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HomeMy WebLinkAboutRegular Council Meeting Agenda Packet 09-21-2021MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 21, 2021, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on September 21, 2021, at or after 6:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all electronic devices. Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 6:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and/or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Marana Regular Council Meeting 09/21/2021 Page 1 of 412 Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520) 382-1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.maranaaz.gov under Agendas and Minutes. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at (520) 382-1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.maranaaz.gov under Agendas and Minutes.   REGULAR COUNCIL MEETING             CALL TO ORDER AND ROLL CALL   PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE   APPROVAL OF AGENDA   CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda.Marana Regular Council Meeting 09/21/2021 Page 2 of 412 future agenda.   PROCLAMATIONS   PR1 Proclamation recognizing the week of September 27 - October 3, 2021 as, "Diaper Need Awareness Week" (Cherry L. Lawson)   MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS   MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS   PRESENTATIONS   P1 Relating to Budget; presentation of preliminary year-end results (July-June) for the Town's General Fund and other selected major funds for the 2020-2021 fiscal year (Yiannis Kalaitzidis)   CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately.   C1 Relating to Procurement; ratifying the Town Manager's approval of a change order to the Kittelson & Associates design contract for the Lon Adams Road Reconstruction (ST068) in the amount of $4,988.00; authorizing the transfer of appropriations, if necessary, for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order (Mo El-Ali)     C2 Resolution No. 2021-127: Relating to Budget; approving the transfer of up to $500,000 in budgeted expense authority from the Transportation Fund for Project ST098 Tangerine Road Widening, Phase 2A in the fiscal year 2021-2022 budget to the Water Capital Fund to pay for anticipated costs associated with a new project for the design of a water main to coincide with the project (Yiannis Kalaitzidis).    C3 Resolution No. 2021-128: Relating to Police Department; approving and Marana Regular Council Meeting 09/21/2021 Page 3 of 412 C3 Resolution No. 2021-128: Relating to Police Department; approving and authorizing the Chief of Police to execute a Program Funded Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for Fiscal Year 2022 (Libby Shelton)   C4 Resolution No. 2021-129: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the State of Arizona by and through its Department of Transportation and the Town of Marana for funding for the Tangerine Road widening project (Mo El-Ali)    C5 Resolution No. 2021-130: Relating to Addressing; renaming two streets in The Village at Barnett subdivision, located at the northeast corner of Sanders Road and Barnett Road (Spencer Hickman)   C6 Approval of the Regular Council Meeting Summary Minutes of September 7, 2021 (Cherry L. Lawson)   LIQUOR LICENSES   BOARDS, COMMISSIONS AND COMMITTEES   COUNCIL ACTION   A1 PUBLIC HEARING: Ordinance No. 2021.019: Relating to Development; approving a rezoning of approximately 47 acres of land, generally located on the northwest corner of Barnett Road and Sandario Road, from R-6 (Residential) to R-4 (Residential) (Cynthia Ross)   A2 PUBLIC HEARING: Ordinance No. 2021.020: Relating to Development; approving an amendment to the Gladden Farms II Specific Plan to revise the land use designation of Block 38B and Block 43, generally located north of Tangerine Road and west of the Clark Farms Road alignment, from Commercial (C) to High-Density Residential (HDR); approving and authorizing the Mayor to sign the Sixth Amendment to the Gladden Farms II Development Agreement and the First Amendment to the Development Agreement regarding Development Impact Fee Credits for Gladden Farms II (Cynthia Ross and Jane Fairall)   Resolution No. 2021-131: Relating to Development; declaring as a public record filed with the Town Clerk the amended Gladden Farms II Specific Plan adopted by Ordinance No. 2021.020 (Cynthia Ross)   Marana Regular Council Meeting 09/21/2021 Page 4 of 412   A3 Resolution No. 2021-132:  Relating to Administration; approving and authorizing the Finance Director to execute Amendment Two to the Inmate Work Contract between the Town of Marana, the Arizona Department of Corrections and the Management & Training Corporation for inmate labor services (Libby Shelton)   ITEMS FOR DISCUSSION / POSSIBLE ACTION   D1 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Terry Rozema)      EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters.   E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A).      FUTURE AGENDA ITEMS Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B).   ADJOURNMENT     Marana Regular Council Meeting 09/21/2021 Page 5 of 412      Council-Regular Meeting   PR1        Meeting Date:09/21/2021   From:Cherry L. Lawson, Town Clerk Date:September 21, 2021 Subject:Proclamation recognizing the week of September 27 - October 3, 2021 as, "Diaper Need Awareness Week" (Cherry L. Lawson) Attachments Proclamation - Diaper Need Awareness Week Marana Regular Council Meeting 09/21/2021 Page 6 of 412 Marana Regular Council Meeting 09/21/2021 Page 7 of 412      Council-Regular Meeting   P1        Meeting Date:09/21/2021   To:Mayor and Council From:Yiannis Kalaitzidis, Finance Director Date:September 21, 2021 Strategic Plan Focus Area: Not Applicable Subject:Relating to Budget; presentation of preliminary year-end results (July-June) for the Town's General Fund and other selected major funds for the 2020-2021 fiscal year (Yiannis Kalaitzidis) Discussion: The purpose of this item is to present a summary of the Town's preliminary year-end financial results for the Town's General Fund and other selected major funds for fiscal year 2020-21. It is important to note that these results are preliminary, unaudited and subject to change based upon adjusting entries, as necessary. The attached provides a high level revenue summary, expenditure summary, and anticipated ending balances at the year-end. Revenue Overall, revenues and other financing sources are above expectations for the Town's General Fund and other selected funds largely fueled by a combination of ongoing federal relief funds and low interest rates which have boosted most sectors of the economy, but also due to a reduced budget for fiscal year 2020-2021 in anticipation of the impact of the pandemic to the economy.   