, Table 10, Table 11, Table 12, and Table 13 and as illustrated in Figure 1. 00054062.DOCX /13 M ARANA T OWN C ODE 12 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 127 of 190 Title 17. Land Development 17 Figure 1. Frontage buildout b.Height. Building heights are measure in stories with the following restrictions: i.Stories are measured from finished floor to finished ceiling. ii.Stories may not exceed 14 feet in height, except that a commercial use on the first floor has a minimum height of 12 feet and a maximum height of 25 feet. iii.Height limits do not apply to attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. iv.Edge conditions. Height is limited to adjacent parcel zoning height within 50 feet of the lot line in all mixed-use zones. c.All outdoor electrical, plumbing, and mechanical equipment must be located behind the front facade, or concealed from street view with a screen or wall. These facilities may not encroach into any setback. d.The habitable area of an accessory dwelling may not exceed 800 sq. ft. or 30% of a principal dwelling, whichever is greater. Garages are not considered habitable area. e.Facades i.The facade must conform to Table 5 and is permitted as specified by Table 9, Table 10, Table 11, Table 12, and Table 13. ii.Building entries must be provided as follows: a)The main entrance to the principal building must be located on the primary facade. b)One entry must be provided for every 80 feet of facade leading to habitable space. 00054062.DOCX /13 M ARANA T OWN C ODE 13 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 128 of 190 Title 17. Land Development 17 1)Buildings on corner lots are exempt from entry frequency requirements if the facade is under 50 feet in length. iii.Glazing. a)At least 15% of each story of each facade must be glazed with clear glass. b)At least 50% of the first story of buildings facing Marana Main Street must be glazed with clear glass. c)Additional glazing requirement apply to shopfronts per Table 5. iv.Buildings may include multiple facade types along their length, each type no less than 30 feet in width. v.A shopfront is required for all ground floor commercial uses in the BU high intensity area and in the DT zone except for lodging and office. Table 5.Facade types 1.Porch Requirement Minimum depth of six feet 2.Stoop Requirement Minimum of one foot above highest adjacent sidewalk grade 00054062.DOCX /13 M ARANA T OWN C ODE 14 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 129 of 190 Title 17. Land Development 17 Table 5.Facade types 3.Common entry Awnings and canopies should encroach into the right-of-way 4.Terrace Requirement Minimum eight inches above highest adjacent sidewalk grade 5.Shopfront RequirementAt least 50% of each ground floor facade must be glazed with clear glass 00054062.DOCX /13 M ARANA T OWN C ODE 15 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 130 of 190 Title 17. Land Development 17 Table 5.Facade types 6.Gallery Requirements At least 50% of each ground floor facade must be glazed with clear glass Must be at least eight feet deep with at least ten feet of vertical clearance 17-4-20Mixed-use streets The requirements of this section street standards manual, apply within the BU, DN, and DT zones. A.Centerlines of offset thoroughfares entering onto collector or arterial thoroughfares must be at least 300 feet apart. B.Streets must connect to other streets, forming a network. The planning director is authorized to permit a deviation to this requirement, thereby allowing a dead-end street terminating in a cul-de-sac, consistent with the following requirements: 1.The planning director, in consultation with the town engineer, makes one or more of the following determinations: a.The physical terrain will make connection to other streets cost-prohibitive or unsafe. b.Existing development physically blocks connection to other streets. c.Access restrictions or standard traffic engineering considerations make connection impossible or unsafe. 2.Connectivity for bicycles and pedestrians should be created and maintained whenever possible, even when there is no vehicular connectivity. 3.No cul-de-sac may exceed the greater of 300 feet to the center of the bulb or one-half block in length. C.Block standards. 1.Blocks consist of lots surrounded by streets. 00054062.DOCX /13 M ARANA T OWN C ODE 16 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 131 of 190 Title 17. Land Development 17 a.Lengths of block faces may not exceed the maximum length of a block face, measured along lot lines, per Table 6, except the planning director may increase the maximum length by up to 10% to accommodate specific site conditions. Table 6.Maximum block face length Zone or Intensity Length in feet BU low intensity 500 BU medium intensity 400 BU high intensity 300 DT 300 DN 400 b.Where two or more zones or intensities occur on the same block face, the block face length may not exceed the shortest required length. 2.The planning director may exempt blocks adjacent to undeveloped land, areas unsuitable for development, or pre-existing incomplete blocks from a limitation on block length. 3.Block faces exceeding 500 feet must be subdivided with a sidewalk extending through the block that is 12 feet wide, minimum. 4.Rear alleys are required for medium and high intensity areas in the BU zone and in DT and DN zones. Rear alleys are not mandatory where the rear lot lines are at the edge of the site to be subdivided or where the block has been previously subdivided. D.Intersection sight visibility distances are determined based on the subdivision street standards, except that sight visibility zones are not required for mixed-use zone intersections controlled by a traffic signal or stop sign. E.Streets in mixed-use zones must be designed as follows: 1.Streets classified as arterial roadways shall use the avenue street cross section (Table 7, cross section 1) 2.Streets classified as collector roadways shall use the avenue or street cross section (Table 7, cross section 1, 2, 3, or 4). 3.Streets classified as local roadways shall use the street cross section (Table 7, cross section2, 3, or 4). 4.As an alternative to the above, streets in the BU high intensity area and in the DT zone may use the commercial streetmixed parking or parking plaza street cross sections (Table 7, cross section 7 or 8). 00054062.DOCX /13 M ARANA T OWN C ODE 17 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 132 of 190 Title 17. Land Development 17 5.The alley cross section (Table 7, cross section 5) may be used for secondary, service, or parking access. 