HomeMy WebLinkAbout02-17-2004 Blue Sheets OnlyTOWN TOWN
COUNCIL OF
MEETING MARANA
iNFORMATION
DATE February 17, 2004
AGENDA ITEM: IX. fi.. 1
TO: Mayor and Council
FROM: Michael A. Reuwsaat, Town Manager
SUBJECT: Resolution No. 2004-18: Authorizing the renewal of an Intergovernmental
Agreement with Pima County for payment of incarceration of municipal prisoners.
DISCUSSION:
The Town of Marana and Pima County have entered into an Intergovernmental
Agreement (IGA) setting forth a fee schedule for the housing the municipal prisoners.
The IGA requires renewal on an annual basis, and the current IGA expires June 30, 2004.
The renewal of the IGA for the period July i, 2004 through June 30, 2005 will be $54.86
per billing day. A "billable" day includes a day or fraction of a day beginning at 0000
hours and ending at 2359 hours the same day. This fee encompasses each Town of
Marana prisoner who is an inmate in, or under the control of, detention facilities
maintained and operated by Pima County.
RECOMMENDATION:
Staff recommends that Council authorize the renewal of the IGA with Pima County for
the housing of municipal prisoners for the period July 1, 2004 through June 30, 2005, in
the amount of $54.86 per billable day.
SUGGESTED MOTION:
I move to approve Resolution No. 2004-18.
ADMIN/CLERK/02/10/2004
TOWN COUNCIL
MEETING
INFORMATION
TOWN
OF
MARANA
DATE: February 17, 2004
AGENDA ITEM: IX.A.2.
TO:
Mayor and Council
FROM: Jack Holden, Building Official
SUBJECT: Ordinance No. 2004.05: Solar Energy System Credit Increase
AGENDA
TITLE:
Ordinance No. 2004.05: Solar Energy System Credit Increase: An ordinance of the
Town of Marana, Arizona, amending Marana Town Code, Chapter 7, Article 7 3,
relating to building permit fees, to increase the building permit fee credit for new
homes with certain solar energy systems to $1,000.
DISCUSSION:
To encourage the use of solar energy systems, the Town currently provides a $500
building permit fee credit for new homes with certain solar energy systems, and waives
building permit fees to install those systems in existing homes.
Although solar energy systems provide significant energy savings over the life of a
home, their original cost is substantially higher than normal gas or electric systems. The
small number of home builders and homeowners who have taken advantage of the credit
since its December 18, 2001 adoption by Ordinance No. 2001.23 is an indication that
the existing $500 credit is not enough of an incentive to promote the use of solar energy
systems.
This proposed ordinance increases the solar energy credit to $1,000, significantly
reducing the amount of time it takes for a homeowner to recoup the higher original solar
energy system cost with energy savings.
As adopted by Ordinance No. 2001.23, the current program (which also includes certain
whole-house gray water systems, which are not affected by this ordinance)
automatically terminates on December 18, 2004 or when the cumulative credits total
$300,000, whichever occurs first. This ordinance does not modify those termination
provisions.
The proposed ordinance also clarifies some of the wording of Ordinance No. 2001.23
and re-numbers some of the affected Town Code sections.
Solar Energy Credit Bluesheet - 1- 2/11/2004 1:13 PM FJC
RECOMMENDATION:
Staff recommends that Mayor and Council adopt Ordinance No. 2004.05, increasing the
building permit fee credit to $1,000 for new homes with certain solar energy systems.
SUGGESTED MOTION:
I move to approve Ordinance No. 2004.05
Solar Energy Credit Bluesheet -2- 2/11/2004 1:13 PM FJC
TOWN COUNCIL
MEETING
INFORMATION
DATE: February 17, 2004
TOWN
OF
MARANA
AGENDA ITEM: IX.A.3
TO:
Mayor and Council
FROM:
Jaret Barr, Assistant to the Town Manager
SUBJECT:
Discussion/Direction: Approval of a reconstruction of the town owned building at
the "Heritage Park" to become a public building.
AGENDA BLURB:
Consideration and possible direction to staff to allocate some of the CIP funds
dedicated to the Heritage Park to rehabilitate the town owned house on the
property in order to properly comply with the town code and eventually be a
leased public building on the park site.