Staff will provide additional detail about fourth quarter major revenue stream collections during the presentation.   General Fund revenue is significantly above budgeted expectations and projected to come in about 22% above budgeted amounts, primarily impacted by retail sales taxes, which are higher than ever before, and Single Family Resident (SFR) permits.  It should be noted that all revenue categories were higher than prior year actual revenues.   Highway User Revenue Fund (HURF) revenues resulting from the collection of fees and Marana Regular Council Meeting 09/21/2021 Page 8 of 412 taxes from users of the State’s roads and highways, were also above budgeted expectations but only slightly above total prior year revenues.   Revenues for the Transportation Fund which comprises 75% of all contracting taxes collected and used for new road construction and reconstruction projects are significantly higher than anticipated at 29% above budgeted expectations due to a combination of conservative budgeting and significantly stronger than anticipated revenues spurred by low interest rates.  However, total revenues were lower that prior year amounts due to the timing of construction for projects. Revenues for the Bed Tax Fund, which accounts for the portion of bed tax revenues restricted for tourism related costs, met expectations after a strong recovery in the last quarter of the fiscal year, a trend that appears to continue in the new fiscal year. Revenues for the Water and Water Reclamation Funds exceeded expectations for the fiscal year due to stronger than anticipated account growth directly related with the high demand for new housing in Marana. Revenues for the Airport are above budgeted levels when excluding a planned operating transfer between funds primarily due to one-time revenues realized from the parking of commercial aircraft, but also due to higher than anticipated fuel revenues. Additional detail on these variances and other listed funds is included within the visualization slides attached to this item. Expenditures Expenditures in all funds are at or below expectations through the fourth quarter.  This is primarily attributable to vacancy savings, operational efficiencies and also the timing of capital projects some of which will commence later than anticipated, such as the construction of the Lon Adams road rehabilitation.  Also, certain purchases such as vehicles were deferred to the next fiscal year due to the impact of the pandemic, which has delayed deliveries by as much as 9 months.  Additional detail on these variances and other funds are included within the visualization slides attached to this item.    General Fund Balance and Reserves Based upon preliminary year-end results for fiscal year 2020-2021, we expect General Fund reserves of approximately $30 million available to use for one-time projects and other one-time needs by the end of fiscal year 2021-2022.  This balance excludes items like the General Fund reserve of 25% of budgeted revenues, or $13.4 million, the $5 million of contingency budget capacity in next year’s budget and money set aside as part of the Town’s equipment and vehicle replacement program, which are available to support continued, efficient and uninterrupted service delivery. Please find a General Fund available impact slide attached to this Council report which breaks out in greater detail the various obligations of the General Fund.  The amount of available fund balance will change as the Town reconciles and closes the books for fiscal year 2020-2021. The preliminary year-end update will be available on the Town's website following tonight’s meeting. The public may interact with the Power BI tool by drilling down into the data.  The tool can be found on the following page after the Council meeting: Marana Regular Council Meeting 09/21/2021 Page 9 of 412 http://www.maranaaz.gov/financial-documents  Staff Recommendation: Presentation only. Suggested Motion: Presentation only. Attachments General Fund Estimated balances Preliminary Year-end presentation Marana Regular Council Meeting 09/21/2021 Page 10 of 412 GENERAL FUND AVAILABLE BALANCES $8.2 $8.9 $9.3 $10.3 $11.0 $11.2 $11.8 $13.6 $13.4 $10.2 $9.7 $7.0 $7.9 $8.6 $14.6 $24.3 $35.7 $30.1 $- $10 $20 $30 $40 $50 $60 F/Y 2014 F/Y 2015 F/Y 2016 F/Y 2017 F/Y 2018 F/Y 2019 F/Y 2020 F/Y 2021*F/Y 2022*MILLIONSTarget Reserve Available PRELIMINARY YEAR END RESULTS FY21 Note: Balances presented exclude other assigned balances. *Estimated ending balances based on projections Marana Regular Council Meeting 09/21/2021 Page 11 of 412    Financial Brief: Fourth Quarter Fiscal Year 2020 – 2021 Prepared by: Finance Department Marana Regular Council Meeting 09/21/2021Page 12 of 412 Contents Summary 1 General Fund Revenues 2 General Fund Expenses 3 HURF Revenues 4 HURF Expenses 5 Transportation Fund Revenues 6 Transportation Fund Expenses 7 Bed Tax Fund Revenues 8 Bed Tax Fund Expenses 9 Water Revenues 10 Water Expenses 11 Water Reclamation Revenues 12 Water Reclamation Expenses 13 Airport Revenues 14 Airport Expenses 15 Marana Regular Council Meeting 09/21/2021Page 13 of 412 9/10/2021 SUMMARY TAB 1/1 EXPENDITURES FY 2021 Budget Actual % Budget 48,168,333 4,166,655 21,647,629 1,092,603 7,658,018 2,497,887 585,178 44,974,604 3,702,599 11,456,595 887,697 7,255,134 2,525,168 858,218 93% 89% 53% 81% 95% 101% 147% OVER/UNDER YTD Over/Under 16,825,596 578,733 -3,972,414 205,536 1,914,616 1,110,294 60,468 REVENUES Fund  