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HomeMy WebLinkAboutGladden Farms II Specific Plan Amendment 2mp� -0441haa. Gladden Farms II Specific Plan Submitted to: Town of Marana 11555 West Civic Center Drive Tucson, Arizona 85653 Submitted by: Gladden Phase 11, LLC 333 East Wetmore Road Suite 250 Tucson, Arizona 85705 Specific Plan Adopted March 7, 2006 1St Amendment Approval December 18, 2006 2"d Amendment Approval March 6, 2018 MARANA ORDINANCE NO. 2006.03 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING TO CREATE THE GLADDEN FARMS H SPECIFIC PLAN. WHEREAS, The Planning Center represents the property owners of approximately 636 acres of land located within portions of Sections 34 and 35, Township 1 I South, Range I 1 East, as depicted on Exhibit "A" and Exhibit `B", attached hereto and incorporated herein by this reference; and, WHEREAS, the Marana Planning Commission held a public hearing on December l 4, 2005, and at said meeting voted unanimously to recommend that the Town Council approve said rezoning, adopting the recommended conditions; and, WHEREAS, the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held March 7, 2006 and has determined that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land use designation from Medium Density Residential and Corridor Commerce to Master Planning Area, and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. A minor amendment to the General Plan of approximately 636 -acres of land located within portions of Sections 34 and 35, Township 1 I South, Range 1 I East, east of the existing Gladden Farms development, south of Moore Road and north of the future Tangerine Farms Road (the "Rezoning Area"), changing the land use designation from Medium Density Residential and Corridor Commerce to Master Planning Area. Section 2. The zoning of approximately 636 -acres of land located within portions of Sections 34 and 35, Township 11 South, Range 11 East, east of the existing Gladden Farms development, south of Moore Road and north of the future Tangerine Farms Road (the "Rezoning Area"), is hereby changed from Zone "C" (Large Lot Zone) to "F" (Specific Plan) creating the Gladden Farms II Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for mix of residential densities and housing types, commercial uses and recreation and open space, subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion ofthis rezoning ordinance): Marana Ordinance No. 2006.03 Page I of 3 1. Compliance with all applicable provisions of the Town's Codes and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. The ultimate development proposed by this rezoning shall be consistent with the adopted development agreement. 3. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 4. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 5. The developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for Moore Road and Clark Farms Boulevard with the recording of the final block plat or within 60 days of demand by the Town. 6. A water service agreement shall be submitted by the developer and accepted by the Utilities Director prior to the Water Master Plan being accepted by the Utilities Director. 7. A sewer service agreement shall be submitted by the developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the Sewer Master Plan being accepted. 8. Installation of dual water lines shall be required per the adopted Northwest Marana Area Plan. 9. Potential buyers shall be notified that some or all of the property in this rezoning is subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users` Association. 10. The developer shall record an avigation easement with the recording of the final block plat. 11. Upon adoption of the ordinance by the Mayor and Council approving the Gladden Farms II Specific Plan, the applicant shall provide the planning department with the following final edition of the Gladden Farms II Specific Plan: one non -bound original; forty bound copies; and, one digital copy in Microsoft Word or other acceptable format, within 60 days of the adoption. Section 4. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2006.03. Section 5. If any section, subsection, sentence, clause, phrase or portion ofthis Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. Mamma Ordinance No. 2006.03 Page 2of3 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7a' day of March, 2006. Mayor Ed konea ATTEST: o elyn . ronson, Town Clerk Mario Ordinance No. 2006.03 Page 3 of 3 EXHIBIT ",4" That part of Section 35, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, lying South and West of the Southwest right of way line of the relocated Tucson-Picacho Highway, Federal Interstate Project 94, as it existed on May 15, 1950; EXCEPT THEREFROM the right of way for Moore Road, formerly Grier Road, over the North 30 feet thereof, as shown on the map recorded in Book 2 of Road Maps, Pages 126 through 129; AND EXCEPT THEREFROM the following two well sites belonging to Cortaro Water Users' Association: Marana Well No. 13 That portion of the Southeast quarter of the Southeast quarter of Section 35, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, particularly bounded and described as follows: BEGINNING at a point which is 62.5 feet Northerly and 25 feet Westerly from the Southeast corner of said Section 35; THENCE Westerly 62.5 feet from and parallel to the South boundary line of said Section 35, a distance of 26.8 feet to a point which intersects the Northeast right-of-way line of the Cortaro Water Users' Lateral No. 6-1/2; THENCE in a Northwesterly direction along the said right-of-way line of Cortaro Water Users' Lateral No. 6-1/2 a distance of 109.3 feet to a point; THENCE Easterly, 150 feet from and parallel to the South boundary line of said Section 35, a distance of 92.25 feet to a point; THENCE Southerly 25 feet from and parallel to the East boundary line of said Section 35, a distance of 87.5 feet to the POINT OF BEGINNING; Marana Well No. 14 That portion of the Southeast quarter of the Northeast quarter of Section 35, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, particularly bounded and described as follows: BEGINNING at a point which is 938.65 feet Westerly and 50 feet Northerly from the East quarter corner of said Section; THENCE Westerly 50 feet from and parallel to the East and West center line of said Section 35, a distance of 135 feet to a point; THENCE Northerly 1073.65feet from and parallel to the East line of the said Southeast quarter of the Northeast quarter of Section 35, 100 feet to a point; Exhibit A to Marana Ordinance 2006.03 THENCE Easterly 150 feet from and parallel to the East and West center line of said Section 35, 135 feet to a point; THENCE Southerly 938.65 feet from and parallel to the East line of the said Southeast quarter of the Northeast quarter of Section 35, 100 feet to the POINT OF BEGINNING; AND EXCEPT THEREFROM the following portion conveyed to Cortaro Marana Irrigation District in the Deed recorded in Docket 1968, Page 585: BEGINNING at a point on the North line of said Section 35, said point being South 891,49'00" West, 591.06 feet from the Northeast corner of said Section 35; THENCE South 49137'00" East along the Southwesterly right of way line of Interstate 10, 357.77 feet; THENCE South 49°53'00" East, 419.03 feet to the East line of said Section 35, THENCE South 0° 15'00" East, 32.81 feet along said East line; THENCE South 49°53'00" West, 448.44 feet; THENCE North 49037'00" West, 386.97 feet to the aforesaid North line of Section 35; THENCE North 89049'00" East, 38.44 feet to the POINT OF BEGINNING; AND EXCEPT THEREFROM a strip of land 110 feet in width conveyed to the State of Ariozna, by and through its State Highway Commission in the Deed recorded in Docket 2003, Page 408 described as follows: BEGINNING at the point of intersection of the existing Southwest right of way line of the existing Casa Grande -Tucson Highway with the East line of Section 35, from whence the Northeast corner of said Section 35 bears Northerly 359.70 feet; THENCE North 49°53'00" West along said existing Southwest right of way line, a distance of 325.42 feet; THENCE North 49°37'00' West continuing along said existing Southwest right of way line, a distance of 229.27 feet, to a point on the North line of said Section; THENCE Westerly along said North section line, a distance of 169.15 feet; THENCE South 49°37'00" East 357.77 feet; THENCE South 49053'00" East 419.03 feet to a point on the aforesaid East line of Section 35; THENCE Northerly along East section line, a distance of 144.38 feet, to the POINT OF BEGINNING; AND EXCEPT THEREFROM the East 50 feet of the South 35 feet of the Southeast quarter of said Section 35, conveyed to Pima County in the Deed recorded in Docket 6411, Page 1237. Exhibit `B" The South 292.00 feet of the North 322.00 feet of the East 357.00 feet of the Northeast quarter of the Northeast quarter of Section 34, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona. Exhibit B to Marana Ordinance 2006.03 lA ORDINANCE NO. 2006.35 RELA:TING To DEVELOPMENT, APPROVING AND AUTHORIZING ASPECIFIC PLAN, AMENDMENT TO THE GLADDEN FARMS H SPECIFIC PLkN1. WHEREAS, The Gladden Forms 11 Specific plan was adopted by the Mom-na Town Council March 7, 2006 by Ordinance 2006.05; and, WHEREAS,, The Planning Ctntcr re is owner ofT hcGladdcn Farrah 11 as the prope y own SpMfic Plan that consist of appmxirnatcly 636 acres of lod located within portions ofSccions 34 sW,, 35, Township I I South, Range 11 East; and, WHEREAS, the Marana Planning Commission held a gublic heating on, November 15, 2006, and at said ineeting voted unanimously to recommend that the Town Council approve said amcndmcnadopting the twominended conditions; and, WHEREAS, the Marana. Town Council heard from rtpresentatim of the owner� staff and mombcrs of the public at the regular Town Council meeting held Doember 19, 2006, and has dot.ermined that the wricodm-ent to the Gladden Farms 11 Specific Plan should, be appmod, NOW, THEREFORE. 131; IT ORDAINED by the Mayor and Council of the Town of Marano, Arizona, as follows, Section 1. Tlie Gladden Farms 11. Specific Plan's Land Use Plan is hereby amended by cbanvag the land use deli action for approxiniately 84 acres, creating a new S.8 acre blookdesigmated as. "Parle" and modifying the configuration of some of the proposed blocks due to changes in the location and sizing of (be proposod- roadway system, as depicted in the specific plan amendment, attached as Exhibit "A", Section 2, The Transitional, Zone (TR), and, CornintnMal- Zone (C) permitted uses of the Gladden Forms 11 Specific Plan am hemby amerkW, the development standards for the Commercial zone is hereby amended to allow a maximum height of 80 feet for a hospital building within, Wock 29 and the newly created Park (P) designation and permitted use!; have been added to the. Gladden Faros 11 Specific Plan, as depicted in the specific plan amendment, attached as Exhibit "H,,. $"on 3. The purpose of this specific plan, amendment is to modify the site to create a more subtle transition from residential to a more intense commercial am that could dmvlop to the cost due to the proximity to Interstate 10, subject to the following conditions, the violation of which shall be. treAted in the same manner as a violation, of the Town of Marano Land Development Code (but which shall not cause a reversion of this rezoning ordinanco), ht=m CWinamv Wo, 20W35 Pap I oft 1. All of the rezoning conditions of Ordinance 2006.03 remain applicable to this project except for any conditions that have been modified by this amendment. In which ease the modified conditions will take procc+dencc. Z Compliance with all applicable provisions of tim Town's Codes, and Ordinances current at the time; of any subsequent de -m opment including, but not limited to� requirements for publie improvements, 3. The ultimate development proposed by this rezoning shall be consistent: with the, adopted Development Agmmcrt as amended, 4, No approval, pest or authodwion by the Town of Mama authorizes violation of any federal or state law or regulation. or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable foderal and state laws .end regulations, including thio Evdsn;gcred Spccics Act and the Glean Water sett. Appropriate experts should be retained and appropriates federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 51 Ther Developer shall dedicate, or cause to have dedicated, the nemsary r%gh -or—way for Moore Road and Glade Farms Boulevard ass agreed upon in, the Development Agmtme at, ti, Tltc Developer will continue to work with rl Paso Natural Gas regarding pipe line issues:. All issues must be resolved prier toimprovement plans and or Final Plat b+- approved. 7. Upon adoption of the ordinaw. by the Mayor and. Council approving the Gladden fins 11 Specific cific Flash amendment, the applicant shall provide the planning department with the following final edition of the revised Gladden )farms B Specific Plan: one non -bound original, forty bound copies; and, one digital copy in Mi oft Word or oh m + table format,, within sixty days of the; adoption.. Section dr All OrdlnanoM Resolutions and Motions and parts of Ordinances, Resolutions, and Motions afthe Maraa Town. Council in conflict with the provisions of this Ordinance we hereby repealed, efrcctiva as of they effective date of Ordinance No. 2006.35. Section S. If any section; subsection, semen , clause, phrases or portion of thus fhdinanoe is for any reason held to be invalid of unconstitutional by the decision of any court: ofcompetent ju isdd c ion, such decision shall not affect the validity of the rernaining portions hereof: - PASSED AND ADOPTED by the Mayor and Council of the Town of]Amna, A izona, this I 0a' day of Domnber, 2006. 4s $= ATTEST: .- 11 M Bronson, Town, Glcrk Mmm e7tdmANa W 215 F Page 2 oft f-A4aIr= I of a Development Plan Exhibit PLEA.,: Land -opt Plan � tko Oom LEGEND Aftwa t"a TPM F SMO - MWA"Awtv DEIAT04M fT� CLANNWGI !FP7 "WRIMWNTATUIED �wi � ENTOR SMS . SWQVAWWMV%TM*O ex cc*wqPtcjft W, T* - MmOmmi Ow. WENtOpAte 7, PMW PA4AF; 2 ol, 2 Development Plan C-Aadden Farms Specific Plan Land Use Cont Bk)Ck Gms Age Net Acmge Designallon Ta et Unitf 28.7 20.7 SFD-6 104 27 36.9 31.1 HOR TR 218 614 28 30,9 25-7 66-6 29 63,0 C NIA 46.7 291-6 SFI).7 SFD-6105 134 31 24.8 2D-9 32 8 5 6, WA 33 300 I al SFD-6 126 34 31.9 22.9 C NIA 35 33.5 2616 SFD-8 103 36 26-1 20.5 HDR 144 37 413 32.7 HOR C 229 NIA 38 41.2 321 39 48-2 32.4 SFD-7 146 40 31.2 25.6 HOR 180 142 41 32.0 2012 HOR 42 36.4 28.5 HDR 20' 43 40.5 30.0 C IVA 44 2,3 1A TR 0 Total Acres 63013 453.3 Open Space O%wlay 721 Zone/Orainage I Roads. ]- T5_84 TargetUnits, 1,975 sing_ le-la"Iy unb; 370 Individual units of multl-ftmIly houiVing-Overall Density: 4 RAC KEY; SFD-8- Singla-Farnily DetacMd, SF". 81mjWF*raily Deached $I" Sir -Farniity Detached HDR: High Density Residential TR- Translitional 0: COMMer" R pwk I'=- X " I E3r 1 -11- Ea Development Regulations 5. Transitional Zone (TR) a. Pennffted Uses -s Any Use Listed bi Kiglh Density Residential;* a Professwnqlf msd"Gwerat Office Dental and Medical Office at Cleric • Personal Services Government/PubUc Service Facilities Retail and Wholesale Uses" Restaurant and Food: ServiW* Model Home Sales Center '$irw,X-Fam0y Residential Attached and Multl-Family not alowed In BIOCA AM "Not allomd In Block. 2444 aL access y Uses Carports and Garages SmAmming Pools, Spas, and Other Related Sltuctutes TeAffis courts a. CondUionat Uses Child care facilities Grp tomes Educational faciNfles • Restaurant and Food Service- with drive4hru service DeveWmerst Standards --Residential a See High Density Residential * Minimum Site Area: None * Maximum Lot Cmwage: 35% * Minknum Setbacks o Front (Street): 25 feet o Side: 21) feet o Rear; 20 fed o Adjecent: to resklential lend use designartion: I foot for every foot in, building, height, halt of the setback. shall be lan—d=2ped,. minimum 2Voot saft Frith a minimum 1b -foist landscape bufW Maximum Building Height 60 hat"' **"May not exceed 30 feet in Block 244_4. Development Regulations Commercial (Cl. & ftrmiffed Wes 0 Banks and Financial InWLMDns a �AssionaVMe"OGswal Offic■ e !-AM"MIN k-AMOR"LOMN Restaurant (including carry -out and drive-thru) ■ Retail and Molesale Uses Recreational Um ■ Personal Senftes GovernrnentlPutgic SerWce FaCifillies ■ Religious Uses tycere ■ Private Schoois ■ Laundromats ■ Home Improvernent Centers Pet and; Pet Supply Stores ■ Theaters, rwt Including drive-ins e -in o. Surpicat.Center* * Endowwy Center* * MlalHospital' r) SMgmengy Cate &ntef' QI Urgel:# - cam Qw Age o� �,Plhalcw_- o RehablMlion Center* o Extended Care FacNiw 0 Home HOW -WO fta'W g-HealthUmplenano -Q-wnizalin ,r-$jaWaf.direct Care.P Outpalleft Imaging or Testing Canterw ftMWnt ernargengy, dW§M fuel -1 sIMMIgg 4in conjunction wNh a,.-Fafkina Structu Other hospital related uses su*0 to apWg+ by t1w Planning ENredixt ■ AulomotAle Saba` Pewriat ftFBgS* Lodging FaciNtles" 'These uses only Mowed in 69ock 29 • Automoblk Sewice Stations • Caf WWWS Development Regulations • Convenience Stores • Multi-Famity Residential a VavWqpftmnf Standards • Minimum Site Area: None Maximom Lot Coverage: 35% Minimum Site Sea aic-U Front (81reet); 26 feet fide: 20 feet o Rear., 20 feet o Adjacent to residential: 40 feet ■ Maximum Bui0ding Heigbi: 50 fW !_MNbUMJ* I '' - �t �8O f e �et LQ11di BuMni Sepatalioni Per Guikkng Code a.Aw*fted Uses ■Coo Par _at f4ulament an"Picnic TabLfts ■ Ret reatiom-C& ftq • Trails • _Water8plashPark F. ANN RODRIGUEZ, RECORDER I��IIII�IIIpHII�IIIII�II�IaIiIINfI�IIIIII�IIIIIIIII Recorded By: LW � ` DEPUTY RECORDER V/ / 0- SEQUENCE: 20180680060 41 SMARA NO. PAGES: 4 TOWN OF MARANA 03/09/2018 PICKUP IZOLZA 9;52:30 MARANA ORDINANCE NO. 2018.006 RELATING TO DEVELOPMENT; AMENDING THE GLADDEN FARMS II SPECIFIC PLAN TO REVISE THE LAND USE DESIGNATION OF BLOCK 35 FROM SINGLE FAMILY DETACHED 8 ,(SFD-8) TO SINGLE FAMILY DETACHED 6 (SFD-6) WITH AN AVERAGE LOT SIZE OF AT LEAST 6,600 SQUARE FEET; TO REVISE THE LAND USE DESIGNATION OF BLOCK 34 FROM COMMERCIAL (C) TO TRANSITIONAL ZONE (TR); TO REDUCE THE SIZE OF BLOCK 32 FROM 8.8 ACRES TO SIX ACRES AND INCORPORATE THE EXCESS ACREAGE INTO BLOCKS 31 AND 33 WITH THEIR CURRENTLY APPROVED SFD-6 LAND USE DESIGNATION; AND TO REVISE THE COLLECTOR ROADWAY NETWORK TO REALIGN THE EASTERN HALF OF MIKE ETTER BOULEVARD AND ELIMINATE PACHECO FARMS ROAD WHEREAS the Gladden Farms II Specific Plan was adopted by the Mayor and Town Council March 7, 2006 by Ordinance 2006.03; and WHEREAS the first amendment to the Gladden Farms II Specific Plan was adopted by the Mayor and Town Council Marana December 19, 2006 by Ordinance 2006.35; and WHEREAS Crown West Realty LLC (the "Property Owner") owns approximately 435 acres of land located within portions of Section 34 and 35, Township 11 South, Range I 1 East, depicted on Exhibit "A" attached to and incorporated in this ordinance by this reference (the "Rezoning Area"); and WHEREAS the Property Owner has authorized Rick Engineering Company to submit an application to amend the Gladden Farms II Specific Plan; and WHEREAS the particular elements of the application to amend the Gladden Farms II Specific Plan have been revised since its original submission; and WHEREAS the current version of the application to amend the Gladden Farms II Specific Plan proposes to amend the Gladden Farms II Specific Plan to revise the land use designation of Block 35 from Single Family Detached 8 (SFD-8) to Single Family Detached 6 (SFD-6) with an average lot size of at least 6,600 square feet, to revise the land use designation of Block 34 from Commercial (C) to Transitional Zone (TR), to reduce the size of Block 32 (the park) from 8.8 acres to six acres and incorporate the excess acreage acres into Blocks 31 and 33 with their currently approved SFD-6 land use designation, and to revise the collector roadway network to realign the eastern half of Mike Etter Boulevard and eliminate Pacheco Farms Road; and WHEREAS the Marana Planning Commission held a public hearing on November 29, 2017, and voted seven to zero to recommend that the Town Council approve this amendment as it was then presented; and 00056230.DOCX /2 Marana ordinance No. 2018.006 - 1 - 2/28/2018 2:23 PM WHEREAS the Marana Town Council held a public hearing on February 20, 2018, where action on this amendment was continued to March 6, 2018, by unanimously -approved motion; and WHEREAS the Marana Town Council considered this amendment at its meeting on March 6, 2018, and determined that this amendment should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The Gladden Farms II Specific Plan's Land Use Concept Plan is hereby amended by changing the land use designation of Block 35 from Single Family Detached 8 (SFD-8) to Single Family Detached 6 (SFD-6) with an average lot size of at least 6,600 square feet and by changing the land use designation of Block 34 from Commercial (C) to Transitional Zone (TR) as depicted in the specific plan amendment, attached as Exhibit "A". Section 2. The size of Block 32 is reduced from 8.8 acres to six acres and the excess acreage will be incorporated into Blocks 31 and 33 with their currently approved SFD-6 land use designation. Section 3. The collector roadway network is revised to realign the eastern half of Mike Etter Boulevard and eliminate Pacheco Farms Road. Section, 4. This amendment is subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this amendment), and which shall be binding on the Property Owner and its successors in interest (all of whom are collectively included in the term "Property Owner" in the following conditions): 1. All of the rezoning conditions of Ordinance 2006.03 and Ordinance 2006.35 remain applicable to this project except for any conditions that have been modified by this amendment in which case the modified conditions will take precedence. 2. Compliance with all applicable provisions of the Town's codes and ordinances current at the time of any subsequent development including but not limited to, requirements for public improvements and payment of application fees and applicable development fees. 3. The ultimate development proposed by this amendment shall be consistent with the adopted development agreement as it may be amended. 4. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the Property Owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 5. Within 60 days after the adoption of this ordinance, the Property Owner shall provide the Planning Department with ten bound copies and three electronic copies (on CD) in PDF format of the Gladden Farms II Specific Plan document as amended by this ordinance. 00056230.DOCX /2 Marana Ordinance No. 2018.006 - 2 - 2/28/2018 2:23 PM Section 5. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6`" day of March, 2018. r J -1, ,G Mayor Ed nea ATTEST: APPROV AS TO FORM: r 41. A.celyn ronson, Town Clerk r 7Ca'sy, Tow orney MAMNA AZ ESTABLISHED 1977 00056230. DOCX /2 Marana Ordinance No. 2018.006 - 3 - 2/28/2018 2:23 PM EXHIBIT A Gladden Farms II Specific Plan Amendment Land Use Concept Plan Exhibit D.9: Land Use Concept Plan LEGEND SF" SINGLE FAMILY DETACHED PARK SFU -7 SINGLE FAMILY DETACHED .. TRAILS HDR HIGH DENSITY RESIDENTIAL OPEN SPACE OVERLAY ZONE s f' TR TRANSITIONAL � � ACCESS POINTS '`' C COMMERCIAL Ij 6t I. Introduction A. Specific Plan Summary....................................................................... B. Location............................................................................................. C. Authority and Scope.......................................................................... D. Legal Description............................................................................... Table of Contents .................................. I -1 .................................. I -1 .................................. I-1 .................................. I-5 II. Development Capability Report A. Introduction............................................................................................................................11-1 B. Existing Land Uses...................................................................................................................11-3 1. Existing On -Site Land Use and Zoning..............................................................................II-3 2. Existing Conditions on Properties within a % Mile Radius...............................................II-4 C. Topography and Slope............................................................................................................11-9 1. Hillside Conservation Areas..............................................................................................II-9 2. Rock Outcrops..................................................................................................................II-9 3. Slopes of 15% or Greater.................................................................................................II-9 4. Other Significant Topographic Features..........................................................................II-9 5. Pre -Development Cross-Slope.........................................................................................II-9 D. Hydrology..............................................................................................................................11-11 1. Off -Site Watersheds.......................................................................................................11-11 2. Off -Site Watershed Features..........................................................................................11-11 3. Pre -Development On -Site Hydrology.............................................................................11-11 4. Existing Downstream Conditions...................................................................................11-12 5. Section 404 Permit.........................................................................................................11-12 E. Vegetation............................................................................................................................11-15 1. Vegetative Communities and Associations on the Site..................................................11-15 2. Significant Cacti and Groups of Trees and Federally -Listed Threatened or Endangered Species...........................................................................................................................II-15 3. Vegetative Densities.......................................................................................................11-15 F. Wildlife..................................................................................................................................11-20 1. Presence of State -Listed Threatened or Endangered Species.......................................II-20 2. High Density of a Given Species....................................................................................II-20 3. Aquatic or Riparian Ecosystems....................................................................................II-20 G. Soils and Geology..................................................................................................................11-21 1. Soils................................................................................................................................11-21 2. Geologic Features..........................................................................................................11-21 H. Environmental Resources.....................................................................................................11-23 I. Viewsheds.............................................................................................................................11-23 1. Viewsheds Onto and Across the Site..............................................................................11-23 2. Visibility from Adjacent Off -Site Uses...........................................................................11-23 J. Traffic Circulation and Road Systems...................................................................................II-30 1. Existing and Proposed Off -Site Streets..........................................................................II-30 2. Existing Access and Rights-of-Way.................................................................................11-30 3. Roadway Improvements................................................................................................II-32 4. Intersections...................................................................................................................11-32 Gladden Farms II Specific Plan Table of Contents 5. Alternate Modes.............................................................................................................II-33 K. Recreation and Trails............................................................................................................11-33 1. Open Space, Recreation Facilities, Parks and Trails.......................................................11-33 L. Cultural Resources................................................................................................................11-36 1. Location of Resources On-Site.......................................................................................II-36 2. Letter from the Arizona State Museum.........................................................................11-36 M. Existing Infrastructure and Public Facilities.........................................................................11-38 1. Sewer..............................................................................................................................11-38 2. Fire Service.....................................................................................................................11-38 3. Water..............................................................................................................................11-43 4. Schools...........................................................................................................................II-46 5. Private Utilities................................................................................................................11-48 N. McHarg Composite Map......................................................................................................II-48 III. Development Plan A. Purpose and Intent................................................................................................................ A. Purpose and Intent.................................................................................................................III-1 IV -1 B. Objectives of the Specific Plan..............................................................................................III-1 2. Building Code................................................................................................................. C. Relationships to Adopted Plans.............................................................................................III-2 IV -1 D. Compatibility with Adjoining Development.............................................................................III-2 1. Single-Farnily Detached 8 (SFD-8) NO LONGER UTILIZED ........................................ E. Land Use Concept Plan.........................................................................................................111-3 IV -4 F. Grading Concept....................................................................................................................III-8 4. High Density Residential (HDR)..................................................................................... G. Post Development Hydrology................................................................................................111-8 H. Environmental Resources......................................................................................................III-8 I. Viewsheds..............................................................................................................................III-8 J. Circulation Concept Plan.......................................................................................................111-8 K. Landscape Concept.............................................................................................................III-11 L. Open Space, Recreation, Parks and Trails Concept...........................................................III-11 M. Cultural Resources..............................................................................................................III-14 N. Infrastructure and Public Facilities.......................................................................................III-14 1. Sewer.............................................................................................................................III-14 2. Fire Service....................................................................................................................III-14 3. Water.............................................................................................................................III-14 4. Schools..........................................................................................................................III-14 5. Private Utilities..............................................................................................................III-15 IV. Development Regulations A. Purpose and Intent................................................................................................................ IV -1 B. General Provisions................................................................................................................ IV -1 1. Applicability of Town of Marana Land Development Code ........................................... IV -1 2. Building Code................................................................................................................. IV -1 3. Additional Uses............................................................................................................... IV -1 C. Development Standards....................................................................................................... IV -2 1. Single-Farnily Detached 8 (SFD-8) NO LONGER UTILIZED ........................................ IV -2 2. Single -Family Detached 7 (SFD-7)................................................................................ IV -4 3. Single -Family Detached 6 (SFD-6)................................................................................ IV -6 4. High Density Residential (HDR)..................................................................................... IV -8 Gladden Farms II Specific Plan Table of Contents 5. Transitional Zone (TR)................................................................................................. IV -10 6. Commercial (C)............................................................................................................ IV -11 7. Park.............................................................................................................................. IV -13 D. Design Standards............................................................................................................... IV -14 1. Town Enforced Residential Design Standards............................................................. IV -14 2. Design Review Committee Enforced Residential Design Standards ........................... IV -16 3. Town Enforced Commercial Design Standards........................................................... IV -17 4. Design Review Committee Enforced Commercial Design Standards ......................... IV -18 5. Streets.......................................................................................................................... IV -19 6. Open Space.................................................................................................................. IV -20 7. Landscaping................................................................................................................. IV -21 8. Monumentation.............................................................................................................IV-23 V-4 9. Signs.............................................................................................................................IV-23 10. Walls and Fencing........................................................................................................ IV -25 V. Implementation and Administration A. Purpose.................................................................................................................................. V-1 B. Proposed Changes to Zoning Ordinance.............................................................................. V-1 C. General Implementation Responsibilities.............................................................................. V-1 D. Development Review Procedure........................................................................................... V-2 E. Design Review Process......................................................................................................... V-2 F. Phasing.................................................................................................................................. V-3 G. Specific Plan Administration.................................................................................................. V-3 1. Enforcement.................................................................................................................... V-3 2. Administrative Change.................................................................................................... V-3 3. Substantial Change......................................................................................................... V-4 4. Interpretation................................................................................................................... V-4 5. Fees................................................................................................................................. V-4 Appendix AppendixA: Legal Description............................................................................................... A-1 AppendixB: Plant Palette...................................................................................................... B-1 Appendix C: Intentionally Left Blank..................................................................................... C-1 Appendix D: Design Review Application................................................................................ D-1 AppendixE: Definitions...........................................................................................................E-1 Appendix F: Development Agreement...................................................................................F-1 List of Exhibits I. Introduction Exhibit 1.6.1: Location and Vicinity Map.........................................................................................I-3 ExhibitI.B.2: Regional Map............................................................................................................I-4 11. Development Capability Exhibit ILA: Development Context.................................................................................................II-2 Exhibit 11.B.2.a: Existing Zoning.....................................................................................................11-5 Exhibit 11.B.2.b: Existing Land Use................................................................................................II-7 ExhibitII.C: Topography..............................................................................................................11-10 Gladden Farms II Specific Plan Table of Contents Exhibit II.D.1: Off -Site Hydrology.......................................................................................................11-13 Exhibit II.D.2: On -Site Hydrology.......................................................................................................11-14 Exhibit II.E.1: Vegetative Communities and Densities.......................................................................11-16 Exhibit II.E.2: Arizona Game and Fish Department Letter.................................................................11-17 Exhibit II.G.1: Soil Associations.........................................................................................................11-22 Exhibit 11.1.1(a): Photo Key Map.........................................................................................................11-24 Exhibit11.1.1(b): Site Photos...............................................................................................................11-25 Exhibit 11.1.2: Areas of High Visibility..................................................................................................11-29 Exhibit II.J.2: Existing and Future R.O.W. ......................................................................................... 11-31 Exhibit II.K.1: Open Space, Trails and Recreation............................................................................11-35 Exhibit II.L.2: Arizona State Museum Letter......................................................................................11-37 Exhibit II.M.1.a: Existing Sewer.........................................................................................................11-39 Exhibit II.M.1.b: Sewer Capacity Letter..............................................................................................11-40 ExhibitII.M.2: Fire Service.................................................................................................................11-42 Exhibit II.M.3.a: Existing Water Lines and Wells...............................................................................II-44 Exhibit II.M.3.b: Water Service Letter................................................................................................11-45 ExhibitII.M.4: Schools.......................................................................................................................11-47 Exhibit II.N: Composite Map..............................................................................................................II-49 III. Development Plan Exhibit III.E.1: Land Use Concept.......................................................................................................III-6 Exhibit III.E.2: Land Use Designation Map.........................................................................................III-7 Exhibit III.F: Circulation Concept Plan..............................................................................................111-10 Exhibit III.K: Open Space Concept Plan...........................................................................................III-13 Gladden Farms 11 Specific Plan iv Introduction Introduction A. Specific Plan Summary The Gladden Farms II Specific Plan establishes comprehensive guidance and regulations for the development of approximately 636 acres located in Marana, Arizona. The Specific Plan establishes the development regulations, programs, development and design standards required for the implementation of the approved land use plan. The Specific Plan also provides the parameters to implement the Land Use Plan by establishing policies and regulations that will replace and supersede the current property zoning and other Town development regulations. The Plan is regulatory and adopted by ordinance. The authority and preparation of Specific Plans is found in the Arizona Revised Statutes, Section § 9-461.08. The law allows the preparation of Specific Plans based on the General Land Use Plan, as may be required for the systematic execution of the General Land Use Plan, and further, the law allows for their review and adoption. This specific plan is consistent with the Marana General Plan approved and adopted on March 11, 2003 as authorized by public vote in accordance with the Growing Smarter Plus Act of 2000. The Specific Plan is a tool used to implement the Town of Marana General Plan and the Northwest Marana Area Plan at a more detailed site-specific level for a focused area. The Specific Plan articulates the planning considerations for such parcels and imposes regulations or controls on the use of such parcels. Gladden Farms II will be designed to accommodate growth in this area, and at the same time, respect its agricultural and cultural history. Future demand for housing will continue to increase in this area. This specific plan will provide commercial, residential (may not exceed 2,345 single- and multi -family units combined), and open space areas to support the greater Northwest Marana community. B. Location The Gladden Farms II Specific Plan lies in the Urban Southeast planning area of the Town of Marana according to the Northwest Marana Area Plan. It is bounded by the Postvale Road alignment and Gladden Farms I on the west, the Tangerine Road alignment on the south, Moore Road on the north, and the Patton Road alignment on the east. Gladden Farms II combines two parcels: the larger 634 -acre parcel and the 2.3 -acre parcel in the northwest corner. The larger property is located in Section 35 of Township 11 South, Range 11 East and the small property is located in Section 34 of Township 11 South, Range 11 East. C. Authority and Scope The authority for the preparation of specific plans is found in Arizona Revised Statutes, Section § 9-461.08. State law allows the preparation of specific plans based on the general plan, as may be required for the systematic execution of the general plan. Town of Marana Ordinance 87.22 provides the uniform procedures and criteria for the preparation, review, adoption and implementation of specific plans in Marana. Gladden Farms IIMW I-1 00 Specific Plan Introduction Pursuant to these state statutes and Town of Marana Ordinance 87.22, a public hearing will be conducted by the Town Planning Commission and the Town Council after which the Specific Plan Ordinance may be adopted by the Town Council and become effective. 100%404L Gladden Farms II 1-2 Specific Plan Introduction Exhibit I.13.1: Location and Vicinity Map Legend C3Specific Plan Boundary [] Townshlp, Range, Section Lines !tote: The site is located In Township 11 South, Range 11 East, Sectlons 34 and 35. Parcel IDs: 217-54010F and 217.63-008J Gladden Farms II Specific Plan NORTH THE eanoi;'? CENTER PLANNING 1PY410CU rCD-13 lxMio�r IsVeej�cMfrq'bieslQlStFCQ7�U4esgon 0 3000 Feet 1-3 Introduction Legend Spociflc Plan 1,11 -r�'�; Marana Town Pima County �� Gladden Farms II Specific Plan NORTH 1 THE PLANNING Boundary \_ .i' CENTER Limits 211 tt FC0.13 Locatlom I:lPeojecblGrspAkslGISlFCa131Rploeal 0 9000 Feat lap M. Introduction D. Legal Description See Appendix A: Legal Description Gladden Farms II 1-5 Specific Plan II. Development Capability Report Development Capability Report A. introduction The primary purpose of the Development Capability Report section of the Gladden Farms II Specific Plan is to present the opportunities and constraints of various physical components existing on the property. The synthesis and analysis of the existing characteristics can then provide a means whereby development occurs in a sensitive and responsive manner to the physical conditions of the site. The Development Capability Report follows the Town of Marana requirements provided in 05.06.02(D) Specific Plans Application of the Town of Marana Land Development Code. Pursuant to such requirements, the following physical components of the site were compiled to assess the suitability of the property before development: ■ Existing Land Uses; ■ Topography and Slope; ■ Hydrology; ■ Vegetation; ■ Wildlife; ■ Soils and Geology; ■ Environmental Resources; ■ Viewsheds; ■ Traffic Circulation and Road System; ■ Recreation and Trails; ■ Cultural Resources and ■ Existing Infrastructure and Public Facilities. Northwest Marana is growing rapidly and there are a number of existing and approved developments in proximity to the proposed Gladden Farms II Specific Plan including the new Town of Marana Municipal Complex. Approved specific plans include Rancho Marana Specific Plan (both east and west) Marana Gardens Specific Plan, and Sanders Grove Specific Plan. The Tangerine Commerce Park Specific Plan is currently under review. Existing developments in the area include Honea Heights, Rillito Vista, Mulligan's Acres, and Happy Acres. San Lucas, Gladden Farms I, Vanderbilt, Fianchetto Farms, Rancho Marana 154, Farm Field Five, and Payson Farms are in various stages of development. See Exhibit ILA: Development Context. Gladden Farms II II -1 Specific Plan Development Capability Report Exhibit ILA: Development Context L.eaeetl O Gw&m Forms it t poome Mow somwory Rancho Marano last SpaolRe Mat ® Sanders Grow speeWe Mat L Tanyodno Conunwo, Farb Spaelfle Mow ® Marano Gardens SpecAft Flat ® Roaeho Marano wast Specific Man * FropessdorExisting Owetopmsst N sttiats WA0,1141%k Gladden Farms II Specific Plan NORTHTHE MPLANNING CENTER no(Oct rc"3 L00030n 1'•�rml���+r�k Wi1rC01XD�vMep�rrt 0 5000 Feet 11-2 Development Capability Report B. Existing Land Uses This section of the Development Capability Report identifies the following: existing zoning, land uses and structures within the site; existing zoning, land uses and structures on surrounding properties; and other proposed development in the project vicinity. Existing On -Site Land Use and Zoning The subject site consists of approximately 636 acres that has historically remained undeveloped and used for agricultural purposes except for two farm homesteads and one house on the northwest parcel. The first home is located on the southern edge, the second home is located along the western boundary of the property, and the house on the northwest parcel is currently being used as the sales center for Gladden Farms I. Several storage buildings exist on the larger parcel, in addition to the two homes. Photo 10: Existing residence in the northwestern quadrant of the property. Gladden Farms II II -3 00 Specific Plan Development Capability Report The site is currently zoned for C (Large Lot Zone) according to the Marana Land Development Code. Zone C allows residential, commercial, industrial, and quasi -public uses at a density of one unit per 25 acres. 2. Existing Conditions on Properties within a'/4 Mile Radius a. Zoning Zoning within a'/4 mile radius of the project site consists of: Tnhla Q• 7nninn Within 1/ Milp Radii IG See Exhibit 11.132a: Zoning Gladden Farms II II -4 AW 00 Specific Plan Specific Plan — Rancho Marana West (undeveloped mix of North residential, commercial, office, public, and recreational uses). South C (Large Lot Zone); D (Floodplain). E (Transportation Corridor); B (Medium Lot Zone); C (Large Lot East Zone); and LI (Light Industrial). Gladden Farms I (R-6 (Single -Family Residential); R-7 (Single -Family Residential); R-8 (Single -Family Residential); R-144 (Residential); VC West (Village Commercial)); and D (Floodplain). All zones are under construction with the exception of Zone D and Village Commercial. See Exhibit 11.132a: Zoning Gladden Farms II II -4 AW 00 Specific Plan Development Capability Report Exhibit 11.6.2.a: Existing Zoning R-6 Otey E s R-6 3 R.6 R-7 z R-7 �C R-8 C 7 R8 x R7 E :� VC R-6 4 �. R8 -6 RT B Tan _ 114 Mile Radius C D Legend 1 Gladden Farms II Specific Plan D NORTH Specific Flan Boundary ;a F Sp, -Mc ptan A anull Lot Zone LI Ltyht lod"bw AG Agricultural O R-144 Singh Fondly Residential B Medium Lot Zone C Large Lot Zone R4 Single Fondly Residential R-7 Stogie Family Residential f� 0 Designated F'loodpiatn Zone8 asidentl R -S ShWo Family Rd aY ;. B Transportation Corridor Zone VC VSEage Commerdol 1 Gladden Farms II Specific Plan D NORTH THE M" 00 L CENTER ►rgrKa revs rorsa.m � sz.-r.�onie. 0 2000 Feet 11-5 Development Capability Report b. Existing Land Use The project site is surrounded by vacant, agricultural land to the north and east. Gladden Farms I to the west is currently being constructed for residential purposes. The Tangerine Road Landfill, a gravel pit, and vacant land are to the south. Table 4: Land Uses within a'/4 -Mile Radius See Exhibit II.B.2.b: Existing Land Use Gladden Farms II II -6 Specific Plan Vacant -- future residential and commercial (Rancho Marana Specific North Plan has been approved). South Vacant—Tangerine Road Landfill and gravel pit. East Agriculture; Vacant property. Vacant property, residential, commercial; park and open space (areas of West the Gladden Farms I development have begun construction). See Exhibit II.B.2.b: Existing Land Use Gladden Farms II II -6 Specific Plan Development Capability Report Exhibit II.B.2.b: Existing Land Use Lund NORTH � THE Q Protect Site \, 1 C70 PLANNING CENTER Quarte[ --Mlle Radius rt.p.e Fc MIS L.a.lfa t'Jrvfxq:Ct.FYb.GKVC613datw_ORelq Specific Plans 0 2500 Feet Gladden Farms II II -7 Co Specific Plan Development Capability Report C. Building Heights The project site is surrounded by vacant land with the exception of Blocks 6 and 12 of Gladden Farms I. The existing development in the Gladden Farms I subdivision is a mixture of one- and two-story homes not to exceed 25 feet (30 feet with the approval of the Marana Town Council). See Photo 12 below in Section f: Architectural Style of Adjacent Development for examples of development in Gladden Farms I. d. Pending and Conditional Rezonings The Tangerine Commerce Park is under review by Town Staff. The Rancho Marana Specific Plan Amendment was recently approved by Town Council on February 15, 2005 by Ordinance 2005.05. e. Subdivision/Development Plans Approved Three plats from Gladden Farms I within a '/4 -mile radius of the project site are going through the approval process including the Gladden Farms I final and preliminary plats for Phases II and III. Blocks 18, 20, and 21, are currently under review. Final plats are recorded for Phase I Blocks 6 and 12. The Rancho Marana Final Plat was approved by Town Council on July 6, 2004 and adopted with Resolution 2004-154 on December 7, 2004. The final plat for Blocks 1-13 of the Vanderbilt subdivision was approved by Town Council on February 15, 2005. f. Architectural Style of Adjacent Development Land to the north and east of the project site is currently vacant. The initial phase, totaling 700 lots of the Gladden Farms I development is under construction. These will be one- and two-story single-family detached homes. At build -out, the minimum lot size adjacent to the project site will range from 6,000 — 8,000 square feet. The photos below demonstrate the character of the adjacent development in Gladden Farms I. Photo 12: Homes in the Gladden Farms I subdivision to the west. Wvdi Gladden Farms II II -8 00 Specific Plan Development Capability Report C. Topography and Slope The project site has historically been used for agricultural purposes and has previously been graded. There are no significant topographical features on the property. See Exhibit ILC: Topography. 1. Hillside Conservation Areas No hillside conservation areas exist on-site. 2. Rock Outcrops No rock outcrops exist on the project site. 3. Slopes of 15% or Greater There are no slopes over 15% on the project site. 4. Other significant Topographic Features No other topographic features such as protected peaks and ridges exist on-site. 5. Pre -Development Cross -Slope The average cross -slope is approximately 1/10 of 1%. The grades are generally conducive to development and should not represent a constraint. Gladden Farms II II -9 Specific Plan Development Capability Report Exhibit II.C: Topography Legend: Project Boundary Adjacent Parcels 1. There are no slope of 15 percent or greater. 2. There are no peaks or ridges on-site. 3, 2' Contour inhmvsts. wA1%J*%L Gladden Farms II Specific Plan THE WPLANNING CENTER IOd OHJCfI All. St/R GSiC wu.asv��ana�a Ir ear Ism U�n—"%.4aryba II -10 Development Capability Report D. Hydrology This portion of the Specific Plan includes a description of on-site and off-site pre - development hydrologic characteristics and water resources. 1. Off-site Watersheds The site adjoins farm fields on the east and natural desert and the landfill on the south. The fields slope generally to the northwest and any drainage is sheet flow. The natural desert slopes west to the Santa Cruz River. The landfill located south of the site contains any water falling on the site. Two off-site watersheds impact the site along the eastern project boundary as depicted on Exhibit II.D.1 Off -Site Hydrology. Watershed I has a drainage area of 243 acres and generates a 100 -year design flow of 445 cfs. Off-site Watershed II has a drainage area of 60 acres and generates a 100 -year design flow of 153 cfs. The runoff for both off-site watersheds is sheet flow that is directed to the northwest of each watershed via the constructed roads and irrigation channels. Per the Master Drainage Report for Vanderbilt Farms, an existing culvert under Interstate 10 discharges (Q100=262 cfs) into the northeastern corner of the project site. The mentioned report also states that a channel is proposed to discharge the culvert flow into the Santa Cruz River. The channel has not been constructed and therefore the flow was considered in this study. 2. Off -Site Watershed Features There are significant off-site watershed features within the above-described watersheds that affect the flows onto the site. The off-site watersheds consist of agricultural fields with 0% impervious surfaces and a vegetative cover density of 5%. The soils type was determined to be 100% B. Runoff is directed north and south by the constructed roads and irrigation ditches. A significant man-made feature is the landfill located along the south property boundary. Another major feature located off-site is the Santa Cruz River, which is approximately 1000 -feet from the southwest corner of the site. A levee has been constructed along the north side of the river. The FEMA floodplain is contained within the levee based on the approved Letter of Map Revision (LOMR) for the Lower Santa Cruz River Levee, effective date September 16, 2004 3. Pre -Development On -Site Hydrology The pre -developed on-site watersheds also consist of agricultural fields with 0% impervious surface and a vegetative cover density of 5%. The soils type was determined to be 100% B. Aw Gladden Farms II II -11 00 Specific Plan Development Capability Report The project site contains three pre -developed watersheds as depicted on Exhibit II.D.2 On -Site Hydrology. Pre -Developed Watershed A has a drainage area of 132 acres and generates a 100 -year design flow of 241 cfs. Pre -Developed Watershed B has a drainage area of 108 acres and generates a 100 -year design flow of 205 cfs. Pre -Developed Watershed C has a drainage area of 440 acres and generates a 100 -year design flow of 468 cfs. The hydrologic data sheets for Pre -Developed Watersheds A and B were obtained from the Master Drainage Report for Gladden Farms I. There are no defined floodplains. The LOMR for the Lower Santa Cruz River Levee locates the project site within Shaded Zone X, which is defined as areas protected by levees from the 100 -year flood. 4. Existing Downstream Conditions The Gladden Farms I subdivision is located along the west boundary of the site and the proposed Vanderbilt Farms subdivision is located north of the project site. Per the Vanderbilt Farms Master Drainage Report, the runoff combined from Off-site Watersheds I and II and Pre -Developed Watershed C was determined to be 743 cfs. When combined with the flow from the existing culverts under Interstate 10, the total design flow was determined to be 836 cfs. This runoff is conveyed through the Moore Road right-of-way to the Santa Cruz River. The referenced report states that the existing Moore Road right-of-way has a conveyance capacity of 862 cfs. Thus, the runoff generated from the off-site and on-site watersheds will not affect downstream developments located north of Moore Road. In addition, per the Master Drainage Report for Gladden Farms I, a berm is proposed west of the Pacheco Property project site. As a result, runoff generated from Pre -Developed Watersheds A, B and C will be directed north to Moore Road. 5. Section 404 Permit The characteristics of Jurisdictional U.S. Waters, such as high water marks or sandy bottom washes are not present within this project site. Gladden Farms II II -12 Anffff 00 Specific Plan Development Capability Report Exhibit 11MA: Off -Site Hydrology rI I --- - -- - ----- - - -- ----- Legend: l PLANNING _. r project Boundary/ — CENTER Adjacent Parcels ,msa+una,�te rureaao --------- Watershed Boundary �_-- —.-- Tiw9aurs+acumnpao,.o v ow ,260' Note: T ContourintenraK Gladden Farms II II -13 Specific Plan `• -..- i I ✓ `t ( } .s If r V Jy 1 ;IBJ' ,• 11 111 ri - � 1 r ✓ Q _ _- rI I --- - -- - ----- - - -- ----- Legend: l PLANNING _. r project Boundary/ — CENTER Adjacent Parcels ,msa+una,�te rureaao --------- Watershed Boundary �_-- —.-- Tiw9aurs+acumnpao,.o v ow ,260' Note: T ContourintenraK Gladden Farms II II -13 Specific Plan Development Capability Report Exhibit II.D.2: On -Site Hydrology Legend: —� Project Boundary — Adjacent Parcels Watershed Boundaries Gladden Farms 11 BMW 00 Specific Plan — —THE PLANNNIING i /1YSOi1NOi AVl.,GU {77D MCEN v sw 12W II -14 Development Capability Report E. Vegetation This portion of the Gladden Farms II Specific Plan includes vegetative communities and associations and wildlife habitats identified within the site. 1. Vegetative Communities and Associations on the Site The entire project site is classified as Agricultural/Developed/Bare Ground according to the Pima County Land Information System (PCLIS). The site has historically been used for agricultural purposes and has been graded entirely. Any native vegetation that existed on the site has been removed. See Exhibit II.E.1: Vegetation Communities and Densities 2. Significant Cacti and Groups of Trees and Federally -Listed Threatened or Endangered Species There are no significant cacti, trees, or endangered species on the property. Within a 3 -mile radius the Thornber Fishhook Cactus has been known to occur. The project does not occur within any Proposed or Designated Critical Habitats. TahlP 1 • SnPcinl Status Snecies within 3 -Mile Radius Name Common Name State Mammillaria thomberi Thornber Fishhook Cactus SR State—State of Arizona ■ SR—Salvage Restricted: collection only with a permit See Exhibit II.E.2: Arizona Game and Fish Department Letter 3. Vegetative Densities The project site exhibits little or no density of vegetation as it has been graded for agricultural purposes. See Exhibit II.E.1: Vegetative Communities and Densities Gladden Farms II II -15 00 Specific Plan Development Capability Report Exhibit ILEA: Vegetative Communities and Densities Legend: • • Project Boundary Adjacent Parcels Agriculturalf8are GroundOeveloW Notes: 1. No native vegetation on she. 2.2' Contour intma1% fffio%' Gladden Farms II Specific Plan THE PLANNING CENTER +iosoxa��tie.. sureaso I � tucEoet+z t�or �stcl eess��a Q eta 1ffi II -16 Development Capability Report Exhibit II.E.2: Arizona Game and Fish Department Letter Ms. Nlegan Johnson The Planning Center 110 S. Church Suite 6320 Tueson, AZ 85701 Re: Special Status Species Information for Township 1,1 South, Range I1 East Section 35; Proposed 'Residential Community. Dear Nfs. Johnson: The Arizona Game and Fish Department (Department) has reviewed your request, dated Septertiber 29, 2004, regarding spocial status species information associated with the above - referenced project area. The Department's Heritage Data -Management System (HDIMS) has been accessed and current records show that the special status species listed on the aaactunent have been documented as occurring in the project vicinity (3 -mile buffer). In addition this project does not occur in the vicinity of any Proposed or Designated Critical Habitats. The Department's HDMS data are not intended to include potential distribution of special status species. Arizona is large and diverse with plants, animals, and environmental conditions that are ever changing- Consequently, many areas may contain species that biologists do not know about or species previously noted in a particular area may no longer occur there. Not all of Arizona has been surveyed for special status species, and surveys that have been conducted have varied greatly in scope and intensity. Making available this information does not substitute for the Department's review of project proposals, and should not decrease our opportunities to review and evaluate new project proposals and sites. The Department is also concerned about other resource values, such as other wildlife, including game species, and wildlife -related recreation. The Department would appreciate the opportunity to provide an evaluation of impacts to wildlife or wildlife habitats associated with project activities occurring in thesubject area, when -specific details become available. AN EQUAL OFPr,;ITUNn-Y Rr.AW%AirLv Acc::;,mman4.TiO%s A404rV Gladden Farms 11 11-17 Specific Plan Ric-cEIVEU STATE OF ARONA GOVERNORTHE 44RouTaNa , FISH DEPARTMENT D D C 16AONW UUMN 0111=fi, ARIVACA W. 144rs Gusyw� Pi�oLstx "N -4, 4, 114 2 2 21 W.T G.. R.D, FnENx, AZ 8 50 23-4399 JOEMELTMYOWA MICffAELM;CM*mY.FLwnAFF r.�Y' (602)942-3000 WLuAm fl. McLus, Gcu CAxn V*tt"II Mwe L SHMUFE Mf MOINEMM S=vrK.RaRra October 12, 2004 Ms. Nlegan Johnson The Planning Center 110 S. Church Suite 6320 Tueson, AZ 85701 Re: Special Status Species Information for Township 1,1 South, Range I1 East Section 35; Proposed 'Residential Community. Dear Nfs. Johnson: The Arizona Game and Fish Department (Department) has reviewed your request, dated Septertiber 29, 2004, regarding spocial status species information associated with the above - referenced project area. The Department's Heritage Data -Management System (HDIMS) has been accessed and current records show that the special status species listed on the aaactunent have been documented as occurring in the project vicinity (3 -mile buffer). In addition this project does not occur in the vicinity of any Proposed or Designated Critical Habitats. The Department's HDMS data are not intended to include potential distribution of special status species. Arizona is large and diverse with plants, animals, and environmental conditions that are ever changing- Consequently, many areas may contain species that biologists do not know about or species previously noted in a particular area may no longer occur there. Not all of Arizona has been surveyed for special status species, and surveys that have been conducted have varied greatly in scope and intensity. Making available this information does not substitute for the Department's review of project proposals, and should not decrease our opportunities to review and evaluate new project proposals and sites. The Department is also concerned about other resource values, such as other wildlife, including game species, and wildlife -related recreation. The Department would appreciate the opportunity to provide an evaluation of impacts to wildlife or wildlife habitats associated with project activities occurring in thesubject area, when -specific details become available. AN EQUAL OFPr,;ITUNn-Y Rr.AW%AirLv Acc::;,mman4.TiO%s A404rV Gladden Farms 11 11-17 Specific Plan Development Capability Report Exhibit II.E.2: Arizona Game and Fish Department Letter cont. Ms. Megan Johnson October 12, 2004 2 If you have any questions regarding this letter, please contact me at (602) 789-3619. General status information, county and watershed distribution lists and abstracts for some special status species are also available on our web site at http://www.azgfd.com/hdms. Sincerely, X 2 Ginger L. Heritage Data Management System, Data Specialist SSS:glr Attachment cc: Rebecca Davidson, Project Evaluation Program Supervisor Joan Scott, Habitat Program Manager, Region V AGFD # 09-30-04 (07) WA0%0"& Gladden Farms II II -18 Specific Plan Development Capability Report Exhibit II.E.2: Arizona Game and Fish Department Letter cont. Special Status Species within 3 Miles of TI IS, RIIE Sec. 35 .l,,..M rnMMON NAME ESA BLM USFS STATE Cocc us americanus occidentalis Western Yellow -billed Cuckoo C S WSC Glaucidium brasilianum cactorum Cactus Ferruginous P m -owl LE WSC Mammillaria thombed Thomber Fishhook Cactus SR Si modon ochrognathus Yellow -nosed Cotton Rat SC No Critical Habitats in project area. AGFD # 09-30-04(07). Proposed Residential Community. Arizona Game and Fish Department, Heritage Data Management System, October 12, 2004. Gladden Farms II 11-19 Specific Plan Development Capability Report F. Wildlife 1. Presence of State -Listed Threatened or Endangered Species No threatened or endangered species occur on the project site, but according to the Arizona Game and Fish Department the following special status species occur within a 3 -mile radius: Tahlc 9• cnarinl Stag is \A/ildlifz SnPriPc within 3 -Mile Radius Name Common Name ESA USFS State Coccyzus americanus occidentalis Western Yellow -billed Cuckoo C S WSC Glaucidium brasilianum cactorum Cactus Ferruginous Pygmy Owl LE WSC Si modon ochro nathus Yellow Nosed Cotton Rat SC ESA—Endangered Species Act (1973 as amended) ■ C—Candidate: Species for which USFWS has sufficient information on biological vulnerability and threats to support proposals to list as Endangered or Threatened under ESA. However, proposed rules have not yet been issued because such actions are precluded at present by other listing activity. ■ LE—Listed Endangered: Imminent jeopardy of extinction. ■ SC—Species of Concern: The terms "Species of Concern" or "Species at Risk" should be considered as terms -of -art that describe the entire realm of taxa whose conservation status may be of concern to the USFWS, but neither term has official status. USFS—United States Forest Service ■ S—Sensitive: Those taxa occurring on National Forests in Arizona which are considered sensitive by the Regional Forester. State—State of Arizona ■ WSC—Wildlife of Special Concern in Arizona. Species whose occurrence in Arizona is or may be in jeopardy, or with known or perceived threats or population declines, as described by the Arizona Game and Fish Department's listing of Wildlife or Special Concern in Arizona (WSCA in prep). Species indicated on printouts as WSC are currently the same as those in Threatened Native Wildlife in Arizona (1988). The project does not occur in any Proposed or Designated Critical Habitats, but it is within the Cactus Ferruginous Pygmy Owl Survey Zone 2. See Exhibit II.E.2: Arizona Game and Fish Department Letter 2. High Densities of a Given Species There are no known high densities of a given species on the project site. 3. Aquatic or Riparian Ecosystems There are no aquatic or riparian ecosystems on the project site. Gladden Farms II II -20 Specific Plan Development Capability Report G. Soils and Geology This portion of the Gladden Farms II Specific Plan identifies geologic features and soil associations within the site. The following information is based on a geotechnical report prepared by Terracon on September 1, 2004. 