DISCUSSION:
Staff has been working with Southern Arizona Home Builders Association
(SAHBA) and other civic groups, including the Marana Arts Council (MAC) to
formulate a strategic partnership to rehab the house on the heritage park property,
include it in the long term heritage park plan, and find a public use in perpetuity
for the building to be occupied at market lease rote.
Staff would like to allocate CIP money dedicated to the park and its buildings
specifically, in part and at this time, to this building.
RECOMMENDATION:
Staff recommends authorizing the allocation of Heritage Park CIP funds to
rehabilitate the town owned house on the property.
SUGGESTED MOTION:
I move to approve.
Gladden Fan:ns Land DA Bluesheet for 2/17/04 Agenda - 1- 2/10/2004 2:28 PM FJC
TOWN COUNCIL
MEETING
INFORMATION
DATE: February 17, 2004
AGENDA ITEM: IX.B.1
TOWN
OF
MARANA
TO:
Mayor and Council
FROM:
Michael A. Reuwsaat, Town Manager
SUBJECT: Swearing in by oath the appointed members of the Board of Adjustment.
AGENDA TITLE:
The Town Clerk, on behalf of the Mayor and Council, will swear in by oath the
appointed members of the Board of Adjustments as passed in Resolution No.
2004-13.
DISCUSSION:
The Board of Adjustment serves as an appeals board. It is a quasi-judicial body
authorized to grant zoning variances, allow land uses which are permitted by
exception, and hear appeals on administrative staff decisions.
RECOMMENDATION:
Staff recommends approval of the administration of the oath.
SUGGESTED MOTION:
I move to approve.
-1-
TOWN COUNCIL
MEET1NG
INFORMATION
DATE: February 17, 2004
TOWN
OF
MARANA
AGENDA ITEM: IX.B.2
TO:
Mayor and Council
FROM: Kevin Kish, Interim Planning Director
SUBJECT: Resolution No. 2004-16: Twin Peaks Highland Revised Preliminary Plat
AGENDA
TITLE:
PUBLIC HEARING: Resolution No. 2004-16: Twin Peaks Highland Revised Preliminary
Plat: A resolution of the Mayor and Council of the Town of Marana, Ahzona, approving
the preliminary plat for PRV-03133, Twin Peaks Highland, submitted by D. R. Horton for
a 119-lot single family detached home subdivision on 29.78 acres located within the Pima
Farms North Specific Plan, located west of Silverbell Road, between Twin Peaks Road
and Coachline Boulevard, in a portion of Section 20, Township 12 South, Range 12 East.
DISCUSSION:
The Marana Planning Commission heard this project on January 28, 2004. There
was no opposition to the project and the Commission voted unanimously to
recommend approval to the Town Council.
This application is a Revised Preliminary Plat for a ll9-unit single-family
subdivision on 29.78 acres within the Pima Farms North Subdivision, located west
of Silverbell Road between Twin Peaks Road and Coachline Boulevard. The first
Preliminary Plat was approved by Town Council on February 4, 2003. After that
approval, E1 Paso Natural Gas reconsidered the alignment of the streets as they
affected the E1 Paso Natural Gas easement through the property and requested
revisions. In response to their concerns, the applicant worked with E1 Paso Natural
Gas on their own initiative to redesign the streets to lessen the impact of the
subdivision on their easement. This new street layout allows for the streets to cross
the easement at 90-degree angles, but leaves most of the easement in open space.
Because of the changes to the streets, the developer has been able to add five more
lots.
The access for the site is off of Silverbell Road. There are three interior loop roads
that provide access to the lots. The street cross-section for interior streets in the
project has a 42' right-of-way. There will be a temporary off-site mm-around at the
end of Moonfire Way where it will join with a street from Pima Farms Village, to
the south. Moonfire Way will be a through street from Silverbell connecting to the
subdivision to the south, and through to Pima Farms Road when the subdivision to
the south is built. An agreement between D.R. Horton and Diamond Ventures!
allows the turn-around to be built on Diamond Ventures land.
The existing land use designation is MDR (Medium Density Residential) per the
Bluesheet for Marana Resolution No. 2004-16 - 1- 2/11/2004 1:27 PM FJC
Pima Farms North Specific Plan. The developer is proposing a density of 4.0 RAC
which corresponds to a typical lot size of 6,000 square feet. New public streets total
0.82 miles. Maximum building height will be 24' or two-stories; however, the
developer has voluntarily limited the location of the two-story homes. Them will be
no two-story homes along Silverbell Road or on comer lots within the development.
