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HomeMy WebLinkAboutCouncil Blue Sheet 12/16/2003TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: December 16, 2003 AGENDA ITEM: IX. A. 1 TO: Mayor and Council FROM: Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2003-150: Agreement between Town of Marana and Pulte Homes for Construction of Water Facilities Under Private Contract on Gladden Farms Block 12. DISCUSSION: Pulte Homes desires to install an On-Site Water Facility to provide service to a development now known as Gladden Farms Block 12. Pursuant to an Agreement between the Town of Marana and Pulte Homes, the developer will construct on-site water service facilities and then pass ownership of these facilities to the Town; the Town will then provide water service to Gladden Farms Block 12. Attached is the Town of Marana Agreement for Construction of Water Facilities Under Private Contract. This project cannot move forward until the Council approves the terms and conditions of the Water Facilities Contract. The Marana Water Utility Advisory Committee has approved and recommends the agreement to Council for approval. RECOMMENDATION: The Water Utility Advisory Committee and staff recommend approval of the agreement between the Town and Pulte Homes for the construction of on-site water facilities for Gladden Farms Block 12. SUGGESTED MOTION: I move to approve Resolution No. 2003-I 50. UTILiCBD/APM 12/10/031:31 PM Resolution No. 2003-150 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: December 16, 2003 AGENDA ITEM: IX. A. 2 TO: Mayor and Council FROM: Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2003-151: Agreement between Town of Marana and Pulte Homes for Construction of Water Facilities Under Private Contract on Gladden Farms Block 11. DISCUSSION: Pulte Homes desires to install an On-Site Water Facility to provide service to a development now known as Gladden Farms Block 1 i. Pursuant to an Agreement between the Town of Marana and Pulte Homes, the developer will construct on-site ~vater service facilities and then pass ownership of these facilities to the Town; the Town will then provide water service to Gladden Farms Block 11. Attached is the Town of Marana Agreement for Construction of Water Facilities Under Private Contract. This project cannot move forward until the Council approves the terms and conditions of the Water Facilities Contract. The Marana Water Utility Advisory Committee has approved and recommends the agreement to Council for approval. RECOMMENDATION: The Water Utility Advisory Committee and staff recommend approval of the agreement between the Town and Pulte Homes for the construction of on-site water facilities for Gladden Farms Block 11. SUGGESTED MOTION: I move to approve Resolution No. 2003-151. UTIL/CBD/APM 12/10/031:31 PM Resolution No, 2003-151 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: December 16, 2003 AGENDA ITEM: IX. A. 3 TO: Mayor and Council FROM: Farhad Moghimi,, P.E., Public Works Director/Town Engineer SUBJECT: Resolution No. 2003-159 - Releasing the Assurance Agreement for Continental Reserve Block 11 (Stoneridge), Trust No. 4915, for Lots 1-71, and Common Areas "A", "B", "C" and "D", and Acceptance of Public Improvements for Maintenance. DISCUSSION: Approval of Resolution 2003-159 w ill release t he Assurance Agreement between K B Home Tucson Inc., under Trust No. 4915 and First American Title Insurance Company, Inc. and the Town of Marana, regarding Continental Reserve Block 11 (Stoneridge) as depicted on Exhibit A. The subdivision is recorded in Book 55 of Maps and Plats, Page 69, Pima County Recorder's Office, Arizona. In releasing said Assurance Agreement, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.53 miles of the following paved streets. · Gold Rock Place · Granite Ridge Court Iron Ridge Drive · Stone Hill Drive RECOMMENDATION: Staff recommends that the Town Council release the Assurance Agreement between KB Home Tucson Inc., under Tmst No. 4915 and First American Title Insurance Company, Inc. and the Town of Marana. SUGGESTED MOTION: I move to adopt Resolution No. 2003-159. 12/10/03 TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE December 16, 2003 AGENDA ITEM: IX. A. 4 TO: Mayor and Council Members FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Resolution No. 2003-162: Application for Liquor License: New License for a Corporation: Consideration of recommendation to State Liquor Board for a No. 10 (Beer and Wine store) liquor license application submitted by Michael Wayne Ituffstuttler, on behalf of Eckerd Drugs #5326, located at 7740 N. Cortaro Road. DISCUSSION: Michael Wayne Huffstuttler, on behalf of Eckerd Drugs #5326, is applying for a new No. 10 (Beer and Wine Store) liquor license for premises located at 7740 N. Cortaro Road. The business is in compliance, and the Marana Police Department, showing no record on file, has completed a background check. In accordance with the State of Arizona Guide to Arizona Liquor Laws, the Clerk's office has received two copies of an application for a spirituous liquor license from the State Department of Liquor Licenses & Control. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. During the time the governing body is processing the application, the Department will conduct a background check of the applicant. If the application is approved at the appropriate government level, and no written protests have been received by the Department, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed with the Department, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in a person-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in a location-to-location transfer need onl7 prove that the granting of the license is in the "best interest of the community". The decision by the Board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4-201, 4-201.01, 4-203; Rule R-4-15-102. RECOMMENDATION: Michael Wayne Huffstuttler, on behalf of Eckerd Drugs #5326, located at 7740 N. Cortaro Road, has applied to the State of Arizona Department of Liquor License & Control for a new No. 10 (Beer and Wine store) liquor license and has met the posting requirements. The office of the Town Clerk has received no comments in favor or against the application. Staff recommends consideration of approval of this liquor license. SUGGESTED MOTION: I move to approve Resolution No. 2003-162. TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: December 16, 2003 AGENDA ITEM: IX. A. 5 TO: Mayor and Council FROM: James R. DeGrood, P.E., Development Services Administrator SUBJECT: Ordinance No. 2003.31: Calmat Specific Plan Amendment Time Extension DISCUSSION: The Town of Marana approved the Calmat Specific Plan on September 15, 1987. In that Specific Plan, the location of the plant site for the processing of aggregate and production of concrete was to be located in the extreme southeastern portion of the Specific Plan area, abutting the Arizona Portland Cement plant site. On December 17, 1996 the Mayor and Council approved an amendment to the Calmat Specific Plan which temporarily relocated the plant site to a more central portion of the Specific Plan area, principally to avoid the threat of the Santa Cruz River. The permission to use this plant site was to terminate within 7 years or upon the initiation of Phase 2 of the project. The expiration of the Specific Plan Amendment based upon the time limit is imminent. Staff has been meeting with representatives of CEMEX, which has recently consolidated ownership of the specific plan area. CEMEX desires not only to extend the life of the existing plant site, but also make significant revisions to the specific plan. Staff shares the desire to revise the specific plan, in order to address contemporary issues, particularly transportation issues. Staff has received a formal request to extend the duration of the Specific Plan Amendment for 180 days to allow for a more comprehensive specific plan amendment process which will address transportation, flood control and recreation issues in the plan. RECOMMENDATION: Staff recommends the approval of the specific plan amendment time extension for a period of 180 days. SUGGESTED MOTION: I move to approve Ordinance No. 2003.31. PWBRD/DMH/I 2/14/99 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: December 16, 2003 AGENDA ITEM: IX. A. 6 TO: Mayor and Council FROM: Frank Cassidy, Town Attorney SUBJECT: Ordinance No. 2003.33: Annexing Tangerine and Thornydale Road rights-of-way located adjacent to existing Town boundaries. DISCUSSION: This ordinance annexes portions of Tangerine and Thornydale Road rights-of-way located adjacent to existing Town boundaries. The Pima County Board of Supervisors is scheduled to consent to this annexation at its December 16, 2003 regular meeting. Arizona law (A.R.S. § 9-471(N)) provides an accelerated alternative annexation process for county right-of-way or roadway with no taxable real property, allowing the annexation to proceed upon approval of the annexation as a published agenda item at a regular public meeting of the governing bodies of the annexing city or town and the affected county. This annexation is being brought forward at this time to facilitate the construction of the Tangerine Road/Thornydale Road intersection improvements project, Town of Marana project number 2001-43. RECOMMENDATION: Staff recommends that Mayor and Council adopt Ordinance No. 2003.33. SUGGESTED MOTION: I move to approve Ordinance No. 2003.33. Marana Ordinance No. 2003.33 12/10/2003 10:42 AM TOWN TOWN COUNCIL OF MEETiNG MARANA iNFORMATION DATE: December 16, 2003 AGENDA ITEM: IX. B. 1 TO: Mayor and Council FROM: Dick Gear, Community and Economic Development Director SUBJECT: Public H earing o n t he C amino d e O este Annexation - Consideration o f t he Town of Marana's desire to annex approximately 319 acres adjacent to the Town of Marana's border in portions of Sections 25 and 36, T12S, R12E. The parcels within this annexation area are on the east side of Interstate 10 and bisected by Camino de Oeste and Cortaro Farms Roads. DISCUSSION: Pursuant to filing a blank petition with the Pima County Recorder's Office, this Public Hearing is mandated by State Statutes to be held within thirty days following such filing. All owners of real and personal property within the annexation area have been notified of this hearing, and have been given the opportunity to address the Mayor and Council with their concurrence or objections to this annexation. This annexation is in response to property owners' requests to be annexed, and fails within the Marana Town Council's Ultimate Town Boundaries. RECOMMENDATION: No action is required - Public Hearing. SUGGESTED MOTIONS: No action is required. TOWN