00054062.DOCX /13 M ARANA T OWN C ODE 18 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 133 of 190 Title 17. Land Development 17 Table 7.Mixed-use street cross sections 1.Avenue Street type Avenue Right-of-way width 100 feet Pavement width 62 feettotal (31 feet each) Movement Free movement, inner lanes Travel lanes Four Parking lanes Parallel both sides, eight feet Curb radius, effective Ten feet Walkway type Sidewalk, ten feet Planter type Four-foot by seven-foot tree well Curb type Vertical, with gutter Street trees Maximum 30 feet on center 00054062.DOCX /13 M ARANA T OWN C ODE 19 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 134 of 190 Title 17. Land Development 17 Table 7.Mixed-use street cross sections 2.Commercial street with diagonal parking Street type Commercial street with diagonal parking Right-of-way width 80 feet Pavement width 57 feet Movement Free movement Travel lanes Two Parking lanes Diagonal both sides, 17.5 feet Curb radius, effective Ten feet Walkway type Sidewalk, 11.5 feet Planter type Four foot by seven foot tree well Curb type Curb with gutter and/or ribbon gutter Street trees Maximum 30 feet on center 00054062.DOCX /13 M ARANA T OWN C ODE 20 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 135 of 190 Title 17. Land Development 17 Table 7.Mixed-use street cross sections 3.Commercial local street with parallel parking Street type Commercial local street with parallel parking Right-of-way width 36 feet; utility and access easement in the sidewalks Pavement width 36 feet Movement Free Travel lanes Two Parking lanes Parallel both sides, eight feet Curb radius, effective Ten feet Walkway type Sidewalk, 12 feet Planter type Four-foot by seven-foot tree well Curb type Vertical, with gutter Street trees Maximum 30 feet on center 00054062.DOCX /13 M ARANA T OWN C ODE 21 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 136 of 190 Title 17. Land Development 17 Table 7.Mixed-use street cross sections 4.Street Street type Street Right-of-way width 32 feet; utility and access easement in curb ways Pavement width 32 feet Movement Slow Travel lanes Two Parking lanes Parallel both sides, six feet. Omit mid- block for 40 foot long staging area. Curb radius, effective Ten feet Walkway type Sidewalk, five feet Planter type Curbway, eight feet landscaped Curb type Mountable, with gutter Street trees Maximum 40 feet on center 00054062.DOCX /13 M ARANA T OWN C ODE 22 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 137 of 190 Title 17. Land Development 17 Table 7.Mixed-use street cross sections 5.Commercial alley Street type Commercial alley Right-of-way width 22 feet Pavement width 11 feet Movement Slow Travel lanes Two Parking lanes None Curb radius Four feet chamfer Walkway type Not applicable Planter type Not applicable Curb type Not applicable Landscape Not applicable 00054062.DOCX /13 M ARANA T OWN C ODE 23 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 138 of 190 Title 17. Land Development 17 Table 7.Mixed-use street cross sections 6.Residential alley Street type Residential alley Right-of-way width 22 feet Pavement width 12 feet Movement Yield Travel lanes One Parking lanes None Curb radius Four feet Walkway type Not applicable Planter type Not applicable Curb type Not applicable Landscape Not applicable 00054062.DOCX /13 M ARANA T OWN C ODE 24 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 139 of 190 Title 17. Land Development 17 Table 7.Mixed-use street cross sections 7.Commercial streetmixed parking Street type Commercial streetmixed parking Right-of-way width 90 feet Pavement width 48 feet Movement Free Travel lanes Two Parking lanes Diagonal, 18 feet; parallel, 8 feet Curb radius, effective Ten feet; 25 feet at existing intersections Walkway type Sidewalk, 21 feet Planter type Tree well, varies Curb type Vertical, with gutter Street trees Maximum 40 feet on center 00054062.DOCX /13 M ARANA T OWN C ODE 25 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 140 of 190 Title 17. Land Development 17 Table 7.Mixed-use street cross sections 8.Parking plaza street Street type Parking plaza street Right-of-way width 107 feet Pavement width 74 feet pervious pavers Movement Free Travel lanes Two Parking lanes Diagonal, 18 feet center; parallel, eight feet sides Curb radius, effective Ten feet; 25 feet at existing intersections Walkway type Sidewalk, 15 feet Planter type 4 ft. x 4 ft. tree well, 6 ft. x 9 ft. center wells Curb type Vertical Street trees Maximum 40 feet on center 00054062.DOCX /13 M ARANA T OWN C ODE 26 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 141 of 190 Title 17. Land Development 17 17-4-21Blended-use (BU) The blended-use zoning district may be applied by process of rezoning to any parcel 40 acres or greater. The approval of rezoning to BU adopts the blended-use plan submitted by the applicant in conformance with this section and section 17-4-19 (Mixed-use zoning districts). A.Blended-use neighborhood types. 1.Aldea. This blended-use neighborhood type consists of no less than 40 acres and no more than 80 acres. 2.Pueblo. This blended-use neighborhood type has no less than 80 acres, and no more than 200 acres. B.Multiple neighborhoods must be developed under a single application on properties larger than 200 acres. C.Intensities. Aldeas and pueblos are comprised of land assigned to intensities rather than uses. The minimum and maximum percentage of the blended-use planto be assigned to each intensity is given in Table 8 below. Table 8. Neighborhood areas Low Medium intensity intensity High intensity Aldea 0 45% 25 75% 0 35% Pueblo 0 30% 40 70% 0 30% D.Development standards per intensity area. Table 9.Low intensity Lot width 60 feet minimum, 120 feet maximum FrontagebuildoutNot applicable Lot coverage 50% maximum Setbacks Front, primary 20 feet minimum Front, secondary 15 feet minimum Side ten feet minimum Rear 12 feet minimum, five feet minimum for accessory buildings Parking or enclosed storage 20 feet behind front facade Building height Two stories maximum Yard Common Fenced Facades Porch Stoop 00054062.DOCX /13 M ARANA T OWN C ODE 27 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 142 of 190 Title 17. Land Development 17 Table 9.Low intensity Encroachments Porch or patio 40% of setbackmaximum, but no more than 8 feet Balcony or bay window 20% of setback maximum, but no more than four feet LandscapingTwotrees required for every 60feet of lot width Table 10.Medium intensity Lot width 24 feet minimum, 96 feet maximum Frontage buildout 60% minimum at setback Lot coverage 70% maximum Setbacks Front, primary six feet minimum, 18 feet maximum Front, secondary six feet minimum, 18 feet maximum Side none Rear three feet minimum Parking or enclosed storage 20 feet behind front facade, with access from alley or rear lane (see paragraph 17-4- 19 F.2.e above) Buildings height Three stories maximum Yard Fenced Shallow Facades Porch Stoop Terrace Common entry Encroachments Porch, patio or stoop 60% of actual setback, but no more than eight feet Balcony or bay window 20% of actual setback, but no more than four feet Landscaping Minimum ten-foot landscaped buffer abutting non-mixed use residential zones Minimum of one tree for every 40 feet of lot width (in addition to street trees) Parking lots Must have a minimum of 15% landscaped area, evenly distributed throughout the parking lot and adjacent to buildings Landscaped islands must provide one tree for every six parking stalls 00054062.DOCX /13 M ARANA T OWN C ODE 28 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 143 of 190 Title 17. Land Development 17 Table 11.High intensity Lot width 18 feet minimum, 180 feet