FY 2021 Budget Actual % Budget GENERAL FUND HURF TRANSPORTATION FUND BED TAX FUND WATER FUND WATER RECLAMATION FU… AIRPORT FUND 50,265,356 3,281,296 5,800,000 1,104,840 7,065,276 2,681,248 585,178 61,466,469 4,281,332 7,506,876 1,093,233 9,171,581 3,402,962 423,040 122% 130% 129% 99% 130% 127% 72% FISCAL YEAR 2020 - 2021 FOURTH QUARTER FINANCIAL BRIEF This financial brief is intended to provide a broad overview and status of revenues and expenditures for the Town's selected major funds through the fourth quarter of fiscal year 2021 (July 2020 - June 2021). Major funds included in this financial brief are the General Fund, Highway User Revenue Fund (HURF), Bed Tax Fund and Transportation Fund. Also included are the enterprise funds Airport, Water, and Water Reclamation. Please note that all amounts are preliminary, un-audited and subject to change based upon adjusting entries, as necessary. The table below shows an overview for each fund. Click HERE for a User Guide and FAQ about this report 1Marana Regular Council Meeting 09/21/2021 Page 14 of 412 9/10/2021 GENERAL FUND 1/1 General Fund Relevant Information  The General Fund is the Town's primary operating fund. Sales Tax, Intergovernmental Revenues and Licenses, Fees, & Permits make up 95% of budgeted revenues for the fund. Fourth quarter collections are above expected levels for FY2021 due to stronger than anticipated activity in most categories. Intergovernmental Revenues are amounts received from the State's shared revenue program and are distributed based upon population estimates and economic conditions. Licenses, Fees, & Permits include Single Family Residential (SFR) permit revenue. Other revenues, comprised of various sources include investment income earnings, AMRRP dividends and budgeted transfers-in from AZ CARES funding. Category 2019 2020 2021  Sales Tax Intergovernmental Licenses, Fees, & Permits Charges for Services Other 28,972,723 12,012,620 5,851,394 582,922 2,769,219 30,497,789 13,098,547 5,992,340 510,232 6,370,726 33,846,720 15,371,516 7,226,983 657,048 4,364,201 Total 50,188,878 56,469,634 61,466,469 Category  FY 2021 Budget Actual % Budget Sales Tax Intergovernmental Licenses, Fees, & Permits Charges for Services Other 24,389,464 13,435,743 4,427,112 563,000 7,450,037 33,846,720 15,371,516 7,226,983 657,048 4,363,149 139% 114% 163% 117% 59% Total 50,265,356 61,465,418 122% Select Revenue or Expense EXPENSES REVENUES 0M 50M61M 0M 10M 20M 30M 40M Sales Tax Intergovernmental Licenses, Fees, & Permits Other Year 2019 2020 2021 REVENUES FY 2020-2021 FOURTH QUARTER: GENERAL FUND 2Marana Regular Council Meeting 09/21/2021 Page 15 of 412 9/10/2021 GENERAL FUND 1/1 General Fund Relevant Information  General Fund expenses through the fourth quarter of FY2021 are overall as expected. Capital Outlay is less than anticipated due to the downtown visitor center project coming in under budget and court jury assembly room project being carried forward into the next fiscal year. Other Financing Uses is related to budgeted transfers, some of which are yet to occur as the Town reconciles and closes the books for the year. Category 2019 2020 2021  Personnel & Benefits Contracted Services Operating Supplies & Equipm… Capital Outlay Other Financing Uses 27,959,081 5,466,830 5,413,555 1,093,813 3,730,917 29,957,935 5,140,196 5,606,589 1,675,482 4,749,652 30,268,994 4,630,889 4,779,406 992,794 4,302,521 Total 43,664,196 47,129,854 44,974,604 Category  FY 2021 Budget Actual % Budget Personnel & Benefits Contracted Services Operating Supplies & Equipment Capital Outlay Other Financing Uses 30,404,536 5,681,693 5,815,466 1,572,723 4,693,915 30,268,994 4,630,889 4,779,406 992,794 4,302,521 100% 82% 82% 63% 92% Total 48,168,333 44,974,604 93% Select Revenue or Expense EXPENSES REVENUES 0M 48M45M 0M 10M 20M 30M Personnel & Benefits Contracted Services Operating Supplies & Equipment Capital Outlay Year 2019 2020 2021 EXPENSES FY 2020-2021 FOURTH QUARTER: GENERAL FUND 3Marana Regular Council Meeting 09/21/2021 Page 16 of 412 9/10/2021 HURF 1/1 HURF Relevant Information  The Highway User Revenue Fund or HURF is set by the collection of fees and taxes from users of the State's roads and highways which the State collects. Cities and towns receive a percentage of revenues based on population estimates and gasoline sales within each county. Fourth quarter HURF revenue collections are above forecasted levels due to better than anticipated activity. Charges for services are payment in lieu of fees collected from third parties to be expended for the preservation of roads. Other revenue is comprised of investment income. Category 2019 2020 2021  Intergovernmental Charges for Services Other 3,607,631   39,943 3,825,665 256,695 156,695 3,956,482 324,246 603 Total 3,647,574 4,239,055 4,281,332 Category  FY 2021 Budget Actual % Budget Intergovernmental Charges for Services Other 3,276,296 0 5,000 3,956,482 324,246 603 121% 0% 12% Total 3,281,296 4,281,332 130% Select Revenue or Expense EXPENSES REVENUES 0M 3M4M 0M 1M 2M 3M 4M Intergovernmental Charges for Services Other Year 2019 2020 2021 REVENUES FY 2020-2021 FOURTH QUARTER: HURF 4Marana Regular Council Meeting 09/21/2021 Page 17 of 412 9/10/2021 HURF 1/1 HURF Relevant Information  HURF expenses are slightly below budgeted amounts through the fourth quarter of FY2021. Contracted Services includes amounts carried forward from the previous year as well as current year amounts spent toward the Town's Pavement Preservation Program which was completed as planned and below initial cost estimates. Operating Supplies & Equipment are below budgeted levels due to savings in fuel and oil and in utility costs, as the Town continues the process of converting to LED street lamps. Capital Outlay is associated with vehicle/equipment purchases and capital projects that will be completed next fiscal year. Other Financing Uses is restricted budget for possible monsoon storm damage or other unanticipated needs. Category 2019 2020 2021  Personnel & Benefits Contracted Services Operating Supplies & Equipm… Capital Outlay 12,900 1,442,758 531,523 499,487   3,354,679 220,631 505,706   2,754,594 180,283 767,722 