1. Soils The preliminary geotechnical report identified subsurface soils consisting of sands with varying amounts of silt and gravel and sandy silts to sandy lean clays. In general, development on the soil is feasible. Further testing will be done prior to and during construction of the project. See Exhibit II.G.1: Soil Associations 2. Geologic Features The project site lies within the Santa Cruz River Basin where the topography consists of mountain ranges and relatively flat alluviated valleys. The alluvial materials mapped at the site consist of sand, silt, and gravel. Gladden Farms II II -21 00 Specific Plan Development Capability Report Exhibit II.G.1: Soil Associations Vu VaA GbA `�, ` J �_ i Ag ���•� �'�� �''� GbA Vu ,� Bt A0 i....... ._. ..... ........ .. I i Legend NORTH THE EM AS (A/oa Very - Sanas Lein VeF�) PLANNING � (A. or 0 !r (8Loamy sand) ` CENTER C O St (eraGo Sally Loam) Ga (Gla lady Loan) Project FC0•43 GbA (Gila Learn, 0 to 1 Percent Slopes) Location plhoJwb�0eYh1ca101�1FC0.111/o1la U Gh (Grebe Learn) Q V%A (Mata. Loamy Ser d. 01e 1 Percent slop") 0 1250 Feet Vu (Vinlo AnttwnySarWy L—) Spocmc Plan lrnadary Gladden Farms II II -22 00 Specific Plan Development Capability Report H. Environmental Resources A Phase I Environmental Site Assessment (ESA) was performed on the project site. The site has historically been used for agriculture except for three houses that were built on the property. During the interview process, it was discovered that there had been underground storage tanks (USTs) near the northwestern homestead that were removed in 1985. It was recommended that the site undergo further evaluation for potential releases from the USTs, which has been completed. There are several above -ground storage tanks on the property, but they are not considered to be a recognized environmental concern. I. Viewsheds 1. Viewsheds Onto and Across the Site Due to a lack of topography and vegetation on the project site, distant views of the Santa Catalinas and the Tortolita Mountains are visible from the project site to the east, while the Tucson Mountains are visible to the west, and Picacho Peak is visible to the northwest. Southern views from the property are blocked by vegetation and the existing Tangerine Road Landfill. See Exhibit 11.1.1(a): Photo Key Map and Exhibit 11.1.1(b): Site Photos 2. Visibility from Adjacent Off -Site Uses The project site is highly visible from adjacent off-site uses due to the lack of topography and vegetation except for the southern boundary. Visibility from the properties to the south is hindered by vegetation screening the landfill. Once Gladden Farms I is built out, visibility onto the site will decrease due to backyard walls. See Exhibit 11.1.1(b): Site Photos and Exhibit 11.1.2: Areas of High Visibility Gladden Farms II II -23 00 Specific Plan Development Capability Report Exhibit 11.1.1(a): Photo Key Map Legend NORTH THE Q Project Site �Tj, Q Cot)CENTER G Pnj�t: !GD -13 Lautbw 1:lhojecblOnp6fcslW S.fCi}131p®oto Imy 0 1500 Feet (�►� Gladden Farms II II -24 Specific Plan Development Capability Report Exhibit 11.1.1(b): Site Photos .S �x�sai�airr� - - bS.'✓d'_a�.�.. mem®... Photo 2: Looking east toward the Santa Catalina Mountains from the western boundary of the property. Gladden Farms II II -25 00 Specific Plan Photo 3: Looking north between Gladden Farms I and the project site. x A ry_ Zo- Photo 5: Looking west towards the Tucson Mountains from the southeast corner. Gladden Farms II Specific Plan Development Capability Report Exhibit 11.1.1(b): Site Photos cont. 11-26 Development Capability Report Exhibit 11.1.1(b): Site Photos cont. Photo 7: Looking west across the property from the eastern boundary. Gladden Farms II II -27 00 Specific Plan Development Capability Report Exhibit 11.1.1(b): Site Photos cont. 4 Photo 9: Looking northwest from the northeast corner of the property and adjacent to Interstate Gladden Farms II II -28 00 Specific Plan Development Capability Report Exhibit 11.1.2: Areas of High Visibility Legend: ■ ■ Project Boundary Adjacent Panels Area of high visibility from adjacent off-site locations. Area of low visibility from adjacent "a locations. Note: Z Contour intervals. -THE PLANNING CENTER nos. AZ o+ST4M z sure ase � 1U6t0�i �Z pt (520702iU1u1 i R eav 7207 Gladden Farms II II -29 Specific Plan Development Capability Report J. Traffic Circulation and Road System This section identifies traffic circulation and the existing and planned road system currently serving the site. 1. Existing and Proposed Off -Site Streets The project is located at the southeast corner of Moore Road and the Postvale Road alignment. At the southwest corner of the property, Tangerine Road becomes the proposed Tangerine Farms Road as it heads northwest through the Gladden Farms I development. Interstate 10 and the frontage road run adjacent to a small portion of the property's northeast corner. Both the Patton Road and Postvale Road alignments adjacent to the project site are to be abandoned. 2. Existing Access and Rights -of -Way Northwest Marana has historically been agricultural and the demand on the roads has not been as high as more urban areas. As Northwest Marana continues to develop, the demand will increase. Table 5: Roadway Inventory describes arterial and collector roads within a one -mile radius of the project site. Table 5: Roadwav Inventory See Exhibit II.J.2: Existing and Future R.O.W. Gladden Farms II II -30 00 Specific Plan Moore Road Tangerine Future Tangerine Future Clark Road Farms Road Farms Boulevard Functional Arterial Arterial Arterial Arterial Classification Existing R.O.W. 60 60 Not Applicable Not Applicable (feet) Future R.O.W. 250 250 250 150 (feet) Number of Lanes 2 2 4 Lanes 2-4 Lanes. (planned) (planned) Speed Limit 35 35 Not Known Not Known Ownership Marana Marana Marana Marana ADT (Source, 910 (Gladden 1,230 (Gladden Year) Farms II TIA, Farms II TIA, Not Available Not Available 2005) 2005) 13,100 13,100 Capacity (Source, (Gladden (Gladden Not Available Not Available Year) Farms II TIA, Farms II TIA, 2005) 2005 Continuous Yes Yes Not Available Not Available R.O.W. Conforms to Width Yes Yes Not Available Not Available Standards Surface Pavement Pavement Not Available Not Applicable Conditions See Exhibit II.J.2: Existing and Future R.O.W. Gladden Farms II II -30 00 Specific Plan Development Capability Report Exhibit II.J.2: Existing and Future R.O.W. Legend 0 Project Site 6W Existing Right -of -Way Ona-fAlle Radius 250' Future Rightcf-Way streets Gladden Farms II 00 Specific Plan NORTH THE TCE TER G Project FCD -13 LocWon: I:WrojeMNOraphicslGIST-CD-IATratk ROW 0 3000 Feet , Legend 0 Project Site 6W Existing Right -of -Way Ona-fAlle Radius 250' Future Rightcf-Way streets Gladden Farms II 00 Specific Plan NORTH THE TCE TER G Project FCD -13 LocWon: I:WrojeMNOraphicslGIST-CD-IATratk ROW 0 3000 Feet Development Capability Report 3. Roadway Improvements Table 6: Planned Roadway Improvements is a list of planned roadway improvements for arterial roads within a one -mile radius of the project site. The list was compiled by the Pima Association of Governments in the 2001-2025 Regional Transportation Plan Amendment, Adopted January 2004. The general scope, location, and the ID# used to identify and track the project are given. An "In Plan" status means that the projects are included in the funding, traffic, and air quality analyses of the plan and are expected to be completed by 2025. A "Reserve" status means that they are financially infeasible without a new funding source. All costs are given in $1000's of dollars and the sponsor is the jurisdiction responsible for the implementation of the project. Table 6: Planned Roadway Improvements Project Name Plan ID# Status Cost (in $1,000's) Sponsor 1-10: 1-19 to Marana TI 5.98 In Plan $490,830 ADOT Widen to 8 Lanes Arterial Rd. East of 1-10/Project #9 Tangerine Road to Final County Line 203.00 In Plan $30,425 Marana Construct new 4 lane roadway Moore Road Sandario to Postvale 65.89 In Plan $400 Marana Reconstruct Moore Road Postvale to Frontage Road 198.00 In Plan $600 Marana Reconstruct Moore Road 1-10 Frontage to Luckett 198.00 In Plan 68,600 Marana Widen to 4 Lanes Tangerine Farms Road Existing Tangerine Road to Luckett 197.00 In Plan $60,300 Marana Construct new 4 lane road Tangerine Road Extension Tangerine Farms Road to Twin 205.00 In Plan 27,000 Marana Peaks/Sandario Intersection Construct new roadway 1-10: Moore Road TI 37.00 Reserve $11,250 ADOT Construct new interchange Project #8 Tangerine Road to Lon Adams Road 202.00 Reserve $17,800 Marana Construct new roadway 4. Intersections Currently, the only major intersection in this area is the Interstate 10 and Tangerine Road interchange. As the area begins to develop, Moore Road and the future Tangerine Farms Road will see more traffic. This project will impact the 1-10 and Tangerine Road interchange as well as future intersections along Moore Road. 1% Gladden Farms II II -32 Specific Plan Development Capability Report 5. Alternate Modes There are no sidewalks or designated bike routes along existing roadways surrounding the property except in Gladden Farms I. The public roadway standards for Northwest Marana include sidewalks and paved multi -use lanes on arterial and collector streets. K. Recreation and Trails 1. Open Space, Recreation Facilities, Parks, and Trails The Ora Mae Ham District Park is located approximately 3/ of a mile northwest of the project site. This 40 -acre facility is located on the northeast corner of Barnett Road and Lon Adams Road, adjacent to the Marana Municipal Complex. Park amenities include the following: ■ 3 lighted ball fields ■ 1 lighted soccer field ■ 7 covered ramadas with gas grills, lighting and electrical outlets ■ 2 lighted tennis courts ■ 1 lighted basketball court ■ 1 large soccer/multi-use field ■ 1 outdoor swimming pool ■ 3 lighted covered playground areas ■ 1 community/recreation center Gladden Farms I to the west also includes one public park and several smaller private parks for its residents. Amenities planned for the public park, but not yet constructed include multi -use fields, little league fields, soccer fields, play structures, ramadas, and restrooms. The proposed Santa Cruz River Linear Park is located '/2 mile south of the project site, adjacent to the Santa Cruz River. The linear park is planned to encompass approximately 215 acres adjacent to the northern bank of the Santa Cruz River. The linear park runs from Sanders Road to where Airline Road would cross the Santa Cruz River if extended northward. Adjacent to the linear park will be the future Marana Heritage Park. According to Town of Marana Park, Trail and Open Space System Master Plan and Pima County Land Information Systems, there are two trails located within a one - mile radius of the project site. Located east of Interstate 10, the CAP Canal Trail (listed as Trail Map Code 3 according to the Town of Marana Trail System Master Plan, 2000) requires a vehicle to safely access from the project site. The CAP trail then crosses under Interstate 10 where it intersects the Santa Cruz River Linear Park and continues on in a southwesterly direction. This area of the trail would be accessible without a car. The CAP Canal Trail is a primary trail open to pedestrians, bicyclists and horseback riders; it also serves as a utility right-of-way. The Santa Cruz River Trail within the Linear Park (Trail Map Code 8, Trail System Gladden Farms II II -33 Specific Plan Development Capability Report Master Plan, 2000) runs in a northwesterly direction from the Santa Cruz County Line to the Pinal County Line. The trail will have full access for pedestrian, mountain bike, road, bike, and equestrian uses. There are trail heads on Cortaro Road and Sanders Road. See Exhibit II.K.1: Open Space, Trails, and Recreation Gladden Farms II II -34 Specific Plan - -na' r I�il� 77i Legend Specific Plan Boundary Jf Trails Parks EM River Parks 1 Mlle Radius Gladden Farms II 00 Specific Plan Development Capability Report Exhibit II.K.1: Open Space, Trails, and Recreation NEW HE ., t- — . ...........i f CAIP t • Avra Valle Road NORTHTHE M/1-11 PLANNING LA CENTER Pmjec6 FM17 L. tW. 1APr*j*diA0whk*%UPYM1M0p" Spam 0 3000 Feet II -35 Development Capability Report L. Cultural Resources This portion of the Specific Plan identifies paleontological and cultural resources within the site. Such resources include both cultural artifacts and non -cultural remains (paleontological evidence) that could be from the prehistoric or historical periods. 1. Location of Resources On -Site According to a records review conducted by SWCA in September 2004, approximately 60% of the project site has been surveyed for cultural resources. The research has indicated that two sites, AZ AA: 12:681(ASM) and AZ AA: 12:686(ASM) are partially within the project site. AZ AA: 12:681 (ASM) is a light Hohokam artifact scatter that has not been evaluated for National Register of Historic Places eligibility (Fish et al., 1992). AZ AA: 12:686 (ASM) is a dense Hohokam artifact scatter that has been recommended eligible for the National Register (Hesse, 2001). Although the previous survey was conducted in 1983 it was performed by students from the University of Arizona and it was not surveyed in its entirety. For these reasons, SWCA recommends that a Class III (full pedestrian) survey be conducted to meet current standards and verify locations of the two sites previously found on the property. An archaeological study is currently being conducted. 2. Letter from the Arizona State Museum The Arizona State Museum (ASM) indicated that a survey was done on the project site in 1983 and that there are two known sites on the property (AZ AA:12:681 and AZ AA:12686). The ASM recommends that an archaeological surface inspection of the project site be conducted. An archaeological study is currently being conducted. See Exhibit II.L.2: Arizona State Museum Letter 00 Gladden Farms 11 II -36 Specific Plan Development Capability Report Exhibit II.L.2: Arizona State Museum Letter Ti111�(E ARIZONA nF fJ'I{ P'.O, B n- 210016 Tacsnn, AZ 85721026 TUCSQN . +' r5m) 01-6372 rAX: (520)62t-29;6 M-ftrber 4, 2004 MM, A-1hnson, Planner The Planning Center 110 South Church St. Tucson, Arizona 85701 Re: FCD- 13, Archata7lps kal Records C7rerk related to Specific 1 I,rn far Pacheco Farms, 103 acres in S35 T 1 I S, RI 1F Salt and Gili River Baseline and Meridiart. Dear vis. Johnson; On September 29, 2004, you requested an archaeological records check related to the abovt- referenced property. 1 have consulted our records with the following results. The pro .party has not been inspected for archaeological sites since the Northern'1"ucson Basin Study in 1983. which was done largely by students. In addition, one large site and one small one are known to be on the property. AZ AA-12:686(ASM) is knolAn to extend well into the property, The eastern portion of the site (in Section 36),,vas the subject of testing and data recovery by Ticrra Right of Way Services in 1995. A smaller site, AZ AA:12:681(ASM) may extend onto the SW corner of the property. Because of the age of the survey and because there are known sites on the property, the ASM recommends an archaeological surface inspections to assess the condition of the sites, to determine if important yet unreported prehistoric or historic sites are on the land, and to make recommendations about testing and data recovery. A list of archaeological contractors is available on our website at: IrtipJ umNv:statemuseum.arizotia.edit,profsves,permits,,permittcxs.asp The archaeological consultant you choose should be aware that a treatment plan, testing, and possible data recovery «rill likely be required as not all of them do this type of work. Archaeological surrhoe inspection requirod under city or county ordinance, or a federal regulation, %All require a written report describing the results of the surface inspection and will include recommendations. You are responsible for providing the report to the appropriate office requiring the inspection. T11a archaeologist «rill also submitted copies of your report to the appropriate arcbaeological site life oliice if you have selected an archaeologist from the list provided, that contractor knotivs Nvhcre and when to submit reports. if you have any questions, please do not hesitate to call rne, Sincerely, Su Benaron Assistant Permits Administrator (520)621-2096 sbanarottcr email.arizcini.cdu Gladden Farms II II -37 �� Specific Plan Development Capability Report M. Existing Infrastructure and Public Facilities 1. Sewer The project will utilize the Marana Wastewater Treatment Facility. This facility is scheduled to undergo expansion that will be completed in mid -2006. Additional expansion to the facility is scheduled for 2007/2008 time period. Currently, there is conveyance capacity in the existing sewer lines; however there are no sewer lines that serve the property. The developer will need to build sewer lines to connect to the existing system. See Exhibit II.M.1.a: Existing Sewer and Exhibit II.M.1.b: Sewer Capacity Letter 2. Fire Service Northwest Marana is currently served by the Northwest Fire District and the Avra Valley Fire District. The project site is not in either of the fire districts, however the properties to the south and west of the project are located within the Northwest Fire District. The closest station within the Northwest Fire District is Station #36 located near the Town of Marana Municipal Complex on Marana Main Street. See Exhibit II.M.2: Fire Service Gladden Farms II II -38 00 Specific Plan Development Capability Report Exhibit II.M.1.a: Existina Sewer I r—� ( ? -- _ a, i Rc ad i Legend Sewer Une SpecMlc Plan Boundary Gladden Farms II Specific Plan I �erine Y NOP,TH THE M /CENTER G rroJ�e4 PC61! Loc�tlo's dV+oJ�etaWnyMlcalGgKCo-i31�.�r 0 3000 Feet II -39 Development Capability Report Exhibit II.M.1.b: Sewer Capacity Letter (-.I. D4��6z,13 Development Services Carmine DeBonis Jr. Nrc,w olfce: 520.740.6506 tar.: 520.740 W78 April 12, 2005 TO: Lisa Shafer, Planner Town of Marana Development Center, Planning Department FROM: Tim Rowe, P.E., Development Review Engineer QWastewater) Pima County Development Review Division ! SUBJECT: Gladden Farms II Specific Plan PCZ -05028 The Pima County Wastewater Management Department's Planning Services Section has reviewed the proposed plan amendment and rezoning and offers the following icomment I lie area covered under the specific plan is adjacent to the area s4rved by Pima County's public sewer system. This area will be tributary to the Marana Wastewater Treatment Facility (MWWTF). Treatment capacity to serve the initial phases of development within this aria will not become available until the MWWTF is expanded to treat a minimum of 0.7 million gallons Iper day (MGD). This expansion is expected to be completed in mid -2006. Further expansion to accommodate the later phases of this development is programmed for the 2007/2008 time period. I Should the developers of this property wish to proceed before Pima County can provide the necessary treatment capacity to serve this area, the developers may need to enter into a Development Agreement with Pima County to fund, design, and construction the necessary treatment capacity at the MWWTF . Such a Development Agreement would also include some form of partial or full reimbursement provisions. Public sewers are not currently available at the site boundary, pd the developers of this property will need to build approximately 1.5 miles of off-site sewer line to connect to the existing public sewer system. They will also need to build appropriate flowthrough sewers through the property. Both of the off-site and the flowthrough sewers must be sized to accommodate both the flow from this area, and the flow from any up -gradient or down -gradient properties that can reasonably be expected to use the line. Due to the extremely flat topography in this area, gravity seweri4g this property will be difficult, and the the alignment of the necessary off-site and flowthrough sewer lines will need to be chosen carefully. Conveyance capacity in the existing conveyance system is currently available to serve the area covered under the specific plan, but this may change with time. Should conveyance capacity not be available when this property is developed, the developers of this area may need to augment the downstream conveyance system. This letter is not a commitment of treatment or conveyance capacity allocation. Capacity allocation is accomplished by building the sewers necessary to serve thg proposed development, iii accordance Public Works Building • 201 N. Slone Ave.. lst Floor • Tucson. AZ - 85701-12071 • Plwne 520.740.6506 • Fax 52D 740.6678 v7 httP://ww.p;maxpress.00m Gladden Farms II II -40 Specific Plan Development Capability Report Exhibit II.MA.b: Sewer Capacity Letter continued Gladden Farms II Specific Plan April 12, 2005 PCZ -05-028 Page 2 of 2 with terms and conditions of a formal Sewer Service Agreement that is normally prepared during the development plan or plat review process. If conditions change between now and the time a development plan or tentative plat is submitted, the property owner may be required to augment the existing public sewerage system in order to provide adequate treatment and conveyance capacity for this rezoning If you wish to discuss the above comments/conditions, please contact Mr. Robert Decker, PC`VMD Planning Services Manager at 740-6625. Tim Rowe, P.E., Development Review Engineer (Wastewater) Pima County Development Review Division TR/tr Copy: Project __..._..._.._. .. ---------- -- ....-- ...... Public Works Building 201 N. Stone Ave -,1st Floor • Tucson, AZ • 85701.1207 • Phone 520.740 5506 • Fax 520-740.6878 http llwww.pimaxpress.corn Gladden Farms II II -41 SVMF Specific Plan Development Capability Report Exhibit II.M.2: Fire Service is Legend NORTH THE sp-cmKf ftli `ot ft—& -y P LAN N I NG +MeROOMM—CENTER Tmr of Wormy Mes"pol Complex Pmjwb FCO -13 Q pollee Loestlem hlpnjeets1OnVkkslORVC1N13UHke * me stetlO° 0 3000 Foot Gladden Farms II II -42 00 Specific Plan Development Capability Report 3. Water a. Existing Wells Four wells are located on the project site. Two of them are owned by the Cortaro-Marana Irrigation District (CMID) and two are owned by Evco Farms, Inc. according the Arizona Department of Water Resources. Well #604813 is located in the eastern part of the property and is owned by CMID. Well #604812 is located in the southeast corner and is also owned by CMID. Both CMID wells are used for irrigation purposes. Wells #638525 and #638527 are owned by Evco Farms, Inc. and are used for domestic water purposes and will be removed by this development. Well #638525 is located in the northwest corner and #638527 is located along the Tangerine Road alignment. See Exhibit II.M.3.a: Water b. Water Service Letter The project site is located within the Town of Marana Water Service area. Therefore, water supply is assured. This does not imply that there is currently water service to the project site. A water service agreement between the developer and the Town of Marana is needed. See Exhibit II.M.3.b: Water Service Letter C. Non -Potable Water Use All new developments in Northwest Marana are required by the Town to implement a non -potable water system. Non -potable water use is required for the irrigation of landscaped open areas, recreation sites, and public facilities. Gladden Farms II II -43 00 Specific Plan Development Capability Report Exhibit II.M.3.a: Existing Water Lines and Wells Legend NORTH (vTHE Q Project site \ / MCENTER PLANNING Existing Water Lines CMID Canals • Private Wells • CMID Wells • Municipal Wells Gladden Farms II 00 Specific Plan Frojech FM13 �oeauem mr,ojwwSonMkraaureonmrwn. 0 1500 Foot 11-44 Development Capability Report Exhibit II.M.3.b: Water Service Letter MARANA, TOWN OF MARANA WATER DEPARTMENT October 18, 2004 The Planning Center 110 South Church Suite 6320 Tucson, Az. 85653 Attn: Megan Johnson Dear Ms. Johnson: Re: Pacheco Farms Specific Platt Specific Plan for t 633 acres at Tangerine Road and Interstate 10 FCD -13 WATER SUPPLY The Town of Marana has been designated by the State of Arizona, Department of Water Resources, as having an assured water supply. This does not mean that water service is currently available to the proposed development. The development does lie within the boundary of the Town of Marana water service area. WATER SERVICE The approval of water meter applications is subject to the availability of water service at the time an application is made. The developer shall be required to submit a water service agreement identifying water use, fire (low requirements and all major on-site and off-site water facilities. The developer at his own expense shall construct a water distribution system to serve the development and transfer title of the system to the Town of Marana, in consideration the Town of Marana shall operate, maintain and service the system. The comments made herein are valid for a period of one year only. If you have any questions, please do not hesitate to call our office at 382-2570. C. Brad DeSpain Utilities Director 5100 W. INA ROAD IN TUCSON, ARIZONA 85743 ® PHONE: (520) 382-2570 ® FAX: 382-2540 Gladden Farms II II -45 Specific Plan Development Capability Report 4. Schools The project site is located within the Marana Unified School District. Estes Elementary School, Marana Middle School and the Marana Plus Alternative Education are located approximately one mile north of the project site. In addition, one school site will be dedicated within Gladden Farms I that may accommodate children from Gladden Farms II in the future. For now, the schools that will serve this development are: ■ Estes Elementary School, 11279 West Grier Road (approximately 1 mile northwest of the project area). ■ Marana Middle School, 11279 West Grier Road (approximately 1 mile northwest of the project area). ■ Marana High School, 12000 West Emigh Road (approximately 4 miles southwest of the project area). See Exhibit II.M.4: Schools 88 Gladden Farms II II -46 Specific Plan Development Capability Report Exhibit ILMA Schools Val Gladden Farms II II -47 00 Specific Plan Development Capability Report 5. Private Utilities a. Natural Gas EI Paso Natural Gas controls a gas line bisecting the project site. The gas line easement is approximately 60 feet wide and runs through the property from the northwest corner to the southeast corner; it will remain in place. Southwest Gas Corporation has existing facilities in the area and will provide natural gas service to the site. b. Cortaro-Marana Irrigation District There are two wells and three irrigation ditches on the project site that are currently controlled by the Cortaro-Marana Irrigation District (CMID). Well #604813 is in the southeastern corner of the project site. Well #604812 is on the eastern side of the project, approximately half -way between the southern and northern boundaries. There is an irrigation canal from the southeast corner that connects the two wells. A second irrigation canal runs in an east -west direction bisecting the property and the third canal also runs in an east -west direction along the southern boundary. See Exhibit II.M.3.a: Water, for the location of the wells and canals. C. Communications Telephone service and line installation is available in this area through Qwest Communications. Comcast Cable has cable services in the area and will likely provide service to the property. d. Power The project site will be served by Tucson Electric Power. N. McHarg Composite Map Information regarding topography, hydrology, vegetation, wildlife and views has been combined to form the McHarg Composite Map displayed as Exhibit II.N: Composite Map. Gladden Farms 11 II -48 00 Specific Plan Development Capability Report Exhibit II.N: Composite Map Legend: vv� Project Boundary 4961-e.TNM knvmom »gsWmam�r -----_ .__ Adjacent Parcels -----=- watershed Boundaries EmArea of high visibility from adjacent off-site locations. MArea of low visibility from adjacent off-site locations. Gladden Farms II Specific Plan i PLANNING CENTER 17v NM_ WTU a= .__ ._.._.� IHCFOfl K.�SPM.iit016!}O1W v 6W 12W 11-49 III. Development Plan Development Plan A. Purpose and Intent This section contains a description of the goals, objectives and policies of the plan combined with various plan components, which will meet the Town's vision for development in Northwest Marana. These components provide the rationale for the Development Regulations in Section IV. This Specific Plan is a method used to implement the Marana General Plan at a more detailed site-specific level for a focused area. The Specific Plan clarifies the planning considerations for parcels within the Plan area and imposes regulations or controls on the use of such parcels. The Specific Plan establishes the type, location, density, and community character within the Plan area. The Plan contains the standards and guidance to ensure that development will occur in a controlled manner with infrastructure as planned. The project development plan is the result of thorough site analysis and research. As a result of this, the plan resolves, as much as possible, development -related issues in the form of proposed physical improvements, guidelines for future development, technical information, and regulations. B. Objectives of the Specific Plan The objectives of the Specific Plan are intended to guide development of the site and provide direction for community design principles. This Specific Plan is intended to implement policies of the Marana GeneraI Plan while providing a unique development that meets specific needs of the site and the community. Development criteria established in this plan ensure quality design for the separate uses while maintaining a common theme throughout the project. In recognizing the major development issues, the landowners' objectives, and Town requirements, a set of development plan goals have been established as follows: 1. Implement the policies and guidelines of the Marana General Plan; 2. Create a community that is compatible with existing and planned development; 3. Establish design standards that encourage quality design of all structures while promoting the rural/agrarian theme described in the Marana General Plan; 4. Build a community that is easily accessible and promotes multi -modal transportation and interconnectivity; 5. Design a community that provides a variety of uses and housing types through the application of the Residential/Commercial Village concept; 6. Provide uniform development regulations for land use, circulation, landscaping, and open space; 7. Ensure coordinated, responsible planning through the use of cohesive procedures, regulations and guidelines; 8. Build a mixed-use community that promotes higher density housing and Development Plan commercial uses; and 9. Provide a framework for the management and administration of this Specific Plan. C. Relationship to Adopted Plans The Marana General Plan designates the project as Master Planned Area (MPA) per adoption of the Marana General Plan by Town Council in 2010 and ratification by voters in 2011. The purpose of the MPA is to allow flexibility in site planning and design. Active specific plans in the Town are characterized by a variety of intensities and uses, including low to high density residential, differing scales of commercial development, industrial and employment related uses, and significant open space and natural areas. This Specific Plan will provide a mix of housing types including single-family attached and detached as well as multi -family options. The mix is intended to provide diverse housing products/choices as outlined by the Marana General Plan; however, an overall density of 4 -RAC is maintained. D. Compatibility with Adjoining Development The Gladden Farms II Specific Plan seeks to be compatible with the existing and planned development in the area. Gladden Farms I is just west of the project site. The same Master Developer is responsible for both Gladden Farms I and Gladden Farms II. As such, the Master Developer will create an integrated community that reflects the same extensive design considerations and theme. While each neighborhood within the respective developments will have unique identifying features, they will be compatible in look, quality of development, and amenities offered to the residents. Both Gladden Farms developments combine a mixture of residential densities with commercial, office, and recreational land uses. In addition, the two communities will be connected via local roads and paseos to promote community interaction. North of Moore Road is the Rancho Marana Specific Plan. Currently, Rancho Marana which has a number of homes under construction and/or occupied is planned for a mixture of residential densities and office and commercial uses. The planned uses adjacent to Moore Road, which this Specific Plan will front, include Employment Center and Medium Density Residential. South of the project site lies the former Pima County Tangerine Road Landfill. The landfill will be buffered by vegetation and Tangerine Road. It is closed, capped and revegetated. Agricultural land is currently to the east of the project site but is being planned for intense commercial use. Clark Farms Boulevard will be aligned along the section line between Gladden Farms II and the property to the east. Due to the planned commercial use to the east and the alignment of a major road, the eastern ffm Development Plan boundary of Gladden Farms II will feature commercial uses and transition to residential uses that are located in the transitional area to the west. E. Land Use Concept Plan The Gladden Farms II Specific Plan encompasses approximately 636 acres in Northwest Marana, north of Tangerine Road, south of Moore Road, and east of the Gladden Farms I community. While this Plan does not include the Gladden Farms I community, the ultimate goal is to have Gladden Farms I and II function as a single community. As such, Gladden Farms II has been designed to transition from the residential uses along the western boundary to commercial uses in the east. The residential densities along in the west will feature 6,000 and 7,000 square foot lots, similar to those in Gladden Farms I. The densities increase to the east with High Density Residential (HDR) which allows the option for attached units. The increase in density provides an appropriate transition to the commercial areas on the eastern boundary. The land use concept designates blocks along the eastern boundary for commercial use. Due to the proximity to Interstate 10, it is anticipated that the property to the east of Gladden Farms II will be developed as an intense regional commercial use: making residential uses less appropriate in this area. The commercial land use within the Specific Plan area is generally intended to serve the residents of Gladden Farms with neighborhood commercial services. It is possible that Blocks 29 and 43 may have higher intensity uses because they are located at major intersections. Gladden Farms II is proposing three Transitional blocks. The Transitional designation is intended to provide for professional office opportunities and higher density housing. The higher density housing will provide more affordable and rental housing options to meet the varying needs of Town residents. Due to the small size of Block 44 in the northwest corner, it is not appropriate for high density housing or large retail uses. Blocks 28 and 34 will provide a transition from the commercial uses at the northeast corner in Block 29 to adjacent residential uses. The remaining areas of the Specific Plan include high-density and single-family detached residential options. The High Density Residential areas are concentrated along Tangerine Road, west of the commercial area. This designation supports a variety of housing types, including single-family attached, small -lot single-family detached, and multi -family housing. Blocks 36, 37, 40, 41 and 42 have the option of being a gated, age -restricted community. The remainder of the site is composed of single-family detached residential lots ranging in size from 6.000 to over 7000 square feet. These blocks are along the western boundary and will be at the same or lesser density than those in Gladden Farms I. An open space overlay zone has been established to demonstrate the approximate Development Plan location of the paseo system throughout the property. See the Land Use Table and Exhibits III.E.1: Land Use Concept Plan and III.E.2: Land Use Designation Map Development Plan Second Amendment Gladden Farms Specific Plan Land Use T a b l e Block Gross Acres Net Acres Land Use Target Lots/Units 26 28.7 20.7 SFD-6 96** 27 36.9 31.1 HDR 197 28 27.8 23.2 TR 284 29 64.1 57.8* C N/A 30 45.7 29.6 SFD-7 134 31 22.5 19.2 SFD-6 105 32 7.2 6.0 P N/A 33 37.1 28.6 SFD 6 139 34 37.6 33.6 TR 403 35 32.0 27.2 SFD-6 108 36 27.4 20.5 HDR 120 37 46.3 31.1 HDR 187 38 31.7 28.8 C N/A 39 48.2 32.4 SFD-7 123** 40 31.2 25.6 HDR 154 41 32.9 20.2 HDR 121 42 36.5 28.5 HDR 171 43 39.9 30.0 C N/A 44 2.3 1.4 TR N/A Total Acres 636.3 495.2 2,345 Open Space Overlay Zone/Drainage 72.2 Roads 68.9 Total Units: 2,345 (1,975 single-family units, 370 individual units of multi -family housing) Overall Density: 4 RAC Gross Acres includes the road half right -of way adjacent to each block. "Number of platted lots. KEY: SFD-7: Single -Family Detached SFD-6: Single -Family Detached HDR: High Density Residential TR: Transitional C: Commercial P: Park Development Plan Exhibit III.E.1: Land Use Concept Plan TANGERINE ROAD_ LEGEND SFD-6 SINGLE FAMILY DETACHED SFD-7 SINGLE FAMILY DETACHED HDR HIGH DENSITY RESIDENTIAL TR TRANSITIONAL C COMMERCIAL PARK - - - TRAILS OPEN SPACE OVERLAY ZONE ACCESS POINTS HE Development Plan Exhibit III.E.2: Land Use Designation Map LEGEND SFD-6 SINGLE FAMILY DETACHED - - - - TRAILS SFD-7 SINGLE FAMILY DETACHED OPEN SPACE OVERLAY ZONE QHDR HIGH DENSITY RESIDENTIAL TR TRANSITIONAL C COMMERCIAL P PARK Gross Acres shown include the road half right -of way adjacent to each block. I 'tie E46 III -7 Development Plan F. Grading Concept The entire site has been used for agriculture, and therefore, has been graded. This project proposes re -grading the entire site in order to create the paseos and the development areas. Prior to site disturbance, additional geotechnical studies will be completed. G. Post Development Hydrology On-site developed flows will be retained in the paseos and retention basins within each development area. Per the drainage requirements for the Town of Marana, any new development is required to provide retention for the 100 -year storm event and the 10 - year storm event. In addition, engineered facilities are required to drain the basins within 36 hours. H. Environmental Resources Any above -ground storage tanks will be removed from the property and properly disposed. The on-site septic system will be abandoned in accordance with Pima County regulations. 