maximum Frontage buildout 80% minimum at setback Lot coverage 80% maximum Setbacks Front, primary no minimum, 12feet maximum Front, secondary no minimum, 12 feet maximum Side no minimum, 24 feet maximum Rear three feet minimum Parking or enclosed storage 20 feet behind front facade, with access from alley or rear lane (see paragraph 17-4- 19 F.2.e above) Buildings height Four stories maximum Yard Shallow Urban Pedestrian forecourt Vehicular forecourt Facades Stoop Common entry Terrace Shopfront Gallery Encroachments Awnings and galleries may encroach the sidewalk to within two feet of the curb Balcony or bay window 100% of setback maximum Landscaping Minimum 20-foot landscaped buffer abutting non-mixed use residential zones Parking lots Must have a minimum of 10% landscaped area, evenly distributed throughout the parking lot and adjacent to buildings Landscaped islands must provide one tree for every ten parking stalls 17-4-22Downtown Marana overlay (DO) A.Purpose. The DO is an overlay designation identifying geographic areas where owners of land may opt to replace their underlying zoning entitlements with the DN and DT zone designations. B.Application. To obtain DN and DT zoning in the DO district, one or more property owners must submit a downtown implementation plan, showing (at a minimum) the requested locations of DN and DT zone designations on their property. 00054062.DOCX /13 M ARANA T OWN C ODE 29 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 144 of 190 Title 17. Land Development 17 C.Administrative approval. The planning director is authorized and directed to approve a downtown implementation plan that conforms to the requirements of sections 17-4-19 (Mixed-use zoning districts), 17-4-22 (Downtown Marana overlay (DO)), 17-4-23 (Downtown neighborhood (DN)), and 17-4-24 (Downtown (DT)), and meets the following minimum requirements: 1.The DT designation includes all land within 100 feet of the Marana Main Street right-of-way line. 2.The DN designation includes all land within 100 feet of the property line of all properties containing existing single family residences, excluding any such property for which the property owner consents in writing. 3.The DN designation must be used for land that meets both of the previous two paragraphs. D.Council approval. Any downtown implementation plan not approved pursuant to paragraph C of this section may be submitted as an application for rezoning, which shall be reviewed through the normal rezoning process. 17-4-23Downtown neighborhood (DN) A.Purpose. The DN zone implements the Marana general plan by providing a transition from the DT to surrounding areas. This zone consists of a mix of uses but is primarily medium density residential. It may contain a wide range of building types: houses, courtyard housing, townhouses, duplexes, triplexes, apartment buildings, and live-work units. B.Development standards. Table 12.Downtown neighborhood (DN) Lot width 24 feet minimum, 96 feet maximum Frontage buildout 60% minimum at setback Lot coverage 70% maximum Setbacks Frontsix feet minimum, 18 feet maximum Side no minimum Rear three feet minimum Parking or enclosed storage 20 feet behind front facade Buildings height Three stories maximum Yard Fenced Shallow 00054062.DOCX /13 M ARANA T OWN C ODE 30 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 145 of 190 Title 17. Land Development 17 Table 12.Downtown neighborhood (DN) Facades Porch Stoop Terrace Common entry Shopfront Encroachments Porch, patio or stoop 60% of actual setback, but no more than eight feet Balcony or bay window 20% of actual, but no more than four feet Landscaping Minimum ten-foot landscaped buffer abutting non-mixed use residential zones One tree required for every 40 feet of lot width (in addition to street trees) Parking lots Must have a minimum of 15% landscaped area, evenly distributed throughout the parking lot and adjacent to buildings Landscaped islands must provide one tree for every six parking stalls 17-4-24Downtown (DT) A.Purpose. The DT zone implements the Marana general plan by providing a mixed-use center for town. This zone consists of higher density mixed-use buildings that accommodate retail, offices, institutions, and apartments. It has a network of walkable streets that create blocks along Marana Main Street with wide sidewalks, street trees, awnings or galleries for shade,and buildings set close to the sidewalks. B.Development standards. Table 13.Downtown (DT) Lot width 18 feet minimum, 180 feet maximum Frontage buildout 80% minimum at setback Lot coverage 80% maximum Setbacks Frontno minimum, 12 feet maximum Side no minimum, 24 feet maximum Rear three feet minimum Buildings height Four stories maximum Yard Shallow Urban Pedestrian forecourt Vehicular forecourt 00054062.DOCX /13 M ARANA T OWN C ODE 31 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 146 of 190 Title 17. Land Development 17 Table 13.Downtown (DT) Facades Common entry Terrace Shopfront Gallery EncroachmentsAwnings and galleries may encroach the sidewalk to within two feet of the curb Balcony or bay window 100% of setback maximum Landscaping Minimum 20-foot landscaped buffer abutting non-mixed use residential zones Parking lots Must have a minimum of 10% landscaped area, evenly distributed throughout the parking lot and adjacent to buildings Landscaped islands must provide one tree for every ten parking stalls 00054062.DOCX /13 M ARANA T OWN C ODE 32 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 147 of 190 Title 17. Land Development 17 CHAPTER 17-4.ZONING Sections: 17-4-1 New zone districts established 1 17-4-2 17-4-2018 (Reserved) 1 17-4-219 Mixed-use zoning districts 1 17-4-220 Mixed-use streets 156 17-4-231 Blended-use (BU) 257 17-4-242 Downtown Marana overlay (DO) 279 17-4-253 Downtown neighborhood (DN) 2830 17-4-264 Downtown (DT) 2931 17-4-1New zone districts established The BU, DO, DN, and DT zones established and regulated by sections 17-4-219 through 17-4-264 are new zoning districts that supplement the zoning districts set forth in title 5 (zoning) of the Marana land development code. 17-4-2 17-4-2018 (Reserved) 17-4-19Mixed-use zoning districts A.General. The mixed-use zoning districts are the BU, DO, DT, and DN zones. Properties in mixed-use zoning districts are regulated primarily on the physical form, intensity, character, and size of buildings and uses. Use restrictions in the mixed- use zoning districts are found in the use matrix set forth in Table 1 below. B.Purpose. The mixed-use zoning districts promote walkable, compact, downtown and neighborhood development. The zones will vary the intensity of land use, variety of land uses, scale and size of buildings, and other factors according to the context. 1.The BU zone is implemented through a blended-use plan, approved with the rezoning to BU, comprised of a combination of the three intensities described below and regulated by section 17-4-220. a.Low intensity: Consists of single-family residential areas, with some mix of uses, home occupations, and accessory buildings. b.Medium intensity: Consists of a mix of uses but is primarily blended density residential. It contains a wide range of building typeshouses, courtyard housing, townhouses, duplexes, triplexes, small apartment buildings, and live-work units. 