Total 2,486,666 4,081,016 3,702,599 Category  FY 2021 Budget Actual % Budget Contracted Services Operating Supplies & Equipment Capital Outlay Other Financing Uses 2,999,230 240,000 848,710 78,715 2,754,594 180,283 767,722   92% 75% 90%   Total 4,166,655 3,702,599 89% Select Revenue or Expense EXPENSES REVENUES 0M 4M4M 0M 1M 2M 3M 4M Personnel & Benefits Contracted Services Operating Supplies & Equipment Capital Outlay Year 2019 2020 2021 EXPENSES FY 2020-2021 FOURTH QUARTER: HURF 5Marana Regular Council Meeting 09/21/2021 Page 18 of 412 9/10/2021 TRANSPORTATION FUND 1/1 Transportation Fund Relevant Information  The Transportation Fund is comprised of 75% of all contracting taxes collected by the Town and is to be used for new road construction and reconstruction projects. Annual revenue collections are significantly higher than anticipated due to strong residential housing activity (1,067 SFR permits issued vs. 617 budgeted for the year) and commercial construction spurred by low interest rates. Other revenue is comprised of investment income. Category 2019 2020 2021  Sales Tax Other 8,101,697 259,317 8,657,955 186,302 7,378,783 128,092 Total 8,361,015 8,844,257 7,506,876 Category  FY 2021 Budget Actual % Budget Sales Tax Other 5,750,000 50,000 7,378,783 128,092 128% 256% Total 5,800,000 7,506,876 129% Select Revenue or Expense EXPENSES REVENUES 0M 6M8M 0M 2M 4M 6M 8M 10M Sales Tax Other Year 2019 2020 2021 REVENUES FY 2020-2021 FOURTH QUARTER: TRANSPORTATION FUND 6Marana Regular Council Meeting 09/21/2021 Page 19 of 412 9/10/2021 TRANSPORTATION FUND 1/1 Transportation Fund Relevant Information  Transportation Fund expenses are below budgeted levels through the end of FY2021. Operating Supplies & Equipment is associated with ongoing developer reimbursements paid on a semi-annual basis. Developer rebates were greater than expected due to an unanticipated boom in construction activity. Capital Outlay is associated with CIP projects many of which were delayed into future years which is why actual expenses were much lower than budgeted. Other Financing Uses is associated with planned transfers related to debt service. Category 2019 2020 2021  Personnel & Benefits Operating Supplies & Equipm… Capital Outlay Debt Service Other Financing Uses 31,591 730,617 10,592,347 19,534 788,706   979,395 4,720,199 19,752 691,899   1,323,442 9,421,469 18,029 693,655 Total 12,162,795 6,411,245 11,456,595 Category  FY 2021 Budget Actual % Budget Operating Supplies & Equipment Capital Outlay Debt Service Other Financing Uses 996,200 19,828,848 0 822,581 1,323,442 9,421,469 18,029 693,655 133% 48% 0% 84% Total 21,647,629 11,456,595 53% Select Revenue or Expense EXPENSES REVENUES 0M 22M11M 0M 5M 10M Personnel & Benefits Operating Supplies & Equipment Capital Outlay Year 2019 2020 2021 EXPENSES FY 2020-2021 FOURTH QUARTER: TRANSPORTATION FUND 7Marana Regular Council Meeting 09/21/2021 Page 20 of 412 9/10/2021 BED TAX FUND 1/1 Bed Tax Fund Relevant Information  The Bed Tax Fund accounts for the collection of the discriminatory portion of revenues restricted for tourism initiatives. Fourth quarter revenue collections for FY2021 are slightly below forecasted levels as anticipated given the impact of the pandemic on the hospitality industry. However, hotel occupancy rates and revenue have shown a consistent positive trend in the fourth quarter, on par with pre-pandemic levels. Category 2019 2020 2021  Sales Tax Other 1,429,401 3,212 1,288,972   1,093,233   Total 1,432,613 1,288,972 1,093,233 Category  FY 2021 Budget Actual % Budget Sales Tax 1,104,840 1,093,233 99% Total 1,104,840 1,093,233 99% Select Revenue or Expense EXPENSES REVENUES 0M 1M1M 0.0M 0.5M 1.0M 1.5M Sales Tax Year 2019 2020 2021 REVENUES FY 2020-2021 FOURTH QUARTER: BED TAX FUND 8Marana Regular Council Meeting 09/21/2021 Page 21 of 412 9/10/2021 BED TAX FUND 1/1 Bed Tax Fund Relevant Information  As a whole, the Bed Tax Fund was below forecasts primarily due to reduced travel, advertising and consulting services which were deferred due to the impact of the pandemic. Category 2019 2020 2021  Personnel & Benefits Contracted Services Operating Supplies & Equipment 112,507 750,098 120,929 133,245 687,048 482 139,718 747,761 217 Total 983,535 820,775 887,697 Category  FY 2021 Budget Actual % Budget Personnel & Benefits Contracted Services Operating Supplies & Equipment 137,707 829,891 125,005 139,718 747,761 217 101% 90% 0% Total 1,092,603 887,697 81% Select Revenue or Expense EXPENSES REVENUES 0M 1M888K 0.0M 0.2M 0.4M 0.6M 0.8M Personnel & Benefits Contracted Services Operating Supplies & Equipment Year 2019 2020 2021 EXPENSES FY 2020-2021 FOURTH QUARTER: BED TAX FUND 9Marana Regular Council Meeting 09/21/2021 Page 22 of 412 9/10/2021 WATER OPERATING FUND 1/1 Water Fund Relevant Information  The current rates and fees for Marana Water customers can be found at - http://www.maranaaz.gov/water-rates-and-fees . Charges for Services (water sales) comprise the majority of the revenue for the fund. Annual revenue collections are above expectations for FY2021 due to stronger than anticipated growth. Licenses, fees, & permits is above expectations primarily due to fees collected in connection with the Water Treatment Plants' construction. Other revenue is primarily comprised of miscellaneous revenue sources and an interfund transfer associated with a WIFA loan payment. Other revenue was greater than expected as they include the forgivable portion of WIFA loan proceeds. Category 2019 2020 2021  Intergovernmental Licenses, Fees, & Permits Charges for Services Other   46,843 5,341,370 3,586,040   84,659 5,982,986 12,269,908 68,554 371,224 6,926,989 1,804,814 Total 8,974,253 18,337,553 9,171,581 Category  FY 2021 Budget Actual % Budget Intergovernmental Licenses, Fees, & Permits Charges for Services Other 85,000 42,500 5,655,873 1,281,903 68,554 371,224 6,926,989 1,804,814 81% 873% 122% 141% Total 7,065,276 9,171,581 130% Select Revenue or Expense EXPENSES REVENUES 0M 7M9M 0M 5M 10M Licenses, Fees, & Permits Charges for Services Other Year 2019 2020 2021 REVENUES FY 2020-2021 FOURTH QUARTER: WATER OPERATING FUND 10Marana Regular Council