COUNCIL; MEETING INFORMATION DATE: December 16, 2003 AGENDA ITEM: IX. B. 2 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Public Hearing: Ordinance No. 2003.27 and Resolution No. 2003-154: Proposed amendment to the Land Development Code of the Town of Marana, by adding Title 24 - Overlay District Regulations and adding Section 24.01 Silverbell Road Corridor Overlay District, establishing standards for structures, landscaping and other improvements on property within the Silverbeli Road corridor which promote high quality, innovative site design and safe and efficient land usage and declaring Title 24 and Section 24.01 a public record. DISCUSSION: On December 2, 2003 the Council continued the public hearing on this item until December 16, 2003 to add language providing for Town Council consideration and approval of all Conditional Uses pursuant to this chapter. The new language appears in Section 24.01S. 3. of Title 24, attached. This item was considered by the Plarming Commission on October 29, 2003 and has been forwarded to Council with a unanimous recommendation for approval. The proposed amendment, attached, represents the finalization of work on the development of a commercial overlay district and development standards ordinance for the Silverbell Road corridor, intended to foster commercial development that is compatible and complementary with adjacent uses, including residential neighborhoods, and minimize the potential for land use conflicts. In July of 2001, staff was directed to examine the commercial corridor system in Continental Ranch along Silverbell Road and develop an overlay district and regulations in order to minimize the strain on public infrastructure and maximize the public benefit. The Town Council also authorized the Town Manager to form an advisory committee, comprised of interested neighborhood residents as well as major developers and landowners along the corridor, to work with staff in order to study the development needs of the area and make recommendations to the Planning Commission and Council. Commercial land use designations are currently in place on a number of parcels along Silverbell Road between Twin Peaks Road and Cortaro Road. The majority of these parcels were designated for commercial use through the adoption of three specific plans in the late 1980's, including the Continental Ranch, Pima Farms and Pima Farms North plans. The provisions included in the proposed overlay district are intended to unify uses and standards for commercial development along Silverbell Road between Twin Peaks Road and Cortaro Road, which are currently regulated by the three different specific plans and the Marana Land Development Code. For approximately the last year and a half, staff has met with the manager's committee to review interests and concerns, identify common values and draft/discuss potential ordinance language. Concerns expressed by commercial property owners along the proposed corridor overlay boundary regarding uses authorized under the specific plans resulted in delays in finalizing the draft. Staff spent significant time meeting with property owners along the corridor, particularly with representatives of the Pima Farms North property, to address their concerns about the proposed overlay district and resolve issues. The manager's committee most recently met on August 18, 2003, with agreement by all present that the draft was ready to be considered for adoption. The Silverbell Road Corridor Overlay District is the first overlay district proposed for adoption by the Town. The amendment includes adding a new chapter to the Land Development Code, Title 24 Overlay District Regulations, in anticipation of developing additional overlay districts in the future, to address specific needs. Furthermore, the amendment adds Section 24.01 Silverbell Road Corridor Overlay District, to the Land Development Code. The overlay district promotes a high level of architectural and landscaping excellence through a coordinated set of design principles for buildings, site planning, landscaping and signage. The proposed overlay district also incorporates a design review process as a part of the development process. A flow chart of the proposed overlay district process is attached. Significant elements of the proposed overlay district include: · Employment of a formal design review process for development within the overlay district together with the establishment of a design review committee; · The requirement of design review approval prior to development plan submittal; · Comprehensive site design, site landscaping and building design considerations; · Detailed use regulations identifying specific permitted, conditional and prohibited uses; and · Specific Development Standards applicable to signs, screening, lighting and design. On October 29, 2003, the Planning Commission held a public hearing on the proposed amendment. This amendment is being forwarded to you with a unanimous recommendation for approval, with one minor modification. The owners of the Pima Farms North commercial property have expressed the desire that self-storage facilities be moved from the Prohibited Use category to the Conditional Use category. Due to the great depth of some of their property, certain locations may be appropriate for self storage use and they would like to keep that possibility open. The