00054062.DOCX /13 M ARANA T OWN C ODE 1 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 148 of 190 Title 17. Land Development 17 c.High intensity: Consists of higher density mixed-use buildings that accommodate retail, offices, institutions, and apartments or condominiums. 2.The DT and DN zones are implemented through a downtown implementation plan, submitted by one or more owners of land located in the DO district. Until submission and approval of a downtown implementation plan, the underlying zoning entitlements remain in place. Upon town approval of a downtown implementation plan, the underlying zoning entitlements are replaced with the zoning entitlements set forth in the DT and DN zones. C.Use. Mixed-use districts are subject to the requirements of Table 1 below, where the notations have the following meanings: 1.the use is permitted subject to design standards. 2.the use is permitted as an accessory use located on the same lot with a permitted use. 3.the use is allowed upon approval of a conditional use permit (see section 17-3-2). 4.e conditions set forth in Table 2 below. 5. use permit (see section 17-3-3). 6. D.Uses not mentioned. 1.General presumption. Uses not listed in Table 1 and not otherwise prohibited by law shall be presumed to be permitted subject to the conditions and restrictions that apply to the most similar use, as determined by the planning director. A use shall be prohibited only if the planning director determines that the use is not similar to any listed use. 2.Planning director determination. In making the determination required by paragraph 17-4-219 D. 1 above, the planning director shall use as a guide the most recently published north American industry classification system as established by the United States census bureau. 3.Notice of determination. determination under paragraph 17-4-219 D. 1 above shall be filed in the office of the town clerk, with copies provided to the council and manager. 4.Ratification or determination may be ratified or modified by legislative 00054062.DOCX /13 M ARANA T OWN C ODE 2 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 149 of 190 Title 17. Land Development 17 action of the town council upon recommendation by the planning commission. 5.No similar uses. If the planning director determines that a similar use does not exist, the planning director may submit an amendment to this section to establish a specific listing for the use in question by legislative action of the town council upon recommendation by the planning commission. Table 1.Mixed-use zoning district use matrix Use Blended use zone Downtown (BU) intensity overlay (DO) Low Medium High DN DT Residential Single-family detached P P X P X Two-family P P X P X Three-family X P P P P Townhouse X P P P P Multi-family X CU P CU P Live-work X P P P P Accessory dwelling P P P P P Detached accessory A A A A A structure Group home C C C C C Home occupation A A A A A Model home A A A A A Modular home C X X X X Sales office T T P T P Sports court, unlighted A A A A X Civic space Park P P U P U Green P P U P U Square P P P P P PlazaX P P P P Multipurpose field P P X P X Playground P P P P P Community garden P P P P P Agricultural Corral, barn, or other A X X X X animal-keeping structure Greenhouse P U U U U Kennel A X X X X Stables A X X X X Lodging Bed and breakfast U U X U P 00054062.DOCX /13 M ARANA T OWN C ODE 3 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 150 of 190 Title 17. Land Development 17 Table 1.Mixed-use zoning district use matrix Use Blended use zone Downtown (BU) intensity overlay (DO) Low Medium High DN DT Hotel X X P U P Resort X X P U X Entertainment Adult entertainment X X X X X Bowling center X X P X P Theater, excluding X X P X P drive-in Automotive Automobile service X X C X X facility Automobile fuel station X X C X X Auto sales X X X X X Car wash X X C X X Drive-thru facility X X C X X Office Live-work U U P U P Office U U P U P Service Business service X U U U U Commercial laundry X X U U X Child care home provider P P P P X Day care center C C C C C Financial institution X X U U U Hospital X X P X X Medical clinic X U U U C Medical marijuana X X C X C dispensary Mini-storage X X X X X Personal service X P P P P Veterinary clinic X X U C C Retail Bar, pub, tavern, micro-X U U U U brewery Live-work X P P P P Package liquor store X X U X U Restaurant X U U U U Retail facility X U U U U Institutional Cemetery or mausoleum U U X U X Club or meeting hall X U U X X Funeral home X U U U U 00054062.DOCX /13 M ARANA T OWN C ODE 4 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 151 of 190 Title 17. Land Development 17 Table 1.Mixed-use zoning district use matrix Use Blended use zone Downtown (BU) intensity overlay (DO) Low Medium High DN DT Museum X U U U U Place of worship U U U U U Education Elementary or middle U U U U X school High school X U U U X Utilities Communications facility C C C C C Utility facility C C C C C 6.Multiple uses. Multiple uses within a single site or building are permitted in all mixed-use districts and areas. 7.Conditional uses. Conditional uses listed in Table 1 above are limited for size or intensity per Table 2 below. Table 2.Conditions per area BU- low BU- medium BU-high intensity intensity; DN intensity;DT Civic space None None Parks and greens permitted along the perimeter Agricultural Not applicable On-site On-site parking may parking may not exceed 20 not exceed 30 spaces spaces Residential Not applicable Six dwelling No maximum units maximum Lodging Six rooms 12 rooms No maximum maximum maximum Office 600 sq. ft. 6,000 sq. ft. per No maximum maximum floor maximum Service & retail Not applicable 10,000 sq. ft. 30,000 sq. ft. maximum; no maximum; no open storage open storage Institutional On-site On-site On-site parking may parking may parking may 00054062.DOCX /13 M ARANA T OWN C ODE 5 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 152 of 190 Title 17. Land Development 17 Table 2.Conditions per area BU- low BU- medium BU-high intensity intensity; DN intensity;DT not exceed 20 not exceed 30 not exceed 50 spaces spaces spaces Education Not applicable Childcare facilities may have no more than four parking spaces; elementary schools may not exceed five acres unless playground has 24-hour access E.Civic space. The purpose of civic space is to ensure civic amenities are appropriate in type and location. Civic space is required per the standards below. 1.At least 5% of the net developable area of all blended-use plans and of downtown implementation plans five acres or larger must be dedicated to civic space. 2.Civic spaces are identified and located in the blended-use plan or downtown implementation plan, and are permitted by location per Table 1 above. 3.Each blended-use plan or downtown implementation plan 40 acres or more in area must have at least onegreen, square, or plaza (see 2, 3, or 4 of Table 3). The main civic space must be located within 800 feet of the geographic center of the plan and may be adjusted up to 25% in length from the center by the planning director for topographical conditions, or existing street alignment. 