Meeting 09/21/2021 Page 23 of 412 9/10/2021 WATER OPERATING FUND 1/1 Water Fund Relevant Information  Overall, FY2021 annual expenses for the Water Operating Fund are at or below expected levels. Operating Suplies & Equipment was greater than expected due to a payable being recorded for electrical utilities in accordance with an agreement. Capital Outlay is associated with two vehicles related to two new positions, that were not delivered before year-end. Debt Service is related to an annual WIFA loan payment that was made in the first quarter of FY2021, as we continue to draw down the full amount of the WIFA loans that are financing the Water Treatment Plant projects. Capital costs associated with infrastructure and CIP projects are captured in separate funds. Category 2019 2020 2021  Personnel & Benefits Contracted Services Operating Supplies & Equipm… Capital Outlay Debt Service 1,747,854 1,328,532 1,625,580   109,702 2,013,803 1,175,100 1,776,758   115,893 2,220,202 1,629,951 2,056,916 23,200 1,324,864 Total 4,811,668 5,081,554 7,255,134 Category  FY 2021 Budget Actual % Budget Personnel & Benefits Contracted Services Operating Supplies & Equipment Capital Outlay Debt Service Other Financing Uses 2,287,468 1,825,273 1,772,971 114,000 1,399,956 258,350 2,220,202 1,629,951 2,056,916 23,200 1,324,864   97% 89% 116% 20% 95%   Total 7,658,018 7,255,134 95% Select Revenue or Expense EXPENSES REVENUES 0M 8M15M 0.0M 0.5M 1.0M 1.5M 2.0M 2.5M Personnel & Benefits Contracted Services Operating Supplies & Equipment Year 2019 2020 2021 EXPENSES FY 2020-2021 FOURTH QUARTER: WATER OPERATING FUND 11Marana Regular Council Meeting 09/21/2021 Page 24 of 412 9/10/2021 WATER RECLAMATION OPERATING FUND 1/1 Water Reclamation Fund Relevant Information The current rates and fees for Marana Sewer customers can be found at - http://www.maranaaz.gov/water-rates-and-fees. Charges for Services (sewer rates) comprise the majority of the revenue for the fund. Overall, preliminary FY2021 fourth quarter revenue collections are above expectations. Licenses, Fees, & Permits are above expectations due to stronger than anticipated growth. The majority of Other revenue is mainly related to budgeted transfers between funds for debt service payments. Category 2019 2020 2021  Licenses, Fees, & Permits Charges for Services Other 26,849 1,599,545 1,609,961 49,513 1,823,690 3,463,667 152,263 2,212,272 1,038,427 Total 3,236,356 5,336,870 3,402,962 Category  FY 2021 Budget Actual % Budget Licenses, Fees, & Permits Charges for Services Other 28,900 1,841,278 811,070 152,263 2,212,272 1,038,427 527% 120% 128% Total 2,681,248 3,402,962 127% Select Revenue or Expense EXPENSES REVENUES 0M 3M3M 0M 1M 2M 3M 4M Licenses, Fees, & Permits Charges for Services Other Year 2019 2020 2021 REVENUES FY 2020-2021 FOURTH QUARTER: WATER RECLAMATION OPERATING FUND 12Marana Regular Council Meeting 09/21/2021 Page 25 of 412 9/10/2021 WATER RECLAMATION OPERATING FUND 1/1 Water Reclamation Fund Relevant Information Overall, fourth quarter expenses for the Water Reclamation Operating Fund are at or above budgeted levels. Contracted services is greater over budget due to unexpected emergency systems repairs to the Saguaro Bloom lift station. Operating Supplies & equipment is slightly greater than budgeted due to higher than expected electric utility costs from additional flows at the plant. Debt Service is related to annual WIFA loan payments. Other Financing Uses is associated with transfers out and restricted budget amounts. Capital costs associated with infrastructure and CIP projects are captured in separate funds. Category 2019 2020 2021  Personnel & Benefits Contracted Services Operating Supplies & Equipm… Debt Service 537,218 269,360 157,019 1,193,915 552,114 351,616 283,359 789,381 548,615 599,826 545,633 831,094 Total 2,157,511 1,976,469 2,525,168 Category  FY 2021 Budget Actual % Budget Personnel & Benefits Contracted Services Operating Supplies & Equipment Debt Service Other Financing Uses 583,306 537,000 302,800 858,781 216,000 548,615 599,826 545,633 831,094   94% 112% 180% 97%   Total 2,497,887 2,525,168 101% Select Revenue or Expense EXPENSES REVENUES 0M 2M4M 0.0M 0.2M 0.4M 0.6M Personnel & Benefits Contracted Services Operating Supplies & Equipment Year 2019 2020 2021 EXPENSES FY 2020-2021 FOURTH QUARTER: WATER RECLAMATION OPERATING FUND 13Marana Regular Council Meeting 09/21/2021 Page 26 of 412 9/10/2021 AIRPORT OPERATING FUND 1/1 Airport Fund Relevant Information  Overall, preliminary fourth quarter revenue collections for the Airport Fund are higher than expected. Charges for Services, comprising of the majority operating revenue, was higher than expected primarily due to larger commercial aircraft parking for part of the year. Also, fuel revenue was budgeted to be lower but, in fact, was not negatively impacted by the pandemic. Other revenue is primarily comprised of miscellaneous revenues and transfers between funds scheduled to take place at year-end once all fund activity is finalized. The fund will be balanced once transfers are completed. Category 2019 2020 2021  Licenses, Fees, & Permits Charges for Services Other   328,630 4,440,219 50 372,781 2,412,896   420,389 2,651 Total 4,768,849 2,785,727 423,040 Category  FY 2021 Budget Actual % Budget Charges for Services Other 360,336 224,842 420,389 2,651 117% 1% Total 585,178 423,040 72% Select Revenue or Expense EXPENSES REVENUES 0K 585K423K 0M 1M 2M 3M 4M 5M Charges for Services Other Year 2019 2020 2021 REVENUES FY 2020-2021 FOURTH QUARTER: AIRPORT OPERATING FUND 14Marana Regular Council Meeting 09/21/2021 Page 27 of 412 9/10/2021 AIRPORT OPERATING FUND 1/1 Airport Fund Relevant Information  Overall, expenses for the Airport Fund are at or below budgeted levels through the fourth quarter of FY2021. Other Financing Uses is related to restricted budget amounts. Costs related to CIP projects are captured in other funds. Category 2019 2020 2021  Personnel & Benefits Contracted Services Operating Supplies & Equipm… 257,773 113,691 81,971 300,396 65,810 50,235 273,329 28,357 44,195 Total 453,435 416,441 345,881 Category  FY 2021 Budget Actual % Budget Personnel & Benefits