In addition to the standard conditions, the developer has voluntarily created special
conditions that will assure the higher standards the developer wants to achieve.
Setbacks will be staggered from 20' to 23'. No more than two consecutive two-story
homes will be allowed adjacent to one another throughout the subdivision. No two
models with the same elevations shall be permitted adjacent to one another
throughout the subdivision. No two homes of the same color scheme shall be
permitted adjacent to one another throughout the subdivision. A note shall be placed
on the final plat that states "All building permit site plans shall give the setback
information for the lot to be permitted, and include the model number and elevation,
color scheme and single or two-story for the home being permitted and the adjacent
lots. No more than fifty percent of the homes within this subdivision shall be two-
story."
The rear 25' of lots 5 - 20 is designated as conservation area. No building, grading,
or improvements will be allowed in this area, with the exception of view fencing.
A recreation plan has been submitted for this project, and has been accepted by
Marana Parks and Recreation.
The Plat is in the Marana South Transportation Benefit Area, so impact fees will be
collected at the time of building permitting.
RECOMMENDATION:
Planning Staff recommends adoption of Resolution No. 2004-16, approving PRV-03133
Twin Peaks Highland Revised Preliminary Plat with the following conditions:
The trail public easement in the washes shall be increased to ten feet in width and
shown on the final plat.
No approval, permit, or authorization of the Town of Marana authorizes the
applicant or landowner to violate any applicable federal or state laws or
regulations, or relieves the applicant or landowner from responsibility to ensure
compliance with all applicable federal and state laws and regulations, including
the Endangered Species Act and the Clean Water Act. The applicant is advised to
retain appropriate experts and/or to consult with appropriate federal and state
agencies to determine any actions necessary to assure compliance with applicable
laws and regulations.
Development shall conform to Marana Ordinance 2004.04 relating to Residential
Design Requirements, as approved by the Town Council on January 20, 2004.
SUGGESTED MOTION:
I move to approve Resolution No. 2004-16 with the specified conditions.
Bluesheet for Marana Resolution No. 2004-16 -2- 2/11/2004 1:27 PM FJC
TOWN COUNCIL
MEETING
INFORMATION
DATE: February 17, 2004
TOWN
OF
MARANA
AGENDA ITEM: IX.B.3
TO:
FROM:
SUBJECT:
AGENDA
Mayor and Council
Kevin Kish, Interim Planning Director
Resolution No. 2004-17: Continental Reserve Block 15 Preliminary Plat
PUBLIC HEARING: Resolution No. 2004-17: Continental Reserve Block 15 Preliminary
TITLE:
Plat: A resolution of the Mayor and Council of the Town of Marana, A[i_'zona, approving a
preliminary plat on 19.80 acres, located in Block 15 of the Continental Reserve Block Plat,
within the Pima Farms Specific Plan area, consisting of a 66-1ot single family residential
subdivision. This property lies with'm Sections 28 and 33, Township 12 South, Range 12
East, on the south side of Continental Loop Road and west of Pima Reserve Drive.
DISCUSSION:
This project was heard by the Marana Planning Commission on January 28, 2004. The
Commission voted unanimously to recommend approval to the Town Council.
The project property is located within the Continental Reserve Master Planned Area,
south of Continental Reserve Loop Road, west of Pima Reserve Drive on Block 15 of
the Continental Reserve Final Block Plat. The land use designation within the Pima
Farms Specific Plan is MDR (Medium Density Residential) which allows for 3 to 6
residences per acre. This project provides lot sizes from a minimum of 7,621square feet
to a maximum of 17,070 square feet. Minimum setbacks are 20' front, 5' side and 10'
rear. Common Areas provided on the plat are "D", used for drainage, and "E", used for
landscaping.
This subdivision is affected by the Development Sensitive Overlay requirements as
stated in the Pima Farms Specific Plan. Buffers at the south property line are 50' per
the requirements of the Development Sensitive Overlay. The 50' buffer is not intended
to be undisturbed as it supports a utility easement, a driveway easement, and a trail
easement, but is a building setback. The maximum building height shall not exceed one
story or 24' in the Development Sensitive Overlay area, and lots adjacent to Continental
Reserve Loop are limited to single story. The densities are required to range between 2
and 3.5 residences per acre per requirements of the Pima Farms Specific Plan. This
subdivision is 3.3 PAC. Other restrictions apply to the Development Sensitive Overlay.