Commission was agreeable to this modification. With this change, there is no opposition to the proposed amendment. RECOMMENDATION: Staff and the Planning Commission recommend approval. SUGGESTED MOTION: I move to approve Ordinance No. 2003.27 and Resolution No. 2003-154. Planning/JDS/12/8/2003 IO:OOAM TOWN COUNCIL MEETiNG iNFORMATION DATE: December 16, 2003 II TOWN ~FARANA AGENDA ITEM: IX. B. 3 TO: FROM: SUBJECT: Mayor and Council Joel D. Shapiro, Planning Director Public Hearing: Ordinance 2003.30:8551 N. Silverbell Road Rezone. A request by the property owners to rezone three parcels from "C" (Large Lot Zone) to "NC" (Neighborhood Commercial), on approximately 11 acres generally located on the west side of Silverbell Road, approximately ~ of a mile north of Wade Road, within Section 28, Township 12 South, Range 12 East. DISCUSSION: The Town of Marana Planning Commission considered this request for a change in zoning at its regular monthly meeting November 19, 2003 during a public hearing; the Commission voted unanimously to recommend approval to the Mayor and Town Council. The applicant, Carl Winters of Planning Resources, originally applied for a rezoning of 8551 N. Silverbell Road; a vacant 2.27 acre parcel directly north of the parcel containing Lil'Abner's Restaurant. Upon reviewing the application, Staff suggested the applicant contact the owner of the two properties south of 8551 N. Silverbell to determine if that owner was interested in rezoning as well, staff suggested bringing in these properties for several reasons, including their similar Large Lot Zone zoning designations and the fact that future commercial development of the area would be enhanced and allow for more design flexibility with the additional acreage and contemporary zoning. The "NC" zoning would also bring the existing restaurant into zoning conformance. The owner of the two properties submitted a letter to Staff several days later consenting to the potential rezoning of his two properties to "NC". The three parcels were originally annexed into the Town as part of the 'Pima Farms' annexation, Marana Ordinance 88.01 and translationally zoned "C" at that time. The "C" zone is a limited zoning district in that permitted uses are primarily restricted to single family homes and/or adjacent development. Rezoning the parcels to "NC" will provide the most suitable and compatible zoning district with respect to density and intensity. The "NC" designation is consistent with the economic development goals of the General Plan, as ratified March 11, 2003. The General Plan 'South Silverbell' economic development sector designation recommends community commercial/ neighborhood services for the subject parcels. The General Plan Land Use Element goals encourage commercial uses to locate with direct access t o arterials a nd t hat c lusters of neighborhood level commercial services within residential districts are desired. The total area of the subject properties is approximately 11 acres. There are several existing points of access along Silverbell Road for the subject properties. These accesses span an existing drainage channel which parallels Silverbell Road. The ingress/egress will be evaluated with the submittal of any subsequent development plan and traffic impact analysis. The subject properties are within the Silverbell Road Corridor Commercial Overlay Zone and all subsequent development of the properties will be subject to the regulations and processes established therein, as adopted. The Overlay is intended to supplement all other applicable regulations such as the development standards established in the "NC" zone. The Overlay states that in the event regulations promulgated by the Overlay are in conflict with any other established and/or adopted policy or standard, the more restrictive shall apply. The uses permitted and prohibited on the subject properties are regulated by the Overlay. The applicant has conducted the necessary public involvement meeting. Staff has received no public comment regarding this application for rezoning. Staff has advertised this rezoning request in conformance with Arizona Revised Statute requirements and the Land Development Code. RECOMMENDATION: The Planning Commission and Staff recommend that the Town Council approve Ordinance No. 2003.30 - 8551 N. Silverbell Road Rezone - as presented. SUGGESTED MOTION: I move to approve Ordinance No. 2003.30. JDF:JDS~lanning_shared files_tcreportsl20803 PCZ-03074 8551 N. Silverbell Road Rezone TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: December 16, 2003 AGENDA ITEM: IX. B. 4 TO: Mayor and Council FROM: Frank Cassidy, Town Attorney SUBJECT: Ordinance No. 2003.32: Authorizing an exchange of real property east of the intersection of Cortaro and Silverbell roads to reconfigure the Marana district park site and new public library and accommodate the creation of public roads and other improvements to serve the district park site and new public library and authorizing the execution of a Real Estate Exchange and Development Agreement with Arizona Pavilions Development, Inc. and Ranch Holdings, L.L.C. DISCUSSION: This ordinance authorizes and sets the terms for an exchange of real property for purposes of reconfiguring the Marana district park site to accommodate the construction of the new library and related improvements. The particular parcels being