Contracted Services Operating Supplies & Equipment Other Financing Uses 290,663 108,665 60,850 125,000 273,329 28,357 44,195   94% 26% 73%   Total 585,178 345,881 59% Select Revenue or Expense EXPENSES REVENUES 0K 585K363K 0.0M 0.1M 0.2M 0.3M Personnel & Benefits Contracted Services Operating Supplies & Equipment Year 2019 2020 2021 EXPENSES FY 2020-2021 FOURTH QUARTER: AIRPORT OPERATING FUND 15Marana Regular Council Meeting 09/21/2021 Page 28 of 412    Council-Regular Meeting   C1        Meeting Date:09/21/2021   To:Mayor and Council Submitted For:Mo El-Ali, Public Works Director From:Dan Grossman, CIP Process Analyst Date:September 21, 2021 Strategic Plan Focus Area: Not Applicable Subject:Relating to Procurement; ratifying the Town Manager's approval of a change order to the Kittelson & Associates design contract for the Lon Adams Road Reconstruction (ST068) in the amount of $4,988.00; authorizing the transfer of appropriations, if necessary, for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order (Mo El-Ali)   Discussion: Marana Town Code Section 3-4-7(B)(4) provides that Town Council approval is necessary for change orders that individually or cumulatively exceed $50,000. However, Section 3-4-8(B) provides that the Town Manager may approve change orders to public improvements contracts that exceed that amount if the Town Manager determines that doing so will avoid unnecessary contractor delay claims, costs or public health and safety hazards that would otherwise occur while awaiting Town Council approval. When the Town Manager approves a change order in these circumstances, Town Council ratification of the change order must occur as soon as practicable thereafter.         The budget for fiscal year 2021- 2022 was adopted on June 15, 2021. The Lon Adams Road Reconstruction project was properly included within the Town of Marana’s FY2022 Capital Improvement Plan. The final, FY2022 revised budget amount for the Lon Adams Road Reconstruction is $3,846,419.00.           Effective May 8, 2019, the Town and Kittelson & Associates entered into a design contract in the amount of $435,487.00 to construct the Lon Adams Road Reconstruction.         Marana Regular Council Meeting 09/21/2021 Page 29 of 412 The Town has processed one previous change order to the Kittelson & Associates design contract totaling $67,777 bringing the total current design contract amount to $503,264.00.         Additional design work is necessary to providing horizontal and vertical layout to support Comcast's Right of Way application to relocate Comcast utility lines on Lon Adams Road.        The cost of these changes to the existing design contract is $4,988.00. This additional change order will bring the cost of the design contract to $508,252.00. The budget for this change order is within the Council approved budget for the project.        This change order was necessary to avoid unnecessary contractor delay. The amount of this change order, combined with all previous change orders, exceeds $50,000.00; therefore, this change order required immediate approval by the Town Manager. With an active design contract and contractor in place, the Town Manager exercised his authority under section 3-4-8(B) of the Town Code to authorize a change order to the contract. This item is on the agenda for the Town Council to ratify the Town Manager's action.   Financial Impact: Fiscal Year:2022 Budgeted Y/N:Y Amount:$4,988.00   This Change Order will be funded with Transportation funds, GL Account # 33043000-8010-ST068. Staff Recommendation: Staff recommends ratification of the Town Manager's approval of the Change Order.     Suggested Motion: I move to ratify the Town Manager's approval of a change order to the design contract with Kittelson & Associates for the Lon Adams Road Reconstruction (ST068) in the amount of $4,988.00; to authorize the transfer of appropriations if necessary for the change order; and to authorize the Town Manager or designee to execute the necessary documents to effectuate the change order.   Attachments No file(s) attached. Marana Regular Council Meeting 09/21/2021 Page 30 of 412    Council-Regular Meeting   C2        Meeting Date:09/21/2021   To:Mayor and Council Submitted For:Mo El-Ali, Public Works Director From:Dan Grossman, CIP Process Analyst Date:September 21, 2021 Strategic Plan Focus Area: Not Applicable Strategic Plan Focus Area Additional Info:   Subject:Resolution No. 2021-127: Relating to Budget; approving the transfer of up to $500,000 in budgeted expense authority from the Transportation Fund for Project ST098 Tangerine Road Widening, Phase 2A in the fiscal year 2021-2022 budget to the Water Capital Fund to pay for anticipated costs associated with a new project for the design of a water main to coincide with the project (Yiannis Kalaitzidis).  Discussion: The budget for fiscal year 2021-2022 was adopted on June 15, 2021.  At that time, the Capital Improvement Plan (CIP) did not include a project for a waterline east of I-10. Since budget adoption and due to the strong growth and interest in the general area of the project, it has become important for continued economic development that we ensure adequate water supply along the Tangerine corridor east of I-10. As the Tangerine Road Widening, Phase 2A project (ST098) has entered the planning and design phase for the project, it is in the Town’s best interest to design and construct this waterline at the same time as the road project. The waterline extension project will consist of approximately 7,000 linear feet of 16” water main, between existing lines currently being installed to serve the Mandarina development and 8181 W. Tangerine Road. At this stage, staff recommends inclusion of the design of the water main project as part Marana Regular Council Meeting 09/21/2021 Page 31 of 412 of the Tangerine Road Widening project.  The cost for the design for the water main is anticipated not to exceed $500,000.   