4.A square or plaza (3 and 4 of Table 3) must have a minimum of 50% of its perimeter bounded by streets. 5.Civic spaces are designed per Table 3. Table 3.Civic space types 1.Park Area Three acres, minimum Standard: A space independent of surrounding building frontages. Landscape must consist of paths and trails, fields, and open shelters, all naturalistically disposed. 00054062.DOCX /13 M ARANA T OWN C ODE 6 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 153 of 190 Title 17. Land Development 17 Table 3.Civic space types 2.Green Area One to five acres Standard: An open space spatially bounded by landscaping rather than building frontages. Character consists of landscaping and trees, naturalistically disposed. 3.Square Area One-half to five acres Standard: An open space spatially bounded by building frontages. Landscape consists of paths, landscaping and trees, formally disposed. Squares are located at the intersection of major streets. 4.Plaza Area One-quarter to four acres Standard: A plaza is formed by building fronts. Landscape consists primarily of pavement. Shade is required for 30% of the space. Plazas must be located at the intersection of major streets. 5.Neighborhood multipurpose field Area One and a half to three acres Standard: There must be a 20-ft. clear zone at the perimeter landscaped with canopy trees. If adjacent to a street, the street trees may provide the required shade. The multipurpose field may also serve as a stormwater basin. 00054062.DOCX /13 M ARANA T OWN C ODE 7 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 154 of 190 Title 17. Land Development 17 Table 3.Civic space types 6.Playground Area Varies Standard: A playground must be fenced and may include an open shelter or shade structure. Playgrounds are located within residential areas and may be placed within a block or as part of another civic space. 7.Community garden Area Varies Standard: Community gardens consist of land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. F.Development standards. 1.Block sizes are regulated by standards. 2.Site standards. a.Setbacks. Buildings must be set back from parcel boundaries according to Table 8, Table 9, Table 10, Table 11, Table 12, and Table 123below. b.Lot coverage. Lot coverage by buildings is limited to the maximum percentage specified in to Table 8, Table 9, Table 10, Table 11, Table 12, and Table 123 below. c.Yards. Yard types must be assigned along all frontages and are limited by type according to Table 4 below. Landscaping in yards is subject to the requirements of Table 4, Table 8, Table 9, Table 10, Table 11, Table 12, and Table 123 below.Where the minimum number of required trees cannot be reasonably planted, they may be accommodated with additional streetscape improvements. d.Buffers are not required within blended-use plans or downtown implementation plans, except as specifically required by Table 8, Table 9, Table 10, Table 11, Table 12, and Table 123 below. Street frontage buffers are not 00054062.DOCX /13 M ARANA T OWN C ODE 8 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 155 of 190 Title 17. Land Development 17 required in blended-use plans or downtown implementation plans. Table 4.Yard types 1.Common Illustration (BU low intensity) Illustration (BU medium intensity; DN) PlantingSee Table 8, Table 9, Table 10, Table 11, Table 12, and Table 123; trees should shade the sidewalk Surface 70% minimum must be landscaped; paving is limited to sidewalks and driveways Walkways One per frontage providing access to building entries Fencing Not permitted 00054062.DOCX /13 M ARANA T OWN C ODE 9 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 156 of 190 Title 17. Land Development 17 Table 4.Yard types 2.Fenced Illustration (BU low intensity) Illustration (BU medium intensity; DN) PlantingSee Table 8, Table 9, Table 10, Table 11, Table 12, and Table 123; trees should shade the sidewalk Surface 50% minimum must be landscaped; paving is limited to sidewalks and driveways Walkways One per frontage providing access to building entries Fencing Required at frontages; three feet minimum and four feet maximum in height 3.Shallow Illustration PlantingSee Table 8, Table 9, Table 10, Table 11 and, Table 12 and Table 13 Surface Landscaped in M, DN and paved in H, DT (vegetation is permitted in raised containers) Walkways One per building entry Fencing Permitted at building setback line or at outdoor seating areas; three feet maximum in height 00054062.DOCX /13 M ARANA T OWN C ODE 10 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 157 of 190 Title 17. Land Development 17 Table 4.Yard types 4.Urban Illustration PlantingNot applicable Surface Must be paved; vegetation is permitted in raised containers Walkways Not applicable Fencing Permitted outdoor seating areas only; three feet maximum in height 5.Pedestrian forecourt Illustration PlantingNot applicable Surface Must be paved; vegetation is permitted in courtyard or containers Fencing Permitted outdoor seating areas only; three feet maximum in height Area 1,800 sq. ft. maximum Activation Must be bordered by habitable spaces on threesides, or on two sides at corner sites 00054062.DOCX /13 M ARANA T OWN C ODE 11 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 158 of 190 Title 17. Land Development 17 Table 4.Yard types 6.Vehicular forecourt Illustration PlantingNot required Surface Driveway must be paved; the remainder of the yard may be paved or landscaped Fencing Permitted outdoor seating areas only; three feet maximum in height Area 3,000 sq. ft. maximum Activation Must be bordered by habitable spaces on threesides, or on two sides at corner sites e.Parking location. Parking on the site must comply with the following: i.Parking is required to be behind the building. ii.Parking must be accessed from an alley or rear lane in the BU medium and high intensity areas and in the DN and DT zones. iii.Open parking areas must be screened from the street by a building or streetscreen. iv.A streetscreen must have openings no wider than the driveway or sidewalk, plus a setback of 18 inches at driveway intersections. f.Parking requirements. No minimum parking requirements apply in the mixed-use zones. Maximum parking requirements apply to certain uses (see Table 2). 3.Building standards. a.Minimum frontage buildout. Minimum frontage buildout indicates facades must be built along the prescribed length of the property line as regulated by Table 8, Table 9, Table 10, Table 11, Table 12, and Table 123 and as illustrated in Figure 1. 