exchanged, and the terms and conditions of the exchange, are set forth in the Real Estate Exchange and Development Agreement with Arizona Pavilions Development, Inc. and Ranch Holdings, L.L.C., which is also presented and authorized for execution as part of this action item. This ordinance and the Real Estate Exchange and Development Agreement it authorizes provides that Arizona Pavilions will transfer to the Town a 2.09-acre parcel of land needed for the new library. In exchange, the Town will transfer to Arizona Pavilions three Town-owned parcels totaling 1.06 acres. Access easements necessary for the use of the properties will also be exchanged. The Town and Arizona Pavilions will also complete the exchange of narrow strips of property containing 15,111 square feet each to straighten out property lines in the area, as authorized on November 4, 2002 by Town Resolution N o. 2002-126. T he b oundary~straightening exchange was inadvertently never carded out by the execution of deeds. The particular parcels involved in the exchange are shown on the maps attached to the various legal descriptions, which are exhibits to the Real Estate Exchange and Development Agreement. The Real E state Exchange a nd Development Agreement also addresses various other issues, including the modification of a use limitation on the original park site the Town received by gift deed in 2000. RECOMMENDATION: Staff recommends that Mayor and Council adopt Ordinance No. 2003.32 SUGGESTED MOTION: I move to approve Ordinance No. 2003.32. Marana Ordinance No. 2003.32 12/9/2003 4:33 PM TOWN TOWN COUNCIL OF MEETING MARANA iNFORMATION DATE: December 16, 2003 AGENDA ITEM: IX. B. 6 TO: Mayor and Council FROM: Dan Groseclose, Community Development Specialist SUBJECT: Resolution No. 2003-163 - Sales Agreement between the Town of Marana and Wayne R. and Barbara I. Honea to purchase two Honea Heights parcels as part of the Santa Cruz River Linear Park. The Town will pay the appraisal amount plus all closing costs. DISCUSSION: The Town of Marana has an opportunity to purchase a mobile home and two adjacent lots for $67,000, plus all closing costs. The lots (parcels 21749013B and 217490150) total 0.40 acres. The property contains a 1999 Clayton Homes (State sticker 256822) single-wide trailer. The purchase of this property is to be utilized by the Town to connect existing Town park property to the remaining properties identified as planned Santa Cruz River Linear Park. The trailer will be utilized by the Marana HOME Program. The subject property was appraised by Ronald P. Slovan, SRA, in November of 2003. RECOMMENDATION: Staff recommends adoption of Resolution No. 2003-163 to authorize the Town to enter into a Sales Contract to purchase the identified property for $67,000, plus all closing costs. SUGGESTED MOTIONS: I move that Council adopt Resolution No. 2003-163. TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: December 16, 2003 AGENDA ITEM: IX. B. 7 TO: Mayor and Council FROM: Thomas Benavidez, Hochuli & Benavidez, P.C. SUBJECT: Authorizing the Mayor to execute a settlement agreement in the condemnation case Town of Marana v. Laird Financial Corp., Pima County Superior Court No. C20020255, for $74,800.00, plus interest, and including other terms as set forth in the settlement agreement. DISCUSSION: As you know, the Town has been improving Cortaro Farms Road west of the 1-10 Interchange. Pursuant to Resolution No. 2001-158, the Town's attorneys filed the condemnation case Town of Marana v. Laird Financial Corp., Pima County Super/or Court No. C20020255 to acquire property to accommodate the project. A settlement agreement has been prepared, pursuant to which, the Town would settle the pending case by paying the Town's appraisal amount of $74,800.00 for the property, plus interest, and upon such other terms and conditions as are provided in the settlement agreement. RECOMMENDATION: Council's pleasure. SUGGESTED MOTION: I move to authorize the Mayor to execute a settlement agreement in the condemnation case Town of Marana v. Laird Financial Corp., Pima County Superior Court No. C20020255, for $74,800.00, plus interest, and including other terms as set forth in the settlement agreement. TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: December 16, 2003 AGENDA ITEM: IX. B. 8 TO: Mayor and Council FROM: Thomas Benavidez, Hochuli & Benavidez, P.C. SUBJECT: Authorizing the Town's attorneys to offer the appraised amount of $287,303.00 to settle the condemnation case, Town ofMarana v. Tucson Electric Power, Pima County Superior Court No. C20024896. DISCUSSION: As you know, the Town is in the process of realigning Cortaro Farms Road near the 1-10 Interchange, Town of Marana Project No. 99-0076. Pursuant to Resolution Nos. 2002-93 and 2002-128, the Town's attorneys filed suit against Tucson Electric Power t o acquire a portion o f i ts property t o accommodate t he project. Recently, the Town's appraiser completed his appraisal of the property. The Town should offer to settle the pending case by paying the appraised amount of $287,303.00 for the property. RECOMMENDATION: Council's pleasure. SUGGESTED MOTION: I move to authorize the Town's attorneys to offer to settle the condemnation case, Town of Marana v. Tucson Electric Power, Pima County Superior Court No. C20024896, for the property appraisal amount of $287,303.00 total compensation.