The Plat is in the Marana South Transportation Benefit Area, so impact fees will be
collected at the time of building permitting. Staff has reviewed the plat for conformance
with the Land Development Code, the General Plan, the Pima Farms Specific Plan, the
Continental Reserve Block Plat, and the Continental Reserve Production Homebuilder
Bluesheet for Marana Resolution No. 2004-17 - 1- 2/11/2004 2:06 PM FJC
Design Guidelines. Staff finds the proposal meets all applicable requirements.
The Master Developer of Continental Reserve has provided a regional park and an
extensive pedestrian and equestrian trail system. Individual blocks are not required to
provide on-site recreation. A developed trail entrance and connection will be required.
This project proposes one entrance from Continental Reserve Loop Road. Due to the
narrow shape of the pamel and the sensitive nature of the surrounding property it was
not possible to design a second entrance. Circulation within the project is achieved by
the use of two cul-de-sacs and a loop road. The street section utilizes a 44' right-of-way
with travel lanes of 14' wide. New public streets total 0.7 miles. All streets are public
in this project.
RECOMMENDATION:
The Planning Commission and Planning Staff recommend approval of PRV-03112
Continental Reserve Block 15 Preliminary Plat subject to Marana Ordinance 2004.04
relating to Residential Design Requirements, as approved by the Town Council on
January 20, 2004
SUGGESTED MOTION:
I move to approve Resolution No. 2004-17
Bluesheet for Marana Resolution No. 2004-17 -2- 2/11/2004 2:06 PM FJC
TOWN COUNCIL
MEET1NG
INFORMATION
DATE: February 17, 2004
TOWN
OF
MARANA
AGENDA ITEM: IX.B.4
TO:
FROM:
SUBJECT:
AGENDA
Mayor and Council
Kevin Kish, Interim Planning Director
Resolution No. 2004-20: Continental Reserve Block 16B Preliminary Plat
PUBLIC HEARING: Resolution No. 2004-20: continental Reserve Block 16B
TITLE:
DISCUSSION:
Preliminary Plat: A resolution of the Mayor and Council of the Town of Marana,
Arizona, approving the Continental Reserve Block 16B preliminary plat, consisting of
an 86-1ot detached home residential subdivision on approximately 29.5 acres within the
Pima Farms Specific Plan. The property is generally located at the southwestern comer
of Pima Reserve Drive and Wade Road within Sections 28 and 33, Township 12 South,
Range 12 East.
The Continental Reserve Final Block Plat was approved by the Town Council
February 15, 2000 by Resolution Number 2000-19. The approved plan allowed for
a density of 1,875 dwelling units distributed over 17 blocks. The Town Council
approved a lot-split of Block 16 of said Final Block Plat on July 15, 2003 by
Resolution 2003-83.
The applicant is requesting preliminary plat approval of an 86-1ot single family
detached home subdivision on approximately 29.5 acres within Block 16B. The
Pima Farms Specific Plan land use designation for Block 16B is "MDR" (Medium
Density Residential), which allows up to 6 RAC and stipulates a minimum average
lot size of 4,000 sq. ft. The proposed plat is for 2.9 RAC and provides an average lot
size of 9,221 sq. ft., with the smallest lot being 7,215 sq. ft. The Continental Reserve
Master Homeowner's Association has approved the proposed plat and will be
responsible for maintenance of private easements, common areas, and drainage
features.
Common area, including open space, drainage and utilities, is provided in the
amount of 6.1 acres. The Town will provide water service. Access to the proposed
subdivision is provided by Pima Reserve Drive via two access points (intersections).
The streets are public and their design has been accepted by the Town Engineer.
The Specific Plan requirement that homes built adjacent to Wade Road be one-story
has been inserted on the Plat as General Note #34. In addition, approximately 11
acres of the platted boundary is subject to the Development Sensitive Overlay Zone
Bluesheet for Marana Resolution No. 2004-20 - l- 2/11/2004 2:09 PM FJC
(General Note #37). The Overlay, as promulgated by the Specific Plan, restricts
development to one-story and allows a maximum density of 3.5 PAC. The Overlay
requirements and the standards and restrictions established by the Block Plat Natural
Resource Easement have been reviewed by staff and the Master Homeowner's
Association's Design Review Committee. This project conforms to all applicable
standards.