1. Viewsheds The project site is relatively flat with no significant topographical features. It is surrounded by vacant land except for Gladden Farms I to the west which is currently under construction. Houses in the Gladden Farms I development will be surrounded by a perimeter wall, and residents will not be able to see the project area from the ground floor level. From a second floor perspective, residents will see a development of similar densities and characteristics. The open space paseos will offer visual relief and view corridors throughout the development, preserving the distant viewsheds. The areas of the project with the highest visibility from adjacent off-site locations are located on the perimeter of the site, specifically the portion of the site adjacent to the 1-10 Frontage Road, and Moore Road. A landscaped buffer will be established along the major arterials within the rights-of-way, helping to enhance the appearance of the project from neighboring properties. J. Circulation Concept Plan The Gladden Farms II Circulation Plan establishes the general layout for arterial and collector roads while accommodating all modes of transportation -auto, bicycle, and pedestrian. The arterial roads adjacent to the property and the collector roads within the development will have multi -use lanes and sidewalks to accommodate bicyclists and pedestrians. In addition, the roads will connect to the open space paseos throughout the M Development Plan property, linking bicyclists and pedestrians to the regional trail system. The primary access points into the development will be along Moore Road and Clark Farms Boulevard on the northern boundary of the property and Tangerine Road and Clark Farms Boulevard along the southern and eastern boundaries. Tangerine Road is easily accessible from Interstate 10 as there is already an entrance ramp at Tangerine Road. A traffic interchange is planned for Moore Road as well. Both Moore Road and Tangerine Road currently have rights-of-way of 250 feet. The 250 -foot right-of- way accommodates a 4 -lane divided road with a 90 -foot landscape buffer and an 8 -foot meandering trail on one side and a 20 -foot landscape buffer with sidewalk on the opposite side of the road. In addition, the new proposed Clark Farms Boulevard alignment will be extended from the Rancho Marana development, and it has a four - lane 150 -foot right-of-way and run parallel to the frontage road. The arterial roads will provide access to interior collector streets that will create the spine infrastructure for the development. Mike Etter Boulevard and Midfield Road will have a 90 - foot right-of-way that will accommodate 2 travel lanes of traffic, multi -use lanes, and sidewalks. Residential streets branching off of the spine roads provide access to the individual subdivisions. Local street connections will be established between this Specific Plan and Gladden Farms I to create interconnectivity between the two developments. The Gladden Farms II community facilities district has been formed to assist the Master Developer with financing for the back -bone infrastructure for the project. Construction of all interior roads will be the responsibility of the Master Developer. Slope and utility easements for internal roadways may extend beyond the minimum right-of-way. See Exhibit III.F: Circulation Concept Plan ME Development Plan Exhibit III.F: Circulation Concept Plan LEGEND - - - - TRAILS -A ACCESS POINTS III -10 Development Plan K. Landscape Concept The landscape concept for the Gladden Farms II Specific Plan is based on the Gladden Farms 1 concept to the west. Together, the projects will promote a common theme based on the philosophy of compatibility with the historic agricultural/rural setting and the suburban community. Coordinated landscaping will be incorporated into all areas of the Gladden Farms 11 Specific Plan including streetscapes, residential and commercial parcels, and community open space. Each subdivision will be designed as a unique neighborhood while using common elements to integrate it with the entire community. This is achieved through the use of common agricultural themes and icons interwoven into the project, creating a unified community that retains individual identity for all aspects of the Specific Plan. Plant materials appropriate for this climate will be used and will contribute toward the creation of a community that is modern but still maintains the rural feel. Landscape plant materials shall be either indigenous vegetation or agricultural vegetation that is resistant to cotton root -rot. All proposed plant materials must be selected from the Gladden Farms II approved plant list. See Appendix B: Plant Palette. L. Open Space, Recreation, Parks and Trails Concept Gladden Farms II will feature a six -acre neighborhood park in Block 32, at the intersection of Midfield Road and Mike Etter Boulevard. This park is centrally located and will be accessible from the open space paseo system that has come to define the Gladden Farms community. The open park space will be wrapped into the land planning and connectivity of the adjacent residential Blocks 31 and 33. This is a neighborhood park and will feature water play and lawn areas, ramadas, picnic areas, a dog park, and restrooms. This Park will be maintained by the Gladden Farms Community Association and will be for the use of Gladden Farm I and 11 residents. An extensive open space paseo system will link all areas of the Specific Plan to the regional trail system and the Gladden Farms I Regional Park in the adjacent Gladden Farms I Regional Park. The open space system will be installed by the Master Developer and maintained by the Gladden Farms Community Association. The paseos will include a minimum 12 -foot multi -use trail for pedestrians and bicyclists. The multi- use trail will meander throughout the property, creating a visually appealing trail, to enhance the users' experience. The paseos will be landscaped with drought -tolerant vegetation with some areas of turf to aid in drainage of the property. The turf will be used in limited areas and shall have smooth curving edges -not engineered straight lines. The park and the open space will count for the required dedication of 185 square feet per single-family residence of on-site recreation area. 140 -square feet for townhomes, Development Plan and 100 square feet for apartments for private on-site recreation areas, per the Town of Marana Park System Master Plan for blocks contiguous with the six -acre neighborhood park (Blocks 31 and 33). Builders within the remaining blocks will be required to meet the dedication requirement (185 square feet per single family residence. 140 square feet for townhomes. and 100 square feet for apartments) within these blocks through the provision of pocket parks or other active recreation areas. See Exhibit III.K: Open Space Concept Plan III -12 Development Plan Exhibit III.K: Open Space Concept Plan LEGEND TRAILS -A 0 OPEN SPACE OVERLAY ZONE Development Plan M. Cultural Resources According to a report written by SWCA Environmental Consultants no significant cultural resource sites were found on the property. The Arizona State Museum concurs with these findings per a letter dated April 6, 2005 addressed to Ms. Andrea Calabro at the Town of Marana. No further archaeological work needs to be completed prior to development. If any human remains or funerary items are discovered during construction the Arizona State Museum will be contacted pursuant to A.R.S. §41-865. N. Infrastructure and Public Facilities 1. Sewer The Master Developer had entered into a Sewer Service Agreement with Pima County, that since has been transferred to the Town of Marana Water Department. A Sewer Basin Report was completed in 2006 and was approved by the County. 2. Fire Service Gladden Farms II has been annexed into the Northwest Fire District. 3. Water Potable A water service agreement has been completed between the Town of Marana and the Master Developer as part of the Gladden Farms II Development Agreement. Updates to this agreement are anticipated as part of the forthcoming Amended Development Agreement. Non - potable As in Gladden Farms I, a two-line water system will be installed, as necessary, to allow for non -potable water, provided by the Cortaro Marana Irrigation District (CMID), to be used for irrigation of common areas, recreation areas, and public facilities. 4. Schools The property is within the Marana Unified School District. Gladden Farms Elementary School is one mile west of the project in Gladden Farms I. Estes Elementary School, Marana Middle School and the Marana Plus Alternative Education facility are located approximately one mile west of the project site. Marana High School is located approximately 5 miles south of the project site. A new high school is planned approximately one mile northwest of Gladden Farms II. MUSD anticipates that the elementary school within Gladden Farms I will accommodate the students from Gladden Farms Il. As such, the Master Developer has agreed to voluntarily contribute $1,200 per house to MUSD at the time building permits are issued. It is anticipated that the project will have 1,975 single-family residential units and 370 multi -family units at buildout. Marana Unified School District (MUSD) does 111-14 Development Plan not have accurate data for the number of students generated by apartments and townhomes so the multipliers from the Amphitheater School District (ASD) are used because it is in the closest proximity of MUSD. Using the formulas from MUSD and ASD, it is estimated that the project will generate a total of 900 school -aged children, unless any portion of this Specific Plan is developed as an age -restricted community: Single -Family Residential: K-6: 25 x 1975 units = 494 school age children 7-12: 15 x 1975 units= 297 school age children Multi -Family Residential: Elementary K-5: 0.103 X 370 units = 39 school age children Middle School 6-8: 0.043 X 370 units = 16 school age children High School9-12: 0.048 X 370 units = 18 school age children 5. Private Utilities a. Natural Gas Southwest Gas will provide gas service to the residents of Gladden Farms II. The EI Paso Natural Gas Line that bisects the property will be left as open space. All landscaping within the gas line easement will be completed in accordance to EI Paso Natural Gas Co. standards. In general, shrubs and turf are acceptable landscape materials within the easement right-of- way, while trees are not. b. Cortaro Marana Irrigation District The Master Developer will work with CMID to address placing the existing canals underground. CMID will also provide non -potable water for landscaped common areas. III -15 IV. Development Regulations Development Regulations A. Purpose and Intent These regulations will serve as the primary mechanism for the implementation of the Gladden Farms II Specific Plan. The Gladden Farms II Specific Plan Development and Design Standards establish the intensity and character of the development by prescribing site-specific standards that are tailored to the unique qualities of the project. The regulations contained within this section provide an appropriate amount of flexibility to anticipate future needs and to achieve compatibility with surrounding land uses. These development regulations apply to the 636 acres of land in the Gladden Farms II Specific Plan. Land Use designations within the Specific Plan shall be as follows: NO LONGER UTILIZED ■ Single -Family Detached 7 (SFD-7) ■ Single -Family Detached 6 (SFD-6) ■ High Density Residential (HDR) ■ Transitional (TR) ■ Commercial (C) B. General Provisions 1. Applicability of Town of Marana Land Development Code If an issue, condition, or situation arises or occurs that is not addressed by this Specific Plan, the applicable portions of the Town of Marana Land Development Code that are in place at the time of development shall apply. 2. Building Code All construction within the Specific Plan area shall comply with the currently adopted versions of the International Building Code, the plumbing code, the International Mechanical Code, the National Electric Code, the Town of Marana Outdoor Lighting Code, the Uniform Plumbing Code, the International Residential Code, and the fire code as applicable for the specific project at time of permitting. 3. Additional Uses Whenever a use has not been specifically listed as being a permitted use in the particular zone classification within the Specific Plan, it shall be the duty of the Town Planning Director to determine if said use is: (1) consistent with the intent of the zone, and (2) compatible with other listed permitted uses. Any person aggrieved by the determination may appeal that decision to the Marana Town Council. Gladden Farms II IV -1 Specific Plan Development Regulations C. Development Standards The following standards have been assigned to each land use designation within the Gladden Farms II Specific Plan Area. Each designation has a list of permitted, accessory, conditional, and prohibited uses along with development standards to ensure quality of design. a. Permitted Uses Single -Family Detached Residential Parks and Open Space Public Schools Recreation Facilities Religious Institutions b. Accessory 4z Residential ,a, .le following accessory buildings and uses may be locat ori-, same lot with a permitted provided that any permane building or structure :e ,ous with the architectural style of the main ildin 9nc jrt �,. -'ded that all residential uses are co pati wItiI] t osident character of the neighborhood:� ■ Swi ging �I �p�.� nd ULL 1�1 Related Structures Pati Tool e Chitin en Playhouses, etc. Hom �� Jon Nunes C. Conditional Uses % ■ Child Care Faci ' ' .s ; ■ Private ,n Fa 'tie ■ roup Ames d. Devel -nen tand ids ■ Min �.._.�� Lot Area: 8,000 square feet ■ Minimum Lot Width: None o Corner lots to be platted 5 feet wider than typical lot width or a minimum 5 -foot common space shall be placed on all corners. ■ Minimum Lot Depth: None ■ Minimum Setbacks o Front: 10 feet ■ May be reduced to 5 feet with side -loaded garage* ■ Front porch: 5 feet* 88 Gladden Farms II IV -2 Specific Plan Development Regulations ■ Side -loaded garage: 5 feet* *May not encroach into the required public utility easement. • Front -loaded garage: 20 feet o Side: 0 feet ■ Must provide a 3 -foot access easement on adjacent property for z -lot lines ■ Street: 10 feet ■ Accessory structures: 5 feet o Rear: 15 feet ■ May be red _ `' feet if front -loaded garage is recessed 10 feet o nor rom t front living area • b id ?d to aet with rear -loaded garage ■ j to yet if open on 3 sides • A , .3tructures: 5 feet • Maximum uilding Height: 30 feet ■ Building Separation o Between prima nd cesso ;et ■ Maximum Lot *ger ( _ildi d ales): 55% ■ Mini --,m "� i �`bwelling Unit: 185 square feet maw"book Gladden Farms II IV -3 Specific Plan Development Regulations 2. Single -Family Detached 7 (SFD-7) a. Permitted Uses ■ Single -Family Detached Residential ■ Parks and Open Space ■ Recreation Facilities ■ Public Education Facilities ■ Religious Institutions b. Accessory Uses Residential Accessory Uses: The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential uses are compatible with the residential character of the neighborhood: ■ Swimming Pools, Spas, and Other Related Structures ■ Patios, Tool Sheds, Children Playhouses, etc. ■ Home Occupations ■ Guest Homes C. Conditional Uses ■ Child Care Facilities ■ Private Education Facilities ■ Group Homes d. Development Standards ■ Minimum Lot Area: 7,000 square feet ■ Minimum Lot Width: None o Corner lots to be platted 5 feet wider than typical lot width or a minimum 5 -foot common space shall be placed on all corners. ■ Minimum Lot Depth: None ■ Minimum Setbacks o Front: 10 feet ■ May be reduced to 5 feet with side -loaded garage* ■ Front porch: 5 feet* ■ Side -loaded garage: 5 feet* *May not encroach into the required public utility easement. ■ Front -loaded garage: 20 feet o Side: 0 feet ■ Must provide a 3 -foot access easement on adjacent property for z -lot lines ■ Street: 10 feet ■ Accessory structures: 5 feet Gladden Farms II IV -4 Specific Plan Development Regulations o Rear: 15 feet ■ May be reduced to 5 feet if front -loaded garage is recessed 10 feet or more from the front living area ■ May be reduced to 5 feet with rear -loaded garage ■ Patio structures: 5 feet if open on 3 sides ■ Accessory structures: 5 feet ■ Maximum Building Height: 30 feet ■ Building Separation o Between primary and accessory: 6 feet ■ Maximum Lot Coverage (building and structures): 55% ■ Minimum Common Open Space per Dwelling Unit: 185 square feet Gladden Farms II IV -5 00 Specific Plan Development Regulations 3. Single -Family Detached 6 (SFD-6) a. Permitted Uses ■ Single -Family Detached Residential ■ Parks and Open Space ■ Recreation Facilities ■ Public Education Facilities ■ Religious Institutions b. Accessory Uses Residential Accessory Uses: The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential uses are compatible with the residential character of the neighborhood: ■ Swimming Pools, Spas, and Other Related Structures ■ Patios, Tool Sheds, Children Playhouses, etc. ■ Home Occupations ■ Guest Homes C. Conditional Uses ■ Child Care Facilities ■ Private Education Facilities ■ Group Homes d. Development Standards ■ Minimum Lot Area: 6,000 square feet ■ Minimum Lot Width: None o Corner lots to be platted 5 feet wider than typical lot width or a minimum 5 -foot common space shall be placed on all corners. ■ Minimum Lot Depth: None ■ Minimum Setbacks o Front: 10 feet ■ May be reduced to 5 feet with side -loaded garage* ■ Front porch: 5 feet* ■ Side -loaded garage: 5 feet* *May not encroach into the required public utility easement. ■ Front -loaded garage: 20 feet o Side: 0 feet ■ Must provide a 3 -foot access easement on adjacent property for z -lot lines ■ Street: 10 feet ■ Accessory structures: 5 feet Gladden Farms II IV -6 Specific Plan Development Regulations o Rear: 15 feet ■ May be reduced to 5 feet if front -loaded garage is recessed 10 feet or more from the front living area ■ May be reduced to 5 feet with rear -loaded garage ■ Patio structures: 5 feet if open on 3 sides ■ Accessory structures: 5 feet ■ Maximum Building Height: 30 feet ■ Building Separation o Between primary and accessory: 6 feet ■ Maximum Lot Coverage (buildings and structures55% ■ Minimum Common Open Space per Dwelling Unit: 185 square feet Gladden Farms II IV -7 Specific Plan Development Regulations 4. High Density Residential (HDR) a. Permitted Uses ■ Multi -Family Residential ■ Small -Lot Single -Family Detached ■ Single -Family Residential Attached ■ Parks and Open Space ■ Community Recreation Facilities ■ Religious Institutions b. Accessory Uses ■ Carports and Garages ■ Swimming Pools, Spas, and Other Related Structures ■ Tennis courts C. Conditional Uses ■ Child care facilities ■ Group homes ■ Educational facilities d. Development Standards—Multi-Family Residential ■ Minimum Site Area: 1 acre ■ Maximum Density: 20 RAC ■ Minimum Site Setbacks o Front: 20 feet o Side: 20 feet o Rear: 20 feet ■ Maximum Building Height: 40 feet ■ Building Separation: Per Building Code ■ Minimum Private Open Space per Dwelling Unit (patio, balcony, or a combination thereof): 100 square feet ■ Minimum Common Open Space per Dwelling Unit: 100 square feet e. Development Standards—Small-Lot Single -Family Detached ■ Minimum Lot Size: 3,500 square feet o The number of 3,500 square foot lots shall be limited to no more than 33% of the total lot count ■ Minimum Lot Width: None o Corner lots to be platted 5 feet wider than typical lot width or a minimum 5 -foot common space shall be placed on all corners. ■ Minimum Lot Depth: None ■ Minimum Setbacks o Front: 10 feet ■ May be reduced to 5 feet with rear- or side -loaded garage* Gladden Farms II IU -8 00 Specific Plan Development Regulations ■ Front porch: 5 feet* ■ Front -loaded garage: 20 feet ■ Side -loaded garage: 5 feet* *May not encroach into the public utility easement, if required. o Side: 0 feet ■ Must provide a 3 -foot access easement on adjacent lot for z -lot lines ■ Accessory structures: 5 feet o Rear: 10 feet ■ Patio structures: 5 feet if open on 3 sides ■ May be reduced to 5 feet with rear -loaded garage ■ Maximum Building Height: 30 feet ■ Building Separation: 6 feet ■ Maximum Lot Coverage: 55% ■ Minimum Common Open Space per Dwelling Unit: 185 square feet f. Development Standards—Single-Family Residential Attached ■ Minimum Area per Dwelling Unit: 3,500 square feet ■ Minimum Lot Width: None ■ Minimum Lot Depth: None ■ Minimum Perimeter Setback: 20 feet • Minimum Lot Setbacks: o Front: 10 feet ■ May be reduced to 5 feet with rear or side -loaded garages* ■ Front porch: 5 feet* ■ Front -loaded garage: 20 feet ■ Side -loaded garage: 5 feet* *May not encroach into the public utility easement, if required o Street: ■ 8 feet o Side: 0 feet ■ Accessory structures: 5 feet o Rear: 10 feet ■ Can be reduced to 5 feet with rear -loaded garage ■ Patio structures: 5 feet if open on 3 sides ■ Accessory structures: 5 feet ■ Maximum Building Height: 30 feet ■ Building Separation: 0 feet ■ Maximum Lot Coverage: 55% ■ Minimum Private Open Space per Dwelling Unit (patio, balcony, or combination thereof): 100 square feet ■ Minimum Common Open Space per Dwelling Unit: 140 square feet Gladden Farms II IV -9 Specific Plan Development Regulations 5. Transitional Zone JR) a. Permitted Uses ■ Any Use Listed in High Density Residential* ■ Professional/ General Office ■ Dental and Medical Office or Clinic ■ Personal Services ■ Government/Public Service Facilities ■ Retail and Wholesale Uses** ■ Restaurant and Food Service** ■ Model Home Sales Center *Single -Family Residential Attached and Multi -Family not allowed in Block 44 **Not allowed in Block 44 b. Accessory Uses ■ Carports and Garages ■ Swimming Pools, Spas, and Other Related Structures ■ Tennis courts C. Conditional Uses ■ Child care facilities ■ Group homes ■ Educational facilities ■ Restaurant and Food Service with drive-thru service d. Development Standards—Residential ■ See High Density Residential e. Development Standards—Non-Residential ■ Minimum Site Area: None ■ Maximum Lot Coverage: 35% ■ Minimum Setbacks o Front (Street): 25 feet o Side: 20 feet o Rear: 20 feet o Adjacent to residential land use designation: 1 foot for every foot in building height, half of the setback shall be landscaped; minimum 25 -foot setback with a minimum 15 -foot landscape buffer ■ Maximum Building Height: 50 feet*** ***May not exceed 30 feet in Block 44. Gladden Farms II IV -10 Raw 00 Specific Plan Development Regulations 6. Commercial (C) a. Permitted Uses ■ Banks and Financial Institutions ■ Professional/ General Office ■ Dental and Medical Office or Clinic ■ Restaurant (including carry -out and drive-thru) ■ Retail and Wholesale Uses ■ Recreational Uses ■ Personal Services ■ Government/Public Service Facilities ■ Religious Uses ■ Daycare ■ Supermarkets ■ Private Schools ■ Laundromats ■ Home Improvement Centers ■ Pet and Pet Supply Stores ■ Theaters, not including drive-ins ■ Medical/Healthcare/Extended Care Facilities,* including: o Acute Care Hospital with helicopter landing* o Surgical Center* o Endoscopy Center* o Specialty Hospital* o Emergency Care Center* o Urgent Care Center* o Physical Therapy* o Rehabilitation Center* o Extended Care Facility* o Home Health Service* o Birthing Center* o Health Maintenance Organization or Similar Direct Care Provider* o Outpatient Imaging or Testing Center* o Permanent emergency diesel fuel storage (in conjunction with hospital)* o Parking Structures* o Other hospital related uses subject to approval by the Planning Director* ■ Automobile Sales* ■ Personal Storage* ■ Lodging Facilities* *These uses only allowed in Block 29 b. Conditional Uses ■ Automobile Service Stations Gladden Farms 11 IV -11 ANO Specific Plan Development Regulations ■ Car Washes ■ Convenience Stores ■ Multi -Family Residential C. Development Standards ■ Minimum Site Area: None ■ Maximum Lot Coverage: 35% ■ Minimum Site Setbacks o Front (Street): 25 feet o Side: 20 feet o Rear: 20 feet o Adjacent to residential: 40 feet ■ Maximum Building Height: 50 feet ■ Maximum Hospital Building Height: 80 feet ■ Building Separation: Per Building Code Gladden Farms II IV -12 00 Specific Plan Development Regulations 7. Park a. Permitted Uses ■ Dog Park ■ Play Equipment ■ Ramadas and Picnic Tables ■ Recreation Centers ■ Trails ■ Water Splash Park Pool Gladden Farms 11 IV -13 00 Specific Plan Development Regulations D. Design Standards The Gladden Farms II Specific Plan will adhere to the Residential Design Guidelines (Ordinance 2005-18) adopted by the Marana Town Council. This Specific Plan will also adhere to its own design standards. Together, these design standards will provide a reference for the planning and designing of residential, commercial, recreational, and all other development within this Specific Plan. The design standards have been separated into two categories: Town Enforced and Design Review Committee Enforced. Standards for all other categories within this Specific Plan will be reviewed by the Gladden Farms - Design Review Committee (DRC) and enforced by the Town of Marana, as applicable. The architectural character of Gladden Farms II will reflect the rural and agricultural heritage of the Town of Marana. There will be a mix of architectural styles, including Spanish Colonial, Mission, Spanish Eclectic, and Territorial. All proposed structures in Gladden Farms II shall be consistent with the standards contained herein and shall require architectural approval from the DRC. In addition, a more extensive design standards manual will be created for this project to ensure a high-quality development. This document will be submitted to the Town before the development of the property. It will be utilized by the DRC and Master Developer to guide the development of the community. The intent of these standards is to guide the development of a specified architectural context and to help in the selection of materials and colors. The standards are to be used to achieve project continuity and a standard of quality while establishing a greater visual identity. 1. Town Enforced Residential Design Standards a. Genera/ The following standards shall apply to the entire Gladden Farms II Specific Plan. • All styles shall reflect the rural and agrarian heritage of Northwest Marana. These include Spanish Colonial, Mission, Spanish Eclectic, and Territorial. • Residential and educational facilities must be provided with insulation or otherwise designed to reduce the interior noise level to Ldn 45 or less. • Roofs shall be made of tile, slate or concrete shingles, metal, or other material indigenous to the style of architecture. • Single-family detached land use designations and higher density residential land use designations shall be separated by a collector street, open space (including the open space paseo system), or a 40- foot landscaped buffer. IV -14 Development Regulations b. Layout • Every neighborhood within the Specific Plan shall be accessible from an open space paseo that is integrated into the neighborhood design. • All utilities shall be placed underground with the exception of high voltage electric. • Primary entrances to apartment buildings shall be located so they are easily identifiable from interior driveways and parking areas. • Buildings shall be sited to maximize views through the site to parks, plazas, open spaces, mountains, etc. • Front setbacks shall vary up to 5 feet on attached units to create variation in building form. • Lots within the HDR designation shall be a mixture of sizes. C. Design -Single -Family Detached • Exterior design theme and detailing shall be extended a minimum of 8 -feet on the sides of houses. • Two-story houses must have at least two distinct masses visible from the street. • The minimum street frontage shall be 30 feet for all single-family detached residential lots. d. Design -Single -Family Attached and Multi -Family • Facades of long buildings shall be architecturally subdivided into shorter segments. This can be accomplished through vertical architectural features, varying the setback of portions of the building along the main facade, and change in color or material in appropriate places. These features should be placed a minimum of every 25 feet to a maximum of every 50 feet. • There shall be no more than 6 attached townhomes in one grouping. • Outdoor spaces such as balconies, patios, or porches are required for multi -family and single-family attached units. • Architectural detailing shall be provided on all side and rear windows. • Visitor parking shall be provided at a ratio of one space per dwelling unit, unless the Planning Director determines otherwise. e. Garages • Garages shall be a minimum of 400 square feet with an interior dimension of 20 feet by 20 feet. This applies to the standard two car garage. It does not apply to additional garage space. • For attached units, 1 -car garages are acceptable with the approval of the Planning Director at the time of preliminary plat submittal. IV -15 Development Regulations 2. Design Review Committee Enforced Residential Design Standards a. General • All Town Enforced standards will also be reviewed by the DRC for compliance. • A particular style should not dominate the entire project area, but rather, a cultivated theme should result in integrating building designs and project areas, each with their own character. • The architectural character of each planning area should be visually perceived from the street. • All structures and community features shall be coordinated in architectural materials, details, and quality. • Ducts, pipes, gutters, downspouts, and similar equipment are to be painted to match the surface of the building or may be painted a complementary accent color. • To the extent possible, buildings shall be designed and oriented to take advantage of solar access. b. Layout • Variations in architectural style, building setbacks and street layout shall be incorporated into each neighborhood design. • There shall be a diversity of lot sizes and dimensions. C. Design -Single -Family Detached • Chimneys shall be rock, stone, brick or of a finish material (such as stucco) identical to the accompanying structure and shall include a chimney cap. • All parking structures/decks, either free-standing or attached, shall incorporate the same design elements as the accompanying structure or dwelling. • Consistent architectural detail and features shall be provided on side and rear elevations. • Windows shall be varied and relate to the selected architectural style. • The use of front porches is encouraged. d. Design -Single -Family Attached and Multi -Family • Multi -family and single-family attached buildings shall use compatible architectural characteristics as adjacent development to blend in and avoid a monotonous exterior. • The scale of multi -family buildings should be compatible with surrounding residential neighborhoods. A large box -like apartment complex shall be avoided. • A variety of heights, colors, setbacks, and step -backs are encouraged. • Four-sided architecture shall be required. IV -16 Development Regulations e. Garages • Reduce the prominence of the garage by locating it off the public street for attached units. • Garage doors must be painted a complementary accent color to the main building. f. Roof • Roof design shall be visually integrated into the overall building architecture. • Flat roofs shall include proportionately sized parapet features. • Attached housing units shall maintain separate identifiable roof forms. I Town Enforced Commercial Design Standards a. Layout • Entrances shall be located along arterial and collector roads. • All loading and service areas shall be placed on the side or rear of the building and shall have an appropriately sized screen wall. They shall not be visible from the front or adjacent properties. • Trash areas shall be centrally located and properly screened with walls and solid doors similar in design to the project architecture. • Single-family detached units and commercial shall be separated by a collector street, open space (including the open space paseo system), or a 40 -foot landscaped buffer. b. Design • Define building entrances through the use of building recesses, projections, colonnades, space frames or other appropriate architectural features. • Ducts, pipes, gutters, downspouts, and similar equipment are to be painted to match the surface of the building or may be painted a complementary accent color. • Primary building entries shall be positioned so they are immediately identifiable from the interior driveways and parking areas. C. Roofs • Roofs shall be made of tile, slate or concrete shingles, wood shingles, or metal. • All roof screens shall be continuous. d. Exterior Finish Materials • Permitted exterior finish materials include masonry (concrete, glass, or brick), wood, textured or exposed aggregate, stone or stone veneer. IV -17 Development Regulations • The use of pre -fab, all -metal steel is prohibited. Finished metal details within architecturally designed structures may be used. e. Storage • Materials, supplies, and equipment shall be stored inside a building or behind a screen wall such that they are not visible from streets and adjacent properties. f. Off -Street Loading and Service Areas • Conceal all service areas and storage areas within the building, or screen those exterior areas with solid masonry or stucco stud walls. g. Mechanical Equipment • Exterior components of plumbing, processing, heating, cooling, and ventilation systems shall not be visible to an individual standing on the ground or ground -floor elevation from an adjacent property. • Screen roof- and ground -mounted equipment from all sides. Mechanical equipment must be covered by continuous grills or louvers. • Exterior junction receptacles for electrical or irrigation purposes shall be landscaped to screen from view in accordance with Tucson Electric Power standards. • Exterior receptacles shall be painted to match the main building or a complementary color to the main building. h. Refuse Containers • Trash areas shall be retained in central locations. These locations shall be completely enclosed by a screen wall with solid doors constructed of materials and colors that are architecturally compatible to the main structure(s). 