The CIP plan currently has budget capacity of $7,200,000 in Transportation funds (Fund #3030) for the Tangerine Road Widening project. The Town does not anticipate that it will need all that budget capacity in this fiscal year. Staff recommends transferring up to $500,000 of budget capacity from the Tangerine Road Widening project in the Transportation Fund to the waterline extension project to pay for the design of the waterline in the Water Capital Fund. Additional budget for both projects will be made available during the upcoming FY 2022-2023 budget to ensure adequate budget capacity will be available for the completion of each project.   Financial Impact: Fiscal Year:2022 Budgeted Y/N:N Amount:$500,000 Budget capacity for this change in project budget will be provided by transferring Transportation funds (Account # 33043000-8005-ST098) to Water Capital funds (Account # 50590000-8010).  A project number for the waterline project will be created upon approval of this item by Council.   Staff Recommendation: Staff recommends approval of the transfer of budgeted expense authority. Suggested Motion: I move to approve the transfer of up to $500,000 in budgeted expense authority from the Transportation Fund for Project ST098 Tangerine Road Widening, Phase 2A in the Fiscal Year 2021-2022 Budget to the Water Capital Fund to pay for anticipated costs associated with a new project for the design of a water main to coincide with the project and to authorize the Town Manager or designee to execute the necessary documents to effectuate the transfer in budgeted expense authority.   Attachments Resolution 2021-127 Marana Regular Council Meeting 09/21/2021 Page 32 of 412 Marana Resolution No. 20 21-127 - 1 - MARANA RESOLUTION NO. 2021-127 RELATING TO BUDGET; APPROVING THE TRANSFER OF UP T O $500,000 IN BUDGETED EXPENSE AUT HORITY FROM THE TRANSPORTATION FUND FOR PROJECT ST098 TANGERINE ROAD WIDENING, PHASE 2A IN THE FISCAL YEAR 2021-2022 BUDGET TO THE WATER CAPITAL FUND TO PAY FOR ANTICIPAT ED COSTS ASSOCIATED WITH A NEW PROJECT FOR THE DESIGN OF A WATER MAIN TO COINCIDE WITH THE PROJECT WHEREAS on June 15, 2021, the Town Council adopted the fiscal year 20 21-2022 budgetary document and overall financial plan which set the legal level of budgetary control at the department level for the General Fund and at the fund level for all other funds; and WHEREAS the Capital Improvement Plan (CIP) for fiscal year 2021 -2022 currently includes budget capacity of $7,200,000 in Transportation Funds (Fund #3030) for the Tan- gerine R oad Widening, Phase 2A project (ST098) and the Town does not anticipate that it will need all that budget capacity for the project in this fiscal year; and WHEREAS the CIP for fiscal year 2021-2022 did not include a project for a water- line east of Interstate 10, but due to strong growth and interest in the area of the Tangerine corridor east of Interstate 10 , it is in the Town's best interest to construct a waterline ex- tension project at the same time as the Tangerine Road Widening; and WHEREAS the Town Council desires to transfer budgeted expense authority in the fiscal year 2021-2022 budget of up to $500,000 from the Transportation Fund for the Tangerine Road Widening, Phase 2A project to the Water Capital Fund to pay for a new project for the design of a water main to coincide with the Tangerine Road Widening, Phase 2A project; and WHEREAS transferring budget capacity from the Transportation Fund of up to $500,000 within fiscal year 2021-2022 to the Water Capital Fund will not significantl y im- pact the General Fund; and WHEREAS reallocations of budgeted expense authority between funds are neces- sary from time to time; and WHEREAS the Council finds that the reallocations addressed by this resolution are in the best interest of the Town of Mara na and its citizens. Marana Regular Council Meeting 09/21/2021 Page 33 of 412 Marana Resolution No. 20 21-127 - 2 - NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The establishment of a 7,000 linear foot 16" water main project in the Water Capital Fund for fiscal year 2021 -2022 for the design of a water main to coincide with the Tangerine Road Widening, Phase 2A project is hereby approved. SECTION 2. The transfer o f up to $500,000 in budgeted expense authority from the Transportation Fund for the Tangerine Road Widening, Phase 2A project (ST098) in the fiscal year 2021-2022 budget to the Water Capital Fund for anticipated costs associated with the newly established project for design of the water main described in section 1 is hereby approved. SECTION 3. 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, obliga- tions, and objectives of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21st day of September, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 09/21/2021 Page 34 of 412    Council-Regular Meeting   C3        Meeting Date:09/21/2021   To:Mayor and Council Submitted For:Libby Shelton, Deputy Town Attorney From:Libby Shelton, Deputy Town Attorney Date:September 21, 2021 Strategic Plan Focus Area: Community Subject:Resolution No. 2021-128: Relating to Police Department; approving and authorizing the Chief of Police to execute a Program Funded Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for Fiscal Year 2022 (Libby Shelton) Discussion: For several years, the Town of Marana Police Department has participated with the United States Department of Justice and the Drug Enforcement Administration (DEA) on the DEA Tucson Task Force.  These activities help improve the effectiveness and efficiency of drug control efforts. The DEA Tucson Task Force will: (a) disrupt the illicit drug traffic in the State of Arizona by immobilizing targeted violators and trafficking organizations; (b) gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and, (c) conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Arizona.  Under this agreement the Town agrees to provide an officer to the task force for a period of not less than two years.  The salary and benefits of the officer are paid for by the Town and any overtime worked by the officer is reimbursable by DEA up to a maximum of $19,370.00 per year.  