The Plat is located in the Marana South Transportation Benefit Area, so impact fees
will be collected at the time of building permitting. Staff has reviewed the plat for
conformance with the Land Development Code, the General Plan, the Pima Farms
Specific Plan, the Continental Reserve Block Plat, and the Continental Reserve
Production Homebuilder Design Guidelines. Staff finds that the proposal meets all
applicable requirements.
Recommended Condition:
The Continental Reserve Block 16B Preliminary Plat shall be subject to Marana
Ordinance 2004.04 relating to Residential Design Requirements, as approved by
the Town Council on January 20, 2004.
RECOMMENDATION:
The Planning Commission and Staff recommend that the Town Council approve
Resolution No. 2004-20 as presented, subject to the recommended condition.
SUGGESTED MOTION:
I move to approve Resolution No. 2004-20.
Bluesheet for Marana Resolution No. 2004-20 -2- 2/11/2004 2:09 PM FJC
TOWN COUNCIL
MEETING
INFORMATION
TOWN
OF
MARANA
DATE: February 17, 2004
AGENDA ITEM: IX.B.5
TO:
FROM:
SUBJECT:
AGENDA
Mayor and Council
Mike Reuwsaat, Town Manager
Resolution No. 2004-23: Gladden Farms Community Facilities District
PUBLIC HEARING: Resolution No. 2004-23: Gladden Farms Community
TITLE:
Facilities District: Consideration and possible adoption of a Resolution of the
Mayor and Common Council of the Town of Marana, Arizona, a municipal
corporation of Arizona, ordering and declaring formation of Gladden Farms
Community Facilities District; approving and authorizing the execution and
delivery of a District Development, Financing Participation and Intergovernmental
Agreement (Gladden Farms Community Facilities District) and declaring an
emergency.
DISCUSSION:
This action item is related to the January21, 2004 Mayor and Council study
session on community facilities districts (CFDs) and the proposed Gladden Farms
CFD. This item should be considered in conjunction with agenda item IX.B.6 on
this agenda relating to proposed Resolution No. 2004-24 authorizing the execution
of a land development agreement with Gladden Forest, L.L.C. (the "Developer")
entitled "First Amendment to Gladden Farms Development Agreement."
This resolution authorizes the execution of a District Development, Financing
Participation and Intergovernmental Agreement (Gladden Farms Community
Facilities District) (the "CFD Agreement") concerning matters related to the
creation of the Gladden Farms CFD. It also takes all steps necessary to order and
declare formation of the Gladden Farms CFD. The Mayor and Council of the
Town of Marana will serve as the Board of Directors of the Gladden Farms CFD
(the "CFD Board"), the Town Manager will serve as the CFD Manager, the Town
Engineer will act as the CFD Engineer, the Town Attorney will act as the CFD
Attorney, and other Town officials will act in their same capacity for the CFD.
One or more of the CFD positions may eventually be contracted to outside
personnel; for example, it is likely that an outside engineering firm will be
substituted as CFD Engineer, to accept and inspect public infrastructure acquired
or constructed by the CFD.
By a resolution of its own, the CFD Board will schedule a May 18, 2004 election
to authorize the sale of a total of $69,000,000 in bonds over the life of this CFD.
The CFD Agreement allows control by the Developer until the first $23,000,000
in bonds are issued or twenty years, whichever occurs first. It is anticipated that
this first $23,000,000 in bonds, if the CFD Board decides to sell them, will be used i
Gladden Farms CFD Bluesheet for 2/17/04 Agenda - 1- 2/12/2004 9:49 AM FJC
to reimburse the Developer for public infrastructure constructed by it in and for
the benefit of Gladden Farms, including certain infrastructure addressed in
Exhibit B to the CFD Agreement and in the First Amendment to Gladden Farms
Development Agreement, which must be provided by the Developer and its parent
company. The remaining bond authorization will be available to fund later public
infrastructure projects to the extent they benefit Gladden Farms.
These documents anticipate a maximum secondary tax rate of $2.80 per $100 of
assessed valuation, which includes $.30 per $100 for operation and maintenance
expenses. The actual rate could go higher, if for some reason the total assessed
valuation within the CFD falls or some other unforeseen event makes it necessary
to raise the tax rote to cover the bond obligations.