4. Design Review Committee Enforced Commercial Design Standards All Town Enforced standards will also be reviewed by the DRC for compliance. a. Layout • Create plazas, courtyard spaces, and pedestrian walkways through coordinated placement and orientation of buildings. • Buildings should be sited to maximize views through the site to parks, plazas, open spaces, mountains, etc. • Commercial areas shall be pedestrian friendly and include pedestrian spaces with amenities such as furniture. The furniture should be located in a convenient space that does not obstruct entrances, exits, or paths. • Buildings will be designed to minimize the visual impact of parking lots. IV -18 Development Regulations b. Design • Commercial buildings shall be encouraged to use a variety of surfaces, textures, shapes, multi -planed roofs, and wall articulation. • Design building mass and fenestration in proper proportion and scale with the site, adjacent streets, and developments. • Architectural styles shall follow the agricultural theme of the Specific Plan and must be approved by the DRC. • Long, unarticulated building facades should be avoided through the use of window panels, reveals, recesses, projections and other decorative elements such as molding and arches. • Building entries may be illuminated with soffit, bollard, step or other comparable lighting. C. Exterior Finish Materials • Windows should be of lightly reflective glass, tinted bronze, blue, or green glass or transparent glass. • Reflective glass may be used to limit transfer of heat while maximizing available sunlight for interior illumination. • Building materials and landscaping shall be consistent with adjacent, non- residential buildings to create an overall sense of unity in design. 5. Streets The streets within Gladden Farms II are designed to create a safe and effective circulation system_ The arterial and collector roads will have multi -use lanes and sidewalks to promote alternative modes of transportation and connectivity to the multi -use trail system. Appropriate traffic -calming techniques, designed per the Town's standards and approved by the Town, may be included in the design. All streets will conform to Town of Marana Street Standards, including curbing and pedestrian/bicycle accommodation. a. Arterial Roads Tangerine Road and Moore Road are arterial roads with 250 -foot future rights-of-way. Both will be 4 -lane divided roads with multi -use lanes and landscaped buffers on both sides. There will a 100 -foot buffer with an 8 - foot -wide meandering multi -use trail, and the opposite side will feature a 20 -foot landscape buffer with a sidewalk. Gladden Farms I has already built the 100 -foot buffer along the south side of Moore Road adjacent to their property. Gladden Farms II will continue this with the same quality design and integrity. Clark Farms will be constructed by the Master Developer from Moore Road to the point where it reaches the eastern property boundary. • IV -19 Development Regulations From this point south, the cost of building the road will be shared between Gladden II and the developer of the adjacent property to the east in accordance with the conditions the Town has imposed on the adjacent property. It will have a 150 -foot right-of-way to accommodate 4 lanes of traffic. b. Collector Roads Mike Etter Boulevard and Midfield Road will have 90 -foot rights-of-way that accommodate 2 travel lanes of traffic, multi -use lanes, and sidewalks on both sides. C. Local Roads Local roads will be constructed in accordance with Town requirements. 6. Open Space Open space within a community contributes to quality of life by offering recreational opportunities and providing a buffer between varying land use intensities. Gladden Farms II will create a vital open space amenity through the use of paseos designed to connect all areas of the community. Access to the paseos from backyard gates is prohibited. Rather, access will be provided from public areas and streets. The paseo system will be under the control of the homeowners' association. a. Multi -Use Trail A multi -use trail will be provided throughout the paseo system. It will provide critical linkage opportunities for pedestrian and bicycle users for the entire project area. Multi -use trails shall be a minimum of 12 -feet wide with 2 -foot shoulders and constructed of asphalt or concrete. The trails shall be landscaped according to the landscape standards outlined in this plan. b. Common Areas Common areas will be located throughout the entire site in the form of multi -use paseos and neighborhood pocket parks to be used by all residents within Gladden Farms I and II communities. All common areas will be under control of the homeowners association. C. Drainage Within each paseo, a partially grass -lined drainage facility will likely be developed. The grass edge is to be smooth and sweeping but not following the actual edge of the drainage improvement. The improvements shall have smooth, curving edges -not engineered straight lines. The slope of the sides of the channel shall vary and, in most cases, shall not be steeper than 3:1. If the drainage channels utilize rip -rap, adequate space for trees to grow shall be provided within the channels. IV -20 Development Regulations d. Irrigation Non -potable water will be provided by the CMID and will be available for landscaped open areas, including the buffer and streetscape areas along arterial and collector roads. Until non -potable water supply is available, potable water maybe used. e. Outdoor Furniture Street furniture may include trash receptacles, benches, bus shelters, planters, bicycle racks, bollards, and information displays 7. Landscaping a. General • All trees will be required to meet the Arizona Nurseryman's Association standards as to caliper. • The Builder shall be responsible for tree installation and the prompt replacement of diseased or dead specimens for a period of one year from the date of occupancy permit issuance. • Streetscapes shall be maintained year-round by the homeowners association. Deceased plants shall be replaced promptly with materials comparable in size to existing plants. • Installation of street trees, including automatic irrigation, should be completed prior to the issuance of occupancy permit for the residence. The Master Developer may require the installation of trees in vacant lots for the purpose of logical, orderly development. • Tree selection shall conform to the approved tree list in Appendix B: Plant Palette. b. Residential • The trees are to be 15 -gallon minimum as well as 24 -inch box size. • On corner lots, multiple trees within the 5 -foot easement or the 5 -foot common area, depending on the plat, are required. • In addition to the street trees, each front yard is required to have an additional tree and six shrubs informally planted or ground cover. • Minimum shrub size shall be one gallon. C. Commercial • In commercial areas there shall be one tree per every four parking stalls. • A minimum of 30% of the trees are to be 24 -inch box size; the balance shall be a minimum of 15 gallon size. • No trees or shrubs shall be planted within 10 feet of any commercial entry driveway. ®� IV -21 Development Regulations • Service areas shall have a 6 -foot minimum dense landscape screen and a 5 -foot minimum buffer wall. • Prior to the preparation of a final landscape plan, a I a n d s ca p e architect must review impacts on underground utilities. • Adjoining parcels for future phase development will have the required streetscape fully implemented when the first phase of development occurs. • Off-street parking areas shall include a minimum 3 -foot screen wall adjacent to parking stalls to screen the parked cars from the public right-of-way. d. Street • Street trees should establish a distinctive street scene along arterials and collectors. • Street trees are required on all internal residential streets. • Street trees shall be a minimum of 24 -inch box or 20 -gallon size. • Trees to be located at 40 feet on the center, plus or minus. • Trees shall be planted in accordance with the approved residential design standards. • Trees must be provided at a minimum of one tree per lot; however, spacing may vary within individual neighborhoods. e. Open Space • The paseos and buffers should be planted with drought -resistant plants. Green drought -tolerant plant material is preferred and cactus should be minimized. • Trees are to be a minimum of 15 -gallon size with 25% being 24 -inch box or 20 -gallon size. • Shrubs are to be a minimum of 5 -gallon size. • Groundcover is to be a minimum of 1 -gallon size. • Orchard areas shall contain a minimum of 20 trees. • The paseo planting design shall be compatible with streetscape and adjacent development improvements. • Turf areas are allowed in the paseos. f. Irrigation Irrigation for all landscaping, including streetscapes, buffers, and open space will utilize a non -potable water system provided by CMID. Until the supply is in place, potable water may be used. IV -22 Development Regulations 8. Monumentation a. Project Entry Project entry monuments for Gladden Farms II will be constructed by the Master Developer. There will be two types of entry monuments, Major and Minor. The Major monuments will announce the primary entrance to the development along Tangerine Road at Clark Farms Boulevard. The Minor monuments will announce the secondary entries at Tangerine Road and Midfield RoadLMoore Road and Mike Etter Boulevard and at the point where Clark Farms Blvd. enters the Specific Plan on the north boundary of the project. For traffic visibility purposes, no structure between 30 and 72 inches in height relative to the adjacent roadways shall be placed within an intersection's sight visibility triangles b. Residential Parcels Each entry into a subdivision will be unique in character but will have common elements that tie into the overall Gladden Farms II community theme. Each subdivision shall have a minimum of one primary entry feature and may have more than one secondary or tertiary entry features. Entry features shall comply with the Town of Marana sight visibility triangle requirements. The residential entry monuments shall be approved by the DRC and built by the Builder. C. Commercial Parcels Commercial developments may have their own entry monumentation, but must have common elements that tie into the overall community theme. Village perimeter walls that are developed along arterial or collector edge shall be compatible with entry monumentation by incorporating similar materials. 9. Signs Signs are an essential element within a planned community because they provide a sense of identity and visual orientation. They provide visual communication for residents and visitors while reflecting an image of connectivity throughout the community. Signs should be designed with the character of development and should be at a consistent scale and style throughout the community. These sign guidelines and regulations shall apply to all developments within this Specific Plan area. It is intended that the uniform application of these provisions provide the basis for an integrated visual character and continuity through all project phases. These sign standards are in addition to those issued by the Town of Marana. IV -23 Development Regulations a. General Regulations The following sign regulations are intended to provide equitable standards for the protection of property values, visual aesthetics and the public health, safety, and general welfare for the residents of Gladden Farms 11. These regulations apply to all signs: • All light sources, either internal or external, provided to illuminate signs shall be placed or directed away from public streets, highways, sidewalks or adjacent premises to not cause glare or reflection that may constitute a traffic hazard or nuisance. • Any sign located on vacant or unoccupied property that was erected for a business which no longer exists or any sign which pertains to a time, event or purpose which no longer exists shall be removed within45 days after the use has been abandoned. • All signs shall be designed free of bracing, angle -iron, guy wires, cables or similar devices. • The exposed backs of all signs visible to the public shall be suitably covered, finished, and properly maintained. • All signs shall be maintained in good repair including display surfaces, which shall be kept neatly painted or posted. • Any sign which does not conform to the provisions contained herein shall be made to conform or shall be removed. • The height of all signs shall be measured vertically from the highest point of the sign to the average finished grade beneath the sign, exclusive of any part of the sign not included in the area calculations. • All sign lighting shall adhere to the Town of Marana Outdoor Lighting Code. • All traffic -related signs (including street name signs) shall conform to the latest edition of the Manual on Uniform Traffic Control Devices. b. Prohibited Signs The following signs shall be prohibited in all zones within the project area: • Inflatable signs. • Rooftop signs. • Signs on trailers or painted on the sides of disabled or parked vehicles. • Rotating, revolving, or flashing signs. • Signs advertising or displaying any unlawful act, business or purpose. • Any sign, notice or advertisement affixed to any street right-of-way, public sidewalk, crosswalk, curb, lamp post, hydrant, tree, telephone pole, lighting system, or upon any fixture of the fire or police alarm system of the Town of Marana. IV -24 Development Regulations • Any strings or pennants, banners or streamers, clusters of flags, strings of twirlers or propellers, flares, sky dancers, balloons and similar attention -getting devices, including noise -emitting devices, with the exception of the following: o Pennants, banners, balloons, or flags used for special events such as grand openings or in conjunction with subdivision sales offices, tract entry points, and other similar events. o National, state, local governmental, institutional or corporate flags properly displayed. o Holiday decoration, in season, used for an aggregate period of 90 days in any one calendar year. C. Design Standards Sign standards that establish maximum number and location will be included in the design standards manual created for this project to be submitted to the Town at a later date. These standards will provide a basis for the developer and the jurisdiction to design, pattern, and regulate a consistent sign program. 10. Walls and Fencing The following standards apply to all walls and fencing throughout the project. More extensive standards will be submitted prior to the development process. • All screen walls shall use graffiti resistant paint or materials. • Two -rail white vinyl fencing may be used in conjunction with certain landscape treatments including orchard areas and other formal tree plantings. Other fence types must be approved by the DRC. • Fences of sheet or corrugated iron, steel, aluminum, asbestos, or any type of chain-link fencing are specifically prohibited. • Walls constructed at major community entry points and along community streets shall be consistent with the project's theme area in materials and design. • Alternative walls and fences within the project area shall be consistent with the architectural theme of the planned area, reflecting materials and design of the architectural theme and must be approved by the DRC. • The Master Developer shall determine where walls and fencing may be placed in Gladden Farms II, with the idea to eliminate walls and fencing as appropriate. • Walls and fences throughout the project area must be consistent with the architectural theme of the project. 'too IV-25 V. Implementation and Administration Implementation and Administration A. Purpose This section of the Specific Plan outlines the implementation of development on the project site. It identifies the responsible parry to ensure the project is built in coordination with infrastructure improvements, providing a continuity of design. This section also provides guidance regarding general administration of and amendment procedures to the Specific Plan. B. Proposed Changes to Zoning Ordinance The Development Regulations section of the Specific Plan addresses only those areas that differ from the Town of Marana Land Development Code. If an issue, condition, or situation arises that is not covered or provided for in this Specific Plan, those regulations in the Town of Marana Land Development Code that are applicable for the most similar issue, condition or situation shall be used by the Planning Director as the guidelines to resolve the unclear issue, condition or situation. C. General Implementation Responsibilities The implementation of the Gladden Farms 11 Specific Plan is the responsibility of the Master Developer, the Builder, the Gladden Farms Community Association (which will have separate committees to review the design features) and the Town of Marana. The Gladden Farms II development will be integrated with the Gladden Farms Community Association to the west. The purpose of having one large community association is to ensure that residents of both developments will have rights to all the amenity areas in both projects and provide consistency in fee structure. The Master Developer, referenced herein as Gladden Phase II, LLC, is the entity responsible for providing the basic infrastructure needs including roads, sewer, and water in a timely and efficient manner. The Master Developer forms the community association and the design review committees and is responsible for recording the Master CC&R's. The Builder is the purchaser of a development area(s), or portions of a development area, and is responsible for building within their area(s) of ownership. The Gladden Farms Community Association (Association) has been set up by the Master Developer. During this time, the Master Developer, or its designee, has the power to appoint and remove board members until such time that the Master Developer relinquishes control or all planning areas have been conveyed to non -builder owners. The Association shall administer the property, prepare the budget, assign and collect fees, and review architectural design. V-1 Implementation and Administration The Town of Marana Development Services will be responsible for ensuring all policies and standards laid out in this Specific Plan are adhered to during its review of all development in Gladden Farms 11. The Town of Marana Mayor and Council approved the formation of a Community Facilities District within Gladden Farms II in 2006. The purpose of this district is to assist with the construction and implementation of major infrastructure. D. Development Review Procedure All development plans and subdivision plats within Gladden Farms II shall be subject to and implemented through the review and approval process adopted by the Town of Marana. In addition, all development is subject to the building permit process as outlined by the Town of Marana. Prior to submitting preliminary and final subdivision plats and/or development plans to the Town, applicants must submit all plans to the Master Developer for approval. The Master Developer and the Association reserve the right to review any design or architectural aspect of the development that affects the exterior appearance of any structure or area of land. This includes the review of signage, landscaping, entry features, street standards, and architecture for conformance to the Development Regulations and Design Guidelines outlined in this Specific Plan. E. Design Review Process The Gladden Farms Community Association has created the New Construction Review Committee and the Modification Committee to review development within the two project areas. The New Construction Review Committee shall review submittals from builders for all original construction prior to submitting plans for Town Review. The Modification Committee shall review submittals from subsequent property owners making changes to existing construction or changes/additions to exterior landscape and/or hardscape. All development is subject to review by the Association and the appropriate committee. The applicable plans and documents, as deemed necessary by the Association shall be submitted along with a Design Review Application (Appendix D) and the required design fees as follows: New construction - $600 per floor plan Modification to existing improvements — No fee with the following exception: The Association reserves the right to require plan review by an outside consultant, in which case the applicant will be responsible for fees charged by the outside consultant. Design Revie w applications may be submitted to: I tz g V-2 Implementation and Administration Gladden Farms Community Association Attn: Kristina Allen, Community Manager c/o CCMC 3005 West Ina Road Tucson, Arizona, 85642 F. Phasing The development will likely consist of four phases, beginning in the southwest corner. The initial site work will begin in 2018. Infrastructure such as roads, sewer, water and grading will be constructed and extended in accordance to the build out of the project. Construction of the houses is estimated to begin the following year. The spine infrastructure needed to serve the blocks will be in place by the time the certificates of occupancy are issued for said blocks. Phase I may include Blocks 26, 30, 35, 39, 40 and 41. Phase II may include Blocks 31 and 36. Blocks 27, 32, 37, 42 and 43 may be included in Phase III. The final phase, Phase IV, may include Blocks 28, 29, 33, 34, and 38. The purpose of the phasing plan is to relate infrastructure requirements to proposed development. Although the sequence is implied, development of phases may occur in a different order or concurrently, at the discretion of the Master Developer, as long as the related infrastructure is adequately in place. Change in the phasing order can occur due to unforeseen factors affecting development. Flexibility is needed within the Specific Plan to address these changing needs while still maintaining a timely development. G. Specific Plan Administration 1. Enforcement The Gladden Farms II Specific Plan shall be administered and enforced by the Town of Marana Development Services Department in accordance with the provisions of the Specific Plan and the applicable provisions of the Town of Marana Land Development Code. 2. Administrative Change Certain changes to the explicit provisions in the Specific Plan may be made administratively by the Town of Marana Planning Director, provided said changes are not in conflict with the overall intent as expressed in the Gladden Farms II Specific Plan. Any changes must conform to the goals and objectives of the Plan. The Planning Director's decision regarding administrative changes and determination of substantial change as outlined below shall be subject to appeal by the Town Council. Categories of administrative change include, but I tz I[" V-3 F!:GfNF'aU.YKii i:L?L?1'AK1' Implementation and Administration are not limited to: • The addition of new information to the Specific Plan maps or text that does not change the effect of any regulations or guidelines, as interpreted by the Planning Director; • Changes to the community infrastructure planning and alignment such as roads, drainage, water, and sewer systems that do not increase the development capacity in the Specific Plan area; • Changes to development plan boundaries due to platting. Minor adjustments to development plan areas, drainage areas and other technical refinements to the Specific Plan due to adjustments in final road alignments will not require an amendment to the Specific Plan but will require staff approval; or • Changes to development regulations that are in the interest of the community and do not affect health or safety issues. 3. Substantial Change This Specific Plan may be substantially amended by the same procedure as it was adopted. Each request shall include all sections or portions of the Gladden Farms II Specific Plan that are affected by the change. The Planning Director shall determine if the amendment would result in a substantial change in plan regulations, as defined in the Town of Marana Land Development Code. 4. Interpretation The Planning Director shall be responsible for interpreting the provisions of this Specific Plan. Appeals to the Planning Director's interpretation may be made to the Board of Adjustment within 15 days from the date of the interpretation. If any provision of the Design Standards is considered ambiguous or unclear, the Planning Director shall be responsible for interpreting the intent of the Design Standards. 5. Fees Fees will be assessed as indicated by the Town's adopted fee schedule that is in place at the time of development. V-4 groj=6 Appendix A: Legal Description Blocks 26 through 43, inclusive, of Gladden Farms Blocks 26-43, a subdivision according to the Plat recorded in Book 62 of Maps and Plats at Page 64, official records of Pima County, Arizona. N The South 292.00 feet of the North 322.00 feet of the East 357.00 feet of the Northeast Quarter of the Northeast Quarter of Section 34, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona. Gladden Farms II A-1 Specific Plan endix B: Plant Palette Tree Palette Acacia berlandieri Fern Acacia Acacia salicina Willow Acacia Acacia smallii Sweet Acacia Aeiut�,4e�h3�lla NOT ALLOWED ALLOWED Celtis reticulata Western Hackberry Cercidium floridum Blue Palo Verde Cercidium praecox Palo Brea Chilopsis linearis `Lois Adams' Desert Willow Cupressus arizonica Arizona Cypress Eucalyptus microtheca Coolibah Tree Eucalyptus polyanthemos Silver Dollar Gum Fraxinus velutina Arizona Ash Juglans major Walnut Pinus eldarica Afghan Pine Prosopis chilensis Chilean Mesquite Prosopis glandulosa Honey Mesquite Prosopis hybrid Thornless Mesquite Prosopis velutina Velvet Mesquite Quercus buckleyi Redrock Oak Quercus polymorpha Monterey Oak Quercus virginiana Southern Live Oak Gladden Farms II B-1 Specific Plan Shrub Palette Shrubs listed below may be used in all areas. ORNAMENTAL GRASSES Carex buchananii Festuca glauca Liriope muscari Muhlenbergia capillaris 'Regal Mist' Muhlenbergia spp. Nolina microcarpa Pennisetum setaceum 'Rubrum' Stipa tenuissima SHRUBS Anicanthus quadrifidus wrighti Acacia berlanderi Calliandra eriophylla Cordia boissieri Dalea bicolor Dalea frutescens Dalea pulchra Dodonea viscosa Ericameria laricifolia Ilex vomitoria Leucophyllum spp. Lysiloma thornberi Myrtus communis Nandina domestics Nerium oleander'Petite Pink' Nerium oleander'SisterAgnes' Punica granatum Punica granatum 'Nana' Rosmarinus officinalis "Prostratus" Simmonsia chinensis GROUND COVERS Asp NOT ALLOWED Calylophus dummondii Dalea capitata Dalea greggii Lantana spp. Oenothera stubbei Rosmarinus officinalis "Prostratus" Verbna tenusecta Gladden Farms II Specific Plan Appendix B: Plant Palette Leather Leaf Sedge Blue Fescue Lilyturf Regal Mist Deer Grass Deer Grass Bear Grass Purple Fountain Grass Mexican Feather Grass Mexican Flame bush Fern Acacia Pink Fairy Duster Texas Olive Silver Dalea Black Indigo Indigo Bush Green Hopseed Bush Turpentine Bush Youpon Texas Ranger/Rain Sage Feather Tree Myrtle Heavenly Bamboo Petite Pink Oleander Sister Agnes Oleander Pomegranate Dwarf Pomegranate Trailing Rosemary Jojoba reeway AGasia NOT ALLOWED Calylophus Golden Dalea Trailing Indigo Bush Lantana Chihuahuan Primrose Trailing Rosemary Sand Verbena B-2 ACCENTS Agave geminiflora Chrysactinia mexicana Dasyilirion acrotriche Dasylirion longissimum Dasylirion wheeleri Dietes bicolor Gaura lindheimeri Hermerocallis hybrids Hesperaloe parviflora Hymenoxys acaulis Viguiera stenoloba Yucca baccata Yucca elata Yucca recurvifolia Yucca rigida Gladden Farms II Specific Plan Appendix B: Plant Palette Twin Flowered Agave Damiantia Green Desert Spoon Toothless Desert Spoon Desert Spoon Fortnight Lily Gaura Day Lily Red Yucca Angelita Daisy Golden Eye Banana Yucca Soap Tree Weeping Yucca Blue Yucca &3 Appendix C TIONALLY LEFT BLANK Gladden Farms II C-1 Specific Plan Appendix D: Design Review Application GLADDEN FARMS COMMUNITY ASSOCIATION DESIGN REVIEW APPLICATION - NEW CONSTRUCTION COMMITTEE Send completed Gladden Farms Community Association application to: C/o CCMC 333 E. Wetmore Road, Suite 250 Tucson, AZ 85705-1758 Date: Builder: Parcel: A. General Mailing Address: City/State/zip: Building Plan Architect: Phone: Landscape Architect: Phone: B. Building Data Plan Number: Livable Square Footage: Max. Height: Plan Number: Livable Square Footage: Max. Height: Plan Number: Livable Square Footage: Max. Height: Plan Number: Livable Square Footage: Max. Height: C. Application Checklist The following information must be included with your application package: _1. Design Review Fee: $600.00 per floor plan, payable to Gladden Farms Community Association. _2. Three (3) full size sets of certified architectural plans, complete with floor and elevation plans and mechanical & electrical plans. _3. Three (3) half-size sets of certified architectural plans complete with floor and elevation plans. _4. Three (3) sets of typical front yard landscape plan alternatives to be offered to homebuyers. _5. Exterior Color Schemes, including paint and roof tile samples and light reflectivity value information: Brand of Paint: Roof Tile Supplier: _6. Building Construction Type (frame, masonry, etc.): 7. Stucco Pattern: _8. Patios: Indicate type of materials to be used: _9. Type of color and finish of: Entry door Windows _10. Exterior lighting: Picture must be provided. All exterior lighting must be shielded in design so that the light source is not visible. _11. Location of HVAC equipment must be shown an all floor plans. Ground -mounted units must be concealed by a solid enclosure on all sides visible to a neighboring property. _12. Type of finish to be used on driveways and walkways: _13. Fencing: A typical fence layout must be provided: Size of block: Color: _14. Entry features, landscape or hardscape paving features to add interest, and common area landscape plans. _15. Model layout plan, including lot designation, footprint of home, landscaping, fencing, parking lot layout and material used, and plan to convert to typical planting scheme. _16. Entry way permanent and temporary marketing signs (see exhibit T-1 a) Gladden Farms II D-1 Specific Plan Appendix D: Design Review Application Gladden Farms Community Association Design Review Application—New Construction Committee Page 2 B. Additional Notes APPLICANT ACKNOWLEDGMENT.- The CKNOWLEDGMENT: The submittal of this application in noway constitutes approval of the proposed plan. Written notification of the committee's decision will be supplied to the Applicant as soon as possible after submission of all requested information. Such approval shall not constitute an approval, ratification or endorsement of the quality or architectural or engineering soundness of the proposed improvements and neither the Committee nor the Association shall have any liability for any defects in the plans, specification or improvements. Construction must not begin until the Committee has reviewed and approved the plans in writing. As Applicant, I have read and understand the Design Guidelines and applicable CC&Rs concerning design and construction in Gladden Farms. As Applicant, I acknowledge that the persons reviewing the plans and specifications will change with time and that the opinions on aesthetic matters, as well as interpretation and application of the guidelines, may vary accordingly. In addition, I acknowledge that it may not always be possible to identify objectionable features ofproposed improvements until the improvements have been completed, in which case it may be unreasonable to require changes to the improvements involved. However, the Committee may refuse to approve similar proposals in the future. I agree to pay any costs incurred by the Association if I fail to meet the standards established by the Committee and the Board of Directors. Submitted by: Signature Email address: Fax Number Proposed start date of construction: Company Address: Print Name Cell Date Gladden Farms 11 D-2 Specific Plan Appendix D: Design Review Application GLADDEN FARMS COMMUNITY ASSOCIATION IXSIGN RI VII W API'LICATION MODIFICATIONS COMM14'W Send completed Gladden Farms Community Association application to: C/o CCMC 333 E. Wetmore Road, Suite 250 Tucson, AZ 85705-1158 Date: Bulkier: Parcel: A. General Mailing Address: City/Statelzip: Building Plan Architect: Phone: Landscape Architect: Phone: B. Building Data Plan Number: Livable Square Footage: Max. Height: C. Application Checklist The folkyMng information must be included with your application package. Checked items are mandatory for all applications. 1. Design Review fee is not due, but may be requested if professional review is deemed advisable. 2. Three (3) full sets of architectural plans. �3, Exterior Color Schemes, including paint and/or roof tile samples Brand of Paint: Roof Tile Supplier: 4. Building Construction Type (frame, masonry, etc.): 5. Stucco Pattern: �6. Patios. Indicate type of materials to be used. 7, Type of color and finish of: Entry door -Windows- - indows_____ 8. Exterior lighting: Picture must be provided. All exterior lighting must be shielded in design so that the light source is not visible. 