00054062.DOCX /13 M ARANA T OWN C ODE 12 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 159 of 190 Title 17. Land Development 17 Figure 1. Frontage buildout b.Height. Building heights are measure in stories with the following restrictions: i.Stories are measured from finished floor to finished ceiling. ii.Stories may not exceed 14 feet in height, except that a commercial use on the first floor has a minimum height of 12 feet and a maximum height of 25 feet. iii.Height limits do not apply to attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. iv.Edge conditions. Height is limited to adjacent parcel zoning height within 50 feet of the lot line in all mixed-use zones. c.All outdoor electrical, plumbing, and mechanical equipment must be located behind the front facade, or concealed from street view with a screen or wall. These facilities may not encroach into any setback. d.The habitable area of an accessory dwelling may not exceed 800 sq. ft. or 30% of a principal dwelling, whichever is greater. Garages are not considered habitable area. e.Facades i.The facade must conform to Table 5 and is permitted as specified by Table 8, Table 9, Table 10, Table 11, Table 12, and Table 123. ii.Building entries must be provided as follows: a)The main entrance to the principal building must be located on the primary facade. 00054062.DOCX /13 M ARANA T OWN C ODE 13 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 160 of 190 Title 17. Land Development 17 b)One entry must be provided for every 80 feet of facade leading to habitable space. 1)Buildings on corner lots are exempt from entry frequency requirements if the facade is under 50 feet in length. iii.Glazing. a)At least 15% of each story of each facade must be glazed with clear glass. b)At least 50% of the first story of buildings facing Marana Main Street must be glazed with clear glass. c)Additional glazing requirement apply to shopfrontsper Table 5. iv.Buildings may include multiple facade types along their length, each type no less than 30 feet in width. v.A shopfront is required for all ground floor commercial uses in the BU high intensity area and in the DT zone except for lodging and office. Table 5.Facade types 1.Porch Requirement Minimum depth of six feet 2.Stoop Requirement Minimum of one foot above highest adjacent sidewalk grade 00054062.DOCX /13 M ARANA T OWN C ODE 14 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 161 of 190 Title 17. Land Development 17 Table 5.Facade types 3.Common entry Awnings and canopies should encroach into the right-of-way 4.Terrace Requirement Minimum eight inches above highest adjacent sidewalk grade 5.Shopfront RequirementAt least 50% of each ground floor facade must be glazed with clear glass 6.Gallery Requirements At least 50% of each ground floor facade must be glazed with clear glass 00054062.DOCX /13 M ARANA T OWN C ODE 15 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 162 of 190 Title 17. Land Development 17 Table 5.Facade types Must be at least eight feet deep with at least ten feet of vertical clearance 17-4-20Mixed-use streets The requirements of this section street standards manual, apply within the BU, DN, and DT zones. A.Centerlines of offset thoroughfares entering onto collector or arterial thoroughfares must be at least 300 feet apart. B.Streets must connect to other streets, forming a network. The planning director is authorized to permit a deviation to this requirement, thereby allowing a dead-end street terminating in a cul-de-sac, consistent with the following requirements: 1.The planning director, in consultation with the town engineer, makes one or more of the following determinations: a.The physical terrain will make connection to other streets cost-prohibitive or unsafe. b.Existing development physically blocks connection to other streets. c.Access restrictions or standard traffic engineering considerations make connection impossible or unsafe. 2.Connectivity for bicycles and pedestrians should be created and maintained whenever possible, even when there is no vehicular connectivity. 3.No cul-de-sac may exceed the greater of 300 feet to the center of the bulb or one-half block in length. C.Block standards. 1.Blocks consist of lots surrounded by streets. a.Lengths of block faces may not exceed the maximum length of a block face, measured along lot lines, per Table 6, except the planning director may increase the maximum length by up to 10% to accommodate specific site conditions. Table 6.Maximum block face length Zone or Intensity Length in feet BU low intensity 500 BU medium intensity 400 00054062.DOCX /13 M ARANA T OWN C ODE 16 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 163 of 190 Title 17. Land Development 17 Table 6.Maximum block face length BU high intensity 300 DT 300 DN 400 b.Where two or more zones or intensities occur on the same block face, the block face length may not exceed the shortest required length. 2.The planning director may exempt blocks adjacent to undeveloped land, areas unsuitable for development, or pre-existing incomplete blocks from a limitation on block length. 3.Block faces exceeding 500 feet must be subdivided with a sidewalk extending through the block that is 12 feet wide, minimum. 4.Rear alleys are required for medium and high intensity areas in the BU zone and in DT and DN zones. Rear alleys are not mandatory where the rear lot lines are at the edge of the site to be subdivided or where the block has been previously subdivided. D.Intersection sight visibility distances are determined based on the subdivision street standards, except that sight visibility zones are not required for mixed-use zone intersections controlled by a traffic signal or stop sign. E.Streets in mixed-use zones must be designed as follows: 1.Streets classified as arterial roadways shall use the avenue street cross section (Table 67, cross section 1) 2.Streets classified as collector roadways shall use the avenue or street cross section (Table 67, cross section 1, 2, 3, or 4). 3.Streets classified as local roadways shall use the street cross section (Table 67, cross section 2, 3, or 4). 4.As an alternative to the above, streets in the BU high intensity area and in the DT zone may use the commercial streetmixed parking or parking plaza street cross sections (Table 67, cross section 7 or 8). 5.The alley cross section (Table 67, cross section 5) may be used for secondary, service, or parking access. 00054062.DOCX /13 M ARANA T OWN C ODE 17 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 164 of 190 Title 17. Land Development 17 Table 7.Mixed-use street cross sections 1.Avenue Street type Avenue Right-of-way width 100 feet Pavement width 62 feettotal (31 feet each) Movement Free movement, inner lanes Travel lanes Four Parking lanes Parallel both sides, eight feet Curb radius, effective Ten feet Walkway type Sidewalk, ten feet Planter type Four-foot by seven-foot tree well Curb type Vertical, with gutter Street trees Maximum 30 feet on center 00054062.DOCX /13 M ARANA T OWN C ODE 18 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 165 of 190 Title 17. Land Development 17 Table 7.Mixed-use street cross sections 2.Commercial street with diagonal parking Street type Commercial street with diagonal parking Right-of-way width 80 feet Pavement width 57 feet Movement Free movement Travel lanes Two Parking lanes Diagonal both sides, 17.5 feet Curb radius, effective Ten feet Walkway type Sidewalk, 11.5 feet Planter type Four foot by seven foot tree well Curb type Curb with gutter and/or ribbon gutter Street trees Maximum 30 feet