HomeMy WebLinkAboutGladden Farms II Specific Plan Amendment 2mp�
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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
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CENTER PLANNING
1PY410CU rCD-13
lxMio�r IsVeej�cMfrq'bieslQlStFCQ7�U4esgon
0
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1-3
Introduction
Legend
Spociflc Plan
1,11
-r�'�; Marana Town
Pima County
��
Gladden Farms II
Specific Plan
NORTH
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Limits 211 tt FC0.13
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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
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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
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CENTER
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wu.asv��ana�a
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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
✓
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If r
V
Jy
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-
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_. 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
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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
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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
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W. 144rs Gusyw� Pi�oLstx
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2 2 21 W.T G.. R.D, FnENx, AZ 8 50 23-4399
JOEMELTMYOWA
MICffAELM;CM*mY.FLwnAFF
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(602)942-3000
WLuAm fl. McLus, Gcu CAxn
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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
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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.
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PLANNING
CENTER
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AZ o+ST4M z sure ase
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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,
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Sewer Une
SpecMlc Plan Boundary
Gladden Farms II
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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
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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=
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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.
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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}
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Gladden Farms II F-5
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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
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m'O%j*& Gladden Farms II F-6
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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.
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M0%.O*& Gladden Farms II F-7
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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)
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lffiftkovak Gladden Farms II F-8
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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
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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}
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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):
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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
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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
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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.
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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
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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
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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
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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
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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
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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_,
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MOORS ROAD... y%iG�• ` �4�0
fur R.O.W.
Legend:
Project Boundary
Adjacent Parcels
si
254' R.O.W.
THE
PLANNING
CENTER
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KAJ
Gladden Farms II F-25
CM Specific Plan
tel+'
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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."
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Gladden Farms 11 F-26
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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.
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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.
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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
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Gladden Farms 11 F_29
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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
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Appendix F: Development Agreement
EXHIBIT C
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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-
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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.
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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.
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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),
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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
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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
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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.
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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
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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