9. Dation of mechanical equipment must be shown an all floor plans. Ground -mounted equipment must be concealed by a sold enclosure on all sides visible to a neighboring property- -1 O. Type ropedy_10.Type of finish to be used on driveways and walkways: 11 Fencing: A typical fence layout must be provided: Size of block: Color: 121andscape plan 13.Playset or Shed �14. Window Tinting (attach sample) Gladden Farms 11 D-3 Specific Plan Appendix D: Design Review Application Gladden Farms Community Association Design Review Application— Modifications Committee Page 2 A. Additional Not" APPLICANT ACKNOWLEDGMENT. The submitral of this application r`n no wsr}. co►rstittttes approrYrl of the Imaptx ed plan. 1iFrittarn not�catian of t!u committees decision will be supplied to the Applicant as soon as possible after submission of all requested information. Such approval shall not constitute an approval, ralfflcation or endorsement qf'the qualitt, or architectural or engineering soundness of the proposed improventenis and neither the Committee nor the Asweiation shall hall, tory liabilit),jor a»), d#fioris in the plans, sperijkafitn; or inrlJroventents Consn-in-fion must rKj,t begin until the Committee has reriewed and alyrowvd The plans ;n writing. As Applicant, / ho%v read and understand the Design Guidelines and applicable CCARs concerning design and construction in Gladden Earms. As Applicant, / acknowledge that the persons reviewing the plans and specifications irill change with time orad that the opinions on aesthetic matters, as tied as interpretation anti application of the gWdehne.t mat, %wry occordinglr. In addition. I acknowledge that it n"not abrat-s be possible to idenlif y vbjeclioyiablefiealures of'prolvsed improvements imid tire improremems have been completed in which case it may be unreasonable to require changes to the intproventents involved However. the Committee may refuse to approve similar proposals in the future, I agree to jay any cavis incurred by the Association if I fail to movi the standards established by the Committee and the Board of Directors. ThcContiniuce maydbut is not required to) pcifiorm a view analysis, ce>rxmurric�le with neighboring prolrerttariners, or charge a,%e when professional assistaacC is needed Submitted by: Signature Email address: Fax Number Proposed start date of construction: Print Name Date Cell Gladden Farms 11 D-4 Specific Plan Appendix E: Definitions Automobile Service Stations: Including gas stations and quick lube shops but not including auto repair, body and fender work, painting facilities or mechanical or steamrack washracks. Guest Home: Living quarters, without a kitchen, for guests, relatives, or servants on the premises in an accessory building or attached to the principal residence. Home Occupation: As defined by the Town of Marana Land Development Code. Lot Coverage: The area of a site occupied by structures. Multi -Family: As defined by the Town of Marana Land Development Code. Personal Services: Personal services include, but are not limited to, barber shops; beauty salons and day spas; clothes pressing and tailoring; massage therapy studios; exercise facilities including personal training and yoga studios; and shoe repair. Retail: Sale of tangible personal property for any purpose other than retail. Wholesale: Sale of tangible personal property for resale by a licensed retailer, for consumption by an ultimate purchaser. Gladden Farms II E-1 00 Specific Plan Appendix F: Development Agreement F. ANN RODRIGM, RECORDER DOCKET: 12758 RECORDED 8Y: K_S vvy, PAGE: 2247 DEPUTY RECORDER NO. OF PAGES: 2 20060470593 1966 PE3 C SEQUENCE: SMARA �� : 03/10/2006 TOWN OF MARANA _ RES 14:48 &TTN: TOWN CLERK 11555 W CIVIC CENTER DR MAIL MARANA A2 85653 AMOUNT PAID $ 8.00 MARANA RESOLUTION NO. 2006-38 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH FC/M GLADDEN II, L.L.C., REGARDING THE GLADDEN FARMS II DEVELOPMENT PROJECT. WHEREAS FC/M GLADDEN H, L.L.C. has presented the Gladden Farms II Specific Plan to the Town Council for consideration, governing the proposed Gladden Farms II development project; and WHEREAS FC/M GLADDEN II, L.L.0 and the Town desire to enter into a development agreement to further clarify the obligations of the parties relative to the development of the Gladden Farms II development project; and WHEREAS, the Mayor and Council find that the terms and conditions of the Gladden Farms H Development Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the development agreement between the Town of Marana and FC/M Gladden 11, L.L.C, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of March, 2006. s OF y SQL Mayor Ed 1 ones ATTEST: �IE!lllllAPPROV AS TO FORM: 1 O'clyn C. onson,l'own Clerk r k Ca s' y, own Attorne IWWl833 DOCy Gladden Farms 11 Specific Plan FJClcds 2/28/06 J F-1 ON Appendix F: Development Agreement Exhibit A to Marana Resolution No. 2006-38, entitled GLADDEN FARMS 11 DEVELOPMENT AGREEMENT, by and between the Town of Marana and FC/M GLADDEN 11, L.L.C., was recorded separately on March 10, 2006, at Docket fa751 Page Ja Yq in the Office of the Pima County Recorder. Gladden Farms II F-2 Specific Playa Appendix F: Development Agreement 1. ANN RODRIGUSZ, RECORDER DOCKET: 12758 RECORDED BY: X 3'yam ty PAGE: 2249 DEPUTY RECORDER dF NO at NO. OF PAGES: 23 1966 PE3 q� SEQUENCE: 20060470594 SMARA 03/10/2006 TOWN OF MARANA AG 14:48 D ATTN. TOWN CLEM 11555 N CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID S 17.00 GLADDEN FARMS II DEVELOPMENT AGREEMEN'r TOWN OF MARANA, ARIZONA THIS Drvt opmENT AGREEMENT ("this Agreement") is made by and between the TowN OF MARANA, an Arizona municipal corporation (the "Town"), and FC/M GLADDEN II, L.L.G., an Arizona limited liability company (the "Developer"). The Town and the Developer are collectively referred to in this Agreement as the "Parties," each of which is sometimes individually referred to as a "Party." RECITALS General Background A. The Developer owns approximately 633.28 acres of land located in the Town limits, as depicted on the map attached as Exhibit "A" and legally described on Exhibit `B" (the "Property"). B. The Developer proposes to develop the Property as Gladden Farms 11 ("Gladden ll'). C. The Developer and the Town desire that Gladden II be developed in a manner consistent with the development regulations that now apply to the Property, as amplified and supplemented by this Agreement. D. The Town and the Developer acknowledge that the development of the Property pursuant to this Agreement will result in planning and economic benefits to the'fown and its residents. E. The Developer has made and by this Agreement will continue to make a substantial commitment of resources for public and private improvements on the Property. F. The Parties understand and acknowledge that this Agreement is a "Development Agreement" within the meaning of, and entered into pursuant to the terms of, A.R.S. § 9-500.05. Land Use Background G. The following are among the development regulations that now apply to the Property (collectively, the "Development Regulations'): i) The Town's written rules, regulations, procedures, and other policies relating to the development of land, whether adopted by the Mayor and Council or by Town Staff (collectively the "Manana Development Code"). ii) The future development of the Property shall be subject to the Gladden Farms Il Specific Plan as adopted by the Town on March 7, 2006, as amended from time to time (the "Specific Plan"). H. The Property consists of all land included in the Specific Plan except for the approximately 2.39 acre parcel located at the southwest corner of Moore and Postvale Roads. 1. This Agreement is consistent with the portions of the Town's General Plan applicable to the Property. 1DOD0I636.DOC / 8) GLADDEN FARMS Il DcVELOPMmNTAGRPX-,,MEh7 4- 3/t/2006 4:18 PM FIC Exhibit A to Mnam Resolution ,'D06 -3R Gladden Farms II Specific Plan WK 0 1 z.2 F-3 Appendix F: Development Agreement Transportation Infrastructure Background J. Tangerine Road west of I-10 (referred to in this Agreement as "Tangerine Farms Road") is currently anticipated to be realigned and extended by the Town to improve the geometry of the freeway interchange and to serve as a major arterial roadway for northwest Marana. K The right-of-way for Tangerine Farms Road immediately west of Gladden II, through the development project referred to in this Agreement as "Gladden 1" and depicted in the subdivision plat entitled "Gladden Farms" recorded in the Pima County Recorder's office at Book 55 of Maps and Plats Page 60, has been dedicated to the Town. L. Tangerine Farms Road from Moore Road on the west through Gladden land Gladden II and extending to its intersection with I-10 is currently anticipated to be constructed by a municipal improvement district or other special district to be established by the Town for that purpose. M. The Town believes that unless and until Tangerine Farms Road is constructed and open to the public, enabling vehicular access from Gladden I and Gladden 11 via a realigned Tangerine Farms Road that does not feed onto the frontage road and instead leads directly to the 1-10 interchange, the transportation infrastructure in the vicinity of Gladden 11 may not be sufficient to accommodate intensive development of the Property. Water Background N. The provisions of this Agreement relating to water service are entered into and authorized by Title 14 of the Marana Town Code as it may be amended from time to time (the "Marana Municipal Water Code"). o. The Developer desires for the Town to provide water service to Gladden lI. P. To secure water service from the Town for Gladden II, the Developer proposes to install those certain water infrastructure improvements referred to in this Agreement as the "Developer - Installed Water Facility." Q. The Developer desires that the Town take ownership of, operate, and service the Developer -Installed Water Facility R. The Town is willing to accept the Developer -Installed Water Facility and permit it to be connected to the Town water system provided it meets Town standards and the work is done in accordance with Town requirements. S. Water and sewer infrastructure is currently anticipated to be connected through Gladden II as needed to serve the "Commercial Property" as defined in the Tangerine Commerce Park Right -of -Way Exchange and Development Agreement recorded hi the Pima County Recorder's 2 office at Docket 12706, Page 1578. This Commercial Property is referred to in this Agreement as 75 the "Tangerine Commerce Park Commercial Property," and the owner obligated by that 8 agreement to pay for the water and sewer upgrades to serve the Tangerine Commerce Park Commercial Property is referred to in this Agreement as the "Tangerine Commerce Park Commercial Property Owner." 0 Development Impact Fees Background T. The Town has adopted certain development impact fees for roads, public parks, gravity water storage, renewable water resources and water system infrastructure, pursuant to A.R.S. § 9-463.05. IM1636.DOC I S1 GLADDEN FARMS 11 DL;VELOPMENT AGREEMENT -2- 311!2006 4:18 PM F1C MAO&O't& Gladden Farms 11 F-4 Specific Plan Appendix F: Development Agreement U. The Developer will be entitled to credit pursuant to A.R.S. § 9-463.05(B)(3) toward the payment of the Town's adopted development impact fees based on the required dedication of lands and improvements for public parks, arterial roadways, water gravity storage and renewable water resources and water system capacity infrastructure provided or to be provided by the Developer in connection with the development of Gladden 11. V. The Parties desire to address development impact fee credits applicable to Gladden Il, based on currently anticipated developer -financed infrastructure. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Agreement, the Parties hereby agree as follows: Article 1. Development. I.1. Development review. The Property shall be developed in a manner consistent %yith 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 Property. Provided that the Developer is not in default in any obligations of the Development Regulations or this Agreement, and further provided that the construction of Tangerine Faints Road is substantially complete in accordance with paragraph 1.3 below. upon the Developer's compliance with the applicable development review and approval procedures and substantive requirements of the Development Regulations, the Town agrees to issue such permits or approvals for Gladden II as may be requested by the Developer. 1.2. Total residential units. The total number of residential units of all types in Gladden Il shall not exceed 2,539. 1.3. No building permits until completion of Tangerine Farms Road Improvements. The Developer shall not submit to the Town applications for any commercial or residential building permits on the Property until the following infrastructure improvements are substantially complete, open to the public and dedicated to the Town: 1.3.1. The Final four -lane divided Tangerine Farms Road from the east boundary of Gladden I to the east boundary of Gladden 11, either by a district pursuant to Article 2 and Article 3 or by the Developer pursuant to Article 4,.avd-. `�. i 1.4. Zoning and plat conditions. The Developer agrees to fulfill all conditions outlined in the Ir Development Regulations. I.S. Migration easement and noise attenuation. Developer shall record an avigation casement and shall provide noise attenuation as part of the design and construction of homes in Gladden 11 so that a maximum interior noise level of 45 decibels is achieved within each home. 1.6. Determination of no hazard to air navigation. Developer shall submit an FAA 7460 form to the Federal Aviation Administration and receive a "Determination of No Hazard to Air Navigation" from the Federal Aviation Administration before any construction or alteration of greater height than an imaginary surface extending outward and upward at a 100 to 1 slope for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of the Airport. ,OM 1636.DOC I S} GLADDEN FAILMS 11 DEVELOPMLWr AGREFML'NT -3- 311/2006 4:18 PM FJC Gladden Farms II F-5 Specific Plan Appendix F: Development Agreement 1.7. Archaeologicat/historic resources. Development of the Property shall meet all Town requirements set forth in Title 2 and Title 20 of the Marana Development Code related to Archeological and Historic Resources. 1.8. Site built construction and building lXrmits. All construction on any portion of the Property, whether sold in bulk or individually, whether subdivided or not, shall be site built and shall require building permits. 1.4. Compliance with residential desigp standards. All residential construction on any portion of the Property shall be constructed in accordance with the then current residential design standards as adopted by the Town of Marana, and any construction for which building permits have not yet been applied for as of the effective date of the residential design standards shall comply with those residential design standards. Article 2. Bond -Funded Public Infrastructure Improvements 2.1. Applicability. The provisions of Article 2 and Article 3 shall only apply and become effective if the Town establishes not later than December 31, 2007 a municipal improvement district or other special district for the purpose of financing and constructing the Tangerine Farms Road Improvements. 2.2. Tangerine Farms Road improvements. The Town shall construct and thereafter maintain approximately 3.8 miles of Tangerine Farms Road as a four -lane divided roadway from the Tangerine Roadf1-10 interchange and extending westward to Moore Road, with curbs and gutters, median breaks and turn lanes for proposed major street intersections, street lights, a multi -use pathway, a 16" potable water main, a 8" non -potable water main, landscaping, and other associated public improvements (collectively the "Tangerine Farms Road Improvements"). Article 3. Participation in Tangerine Farms Road Improvements Cost 3.1. Definitions. The following definitions shall apply to this Article: 3.1.1. The "Allocated Assessment" is (C F) x T, where C is the Gladden 11 Property Frontage, F is the Total Frontage, and T is the Total Improvement Cost. The "Allocated Assessment" for Gladden I1 may be some other amount established and agreed upon in writing by and among the Parties. 3.1.2. "Frontage" is distance in linear feet measured from the centerline of the right-of- way for the Tangerine Farms Road Improvements. 3.13. The "Gladden II Property Frontage" is the frontage of Gladden 11 along the Tangerine Farms Road Improvements. 3.1.4. "Individual Parcel Improvement Costs" arc costs that predominately benefit an individual parcel, such as traffic signals, conduit for future traffic signals, water and sewer improvements to the extent necessary to serve an individual parcel and that do not benefit all 8 of the land fronting on the Tangerine Farms Road Improvements, the proposed park Q underpass within Gladden i and undergrounding of Cortaro Marana Irrigation District 2 facilities for purposes other than road crossings. 3.1.5. The "Total Improvement Cost" is the construction cost of the Tangerine Farms Road Improvements together with all related engineering, legal, financial and incidental costs. The Total Improvement Cost shall not include individual Parcel Improvement Costs. (00001e36.00cr81 GCADDCN FARMS 11 DM IAPMENT AGREEMENT -4- 3/1/2006 4:18 PM FJC m'O%j*& Gladden Farms II F-6 Specific Plan Appendix F: Development Agreement 3.1.6. The "Total Frontage" is the total combined frontage of all privately owned land on both sides of the Tangerine Farms Road Improvements. 3.2. Assessment allocation. The Developer shall pay the Allocated Assessment and the Individual Parcel Improvement Costs attributable to Gladden 11 not later than the cash collection period (see A.R.S. § 48-590(B)) or, if not so paid, they will be assessed against Gladden 11 as set forth in paragraph 3.3 below. 3.3. Bonds. If the Allocated Assessment and the Individual Parcel Improvement Costs attributable to Gladden Il are not paid during the cash collection period (see A.R.S. § 48-590(B)), the Town shall sell municipal bonds with a term of at least 15 years for purposes of amortizing the Total Improvement Cost over the term of the bond and for funding or reimbursing the Total Improvement Cost. Thereafter Gladden 11 shall be assessed the principal and interest on the Allocated Assessment and the Individual Parcel Improvement Costs attributable to Gladden 11 as required for repayment of the bonds. 3.4. Assessment reallocation. Upon division or subdivision of Gladden 11, the Town shall reallocate the assessment among the parcels in direct proportion to the benefit received by each parcel. 3.5. Consent to assessment. The Developer hereby agrees to execute a standard improvement district waiver agreement prepared by the Town's bond counsel, in which the Developer (among other things) (i) consents to a levy of assessment for the Allocated Assessment; (ii) waives any and all objections to formation of an assessment district to implement the terms of this Agreement; and (iii) agrees to take all steps necessary to levy and confirm assessments against Gladden 11. Article 4. Developer Funding of Infrastructure if District is Not Formed 4.1. Applicability. The provisions of this Article shall only apply and become effective if the Town fails to establish a municipal improvement district or other special district for the purpose of financing and constructing the Tangerine Farms Road Improvements not later than December 31, 2007, as provided in Article 2 and Article 3. 4.2. Developer -Constructed Tangerine Farts Road Improvements. The Developer shall construct and thereafter dedicate to the 'l'oi'n at no cost Tangerine Farms Road as a four -lane divided roadway within the Tangerine Farms right-of-way dedicated pursuant to paragraph 6.1 below, with curbs and gutters, median breaks and turn lanes for proposed major street intersections, street lights, a multi -use pathway, a 16" potable water main, a 8" non -potable water mann, landscaping, and other associated public improvements, and including connection and transition to the existing paved two-lane Tangerine Road immediately east of the Property 1 (collectively the "Developer -Constructed Tangerine Farms Road Improvements"). 4.3. CFD financing. Nothing in this Article shall preclude funding of the Developer - Constructed Tangerine Farms Road Improvements with a CFD formed pursuant to Article 6. Article 5. Water 5.1. Conversion of irrigation water rights. Within sixty days after the effective date of this Agreement or sixty days after the Property ceases to be used for farming, whichever occurs last, the Developer shall file all necessary documentation to the Arizona Department of Water Resources (ADWR) to convert all irrigation water rights for the Property to Type I non -irrigation water rights. 1000M636MOC t 8) GLADO N FARms 1I MvELopmrwT ACRESM1--Xr 5- 3/1/22006 4;18 PM FJC M0%.O*& Gladden Farms II F-7 Specific Plan Appendix F: Development Agreement 5.2. Transfer of water rights to the Tow„ p. Within sixty days after approval of any final plat for Gladden II, the Developer shall file all necessary documentation to transfer to the Town, in a manner prescribed by ADWR, all water rights on lands dedicated to the Town by that final plat. On lands not dedicated to the Town, the Developer shall transfer extinguishment credits to the Town, in a manner prescribed by ADWR, upon request by the Town. 5.3. Water service. The Town shall provide a designation of assured water supply, will provide actual water service to the Property, and will provide a "will serve letter" for the property at Developer's request. 5.4. Non -potable system. In compliance with the Northwest Marana Area Plan, the Developer shall develop and construct a secondary non -potable irrigation system, dedicated to the Town, to distribute non -potable water throughout the Property consistent with the Town's non -potable water system policy as it exists at the time the water improvements are constructed. 5.5. Cortaro-Marana Irrigation District ("CMID"). The Developer will work with CMID to enter into a formal agreement concerning the construction and maintenance of necessary irrigation systems and well sites to perpetuate the ability for CMID to have their users irrigate as necessary as well as the under -grounding of CMID canals at the Developers Cost. 5.6. General provisions relating to water scr%jce. 5.6.1.velo car installation of the Developer -Installed Water Facility, The Developer shall at its own expense design and install the water infrastructure improvements required to serve Gladden Il, and such additional and oversized water infrastructure improvements the Town reasonably determines necessary, funded by the Town or other parties, as shown on water plans prepared by Developer and approved by the Town (the "Facility Plan"). The water infrastructure improvements depicted on the Facility Plan are referred to in this Agreement as the "Developer -Installed Water Facility," and shall conform to the design standards of the City of Tucson Water Department and the Marana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part of this Agreement. The Facility Plan shall include a plan note identifying the Developer - Installed Water Facility as a new water facility and shall show any and all alterations to the existing water system. Construction and installation of the Developer -Installed Water Facility in accordance with the Facility Plan, including without limitation all labor, materials, equipment, supplies, and tools required for the construction and installation, is referred to in this Agreement as the "Water Work." 5.6.2. Water Work by licensed contractor. The Water Work shall be performed by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors. In addition to any other contractor's license classifications required by the 2 Arizona Registrar of Contractors, the contractor shall hold contractor's license classifications 57 A, A-12 and A-16. 8 5.6.3. payment of connection fees. Before any service connections are made from the Town's water system to the Developer -Installed Water Facility, the Developer shall pay to the Town the connection fees and any other fees required by the Marana Municipal Water Code. 5.6.4. Anticipated cost per meter. The total charge for each %" x %" water meter to be installed on the Property is currently anticipated to be S2,367 per meter, which includes a $500 connection charge (Town Code § 14.7.2(B)}, a $400 installation charge (Town Code tUM 1636.DOC! 8) GLAWLN FARMS 11 DEvrLopuENT AGREEMENT -6- 3/1/2006 4:18 PM FJC lffiftkovak Gladden Farms II F-8 Specific Plan Appendix F: Development Agreement § 14.7.2(B)), and the $1,467 gravity storage and renewable resource development impact fee (Manana Ordinance No. 2005.25), but does not include the $864 water system infrastructure development impact fee (Manana Ordinance No. 2005.25). The applicable development impact fees are further addressed in Article 8. The amounts set forth in this paragraph do not include the $75 security deposit (Town Code § 14.7.2(B)), which will be owed by each individual home purchaser upon establishment of service. 5.6.5. Develoger_Installed Water Facility acceptance by Town. No service connections shall be made from the Town's water system to the Developer -Installed Water Facility until the Developer -installed Water Facility has been accepted by the Town in accordance with the Marana Municipal Water Code. 5.6.6. Frontage requirement ,Any property connecting onto a water main shall have a minimum of fifteen feet of frontage on that main. A water easement or other utility easement shall not constitute frontage for purposes of this paragraph. 5.6.7. Meter application requirements. A meter application will be accepted only if the property to be served fronts the waterline. Only one water meter application will be allowed per legal description unless the Developer can provide the Town with plans indicating the type of improvement or development taking place on the land that justifies more than one meter. If any portion of the property served by the water meter is sold, the owner of the portion of land that fronts the water main shall have all rights associated with the water meter unless other arrangements are made with and approved by the Town of Marana Water Utility prior to the sale. 5.6.8. veloper's certification. By execution of this Agreement, Developer certifies that it shall comply with the Facility Plan and all other specifications applicable to the Water Work and agrees with and approves the location of all service Tunes as depicted on the Facility Plan. 5.6.9. Termination for lack of Water Work. Approval of the Facility Plan shall lapse if more than one year has passed since the date of the Facility Plan's approval and the Water Work has not begun, or if the Water Work is discontinued for a period of one year. 5.7. Engineering and inMg9ion of Water Work. 5.7.1. Registered civil engineer. The Developer shall employ a registered civil engineer to design, lay out, establish control lines for and certify the layout of the Water Work according to the Facility Plan. 5.7.2. Town inspector's authority. Any inspector authorized by the Town shall have full inspection authority over the Water Work. 5.7.3. Inspection provisions. The Developer shall furnish the Town's inspector with all facilities reasonably necessary to inspect the Water Work. The Water Work shall be subject to Town inspection at all times. Defective Water Work shall be corrected in a manner satisfactory to the Town's inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Developer or any contractor. 5.7.4. Payment of Town inspector's overtime cost. If scheduling by -Developer's contractor reasonably requires the Town's inspector to work overtime, the Developer or Developer's contractor shall pay the Town for any additional salaries, expenses or employee lIMM016361WlC GLADDEN FARMS 11 DEVE(ot'mhwrAGREEMENT -7- 3/1/2006 4:18 PM FIC Gladden Farms II F-9 Specific Plan Appendix F: Development Agreement benefits relating to the overtime. For purposes of this paragraph, overtime is any time over 40 hours worked in a seven-day work period, any time over eight hours worked Monday through Friday, and any time worked on weekends and legal holidays observed by the Town. 5.8. Preeonstruction procedure for Water Work. 5.8.1. Request to begin construction. The Developer shall submit a written request to begin construction to the Town five working days before the Water Work is to commence. 5.8.2. Construgtion permit. A construction permit for the Water Work shall not be issued prior to the effective date of this Agreement. 5.8.3. Start and completion of the Water Work. No portion of the Water Work shall begin until the Town has issued a construction permit specifying the starting date and a reasonable time for completion. 5.8.4. Progress of the Water Work. The Water Work shall be commenced and carried on at such points and in such order as may be directed by the Town. 5.8.5. Materials sampling and testing. Materials shall be available for sampling and testing by the Town prior to being used in the Water Work. Materials that fail to meet Town specification shall be removed from the site. 5.8.6. Permits and approvals. The Developer shall, at Developer's expense, obtain all necessary permits and licenses for the Water Work, pay all fees and comply with all taws, ordinances and regulations relating to the Water Work. 5.9. Construction of Water Work. 5.9.1. Develomr's presence on site. The Developer, or Developer's designated agent, shall be present at all times during performance of the Water Work. The name of the Developer's designated agent and the contractor performing the Water Work shall be furnished to the Town before the Water Work begins. Instructions given by the Town to the designated agent shall be deemed to have been given to the Developer. 5.9.2. Competence and diligence. The Developer shall employ only competent and efficient laborers, mechanics or artisans on the Water Work, and the Developer agrees to perform the Water Work diligently to complete the 'Water Work on or before the completion date given in the notice to proceed. 5-9.3—Paying. The Developer shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 5.9.4. Alterations to the existing Town water system. The Developer shall, at Developer's expense, make any and all alterations to the existing water system either on-site or off-site necessitated by paving, drainage, or other improvements caused by the development of the Property. 5.9.5. Worksite safety. The Developer shall require all contractors and subcontractors 0 performing any portion of the Water Work to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Arizona. The Developer or its contractors shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. '00W 1636.DOC / R} GLADDEN FARMS tl DFivEI.UPMENTAGREEMF.Nr -8- 31112006 4:18 PM FJC Gladden Farms 11 F-10 00 Specific Plan Appendix F: Development Agreement 5.10. Dedication of the Develo er-Installed Water Facility. 5.10.1. Transfer of the Developer -Installed Water Facility to the Town. Upon the Town's final acceptance of the Water Work, the Developer shall at no cost grant, bargain, sell, convey, transfer and deliver to the Town the Developer -Installed Water Facility free and clear of all liens, claims, charges or encumbrances. 5.10.2. Two-year warranty. The Developer guarantees the Water Work to be free from all failures due to poor workmanship or materials for a period of two years from the date of the Town's final acceptance of the Water Work. 5.10.3.Other conflicting constrgction prohibited. The Developer shall not construct or allow the construction of any utility, building, or other improvement that would interfere with the operation or maintenance of the Developer -Installed Water Facility. 5.10.4. Developer's obligation to maintain finished grade. The Developer guarantees that all service lines, meters, and meter boxes on the Property will be to finished grade and that Developer will remain responsible for raising or lowering said services as required until the Property is fully developed. 5.10.5. Acceptance by the Town. The Town shall accept title to and take possession of the Developer -Installed Water Facility when the Water Work has been completed to the satisfaction of the Town. Subject to the Developer's continuing obligations under this Agreement, the Town shall operate and service the Developer -Installed Water Facility after taking over possession of it under this paragraph. Article 6. Other Public Facilities and Infrastructure Requirements. 6.1. Road right-of-way dedications. The Developer shall dedicate to the Town the following rights-of-way as shown on the right-of-way plans prepared by the Town's consulting engineer most recently prior to the applicable dedication. The Developer may make these dedications subject to and reserving to the Developer any rights needed for purposes of obtaining possible future reimbursement from community facilities district financing for the Developer's contribution of right-of-way or public infrastructure. 6.1.1. Not later than sixty days after the effective date of this Agreement, the right-of- way for Tangerine Farms Road. If construction of a Tangerine Fans Road through this right-of-way results in a need to realign this right-of-way, the Town and the Developer shall cooperate to adjust the right-of-way boundaries provided that the total amount of land within the Tangerine Farms Road right-of-way dedicated by the Developer shall remain substantially the same. 6.1.2. With the recording of the final block plat for Gladden II or within 60 days of demand by the Town, the right-of-way for Moore Road. 5 6.1.3. With the recording of the final block plat for Gladden II or within 60 days of demand by the Town, the right-of-way for Clark Farms Road. 6.2. Transportation improvements. The Developer shall fund the design and construction of all transportation improvements the Town reasonably determines necessary to serve Gladden II, and shall dedicate to the Town without cost any and all right-of-way necessary for these transportation improvements, including whhout limitation the following (using street names as set forth on Exhibit "C," attached): 100001636.13OC / S) GroomENFARMS11DEVELOPMENT AGREEMENT -9- 311.220064:18 PMF1C Gladden Farms II F-11 00 Specific Plan Appendix F: Development Agreement 6.2.1. Mike Etter Boulevard. The Developer shall provide a four -lane divided cross- section in a I I0 -foot right-of-way for the entire length of Mike Etter Boulevard. 6.2.2. Clark Farms Boufevad The Developer shall build Clark Farms Boulevard as a 150 -foot four -lane divided roadway through Gladden Il. 6.2.3. Traffic sigma. When deemed warranted by the Town (but in any event not later than final release of assurances for the final subdivision within Gladden II), the Developer shall pay the total estimated cost of the Town's design and construction of traffic signals at the following intersections: 6.2.3.1. Tangerine Fauns Road and Southfield Road. 6.2.3.2. Tangerine Fauns Road and Mike Etter Boulevard. 6.2.3.3. Moore Road and Mike Etter Boulevard, 6.2.3.4. Mike Etter Boulevard and Southfield Road. 6.2.3.5. Mike Etter Boulevard and Pacheco Farms Road. 6.2.3.6. Clark Farms Boulevard and Pacheco Farms Road. 6.2.4. Approach lanes. The Developer shall provide two lanes of approach in the following locations concurrently with the initial construction of the applicable roadway: 6.2.4.1. Southbound Southfield Road at Tangerine Fauns Boulevard. 6.2.4.2. Northbound Southfield Road at Mike Etter Boulevard. 6.2.4.3. Southbound Pacheco Farms Road at Mike Etter Boulevard. 