The Developer's financial obligations under these documents or as a result of
forming this CFD include (a)payment of a $75,000 non-refundable up-front
charge, (b)an annual obligation to pay up to $100,000 in CFD operation and
maintenance costs, to the extent such costs are not covered by the $.30 per $100
operation and maintenance tax, (c)a letter of credit in the face amount of
$300,000 to cover future CFD operation and maintenance costs, if the Developer
defaults in its annual operation and maintenance cost reimbursement obligation,
(d) deposit $25,000 with the Town to cover initial costs of the CFD prior to the
levy of the $.30 per $100 operation and maintenance tax, (e) the obligation to
provide standby contributions to cover any difference in the amount necessary to
pay annual financial obligations with respect to all outstanding bonds and the
amount generated by a tax rate of no more than $2.50 per $100 of assessed
valuation, and (f') the obligation, at the CFD Board's discretion, to deposit twice
the maximum annual debt service for any fiscal year (in addition to the reserve
fund in the amount of up to one year's debt service paid out of bond proceeds, at
the discretion of the CFD Board).
Mr. Michael Cafiso and Mr. Mark Reader will be in attendance to assist staff in
answering any questions Council may have. Messrs. Cafiso and Reader are the
Town's bond counsel and financial advisor, respectively.
ATTACHMENTS: 1. Map (reduced copy of the Gladden Farms Block Plat cover sheet)
2. Resolution No. 2004-23.
3. Petition for Adoption of a Resolution Ordering and Declaring Formation of
Gladden Farms Community Facilities District (Exhibit A to Resolution
No. 2004-23)
4. District Development, Financing Participation and Intergovernmental
Agreement (Gladden Farms Community Facilities District)
5. General Plan for the Proposed Gladden Farms Community Facilities District
RECOMMENDATION:
Staff recommends approval of Resolution No. 2004-23, ordering and declaring
formation of Gladden Farms Community Facilities District; approving and
authorizing the execution and delivery of a District Development, Financing
Gladden Farms CFD Bluesheet for 2/17/04 Agenda -2- 2/12/2004 9:49 AM FJC
Participation and Intergovernmental Agreement (Gladden Farms Community l
Facilities District) and declaring an emergency.
SUGGESTED MOTION:
I move to approve Resolution No. 2004-23.
Gladden Farms CFD Bluesheet for 2/17/04 Ag?da -3- 2/12/2004 9:49 AM FJC
TOWN COUNCIL
MEETING
INFORMATION
DATE: February 17, 2004
TOWN
OF
MARANA
AGENDA ITEM: IX.B.6
TO:
FROM:
SUBJECT:
AGENDA
Mayor and Council
Mike Reuwsaat, Town Manager
Resolution No. 2004-24: First Amendment to Gladden Farms Development
Agreement
Resolution No. 2004-24: First Amendment to Gladden Farms Development
TITLE:
Agreement: Consideration and possible adoption of a resolution of the Mayor and
Council of the Town of Marana, Arizona, approving and authorizing the execution
and delivery of a First Amendment to Gladden Farms Development Agreement
with Gladden Forest, L.L.C. and declaring an emergency.
DISCUSSION:
This item should be considered in conjunction with agenda item IX.B.5 on this
agenda relating to proposed Resolution No. 2004-23 authorizing the formation of
the Gladden Farms Community Facilities District.
During negotiations with Gladden Forest regarding the proposed formation of a
community facilities district (CFD) for the Gladden Farms project, several land
development issues came under discussion. This proposed land development
agreement amendment is one of the products of those negotiations. It addresses the
following key issues, among others:
Access to Heritage Park. By December 31, 2004, the Developer is required to
complete the construction of Gladden Farms Drive and the portion of new
"Heritage Park Road" from the southern terminus of Gladden Farms Drive to the
property line adjacent to the existing Heritage Park House.
Gladden Farms Regional Park. The Developer is now required to begin
construction of Gladden Farms Regional Park not later than the issuance of the
building permit for the 600th home in Gladden Farms and completed within twelve
months. During that same period, Heritage Park Road will be extended from the
Heritage Park House to the Gladden Farms Regional Park. The Developer's
obligation under the original development agreement to extend Lon Adams Road
in time to serve Gladden Farms Regional Park's opening has been eliminated.
Initial access to the regional park will be provided by Heritage Park Road.