on center 00054062.DOCX /13 M ARANA T OWN C ODE 19 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 166 of 190 Title 17. Land Development 17 Table 7.Mixed-use street cross sections 3.Commercial local street with parallel parking Street type Commercial local street with parallel parking Right-of-way width 36 feet; utility and access easement in the sidewalks Pavement width 36 feet Movement Free Travel lanes Two Parking lanes Parallel both sides, eight feet Curb radius, effective Ten feet Walkway type Sidewalk, 12 feet Planter type Four-foot by seven-foot tree well Curb type Vertical, with gutter 00054062.DOCX /13 M ARANA T OWN C ODE 20 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 167 of 190 Title 17. Land Development 17 Table 7.Mixed-use street cross sections Street trees Maximum 30 feet on center 00054062.DOCX /13 M ARANA T OWN C ODE 21 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 168 of 190 Title 17. Land Development 17 Table 7.Mixed-use street cross sections 4.Street Street type Street Right-of-way width 32 feet; utility and access easement in curb ways Pavement width 32 feet Movement Slow Travel lanes Two Parking lanes Parallel both sides, six feet. Omit mid- block for 40 foot long staging area. Curb radius, effective Ten feet Walkway type Sidewalk, five feet Planter type Curbway, eight feet landscaped Curb type Mountable, with gutter 00054062.DOCX /13 M ARANA T OWN C ODE 22 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 169 of 190 Title 17. Land Development 17 Table 7.Mixed-use street cross sections Street trees Maximum 40 feet on center 5.Commercial alley Street type Commercial alley Right-of-way width 22 feet Pavement width 11 feet Movement Slow Travel lanes Two Parking lanes None Curb radius Four feet chamfer Walkway type Not applicable Planter type Not applicable Curb type Not applicable Landscape Not applicable 00054062.DOCX /13 M ARANA T OWN C ODE 23 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 170 of 190 Title 17. Land Development 17 Table 7.Mixed-use street cross sections 6.Residential alley Street type Residential alley Right-of-way width 22 feet Pavement width 12 feet Movement Yield Travel lanes One Parking lanes None Curb radius Four feet Walkway type Not applicable Planter type Not applicable Curb type Not applicable Landscape Not applicable 00054062.DOCX /13 M ARANA T OWN C ODE 24 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 171 of 190 Title 17. Land Development 17 Table 7.Mixed-use street cross sections 7.Commercial streetmixed parking Street type Commercial streetmixed parking Right-of-way width 90 feet Pavement width 48 feet Movement Free Travel lanes Two Parking lanes Diagonal, 18 feet; parallel, 8 feet Curb radius, effective Ten feet; 25 feet at existing intersections Walkway type Sidewalk, 21 feet Planter type Tree well, varies Curb type Vertical, with gutter Street trees Maximum 40 feet on center 00054062.DOCX /13 M ARANA T OWN C ODE 25 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 172 of 190 Title 17. Land Development 17 Table 7.Mixed-use street cross sections 8.Parking plaza street Street type Parking plaza street Right-of-way width 107 feet Pavement width 74 feet pervious pavers Movement Free Travel lanes Two Parking lanes Diagonal, 18 feet center; parallel, eight feet sides Curb radius, effective Ten feet; 25 feet at existing intersections Walkway type Sidewalk, 15 feet Planter type 4 ft. x 4 ft. tree well, 6 ft. x 9 ft. center wells Curb type Vertical Street trees Maximum 40 feet on center 00054062.DOCX /13 M ARANA T OWN C ODE 26 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 173 of 190 Title 17. Land Development 17 17-4-21Blended-use (BU) The blended-use zoning district may be applied by process of rezoning to any parcel 40 acres or greater. The approval of rezoning to BU adopts the blended-use plan submitted by the applicant in conformance with this section and section 17-4-219 (Mixed-use zoning districts). A.Blended-use neighborhood types. 1.Aldea. This blended-use neighborhood type consists of no less than 40 acres and no more than 80 acres. 2.Pueblo. This blended-use neighborhood type has no less than 80 acres, and no more than 200 acres. B.Multiple neighborhoods must be developed under a single application on properties larger than 200 acres. C.Intensities. Aldeas and pueblos are comprised of land assigned to intensities rather than uses. The minimum and maximum percentage of the blended-use plan assigned to each intensity is given in Table 78 below. Table 8. Neighborhood areas Low Medium intensity intensity High intensity Aldea 0 45% 25 75% 0 35% Pueblo 0 30% 40 70% 0 30% D.Development standards per intensity area. Table 9.Low intensity Lot width 60 feet minimum, 120 feet maximum Frontage buildoutNot applicable Lot coverage 50% maximum Setbacks Front, primary 20 feet minimum Front, secondary 15 feet minimum Side ten feet minimum Rear 12 feet minimum, five feet minimum for accessory buildings Parking or enclosed storage 20 feet behind front facade Building height Two stories maximum Yard Common Fenced Facades Porch Stoop 00054062.DOCX /13 M ARANA T OWN C ODE 27 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 174 of 190 Title 17. Land Development 17 Table 9.Low intensity Encroachments Porch or patio 40% of setbackmaximum, but no more than 8 feet Balcony or bay window 20% of setback maximum, but no more than four feet LandscapingTwotrees required for every 60feet of lot width Table 10.Medium intensity Lot width 24 feet minimum, 96 feet maximum Frontage buildout 60% minimum at setback Lot coverage 70% maximum Setbacks Front, primary six feet minimum, 18 feet maximum Front, secondary six feet minimum, 18 feet maximum Side none Rear three feet minimum Parking or enclosed storage 20 feet behind front facade, with access from alley or rear lane (see paragraph 17-4-219 F. 2. e above) Buildings height Three stories maximum Yard Fenced Shallow Facades Porch Stoop Terrace Common entry Encroachments Porch, patio or stoop 60% of actual setback, but no more than eight feet Balcony or bay window 20% of actual setback, but no more than four feet Landscaping Minimum ten-foot landscaped buffer abutting non-mixed use residential zones Minimum of one tree for every 40 feet of lot width (in addition to street trees) Parking lots Must have a minimum of 15% landscaped area, evenly distributed throughout the parking lot and adjacent to buildings Landscaped islands must provide one tree for every six parking stalls 00054062.DOCX /13 M ARANA T OWN C ODE 28 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 175 of 190 Title 17. Land Development 17 Table 11.High intensity Lot width 18 feet minimum, 180 feet maximum Frontage buildout 80% minimum at setback Lot coverage 80% maximum Setbacks Front, primary no minimum, 12feet maximum Front, secondary no minimum, 12 feet maximum Side no minimum, 24 feet maximum Rear three feet minimum Parking or enclosed storage 20 feet behind front facade, with access from alley or rear lane (see paragraph 17-4-219 F. 2. e above) Buildings height Four stories maximum Yard Shallow Urban Pedestrian forecourt Vehicular forecourt Facades Stoop Common entry Terrace Shopfront Gallery Encroachments Awnings and galleries may encroach the sidewalk to within two feet of the curb Balcony or bay window 100% of setback maximum Landscaping Minimum 20-foot landscaped buffer abutting non-mixed use residential zones Parking lots Must have a minimum of 10% landscaped area, evenly distributed throughout the parking lot and adjacent to buildings Landscaped islands must provide one tree for every ten parking stalls 17-4-22Downtown Marana overlay (DO) A.Purpose. The DO is an overlay designation identifying geographic areas where owners of land may opt to replace their underlying zoning entitlements with the DN and DT zone designations. B.Application. To obtain DN and DT zoning in the DO district, one or more property owners must submit a downtown implementation plan, showing (at a minimum) the requested locations of DN and DT zone designations on their property. 