6.2.4.4. Northbound Pacheco Farms Road at Clark Farms Boulevard and the southbound approach of the private driveway within Block 4 that aligns with Pacheco Farms Road at Clark Farms Boulevard. The north and southbound approaches shall consist of two lanes each, one of which shall be an exclusive left -tum lane and the other a through/right-turn lane. 6.2.5. Tum lanes. The Developer shall design and construct the following turn lanes concurrently with the initial construction of the applicable roadway: 6.2.5.1. A westbound left -tum lane and an eastbound right -turn lane on Moore Road at its intersection with Mike Etter Boulevard. 6.2.5.2. An eastbound right -turn lane and a westbound left -turn lane on Mike Etter Boulevard at its intersection with Southfield Road. 6.2.5.3. A westbound right -turn lane and an eastbound left -turn lane on Mike Etter Boulevard at its intersection with Pacheco Farms Road. 6.2.5.4. Right -turn and left -turn lanes on both approaches of Clark Farms Boulevard to its intersection with Pacheco Farms Road. 6.2.6. Sather traffic studies and revised transportation improvement. The Developer shall provide additional traffic studies during the platting and development plan process for Gladden Il. The Developer shall pay for and/or provide additional transportation improvements and dedications the Town reasonably requires based on the findings of those studies. The Town Engineer is authorized to waive, in waiting; any transportation t00001636.DOCIS) GLADDEN FARWs II DEVUOPMEriTAGREEMFN,r -10- 3/1/20064:18 PM FJC 0 1 WoOkOok Gladden Farms II F-12 Specific Plan Appendix F: Development Agreement improvement required by this Article if a traffic study approved by the Town indicates that Gladden II may be safely served without the waived transportation improvement. 6.3.Onsite Drivate recreational facilities. Private recreational facilities shall be constructed on a site of a size not smaller than required by the Marana Development Code. Site and facility design and phasing shall be approved by the Town Parks & Recreation Director and Planning Director. 6.4. Fire protection. Before a certificate of occupancy is issued for any dwelling unit on the Property, the Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having the Property annexed into the Northwest Fire District. 6.5. Contribution in lieu of school land dedication. ]'he Developer or its assignee shall contribute $1,200 per residential unit (the "School Fee") due and payable to the Marana Unified School District upon the issuance of the residential building permit. If the Town or the Marana Unified School District adopts an impact fee for schools in the future, the School Fee shall be credited against those future school impact fees. 6.6. Bank protection. In compliance with Town Ordinance No. 99.02, Developer shall pay $500.00 per acre of affected Property for bank protection. The total obligation of Developer for Gladden 11 is 5316,640 (S500 x 633.28 affected acres). Developer shall pay this obligation on a pro -rata basis for each block, calculated and established by the Town in connection with approval of the final block plat for Gladden II, before the Town approves for that block either a subdivision into individual residential subdivision lots or a commercial development plan. 6.7. Sewer oversizing to serve offsite pj nerty. Sewer service for the Tangerine Commerce Park Commercial Property is currently anticipated to occur by extending sewer lines proposed to be installed in Gladden II to the Tangerine Farms Rigbt-of-Way and in future Tangerine Farms Road, 6.7.1. Sewer extension and oversizing. Unless the Town first receives the notice described in subparagraph 6.7.2 below, when development proceeds in Gladden II, Developer shall install sewer lines of a size sufficient to serve the Tangerine Commerce Park Commercial Property to the future north right-of-way line of Tangerine Farms Road at the southern boundary of Gladden ll, provided that the Tangerine Commerce Park Commercial Property Owner pays in advance to the Developer all costs associated with providing sewer service to the extent necessary to serve the Tangerine Commerce Park Commercial Property, and specifically the following: 6.7.1.1. To the extent oversizing is required for the Tangerine Commerce Park Commercial Property, the incremental additional cost of oversizing Gladden II's sewer to serve the Tangerine Commerce Park Commercial Property, and 6.7.1.2. Any cost for the extension of the sewer beyond where it would be needed to serve residential development within Gladden Il, and 6.7.1.3. Any other sewer costs reasonably imposed by Pima County Wastewater Management to serve the Tangerine Commerce Park Commercial Property and that would not otherwise be incurred within Gladden II. 6.7.2. Alternative sewer service. If the sewer lines in Gladden II have not yet been oversized (see subparagraph 6.7.1 above) and the Tangerine Commerce Park Commercial 100001636.DOC 18) GLADaeN FARMS lI DEvFLoPMEVT AGRmMF,NT - i i - 31112006 4:18 PM FJC ffl%&ft Gladden Farms II F-13 Specific Plan Appendix F: Development Agreement Property Owner provides written notice to the Town that an alternate method for obtaining sewer service on the Tangerine Commerce Park Commercial Property has been secured, subparagraph 6.7.1 above shall not apply. 6.8. Compliance with state and federal laws and regulations._ No approval, permit or authorization of the Town authorizes the Developer to violate any applicable federal or state laws or regulations, or relieves the Developer from the responsibility to ensure compliance with all applicable federal and state Iaws and regulations, including but not limited to the Endangered Species Act and Clean Water Act. Article 7. Infrastructure Financing 7.1. Responsibility for firming infrastructure improvements. Upon request of the Developer, the Town staff shall process any request for a community facilities district {"CFD") pursuant to A.R.S. § 48-701, et seq. and the Town's Guidelines for Establishment of Community Facilities Districts, and the Town Council shall reasonably consider such request for a CED. Article S. Development Impact Fees and Credits 8.1. General provisions applicable to the determination of all development impact fees and credits. For purposes of determining the correct amount of any development impact fees and credits, the following general rules shall apply: 8.1.1. Calculation of credits based on total number of lots anticipated as of the time of paymen Development impact fee credits for development impact fees that are charged only to residential lots shall be determined by dividing the total value of applicable credits for Gladden II by the total then -anticipated number of lots in Gladden II, determined based on the actual number of lots shown on final subdivision plats for Gladden II and the Town's best estimate of the number of lots anticipated in blocks not yet subdivided into individual lots. 8.1.2. Actual construction and dedication as condition of credit. Credits shall be given against development impact fees only to the extent the Developer's construction and dedication or transfer of rights to the Town as anticipated in the calculation of the credit has been completed or is in progress to the reasonable satisfaction of the Town, 8.1.3. Future fee revisions. If the Town amends its development impact fees applicable to Gladden II, the fee per lot shall be the then -applicable fee minus the credit calculated for that particular fee. 8.1.4. future impact fees. If the Town adopts an impact fee not addressed in this Article 8 for the same infrastructure for which Developer has dedicated land or made improvements or paid a voluntary fee pursuant to this Agreement, Developer shall be entitled to a credit as set forth in A.R.S. § 9463.45, and the credit shall be calculated in a manner consistent with this Article 8. 8.1.5. Credits for other improvements not addressed in this Agreement. ement. Any credits for infrastructure construction and dedication by the Developer beyond what is addressed in this Agreement shall be determined in accordance with A.R.S. § 9463.05(B) as it may be amended from time to time. 8.2. Arterial roadway develMment impact fees and credits. 100041636_DOC1Rl GLADDEN FARms II DEVELOPMENT AGRGEMF.Nr' -12- 3,1/2006 4:19 PM FJC Gladden Farms II F-14 Specific Plan Appendix F: Development Agreement 8.2.1. Total value. Of the improvements addressed in this Agreement, the Developer shall be entitled to credits against the Town's arterial roadway development impact fees for the following: 8.2.1.1. Tangerine Farms Road. The full principal amount (not including interest) of the Developer's contributions to the Tangerine Farms Road Improvements Cost (see Article 3 above), including the value of the Tangerine Farms Road right-of-way as determined in the development impact fee study supporting the establishment of the arterial roadway development impact fee. 8.2.1.2. Clark Farms Boulevard. The value of road right-of-way conveyed to the Town and the actual construction costs for CIark Farms Boulevard (see paragraph 6.2.2 above). 8.2.2. Current fee. As of the date of this Agreement, the Town's arterial roadway development impact fee that would apply to Gladden 11 before the credit is $5,941 per lot. 8.3. Park development impact fees and credits. 8.3.1. Total value. The Developer does not currently anticipate providing any park lands or undertaking any park construction in connection with Gladden 11 that is addressed in the Town's park impact fee ordinance (Ordinance No. 2005.11). 8.3.2. Credit M lot. There is no credit against the Town's park development impact fee for Gladden It as a result of any of the improvements addressed in this Agreement. 8.3.3. Current fee As of the date of this Agreement, the Town's park development impact fee is $2,884 per lot. 8.4. Gravity storage and renewable resource development impact fees and credits. 8.4.1. Totid vejue. The Developer does not currently anticipate providing any gravity water storage or renewable water resources in connection with Gladden IL 8.4.2. Credit per lot. There is no credit against the Town's of gravity water storage and renewable water resources impact fee for Gladden U as a result of any of the improvements addressed in this Agreement. 8.4.3. Current fee, As of the date of this Agreement, the Tower's gravity storage and renewable resource development impact fee is $1,467 for each single family residential lot served by a %" x %" meter. 8.5. 'Water system infrastructure development impact fees and credit%. 8.5.1. Current fee. As of the date of this Agreement, the Town's water system infrastructure development impact fee is 5864 for each single family residential lot served by 5 a Y." x'/a" meter. 8 8.5.2.x. Developer is entitled to full credit against the Town's water system infrastructure impact fee as a result of providing the following water system infrastructure capacity improvements: 8.5.2.1. Two potable water wells, each capable of supplying peak daily demand; and 8.5.2.2. One reservoir providing 125% of average daily demand plus fire flow; and (offlo - ooc t a) Gc.xaor 4 FARMS 11 DEvri.oPmLmT AGREEMENT -13- 3/112006 4:18 PM FJC WJ*'0%' Gladden Farms II F-15 Specific Plan Appendix F: Development Agreement 8.5.2.3. Booster station capacity capable of serving peak daily demand plus fire flow or peak hour demand, whichever is greater. Article 9. Cooperation and Alternative Dispute Resolution. 9.1. Appointment of representatives. To further the commitment of the Parties to cooperate in the progress of the Development, the Town and the Developer each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Developer. The initial representative for the Town (the "Town Representative") shall be the Development Services Administrator, and the initial representative for the Developer shall be Dean Wingert or a replacement to be selected by the Developer. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties to this Agreement and the development of the Property. 9.2. Timine. The Town acknowledges the necessity for prompt review by the Town of all plans and other materials (the "Submitted Materials") submitted by the Developer to the Town hereunder or pursuant to any zoning procedure, permit procedure, or other governmental procedure pertaining to the development of the Property and agrees to use its best efforts to accomplish such prompt review of the Submitted Materials whenever possible. 9.3. Default: remedies. If either Party defaults (the "Defaulting Party") with respect to any of that Party's obligations under this Agreement, the other Party (the "Non -Defaulting Party") shall be entitled to give written notice in the manner prescribed in Article 11 to the Defaulting Party, which notice shall state the nature of the default claimed and make demand that such default be corrected. The Defaulting Party shalt then have (i) twenty days from the date of the notice within which to correct the default if it can reasonably be corrected by the payment of money, or (ii) thirty days from the date of the notice to cure the default if action other than the payment of money is reasonably required, or if the rton-monetary default cannot reasonably be cured within sixty days, then such longer period as may be reasonably required, provided and so long as the cure is promptly commenced within sixty days and thereafter diligently prosecuted to completion. if any default is not cured within the applicable time period set forth in this paragraph, then the Non -Defaulting Party shall be entitled to begin the mediation and arbitration proceedings set forth in paragraphs 9.4 and 9.5 below. 'fhc Parties agree that due to the size, nature and scope of the Development, and due to the fact that it may not be practical or possible to restore the Property to its condition prior to Developer's 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 enforcement of this Agreement. This paragraph shall not limit any other rights, remedies, or causes of action that either party may have at law or in equity. 9.4. Mediation, if there is a dispute under this Agreement which the Parties cannot resolve 7 between themselves, the Parties agree that there shall be a forty-five 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 o commercial mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by Developer 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 the Developer 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 years' experience in mediating or arbitrating disputes relating to real {M1636.WC 1 t} GI,AMX-N FAmis 11 DEVELOPMENT AGREEatENT -14- 31112M6 4:18 PM FIC CLON Gladden Farms II F-16 00 Specific Plan Appendix F: Development Agreement estate development. The cost of any such mediation shall be divided equally between the Town and the Developer. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbitration after the moratorium. 9.5. Arbitration. After mediation (paragraph 9.4 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 administered by the American Arbitration Association under its Commercial Arbitration Rules and in a manner consistent with 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. The Town and the Developer shall each appoint one impartial arbitrator, and the arbitrators shall appoint a third arbitrator to act as chairman pursuant to Section R-13 of the American Arbitration Association Commercial Arbitration Rules. Article 10. Protected Development Rights To ensure reasonable certainty, stability and fairness to the Developer and the Town for a reasonable period of time, the Developer and the Town agree that the zoning designations, uses, and densities that now apply to the Property, as amended by this Agreement, shall remain in effect and shall not be changed for a period of seven years after the first issuance of commercial or residential building permits on the Property (see paragraph 1.3 above) without the agreement of the Developer. Article 11. Notices and Filings. All notices, filings, consents, approvals and other communications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, if to (or to such other addresses as any Party may from time to time designate in writing and deliver in a Iike manner): To the Town: Town of Marana Town Manager 11555 W. Civic Center Drive Bldg A-3 Marana, Arizona 85653-7006 To the Developer. Dean Wingert FC/M Gladden 11, L.L.C. 333 E. Wetmore Suite #250 Tucson, Arizona 85705-1748 Article 12. General Terms and Conditions. 12.1. jerm. This Agreement shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Agreement (the "Effective Date'). The term of this Agreement shall begin on the Effective Date and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all purposes on the twentieth anniversary of the Effective Date. If the Parties determine that a longer period is necessary for any reason, the term of this Agreement may be extended by written agreement of the Parties. The Developer shall be entitled to 100001636MW I S) GLADDGN FARtims 11 DEVELOPMENT AGRE MiENT -15- 3/1/2006 4:18 PM FIC MAWIkO% Gladden Farms it F-17 Specific Plan Appendix F: Development Agreement terminate this Agreement if the Town materially impairs the development entitlements on the Property granted by this Agreement. 12.2. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by the Town or the Developer of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 12.3. Attorney's fees. If any Party brings a lawsuit against any other Party to enforce any of the terms, covenants or conditions of this Agreement, or by reason of any breach or default of this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attorneys' fees by the other Parry, in an amount determined by the court and not by the jury. Nothing in the use of the word "lawsuit" in the preceding sentence shall constitute a waiver of paragraph 9.5 above, requiring disputes to be resolved by binding arbitration. 12.4. Counterparts. This Agreement may be executed in two or more counterparts, each of which shalt be deemed an original, but all of which together shall constitute one and the same instrument The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 12.5. Headingl. The descriptive headings of this Agreement are intended to be used to assist in interpreting the meaning and construction of the provisions of this Agreement. 12.6. Recitals. The Recitals set forth at the beginning of this Agreement are hereby acknowledged and confirmed to be accurate. 12.7. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 12.8. Further acts. Each of the Parties shall execute and deliver all documents and perform all acts as reasonably necessary, from time to time, to carry out the matter contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Property by the Developer and its successors. 12.9. Time Essence. Time is of the essence for purposes of this Agreement. 12.10. Successors. All of the provisions of this Agreement shall inure to the benefit of and be binding upon the successors, assigns and legal representative of the Parties except as provided in paragraph 12.11 below. Unless and until the Town consents to an assignment of rights and obligations under this Agreement, the Town may enforce the Developer's obligations under this Agreement against the predecessor and successor in interest, the assignor and assignee, and the principal and legal representative. If there is a complete assignment of all rights and obligations of the Developer under this Agreement and the Town approves the assignment, the liability of the assigning party under this Agreement shall terminate effective upon the assumption of those liabilities by the assignee. The Town may not unreasonably withhold, delay or condition its approval of assignment under this paragraph. A transfer of all or any portion of Gladden II into a land trust with the Developer as beneficiary is not an assignment under this paragraph, and the Town hereby expressly consents to such a transfer into a land trust IM 1636.Doc t 8t GLADDEN FAMIS 11 DEVFa,OPMENT AGREE_\SENT -16- 3/1/2006 4;18 PM FJC Gladden Farms II F-18 Specific Plan Appendix F: Development Agreement 12.11. Termination upon sale to end purchaser or user. This Agreement shall terminate without the execution or recordation of any further document or instrument as to any lot which has been finally subdivided and individually (and not in "bulk") leased (for a period of longer than one year) or sold to the end purchaser or user and thereupon such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement. 1212. No partnership and third parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Developer and the Town. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, finn, organization or corporation shall have any right or cause of action under this Agreement, 12.13. Other instruments. Each Party shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably request or appropriate to evidence or give effect to the provisions of this Agreement. 12.14. Imp isition of duty by law. This Agreement does not relieve any Party of any obligation or responsibility imposed upon it by law. 12.15. Entire a2reement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. 12.16. Amendments to agreement No change or addition shall be made to this Agreement except by a written amendment executed by the Parties. The Parties agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals expressed in the Final Plat and Specific Plan as amended by this Agreement. Within ten days after any amendment to this Agreement, it shall be recorded in the office of the Pima County Recorder by and at the expense of the Party requesting the amendment. 12.17. Names and plans. The Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, ideas, designs, and work products of every nature at any time developed, formulated or prepared by or at the instance of the Developer in connection with the Property or any plans; provided, however, that in connection with any conveyance of portions of the infrastructure as provided in this Agreement such rights pertaining to the portions of the infrastructure so conveyed shall be assigned to the extent that such rights are assignable, to the appropriate governmental authority. 12.18. Good standing: authority. The Developer represents and warrants to the Town that it is 7 duly formed and validly existing under the laws of Arizona and is authorized to do business in 7 the state of Arizona. The Town represents and warrants to the Developer that it is an Arizona municipal corporation with authority to enter into this Agreement under applicable state laws. Each Party represents and warrants that the individual executing this Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. 5 12.19. Scvcrabilit . If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. If a law, or court order prohibits or excuses the Town from undertaking any contractual commitment to perform any act under this Agreement, this Agreement shall remain 100001636.DW/0} GL&DDEN FARMS 11 DEVELOPMENT AGREL'MENT -17- 3/112006 4;18 PM FJG tafti Gladden Farms 11 F-19 Specific Plan Appendix F: Development Agreement in full force and effect, but the provision requiring the act shall be deemed to permit the Town to act at its discretion, and if the Town fails to act, the Developer shall be entitled to terminate this Agreement. 12.20. Governing law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding sentence shall constitute a waiver of paragraph 9.5, requiring disputes to be resolved by binding arbitration. 12.21. Inte!pretation. This Agreement has been negotiated by the Town and the Developer, and no party shall be deemed to have drafted this Agreement for purposes of construing any portion of this AgreLmcnt for or against any party. 12.22. Recordation. The Town shall record this Agreement in its entirety in the office of the Pinna County Recorder no later than ten days after it has been executed by the Town and the Developer. 12.23. No developer representations. Except as specifically set forth in this Agreement, nothing contained in this Agreement shall be deemed to obligate the Town or the Developer to complete any part or all of the development of the Property. 12.24. Approval. If any Party is required pursuant to this Agreement to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld or delayed. 12.25. Force majeure. If any Party shall be unable to observe or perform any covenant or condition of this Agreement by reason of "force majeure," then the failure to observe or perform such covenant or condition shalt not constitute a default under this Agreement so long as such Party shall use its best effort to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. "Force majeure," as used in this paragraph, means any condition or event not reasonably within the control of such party, including without limitation, "acts of God," strikes, lock -outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock -outs and other disturbances of employer,'employce relations or to settle legal or administrative proceedings by acceding to the demands of the opposing Party or Parties, in either case when such course is in the judgment of and unfavorable to a Party shall not constitute failure to use its best efforts to remedy such a condition. 12.26. Conflict of interest. This Agreement is subject to A.R.S. § 38.511, which provides for cancellation of contracts in certain instances involving conflicts of interest. 14000I636.DOC 19; GLADDEN FAR649 a DEVELOPMENT AcRE6MENT -18- 3/1/2006 4:18 PM F]C tAw Gladden Farms II F-20 00 Specific Plan Appendix F: Development Agreement IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: TME TOWN OF MARANA, an Arizona municipal corporation /A �V/ By: Ed Honea, Mayor Date: ATTEST: relyn C. nson, Clerk S TO ORM: y, Town Attom 5S County of Pima ) OWNER: FGM GLADDEN 11, L.L.C., an Arizona limited liability company By: FOREST C1Ty LAND GROUP, INC., an Ohio corporation, its Manager By: Dean Wingert, Senior rce Preside Date: 3• D?• 06 The foregoing instrument was acknowledged before me on this —&—day ofT*bFsei f, 2006 by Dean Wingert, Senior Vice President of FOREST CITY LAND GROUP, INC., an Ohio corporation, Manager of FC/M GLADDEN II, L.L.C. an Arizona limited liability company, on behalf of the LLC. My commission expires: 12.15. Z" Notary Public KELLY PENUELA Public - Iuizo tIN PWAOOUNTYo fires' 15, 2009 (00M (63L.DOC I R1 GLAUntN FARMS II DEVELormcNT AGREEMENT -19- 3/1/2006 4:18 PM FJC i 5�t 8 7 Gladden Farms II F-21 Specific Plan MOORE MAD ■ Legend: Project awwary Adjacent Pafuels Gladden Farms If Specific Pian Appendix F: Development Agreement EXHIBIT "A7 tV% Gladden Farms 11 F-22 UIVI&F 00 Specific Plan Appendix F: Development Agreement Legal Description CNdar No.: 3104$ 77•Jx - D EXHIBIT "B" That part of Section 35, Township 11 South, Range 11 East, Gila and Salt Flivei Meridian, Pima Courtly, Arizona, lying South and West of the Souirmest right of way I ne of the relocated Tumn-Picacho Highway, f=ederal Interstate Project 94, as it existed o i May 15, 1950; EXCEPT THEREFROM the right of way for Moore Road, formerly Grler Road. over the North 30 feet thereof, as shown on the map recoraea in Book 2 of Road Maps, Pages 1 6 through 129; AND EXCEPT THEREFROM the following two well sites belonging to Cortaro Water Users' Association: Marana Well No. 13 That portion of the Southeast quarter of the Southeast quarter of Section 35, Township 11 South, Range' l I East, Gita and Salt River Meridian, Pima County, Ari2ona, V "cularly bounded and described as follows: BEGINNING at a paint which is 62.5 feet Northerly and 26 feet Westerly from the Southeast corner of said Section 35; THENCE Westerly 62.5 feet from and parallel to the South boundary line of said S ction 35, a distance of 26.8 feet to a point which intersects the Northeast right-of-way I no of the Cortaro Water Users' Lateral No. 6.112; THENCE in a Northwesterly direction along the said right-of-way line of Cortaro W tar Users' Lateral No. 6-1/2 a distance of 109.3 feet to a point; THENCE Easterly, 150 feet from and parallel to the South boundary lute of said S ction 35, a distance of 92.25 feet to a point; THENCE Southerly 26 test from and parallel to the East boundary line of said Section 35, a distance of 87.5 feet to the POINT OF BEGINNING; Marana Well No. 14 That portion of the. Southeast quarter of the Northeast quarter of Section 35, To nship 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, p ttictrlgrly pounded and described as follows: BEGINNING at a point which is 938.65 feet Westerly and 50 feet Northerly Iron i the East quarter corner of said Section; THENCE Westerly 50 feet from and parallel to the East and West center line of sa d Section 35, a distance of 135 feet to a point; THENCE Northerly 1073.65feet from and parallel io the East line of the said Southe2 st quarter of the Northeast quarter of Section 35, 100 feet to a point; Gladden Farms II Specific Plan LAW Gladden Farms II F-23 00 Specific Plan Appendix F: Development Agreement Legal Description Otder No.: 2100°977-,lK • D THENCE Ea--teriv 150 feel from and parallel to the East and tritest center line of said Section 2-5, 135 feet to a {mint; THENCE Southerly 938.65 feat from and-p2rEilel to the East line of the said Southeast quarter of tim Northeast quarter of Section 35, 100 feet to the POINT OF BEGINNING; AND EXCEPT THEREFROhlthe following portionconveyed to Cortaro Ma:ana Irrigation District in the Deed recorded in Docket 1968, Page 585: BEGINNING at a point on the North line of said Section 35, said point being South 89049'00" West, 591.06 feet from the Northeast comer of said Section 35; THENCE South 49037'00" East along the Southwesterly right of way line of Interstate 10, 357.77 feet: THENCE South 49°53'00" East, 419.03 feet to the East line of said Section 35; THENCE South 0° 15'00" East, 32.81 feet along said East line; THENCE South 49053'00" West, 448.44 feet; THENCE North 49037'00' West, 386.97 feet to the aforesaid North line of Section 35; THENCE North 89°49'00" East. 38.44 feet to the POINT OF BEGINNING; AND EXCEPT THEREFROM a strip of land 110 feat in width conveyed to the State of Ariozna, by, and through its State Highway Commission in the Deed recorded In Docket 2003, Page 408 described as follows: BEGINNING at the point of intersection of the existing Southwest right of way line of the existing Casa Grande -Tucson Highway with the East fine of Section 35, from whence the Northeast corner of said Section 35 bears Northerly 359.70 feet, THENCE North 49°53'00" West along said existing Southwest right of way line, a distance of 325.42 feet; THENCE North 49°37'00' West continuing along said existing Southwest right of way line, a distance of 229.27 feet, to a point on the North line of said Section; THENCE Westerly along said North section line, a distance of 169.15 feet; THENCE South 49037100" East 357.77 feet; THENCE South 49°53'00" East 419.03 feet to a point on the aforesaid East line of Section 8 35; THENCE Northerly along East section line, a distance of 144.38 feet, to the POINT OF BEGINNING; '} 0 AND EXCEPT THEREFROM the East 50 tee-, of the South 35 feet of the Southeast quarter of seed Section 35, conveyed to Pima County in the need recorded in Docket 6411, Page 1237, Gladden Farms it Specific Plan Gladden Farms 11 F-24 00 Specific Plan Appendix F: Development Agreement EXHIBIT C 25ff R.O.W. 9e_, s$r MOORS ROAD... y%iG�• ` �4�0 fur R.O.W. Legend: Project Boundary Adjacent Parcels si 254' R.O.W. THE PLANNING CENTER r"WWWAc-Amon 1 KAJ Gladden Farms II F-25 CM Specific Plan tel+' .i itff R.O.W. .�1 90' R.O.W. -^ i, Legend: Project Boundary Adjacent Parcels si 254' R.O.W. THE PLANNING CENTER r"WWWAc-Amon 1 KAJ Gladden Farms II F-25 CM Specific Plan Appendix F: Development Agreement I F. ANN RODRIGUEZ, RECORDER DOCKET- 12956 RECORDED BY: DG PAGE: 1633 �oi DEPUTY RECORDER "� NO. OF PAGES: 9999 PE1 � SEQUENCE: 6 20062450467 SMARA y 12/21/2006 TOWN OF MARANA VAAG 15:44 ATTNt TOWN CLERK 'iRrLO1y4` 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID J FIRST AMENDMENT TO THE GLADDEN FARMS Il DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA Tins FIRST AMENDMENT TO THE GLADDEN FARMS 11 DEVELOPMENT AGREEMENT (this "Amendment") is made by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and FC/M GLADDEN Il, L.L.C., an Arizona limited liability company (the "Developer"). The Town and the Developer are collectively referred to in this Amendment as the "Parties," each of which is sometimes individually referred to as a "Parry." RECITALS A. The Developer owns the development project commonly known and referred to in this Amendment as "the Property," which is the land that is the subject of the document entitled "DEVELOPMENT AGREEMENT BETWEEN TOWN OF MARANA, ARIZONA, AND FC/M GLADDEN H, L.L.C." recorded in the Pima County Recorder's office at Docket 12758, Page 2249 (the "Original Agreement"). B. The Parties desire to amend the Original Agreement to address issues and changed circumstances that have come to light since the effective date of the Original Agreement and to resolve additional issues and concerns relating to the development of the Property. C. The Developer and the Town desire that the Property be developed in a manner consistent with the development regulations that now apply to it, as amplified and supplemented by the Original Agreement and this Amendment. D. The Town and the Developer acknowledge that the development of the Property pursuant. to this Amendment will result in planning and economic benefits to the Town and its residents. E. The Developer has made and by this Amendment will continue to make a substantial commitment of resources for public and private improvements in the Property. F. The Parties understand and acknowledge that this Amendment is a "Development Agreement" within the meaning of, and entered into pursuant to the terms of, A.R.S. § 9-500.05. G. This Amendment is consistent with the portions of the Town's General Plan applicable to the Property. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Amendment, the Parties hereby agree as follows: 11p Article 1. Revisions to Original Agreement Recitals 3 1.1. Paragraph G(ii) of the Original Agreement is amended to read as follows: "The future 3 development of the Property shall be subject to the Gladden Farms II Specific Plan as adopted by the Town on March 7, 2006 and the Gladden Fame 11 Amended Specific Plan as adopted by the Town on December 19, 2006." ------- -- -- ;0000is7s.00 r3; 1_ lLI1f20Do 2:24 PM F1C age 1 of 6 0312312611 4:12 PM Gladden Farms 11 F-26 Specific Plan Appendix F: Development Agreement 1.2. Paragraph L of die Original Agreement is amended to read as follows: "Tangerine Farms Road from Moore Road on the west through Gladden l and Gladden 11 and extending to its intersection with I-10 is currently anticipated to be constructed by a municipal improvement district established by the Town for that purpose." Article 2. Substantive Revisions to the Original Agreement 2.1. Paragraph 1.2 of the Original Agreement is amended to reflect that the number of units shall not exceed 2,345. 2.2. Paragraph 2.1 of the Original Agreement is deleted. 2.3. Paragraph 3.1 of the Original Agreement is deleted. 2.4. Paragraph 3.2 through 3.4 of the Original Agreement are amended to read as follows: 3.2 Assessment allocation. The Tangerine Fauns Road Improvement District has issued a Demand for Cash Payment of Assessment to the Developer in the amount of $11,535,374.05 (the "Allocated Assessment"). The Developer did not pay the Allocated Assessment attributable to Gladden lI during the cash collection period (see A.R.S. § 48-590(8)). Consequently, the Allocated Assessment will be assessed against Gladden 11 as set forth in paragraph 3.3 below. 