HomeMy WebLinkAboutResolution 2020-053 Approving the Amended and Restated Development Agreement among the Pima County Flood Control District RESOLUTION NO. 2020-053
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR
TO SIGN THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT
AMONG THE PIMA COUNTY FLOOD CONTROL DISTRICT, THE TOWN OF
MARANA, ALTA VISTA COMMUNITIES RP LLC, AND I.T. INVESTMENTS THREE,
L.L.C. FOR CDO NORTH BANK IMPROVEMENTS, WEST OF THORNYDALE
WHEREAS the Town, the Pima County Flood Control District, Alta Vista
Communities RP LLC, and I.T. Investments Three, L.L.C. negotiated the terms of an
agreement to facilitate the construction of public flood control and linear park
improvements along the north bank of the Canana del Oro Wash between Interstate 10
and Thornydale Road; and
WHEREAS the agreement was approved by the adoption of Marana Resolution
No. 2019-020 on March 5, 2019; and
WHEREAS the agreement included the construction of proposed flood control
and linear park improvements across property owned by the Union Pacific Railroad,
but the parties to the agreement have been unable to secure the permissions and
property rights needed from the railroad and have instead prepared an amended and
restated development agreement that facilitates the construction of public flood control
and linear park improvements along the north bank of the Canana del Oro Wash
between the east boundary of the Union Pacific Railroad property and Thornydale
Road; and
WHEREAS paragraph 4.3 of the amended and restated agreement includes a
provision requiring the Town to quit claim to the Pima County Flood Control District
certain land and property rights located in and adjacent to the Canana del Oro Wash
and Carmack Wash and more particularly described in paragraph 1.1.4 of the
agreement; and
WHEREAS paragraph 7 of the amended and restated agreement has been
revised from the original version of the agreement to call for dedication to the Pima
County Flood Control District of Lot 3 of Aerie Riverwalk Final Plat, and requires the
Pima County Flood Control District to place covenants on Lot 3 enforceable by the
Town, limiting the use of Lot 3 to (i) amenities for the linear park, including comfort
stations, restrooms and parking; (ii) access for ordinary maintenance and repair of the
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linear park and/or the bank protection, including a storage shed not larger than 250
square feet for equipment, (iii) the temporary storage of heavy equipment during an
emergency or flood event as necessary to deal with the emergency, and (iv) any
additional uses approved by resolution adopted by the Marana Town Council; and
WHEREAS paragraph 8 of the amended and restated agreement provides among
other things that the Town will deem the property conveyed by the landowners toward
the CDO improvements to be included as part of the landowners' land holdings for all
applicable development review purposes including calculating density and lot coverage
ratios (such as maximum lot coverage), floor area ratios, and landscaped areas not
covered by buildings, and for determining permitted land uses; and provides for certain
Town landscaping and bufferyard requirements to be satisfied by the landscaping to be
provided under the amended and restated agreement; and
WHEREAS the Mayor and Council of the Town of Marana find that this
resolution and the amended and restated agreement it approves are in the best interests
of the Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA as follows:
Section 1. The Amended and Restated Development Agreement among the Pima
County Flood Control District, the Town of Marana, Alta Vista Communities RP LLC,
and I.T. Investments Three, L.L.C. for CDO North Bank Improvements, West of
Thornydale in substantially the form included with the agenda backup material
accompanying this resolution is hereby approved and the Mayor is authorized to sign it
for and on behalf of the Town of Marana, with the understanding that minor wording
revisions, updated exhibits, and references to revised versions of plans may be made to
the form of the amended and restated agreement without the need for it to be returned
to the Council for formal approval provided that the Town Attorney indicates, by
approval as to form, that the obligations of the Town are not changed from the version
of the amended and restated agreement found in the agenda backup material.
Section 2. The Town Manager is hereby directed and authorized to sign the quit
claim deed, quit-claiming to the Pima County Flood Control District the land and
property rights described in paragraph 1.1.4 of the amended and restated agreement.
Section 3. The Town Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms,
obligations, conditions, and objectives of this resolution and the amended and restated
agreement it approves.
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PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 19th day of May, 2020.
_I PI''
Mayor Ed Honea
ATTES..: APPROVED AS TO FORM:
er elk, „Noe
Cherry L. La son,Town Clerk Cas • , Town A .rney
MARANA AZ
ESTABLISHED 1977
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