Tangerine Farms Road. The original development agreement obligated the Town
to use its best efforts to form an improvement district for the construction of
Tangerine Farms Road to connect the Gladden Farms project to the western
Gladden Farms Land DA Bluesheet for 2/17/04 Agenda - l- 2/11/2004 1:41 PM FJC
terminus of existing Tangerine Road and to Interstate I0, but left to further
negotiation what would occur if the Town does not form the improvement district.
With this amendment, the Town remains obligated to use its best efforts to form
the improvement district. If it is not formed by January 1, 2006, this amendment
obligates the Developer to:
· Construct the full four-lane cross-section of Tangerine Farms Road within
the Gladden Farms development.
· Acquire all necessary right-of-way for and construct a "least possible
cost .... temporary" paved extension connecting the existing western
terminus of Tangerine Road to the eastern boundary of the Gladden Farms
development.
The Developer's obligation under the second bullet-point above has four
conditions and limitations:
1. The Developer's total outlay for right-of-way acquisition and road
construction is capped at $1,000,000.
2. The obligation disappears if the Developer is unable to buy the necessary
right-of-way by negotiation and the Town refuses to acquire it by
condemnation. The exercise of eminent domain is a legislative power that
cannot be bargained away by contract. This condition is essentially an
acknowledgement that the Developer cannot be required to build a road if
it cannot get the necessary right-of-way and the Town refuses to use its
power of eminent domain to get it. The Developer is required to pay all
costs of any condemnation action and judgment, subject to the $1,000,000
cap.
3. The obligation does not arise unless and until the CFD has sold a
cumulative total of $3,000,000 in bonds. The decision to sell bonds is
another discretionary government act which cannot be bargained away by
contract. This assures that the Developer will have received a substantial
financial benefit from the CFD before being required to proceed.
4. The obligation does not arise unless and until the Town has adopted a
transportation development impact fee to fund major arterial roadways in
northwest Marana. The adoption of an ordinance imposing a
transportation development impact fee is another legislative act. Since
Tangerine Farms Road will provide regional benefits, this provision
assures that those who benefit will also share in the cost of building the
road. The amendment also provides for reimbursement to the Developer
out of transportation development impact fees to the extent the Tangerine
Farms Road extension acquires or constructs the ultimate right of way or
improvements covered by the impact fee.
Other Provisions. Other provisions of the land development agreement
amendment include (a) reduction of the overall Gladden Farms unit cap from 2012
to 1850, no more than 243 of which may be south and west of Tangerine Farms
Road, (b) prompt processing of rezoning requests, (c) submission of a re-plat to
show new roads and remove roads functionally replaced by the new roads,
(d) revision of the proposed phasing schedule to reflect current market conditions,
Gladden Farms Land DA Bluesheet for 2/17/04 Agenda -2- 2/11/2004 1:41 PM FJC
and (e) revision of the dispute resolution procedures to conform to those required
by the Town's land use liability insurance coverage.
ATTACHMENTS:
1. Resolution No. 2004-24
2. First Amendment to Gladden Farms Development Agreement (Exhibit A
to Resolution No. 2004-24)
RECOMMENDATION:
Staff recommends approval of Resolution No. 2004-24, authorizing the execution
and delivery of the First Amendment to Gladden Farms Development Agreement
with Gladden Forest, L.L.C. and declaring an emergency.
SUGGESTED MOTION:
I move to approve Resolution No. 2004-24.
Gladden Fan~s Land DA Bluesheet for 2/17/04 Agenda -3- 2/11/2004 I:41 PM FJC
TOWN TOWN
COUNCIL OF
MEETING MARANA
INFORMATIO
N
DATE: February 17, 2004
AGENDA ITEM: IX. B. 7
TO: Mayor and Council
FROM: Michael A. Reuwsaat, Town Manager
SUBJECT: State Legislative Issues - Discussion/Direction/Action regarding all pending
bills before the Legislature
DISCUSSION:
This item is scheduled for each regular Council Meeting in order to provide an
opportunity to discuss any legislative item that might arise during the current session of
the State Legislature. Michael Racy will be present to discuss this update.
RECOMMENDATION:
Upon the request of Council, staff will be pleased to provide recommendations on
specific legislative issues.
SUGGESTED MOTION:
None required.
ADMIN/MCI-IJJCE2/11/20048:24 AM