3.3 Bonds. The Town shall sell municipal bonds with a term of at least 15 years for purposes of amortizing the project costs over the term of the bond and for funding or reimbursing the project costs. Thereafler, Gladden 11 shall be assessed the principal and interest on the Allocated Assessment attributable to Gladden lI as required for repayment of the bonds. 3.4 Assessment reallocation. Upon division or subdivision of Gladden Il, the Town shall reallocate the allocated assessment among the parcels in direct proportion to the acreage of each parcel. 2.5. The Parties agree and acknowledge that the Developer has complied with paragraph 3.5 of the Original Agreement ("Consent to assessment"). 2.6. Article 4 of the Original Agreement, consisting of paragraphs 4.1, 4.2 and 4.3, is deleted in its entirety. 2.7. The Parties agree and acknowledge that the Developer has complied with the first sentence of paragraph 6. LI of the Original Agreement by timely dedicating the right-of-way for Tangerine Fanns Road. 2.8. Paragraph 6.1.3 of the Original Agreement is amended to read as follows: 6.1.3 With the recording of the final block plat for Gladden 11 or within 60 days of demand by the Town, the right-of-way for Clark Farms Boulevard within the Property. 6 2.9. Exhibit C attached to and incorporated by reference in paragraph 6.2 of the Original 0 Agreement is hereby replaced with revised Exhibit C attached to this Amendment and 6 incorporated by this reference. 3 2.10. Paragraph 6.2.1 of the Original Agreement is amended to provide that Mike Etter 4 Boulevard shall be a two-lane collector cross-section (with a continuous left -turn lane) in a 90 - foot right-of-way instead of a four -lane divided cross-section in a I i0 -foot right-of-way. 100003578 DOC, 31 -- _ -2-12113,1006 e 2 of 6 12/13,1006 2!24 PM F,c g D3l2312011 4;12 PM Gladden Farms 11 F-27 Specific Plan Appendix F: Development Agreement 2.11. The following sentence is added to the end of paragraph 6.2.2 of the Original Agreement: "The Developer shall be responsible for the full cost of Clark Farms Boulevard in any area where it abuts the Property on both sides and shall be responsible for one-half of the cost of Clark Farms Boulevard in any area where it abuts the Property on only one side." 2.12. Paragraph 6.2.3 of the Original Agreement is replaced with the following revised paragraph 6.2.3: 6.2.3. Traffic signals. When deemed warranted by the Town (but in any event not later than final release of assurances for the fmal subdivision within Gladden 11), the Developer shall pay the total estimated cost of the Town's design and construction of traffic signals at the following intersections: 6.2.3.1, Clark Farms Boulevard and Mike Etter Boulevard. 6.2.3.2. Moore Road and Mike Etter Boulevard. 6.2.3.3. Clark Farms Boulevard and Pacheco Farms Road. 2.13. Paragraph 6.2.4 of the Original Agreement is replaced with the following revised paragraph 6.2.4: 6.2.4. Approach lanes. The Developer shall provide two lanes of approach in the following locations concurrently with the initial construction of the applicable roadway: 6.2.4.1. Southbound Southfield Road at Tangerine Farms Road. 6.2.4.2. Eastbound Mike Etter Boulevard at Clark Farms Boulevard. 6.2.4.3. Northbound Mike Etter Boulevard at Moore Road. 6.2.4.4. Northbound Mike Etter Boulevard at Clark Fame Boulevard. 2.14. Paragraph 6.2.5 of the Original Agreement is replaced with the following revised paragraph 6.2.5: 6.2.5. Turn lanes. The Developer shall design and construct the following turn lanes concurrently with the initial construction of the applicable roadway: 6.2.5.1. A westbound left -turn lane and an eastbound right -tum lane on Moore Road at its intersection with Mike Etter Boulevard, 6.2.5.2. A northbound left -turn lane on Clark Farms Boulevard at Pacheco Farms Road. 6.2.5.3. A left -turn lane and a right -tum lane on each approach of Clark Farms Boulevard to Mike Etter Boulevard. 9 2.15. A new Paragraph 6.2.6 is added to read as follows: 6 6 6.2.6. Roundabouts. The Developer shall design and construct roundabouts at p the following intersections concurrently with the initial construction of the applicable roadways: g 6.2.6.1. Mike Etter Boulevard and Southfield Road. 5 6.2.6.2. Mike Etter Boulevard and Pacheco Farms Road. t00003518DOC/3; - 3 - 12AY2006 2:24 IM F)C Page 3 of 6 03/2312011 4:12 PM Gladden Farms 11 F_28 Specific Plan Appendix F: Development Agreement 2.16. A new Paragraph 6.9 is added to read as follows: 6.9. Adjacent Clark Farts Boulevard Right -of -Way. The Town shall request dedication of the remaining right-of-way for Clark Farms Boulevard from the adjacent property owner. 2.17. Paragraph 8.2.1.1 of the Original Agreement is amended to read as follows: 8.2.1.1 Tangerine Farms Road. The Allocated Assessment of the Developer for Tangerine Fanns Road (see Paragraph 3 above), including the value of the Tangerine Farms Road right-of-way as determined in.the development impact fee study supporting the establishment of the arterial roadway development impact fee. 2.18. Paragraph 8.2.2 of the Original Agreement is amended to reflect the current arterial roadway development impact fee of S6,238 per lot as adopted by Marana Ordinance No. 2006.12, 2.19. Paragraph 8.2.3 of the Original Agreement is amended to reflect the current park development impact fee of $3,028 per lot as adopted by Marana Ordinance No. 2006.12. 2.20. Paragraph $.5.2.1 of the Original Agreement is amended to read as follows: 8.5.2.1 One potable water well and participation in the cost of one additional "shared" water well; each capable 'of supplying peak daily demand; and Article 3. General Terms and Gondifions 3.1. Term. This Amendment shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Amendment (the "Effective Date"). The term of this Amendment shall begin on the Effective Date and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate, and shall thereafter be void for all purposes upon termination of the Original Agreement pursuant to paragraph 12.1 of the Original Agreement. 3.2. Effect on Original Agreement. Except as expressly modified in this Amendment, the terns, provisions and obligations of the Original Agreement shall remain in full force and effect. 3.3. Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 3.4. Recordation, The Town shall record this Amendment in its entirety in the office of the 2 Pima County Recorder no later than ten days after it has been executed by the Town and the 9 Developer, 5 3.5. Conflict of Interest. This Amendment is subject to A.R.S. § 38-511, which provides for 6 cancellation of contracts in certain instances involving conflicts of interest. 63 6 100D03578DOC13t _ .{ . 17/W70062:24 PM NC Page 4 of 6 0'372312611 412 PFJ: Gladden Farms 11 F_29 Specific Plan Appendix F: Development Agreement IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last date set forth below their respective signatures. Town: THE TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayo Date: I ATTEST: 'ocel C. Clerk -1 Bronson,ro' OCL APtIPIROVE:VAS TOYORM; STAT ARIZONA ss ('400f Pima Owner: FC/M GLADDEN It, L.L.C., an Arizona limited liability company By: FOREST CITY LAND GROUP, INC., an Ohio corporation, its M ager B Dean Wingert, SenioKVice President Date: /,?- A�,4)6 The foregoing instrument was acknowledged before me on this day of DXeH&�',l 2446 by Dean Wingert, Senior Vice President of FOREST CITY LAND GROUP, INC., an Ohio corporation, Manager of FC/M GLADDEN 11, L.L.C. an Arizona limited liability company, on behalf of the LLC. My commission expire.,: 12 •15 - 2- 6-Dq 1()0003378. DOC 1 3) Gladden Farms 11 Specific Plan 5 - Notary Public KELLY PENUELA RMINoft'ry Public - M P"COUMV a'.�j myoomm"00 ires DEC ER Is, 2M 1 2 9 5 7 III, I J11206 1- 4 ,,,,..,(,Page 5 of 6 0372312011 4:12 Phi F-30 Appendix F: Development Agreement EXHIBIT C I? <- 259 R.O.W.° LQ' N\1 i — ' �9Ytlb�iY-l�'TF��L�CA•..r�iresi����'�li�=�F i.\ C t t> L I 11 5(Y R.o.w. � -i T-.. , ` I iT \"Y e fi ►_►�� it ,; ,\ J� .3 �. ..j r ; / 90' R.O.W. 1 h ' \ i 90' R.O.W. 1� Vt ` 90' R.O.W. I 1 i 1 .. ..� .. j; 0 { ) 6 R.O.W. Legend: THE Project Boundary PLANNING Adjacent Parcels CENTER Tt/G50ti. AZ ft536?(S26 iTJ•4�Jti Page 6 of 6 OW23=11 4A2 PM Gladden Farms II F-31 Specific Plan Appendix F: Development Agreement F. ANN UEZ, RECORDER Recordedd II NDN I I1NNN�1N�lNNI����1�11111 By: Hy: RLL OT Di DEPUTY RECORDER 4992 �/ (��0 SEQUENCE: 20182200093 SMARA b tz N0. PAGES: 13 TOWN OF MARANA N 'C 08/08/2018 PICKUP �TLO'S5t' 9:47:52 SECOND AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT TOWN OFMARANA, ARIZONA THIS SECOND AMENDMENT TOTI IE GLADDEN FARMS 11 DEVELOPMENT AGREEMENT ("this Second Amendment') is made by and between the TOWN OF MARANA (the "Town"), an Arizona municipal corporation, GLADDEN PHASE II, LLC, a Delaware limited liability company, and GLADDEN PHASE II DEV, LLC, a Delaware limited liability company. GLADDEN PHASE I1, LLC and GLADDEN PHASE 11 DEV, LLC are together referred to as the "Developer." The Town and the Developer are collectively referred to in this Second Amendment as the "Parties," each of which is sometimes individually referred to as a „party." RECITALS A. The development project commonly known as Gladden Farms 11 and referred to in this Second Amendment as "Gladden II" consists of the land area included within the Gladden Farms II Specific Plan. B. The Gladden Farms II Specific Plan was established by the March 7, 2006 adoption of Marana Ordinance No. 2006.03, recorded in the Pima County Recorder's office on March 10, 2006 at Docket 12758, Page 2240 (Sequence 20060470590). C. The Gladden Farms 11 Specific Plan was amended by the December 19, 2006 adaption of Marana Ordinance No. 2006.35, recorded in the Pima County Recorder's office on December 21, 2006 at Docket 12956, Page 1622 (Sequence 20062450465). D. The Gladden Farms II Specific Plan was further amended by the March 6, 2018 adoption of Manana Ordinance No. 2018.006, recorded in the Pima County Recorder's office on March 9, 2018 at Sequence 20180680060. E. In connection with the Developer's request for amendments to the on-site private community park obligations under the Gladden Farms I1 Specific Pian and the Town's eventual modification of those obligations with the adoption of Marana Ordinance No. 2018.006, the Developer agreed to fund the construction of certain community park improvements at Gladden Farms Community Park. One of the purposes of this Second Amendment is to memorialize that agreement. F. The original developer of Gladden 11 was FC/M GLADDEN I1, L.L.C., an Arizona limited liability company, whose interests in Gladden II were sold to the Developer in 2013. 00057%3-WCX /6 6/8/2018 4:01 PM SECOND AMENDMENT TO THE GLADDEN FARMS 11 DEVFLOPMEN I' AGREEMENT -I- AJ 1,= Gladden Farms II F-32 Specific Plan Appendix F: Development Agreement G. The Developer owns most of the remaining undeveloped land in Gladden II, including the land referred to in this Second Amendment as the "Subject Property," which consists of all of the land that is the subject of the Amended Final Block Plat of Gladden Farms Blocks 28, 31-34, 37, 38, 42, and 43, recorded in the office of the Recorder of Pima County, Arizona, on April 20, 2018, at Sequence 20181100137. H. Title to the Subject Property is held by FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as Trustee under Trust No. 60,423, whose sole beneficiaries are GLADDEN PHASE Il, LLC and GLADDEN PHASE II DEV, LLC, who together are the "Developer" under the Prior Agreements as amended by this Second Amendment. 1. The Parties acknowledge the following agreements, referred to in this Second Amendment as the "Prior Agreements," affecting the development of the Subject Property, some terms of which are modified or clarified by this Second Amendment: i) The "Gladden Farms 11 Development Agreement" recorded in the Pima County Recorder's office on March 10, 2006, at Docket 12758, Page 2249 (Sequence 20060470594) (the "Original LFII DA"). ii) The "First Amendment to the Gladden Farms 11 Development Agreement" recorded in the Pima County Recorders office on December 21, 2006, at Docket 12956, Page 1633 (Sequence 20062450467) (the "LFII DA 15t Amendment"). iii) The "Development Agreement Regarding Development Impact Fee Credits for Gladden Farms II" recorded in the Pima County Recorder's office on November 9, 2012, at Sequence 20123140233 (the "GFII DIF DA"). J. The remaining rights, obligations, and interests of FC/M GLADDEN I1, L.L.0 under the Prior Agreements were assumed by the Developer pursuant to the "Assignment and Assumption Agreement for Municipal Development Agreement" recorded in the Pima County Recorder's office on January 31, 2013, at Sequence 20130310504. K. Many changed circumstances have occurred since the Parties' 2006 execution of the Original GFII DA and the GFII DA 1st Amendment, including without limitation all of the following: i) The formation of the Tangerine Farms Road Improvement District and the completion of construction of Tangerine Road improvements to serve the subregion that includes Gladden II. ii) The Town's completion of construction of the Tangerine/ Downtown Conveyance System, Town of Marana Project No. WR010, the offsite sewer that serves the subregion that includes Gladden 1I. iii) The Town's inclusion in development impact fee programs of public potable hater and sewer infrastructure projects needed to serve the subregion that includes Gladden II. 00(57063.D)Cx /6 6/8/2018 4:01 PM SECOND AMENDMENT TO THE GLADDEN FARMS 11 DEVELOPMENT AGREEMENT -2- Gladden Farms II F-33 Specific Plan Appendix F: Development Agreement iv) The Town's transfer to Cortaro Marana Irrigation District of the non -potable water system that serves the subregion that includes Gladden Il. L. During the Town's public meeting discussions of whether to undertake the construction of the Tangerine/ Downtown Conveyance System, Town staff expressed its intention to seek fair -share reimbursement from benefited properties for a portion of the Town's cost to construct the gravity portion of Phase I and Phase II of Town of Marana Project No. WR010, referred to in this Agreement as the "T/D Gravity Sewer." To that end, Town staff is in the process of bringing forward for Council consideration a T/D Gravity Sewer protected main fee, to be payable by all development served by the T/D Gravity Sewer. M. The Developer's predecessor in interest spent $90,000 on the design of the portion of the T/D Gravity Sewer that serves Gladden 11. The Developer authorized the Town to use the plans, and the Town incorporated the plans in the design of Phase I of the Tangerine/ Downtown Conveyance System project. N. The Parties understand and acknowledge that this Second Amendment is a "Development Agreement" within the meaning of, and entered into pursuant to the terms of, A.R.S. § 9-500.05. G. 'Ifiis Second Amendment is consistent with the portions of the Town's General Plan applicable to Gladden II. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Second Amendment, the Parties hereby agree as follows: 1. The Developer's representation of ownership. By entering into this Second Amendment, GLADDEN PHASE II, LLC and GLADDEN PHASE 11 DEv, LLC, who together are the "Developer" under the Prior Agreements as amended by this Second Amendment, represent that that they are the sole beneficiaries of and are entitled to enter this Second Amendment on behalf of FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as Trustee under Trust No, 60,423. 2. Commurrity park improvements. a. Obligation. The Developer will provide additional public recreational facilities at the Gladden Farms Community Park to be located within property owned by the Town. i. Description of improvements. The improvements will include two full-size soccer fields, field lighting, a restroom, driveway and parking facilities, parking lot lighting, benches, park furnishings, landscaping, and asphalt pathways (the "Public Park Improvements"), all as conceptually shown on Exhibit A attached to and incorporated by this reference in this Second Amendment. 00057061DOCX16 6/8/20184:01 PM SECOND AMENDMENT TO THF GLADDEN FARMS lI DEVELOPMENT AGREEMENT -3- Gladden Farms 11 F-34 Specific Plan Appendix F: Development Agreement ii. Timing of constriction. The Developer is required to commence construction of the Public Park Improvements at the time of issuance of the 4001h residential building permit within Gladden Il, but in no event later than two years after the issuance of the first residential building permit within Gladden II, and to diligently pursue completion of the Public Park Improvements within 12 months thereafter. iii. Town oumership and maintenance. Subject to satisfactory completion, the Town will own and maintain the Public Park Improvements as a component of the Town's public park system and will be responsible for any future expansion and improvements to either the Gladden Farms Community Park or the adjacent Marana Heritage Park. b. Park development impact fees. Paragraph 8.3 ("Park development impact fees and credits") of the Original GFII DA is hereby deleted. Not tater than the Developer's completion of the Public Park Improvements, the Town will provide credit in accordance with A.R.S. § 9463.05 against the Town's then -existing Parks and Recreation Facilities Development Impact Fee, which is currently $2,461 per equivalent demand unit (EDU) per Marana Ordinance Nos. 2014.012 and 2017.029. 3. Transportation improvements. Exhibit C attached to and incorporated by reference in paragraph 2.9 of the GFII DA 1st Amendment is hereby replaced with Exhibit B attached to and incorporated by this reference in this Second Amendment. a. Clark Farms Boulevard at Moore Road. The existing dedicated public right-of-way of Clark Farms Boulevard at and north of Moore Road does not line up with the dedicated public right-of-way of Clark Farms Boulevard in Gladden II. The Town is responsible for the acquisition of public right-of-way necessary to construct the Clark Farms Boulevard alignment north of Moore Road so that it aligns with Clark Farms Boulevard in Gladden II. b. Clark Farms Boulevard north of Tangerine Road. i. Roadway constndction. Paragraph 2.11 of the GFII DA 1st Amendment includes a provision that states that the Developer "shall be responsible for one-half of the cost of Clark Farms Boulevard in any area where [Clark Farms Boulevard] abuts [Gladden 11] on only one side." If the Town or the adjacent landowner is not willing and able to provide the other one-half of the cost of Clark Farms Boulevard when the Developer is required or desires to construct this portion of Clark Farms Boulevard, the quoted provision of paragraph 2.11 of the GFII DA 1st Amendment is modified to require the Developer to construct the west half of the ultimate four - lane Clark Farms Boulevard wherever Clark Farms Boulevard abuts Gladden 11 on only one side. For purposes of this requirement, the west half shall include the westenunost two lanes of Clark Farms Boulevard, plus any shoulders, multi -use lanes, turn lanes, and similar appurtenances required to allow the western two lanes to function as a safe public roadway independent of the later -constructed eastern two lanes of Clark Farms Boulevard. 000570e3.1x7cx i(, 6/8/2018 4:01 PM SECOND AMYNDN1EN1TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT -4- Gladden Farms II F-35 Specific Plan Appendix F: Development Agreement ii. Right-of-way. The Town shall be responsible to acquire, through dedication or condemnation, all Clark Farms Boulevard public right-of-way necessary for the construction of the portion of Clark Farms Boulevard addressed by the immediately preceding paragraph of this Second Amendment, c. Onsite roads. The Developer shall construct onsite roads associated with the development of Gladden 11 pursuant to standard subdivision infrastructure assurance agreements, and consistent with the Prior Agreements as amended by this Second Amendment. d. Traffic signals. This paragraph replaces paragraph 2.12 of the GFII DA ist Amendment. When deemed warranted by the Town (but in any event not later than final release of assurances for the final subdivision within Gladden 11), the Developer shall pay all of the fol -lowing: i- The total estimated cost of the Town's design and construction of traffic signals, at the Moore Road/Mike Etter Boulevard intersection if it is a T -intersection with three legs; provided, however, that the responsibility is reduced to half of the estimated cost if the intersection has a northern driveway/ roadway connection. ii. Half of the estimated cost of the Town's design and construction of traffic signals at the Moore Road/Clark Farms Boulevard, Clark Farms Boulevard/Mike Etter Boulevard, and Clark Farms Boulevard/Tangerine Road intersections. e. Approach lanes. This paragraph replaces paragraph 2.13 of the GFIJ DA 1st Amendment. With the initial construction of the applicable roadway, the Developer has the option of constructing the full, ultimate roadway configurations shown on the approved November 2017 Traffic Impact Analysis Addendum for the year 2040 anticipated traffic volumes, but in any event shall at a minimum provide all of the following: i. Southbound Midfield Road approaching Tangerine Road shall have two lanes (a left turn lane and a right turn lane). ii. Eastbound Mike Etter Boulevard approaching Clark Farms Boulevard shall have two lanes (a left turn lane and a right turn lane). iii. Northbound Mike Etter Boulevard approaching Moore Road shall have tWo lanes (a left turn lane and a right turn lane). iv. Northbound Clark Farms Boulevard approaching Moore Road shall have three lanes (a left turn lane, a through lane, and a combined through/right turn lane). v. Southbound Clark Farms Boulevard approaching Tangerine Road shall have two lanes (a left turn lane and a combined through/right turn lane), 000.57063.DC)CX /6 6/8/2018 4:01 PM SECOND AMENDMENT TO THE GLADDEN FARMS 11 DEVELOPMENT AGREEMENT -5- Gladden Farms 11 F-36 Specific Plan Appendix F: Development Agreement f. Tum lanes. This paragraph replaces paragraph 2.14 of the GFII DA 1st Amendment. The Developer shall design and construct the following turn lanes concurrently with the initial construction of the applicable roadway: i. A westbound left -turn lane and an eastbound right -turn lane on Moore Road at its intersection with Mike Etter Boulevard, ii. A southbound left -tum lane on Clark Farms Boulevard at its intersection with the entry road to Block 29. iii. A left -turn lane on northbound Clark Farms Boulevard at Mike Etter Boulevard. iv. A right -turn lane on southbound Clark Farms Boulevard at Mike Etter Boulevard. g. Roundabout. This paragraph replaces paragraph 2.15 of the GFII DA 1st Amendment. The Developer shall design and construct a roundabout at the intersection of Mike Etter Boulevard and Midfield Road with its initial construction. 4. Sewers. a. Offsite sewer. i. Each Gladden 11 connection to the T/D Gravity Sewer shall be responsible for payment of a fair -share reimbursement for its port -ion of the Town's cost to construct the T/D Gravity Sewer, payable upon application for a building permit, in the amount set forth in the T/D Gravity Sewer protected main fee currently under consideration by the Town, which is anticipated to be in an amount of about 5520 per equivalent demand unit (a standardized measure of the demand that a unit of development in a particular category of development generates for necessary public services in relation to the demand generated by a detached single-family dwelling unit). ii. If the T/D Gravity Sewer protected main fee is adopted, the Town will pay the Developer $50 per T/ D Gravity Sewer protected main fee payment for the first 1,800 such payments (both from within and outside Gladden 11), in quarterly payments made within 30 days following the end of each calendar quarter, until the Developer has been reimbursed $90,000 for the cost of the sewer plans (see recital M above), b. Offsite con-uLyance capacity. As of the date of this Second Amendment, the offsite sewer conveyance system serving Gladden 11 has line capacity limitations that are discussed in the 2017 Sewer Impact Fee Infrastructure Improvement Plan adopted by Marana Resolution No. 2017-090 dated -September 19, 2017. These conveva.nc'e capacity limitations are currently scheduled to be remedied by a development impact fee -funded Town construction project in the year 2021. When the Town determines that the sewer conveyance system has reached its capacity, no further sewer connections will be permitted unless and until the line capacity limitations have been 00057063.FKXX /6 6/8/2018 4:01 PM SECOND ANIENDWNT TO THE GLADDEN FARMS 11 DF-vi-LOPI'MEN] AGREEMEW -6- Gladden Farms 11 F-37 Specific Plan Appendix F: Development Agreement remedied. The Town will notify the Developer if and when the rate of development upstream of the line capacity limitations causes the Town to believe that the conveyance system may reach its capacity before the development impact fee -funded Town construction project is expected to be completed. The Town will make every reasonable effort to provide the notification early enough to allow the Developer and other members of the development community to avoid a temporary interruption of sewer connections by advancing the construction at their own cost. c. Onsite sewers. The Developer shall construct onsite sewers associated with the development of individual subdivisions within Gladden lI pursuant to standard subdivision infrastructure assurance agreements. 5. Water infrastructure. a. Non -potable system. Paragraph 5.4 ("Non -potable system") of the Original LFII DA is deleted and replaced with the following: The Developer shall develop and construct a secondary non -potable irrigation system, dedicated to the Cortaro-Marana Irrigation District in accordance with its requirements, to distribute non -potable water to common areas and other landscaped areas owned or to be owned by the homeowners' association within Gladden Il. b. Onsite potable water distribution system. The Developer shall construct onsite potable water distribution infrastructure associated with the development of individual subdivisions within Gladden Il pursuant to standard subdivision infrastructure assurance agreements and Marana Water requirements. c. Offsite potable mater obligations. Paragraph 8.5 ("Water system infrastructure development impact fees and credits") of the Original GFII DA is hereby deleted, and the Developer is relieved of any obligation to construct the water system infrastructure listed in subparagraphs 8.5.2.1, 8.5.2.2, and 8.5.2.3 of the Original LFII DA, as partially modified by paragraph 2.20 of the GFII DA I5' Amendment. The Town shall be responsible for the development and construction of all offsite potable water infrastructure and resource obligations to serve Gladden TI, funded with Town - adopted development impact fees. 6. School land dedication. Paragraph 6.5 ("Contribution in lieu of school land dedication") of the Original GFII DA is hereby modified to provide that if Marana Unified School District requests dedication and the Developer dedicates a school site, then the contribution may be adjusted in accordance with an agreement between the Developer and the Marana Unified School District. 7. Current transportation impact fee as applied in Gladden 11. The Town's current Northwest Street Facilities Development Impact Fee is $3,719 per equivalent demand unit (EDU), per Marana Ordinance No. 2017.029. With the $3,706 per EDU credit under the GFII DIP DA, the current transportation impact fee is $13 per EDU in Gladden 11. 000s7061[X)CX /6 6/8/2018 4.01 PM SECOND AMENDMENT TO THE GLADDEN FARMS 11 DEVELOPMENT AGREEMENT -7- Gladden Farms II F-38 Specific Plan Appendix F: Development Agreement 8. Developer's joint and several rights and responsibilities. GLADDEN PHASE Il, LLC and GLADDEN PHASE II DEV, LLC have joint and several rights and responsibilities as the "Developer" under the Prior Agreements as amended by this Second Amendment. 9. Term. This Second Amendment shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Second Amendment. 10. Extension of term. Unless sooner terminated by the mutual consent of the Parties, the term of the Original GFII DA and the GFII DA Is1 Amendment and this Second Amendment shall automatically terminate and shall thereafter be void for all purposes on June 30, 2035. Paragraph 12.1 ("Term") of the Original GFII DA and paragraph 3.1 ("Term") of the GFlI DA 1s1 Amendment are hereby modified. 11. Effect on the Prior Agreements and other agreements. Except as expressly modified in this Second Amendment or in the Prior Agreements, the terms, provisions and obligations of the Prior Agreements shall remain in full force and effect. Nothing in this Second Amendment is intended to modify other agreements not mentioned in this Second Amendment that affect the development of Gladden II, and the failure of this Second Amendment to mention such other agreements shall not affect their validity. 12. Notice. Article 11 ("Notices and Filings") of the Original GFII DA is modified by changing the address of the "Developer" to: GLADDEN PHASE Il, LLC CIO CROWN WEST REALTY L.L.C. Attn: Dean Wingert, Vice President 333 E. Wetmore Road, Suite 250 Tucson, AZ 85705 13. Counterparts. This Second Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 14. Recitals. The Recitals set forth at the beginning of this Second Amendment are hereby acknowledged and confirmed to be accurate. 15. Good standing; authority. The Developer represents and warrants to the Town that it is duly formed and validly existing under the laws of Delaware and is authorized to do business in the state of Arizona. The Town represents and warrants to the Developer that it is an Arizona municipal corporation with authority- to enter into this Second Amendment under applicable state laws. Each Party represents and warrants that the individual executing this Second Amendment on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. 00057061DOCA /6 6/8/2018 4:01 I'M SECOND AMENDMENT TO THE GLADDEN FARMS 11 DEVEI._OPMEN`I AGREEMENT -8- Gladden Farms II F-39 Specific Plan Appendix F: Development Agreement 16. Severability. If any provision of this Second Amendment is declared void or unenforceable, it shall be severed from the remainder of this Second Amendment, which shall otherwise remain in full force and effect. If a law or court order prohibits or excuses the Town from undertaking any contractual commitment to perform any act under this Second Amendment, this Second Amendment shall remain in full force and effect, but the provision requiring the act shall be deemed to permit the Town to act at its discretion, and if the Town fails to act, the Developer shall be entitled to terminate this Second Amendment. 17. Governing law. This Second Amendment is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any Iitigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding sentence shall constitute a waiver of paragraph 9.5 of the Original GFII DA, requiring disputes to be resolved by binding arbitration. 18. Interpretation. This Second Amendment has been negotiated by the Town and the Developer, and no party shall be deemed to have drafted this Second Amendment for purposes of construing any portion of this Second Amendment for or against any party. 19. Recordation. The Town shall record this Second Amendment in its entirety in the office of the Pima County Recorder no later than ten days after it has been executed by the Town and the Developer. 20. No representations of development. Except as specifically set forth in this Second Amendment, nothing contained in this Second Amendment shall be deemed to obligate the Town or the Developer to complete any part or all of the development of Gladden II. 21. Approval. If any Party is required pursuant to this Second Amendment to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld or delayed. 22. Force majeure. If any Party shall be unable to observe or perform any covenant or condition of this Second Amendment by reason of "force majeure," then the failure to observe or perform such covenant or condition shall not constitute a default under this Second Amendment so long as such Party shall use its best effort to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. "Force majeure," as used in this paragraph, means any condition or event not reasonably within the control of such party, including without limitation, "acts of God," strikes, lock -outs, or other disturbances of employer/ employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms, droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock -outs and other disturbances of employer/ employee relations or to settle legal or administrative 00057063.rxx'x /F 6/$/12018 9:01 PM SECOND AMENDMENT TO THE GLADDEN FARMS Il DEVELOPMENT AGREEMENT -9- Gladden Farms II F-40 Specific Plan Appendix F: Development Agreement their departments, agencies, or officials, or of anani'civil or, military authorih,,; insurrection.: civil disturbances; riots; epidemics., landslides,- lightning; 'earthquakes,, subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people'explosions; and partial or entire failure of utilities. Failure to settle strikes, lock -outs and other disturbances of employer/employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing Pam or Parties, in either case v,'hen such course is in the judgment of and urdavorable to 'a Party shall not constitute failure to use its best efforts to remedy such a condition. 21 Conflict cit interest. This Second Amendment is subject to ARS. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. IN WITNESS Mih.REOF, the Parties have executed this Second Amendment as of the last date set forth below their respective signatures, 11 11 I he Town : The "Develover": TOWN Or MARAiNIA, an Arizona municipal GLADDEN PHASF 11, LLC, a Delaware corporation t Bruited liability company B-, Ed HoneaAlavor Date: Z srl All ESIJ: N�I'OrLson; To�'vn Clerk A P!'RC)VLL) AS }'ORM: Frank� Cassidy, Tocvn Akf'orne� ley: IA-V"w Frank J. Walter III Authorized Signatory Da te: GLADDENS PHAsE 11 Dnv,. LLC, a, Delaware limited liability cornpanc B v:Ja AyV A�� Frank J. t'Valter ill ___ Authorized Signatory Date: Vh7063 fXKA /�, 1;/8,12018 4:01 11NA SECOND AMENDIMETNIJ ]C)1HrC,[.ADDFN FARPA'11 Di:VjT1,0PN4FM A(_;RFFTACN1 Gladden Farms 11 F-41 Specific Plan Appendix F: Development Agreement STATE OF NEw YORK ) SS County of New York ) The foregoing instrument was acknowledged before me on July 2018, by Frank J. Walter 111, Authorized Signatory of GLADDEN PHASE 11, LLC, a Delaware limited liability company, on behalf of the LI -C. (Seal) AMBER SMOKE NOTARY PUBLIC -STATE OF YORK No. OISM6173220 otary Public Qualified In Queens County NATE of, NFWYOfMisslon Expires August 20, 2011 Ss County of New York ) The foregoing instrument was acknowledged before me on July ZO by Frank J. Walter 111, Authorized Signator.. of GLADDEN PHASE 11 DEv, LLC, a Delaware limited liability company, on behalf of the LLC (Seal) Notary Public AMBER SMOKE NOTARY PUBLIC -STATE OF NEW YORK No. OISM6173220 Qualified In Queens County My Commitrion Expires August 20, 2011 0(_�1570,,,3,FXVX /6 6/S/20184:01 1,N4 AMEN !,4FN!' I0111 -1 -IF GLADDEN FAPMS 11 DEVELOPMENT A(,izLLMENf -11- Gladden Farms 11 F-42 Specific Plan Appendix F: Development Agreement Exhibit "A" Gladden Farms II F-43 Specific Plan Appendix F: Development Agreement Exhibit Circulation Concept Plan LEGEND - - - - TRAILS li= � ACCESS POINTS Gladden Farms 11 F-44 Specific Plan