00054062.DOCX /13 M ARANA T OWN C ODE 29 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 176 of 190 Title 17. Land Development 17 C.Administrative approval. The planning director is authorized and directed to approve a downtown implementation plan that conforms to the requirements of sections 17-4-219 (Mixed-use zoning districts), 17-4-242 (Downtown Marana overlay (DO)), 17-4-253 (Downtown neighborhood (DN)), and 17-4-264 (Downtown (DT)), and meets the following minimum requirements: 1.The DT designation includes all land within 100 feet of the Marana Main Street right-of-way line. 2.The DN designation includes all land within 100 feet of the property line of all properties containing existing single family residences, excluding any such property for which the property owner consents in writing. 3.The DN designation must be used for land that meets both of the previous two paragraphs. D.Council approval. Any downtown implementation plan not approved pursuant to paragraph C of this section may be submitted as an application for rezoning, which shall be reviewed through the normal rezoning process. 17-4-23Downtown neighborhood (DN) A.Purpose. The DN zone implements the Marana general plan by providing a transition from the DT to surrounding areas. This zone consists of a mix of uses but is primarily medium density residential. It may contain a wide range of building types: houses, courtyard housing, townhouses, duplexes, triplexes, apartment buildings, and live-work units. B.Development standards. Table 12.Downtown neighborhood (DN) Lot width 24 feet minimum, 96 feet maximum Frontage buildout 60% minimum at setback Lot coverage 70% maximum Setbacks Frontsix feet minimum, 18 feet maximum Side no minimum Rear three feet minimum Parking or enclosed storage 20 feet behind front facade Buildings height Three stories maximum Yard Fenced Shallow Facades Porch Stoop 00054062.DOCX /13 M ARANA T OWN C ODE 30 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 177 of 190 Title 17. Land Development 17 Table 12.Downtown neighborhood (DN) Terrace Common entry Shopfront Encroachments Porch, patio or stoop 60% of actual setback, but no more than eight feet Balcony or bay window 20% of actual, but no more than four feet Landscaping Minimum ten-foot landscaped buffer abutting non-mixed use residential zones One tree required for every 40 feet of lot width (in addition to street trees) Parking lots Must have a minimum of 15% landscaped area, evenly distributed throughout the parking lot and adjacent to buildings Landscaped islands must provide one tree for every six parking stalls 17-4-24Downtown (DT) A.Purpose. The DT zone implements the Marana general plan by providing a mixed-use center for town. This zone consists of higher density mixed-use buildings that accommodate retail, offices, institutions, and apartments. It has a network of walkable streets that create blocks along Marana Main Street with wide sidewalks, street trees, awnings or galleries for shade, and buildings set close to the sidewalks. B.Development standards. Table 13.Downtown (DT) Lot width 18 feet minimum, 180 feet maximum Frontage buildout 80% minimum at setback Lot coverage 80% maximum Setbacks Frontno minimum, 12 feet maximum Side no minimum, 24 feet maximum Rear three feet minimum Buildings height Four stories maximum Yard Shallow Urban Pedestrian forecourt Vehicular forecourt Facades Common entry Terrace Shopfront Gallery 00054062.DOCX /13 M ARANA T OWN C ODE 31 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 178 of 190 Title 17. Land Development 17 Table 13.Downtown (DT) Encroachments Awnings and galleries may encroach the sidewalk to within two feet of the curb Balcony or bay window 100% of setback maximum LandscapingMinimum 20-foot landscaped buffer abutting non-mixed use residential zones Parking lots Must have a minimum of 10% landscaped area, evenly distributed throughout the parking lot and adjacent to buildings Landscaped islands must provide one tree for every ten parking stalls 00054062.DOCX /13 M ARANA T OWN C ODE 32 12/20/2017 3:34 PM S TAFF 3/26/2018 11:25 AM D RAFT Marana Regular Council Meeting 04/03/2018Page 179 of 190 Document comparison by Workshare Compare on Monday, March 26, 2018 11:27:45 AM Input: Document file://X:\\WDOX\\TNATDOCS\\DEVELOP\\LDC\\~VER\\10\\00054062.DO 1 IDCX Descriptio 00054062 n Document file://X:\\WDOX\\TNATDOCS\\DEVELOP\\LDC\\00054062.DOCX 2 ID Descriptio 00054062 n Rendering Standard set Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions92 Deletions55 Moved from0 Moved to0 Style change0 Format changed0 Marana Regular Council Meeting 04/03/2018Page 180 of 190 Total changes147 Marana Regular Council Meeting 04/03/2018Page 181 of 190 Marana Regular Council Meeting 04/03/2018Page 182 of 190 Marana Regular Council Meeting 04/03/2018Page 183 of 190 2018-2023 Capital Improvement Program McDuff Road Keith Brann, Town Engineer April 3, 2018 Marana Regular Council Meeting 04/03/2018Page 184 of 190 FY18 CIP in Review Approved CIP Projects -Transportation o Cracker Barrel Drive Reconstruction o 2017-2018 Pavement Preservation o Tangerine Road, Dove Mtnto La Canada o Tangerine Road Art Feature o Ina Bridge over the Santa Cruz o Adonis Road extension ROW acquisition o Marana Road Realignment Marana Regular Council Meeting 04/03/2018Page 185 of 190 McDuff Road Features o Grier Road to ADOT frontage Road o 1200 linear feet o 2 lanes o No curb or sidewalks o Was scheduled for pavement preservation rubberized chip seal o Used for truck detour route during Marana Road realignment Marana Regular Council Meeting 04/03/2018Page 186 of 190 McDuff Road Marana Regular Council Meeting 04/03/2018Page 187 of 190 McDuff Road Stage 2 New CIP project FY19 Stage 1 FY18 midyear project o Add street lighting o Repave McDuff Road o Add curb eastern side o Add sidewalk eastern side o Funding available from Marana Road realignment ST044 o Allows project to start in June, when school year ends o Allows for adequate project time for contractor Marana Regular Council Meeting 04/03/2018Page 188 of 190 Marana Regular Council Meeting 04/03/2018Page 189 of 190 Marana Regular Council Meeting 04/03/2018Page 190 of 190