The proposed agreement outlines the procedures for operation for Task Force activities and the funding policies and procedures in more detail. Financial Impact: Marana Regular Council Meeting 09/21/2021 Page 35 of 412 Fiscal Year:2022 Budgeted Y/N:Y Amount:$19,370 Budget capacity is programmed for these costs in the General Fund police department budget and in the Grant Fund (2015)  Staff Recommendation: Staff recommends approval of the agreement. Suggested Motion: I move to adopt Resolution No. 2021-128, approving and authorizing the Chief of Police to execute the Program Funded Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for Fiscal Year 2022. Attachments Resolution 2021-128 Exhibit A: State and Local Task Force Agreement Marana Regular Council Meeting 09/21/2021 Page 36 of 412 - 1 - 00077246.DOCX /1 Resolution No. 2021 -128 MARANA RESOLUTION NO. 2021-128 RELATING TO POLICE DEPARTMENT ; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A PROGRAM FUNDED TASK FORCE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCE- MENT ADMINISTRATION AND THE MARANA POLICE DEPARTMENT FOR FIS- CAL YEAR 2022 WHEREAS evidence has shown that trafficking in narcotics and dangerous drugs exists in the Pima County area; and WHEREAS the United States Department of Justice, Drug Enforcement Admin- istration (DEA) has established a DEA Tucson Task Force whose mission is to investigate, prosecute and disrupt illicit drug trafficking in the State of Arizona; and WHEREAS the Town of Marana, through its Police Department, and the DEA de- sire to renew an agreement providing for the Marana Police Department’s continued par- ticipation in the DEA Tucson Task Force; and WHEREAS the Mayor and Council of the Town of Marana find it is in the b est interests of its citizens to enter into this task force agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, approving the task force agreement between the DEA and the Marana Police Department for Fiscal Year 2022, attached to this resolution as Exhibit A, and authorizing the Chief of Police to execute it for and on behalf of the Town of Ma- rana. IT IS FURTHER RESOLVED that 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 the task force agreement. Marana Regular Council Meeting 09/21/2021 Page 37 of 412 - 2 - 00077246.DOCX /1 Resolution No. 2021 -128 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 21st day of September, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: _________ Jane Fairall, Town Attorney Marana Regular Council Meeting 09/21/2021 Page 38 of 412 Exhibit A to Marana Resolution No. 2021-128 00077243.DOCX /1FY 2022 Program Funded Task Force Agreement: Marana Police Department 1 | P a g e PROGRAM - FUNDED STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 1st day of October 2021, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Marana Police Department, ORI# AZ00100900 (hereinafter "MPD"). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the state of Arizona area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Arizona, the parties hereto agree to the following: 1. The Tucson Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the state of Arizona area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the task force’s activities will result in effective prosecution before the courts of the United States and the state of Arizona. 2. To accomplish the objectives of the Tucson Task Force , the MPD agrees to detail one (1) experienced officer(s ) to the Tucson Task Force for a period of not less than two years. During this period of assignment, the MPD officers will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3. The MPD officers assigned to the task force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the task force. 4. The MPD officers assigned to the task force shall be deputized as Task Force Officers of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives of the Tucson Task Force , DEA will assign up to six (6) special agents to the task force. The DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA special agent and MPD officers assigned to the task force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. Marana Regular Council Meeting 09/21/2021 Page 39 of 412 Exhibit A to Marana Resolution No. 2021-128 00077243.DOCX /1FY 2022 Program Funded Task Force Agreement: Marana Police Department 2 | P a g e 6. During the period of assignment to the task force, the MPD will remain responsible for establishing the salary and benefits, including overtime, of the officers assigned to the task force, and for making all payments due them. DEA will, subject to availab ility of funds, reimburse the MPD for overtime payment. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a GS -12, Step 1, of the general pay scale for the Rest of United States. Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal year basis, and which provides the names of the investigators who incurred overtime for DEA during the invoiced period, the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator, and the total cost for the invoiced period. Invoices must be submitted at least quarterly within 30 days of the end of the invoiced period. (Note: Task Force Officer’s overtime shall not include any costs for benefits, such as retire ment, FICA, and other expenses.) 7. In no event will the MPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The MPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The MPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The MPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved, or for a period of six (6) years after termination of this agreement, whichever is la ter. 10. The MPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The MPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements. The MPD acknowledges that this agreement will not take effect and no federal funds will be awarded to the MPD by the DEA until the completed certification is received. Marana Regular Council Meeting 09/21/2021 Page 40 of 412 Exhibit A to Marana Resolution No. 2021-128 00077243.DOCX /1FY 2022 Program Funded Task Force Agreement: Marana Police Department 3 | P a g e 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal money, the MPD shall clearly state (1) the percentage of the total cost of the program or project which will be financed with federal money and (2) the dollar amount of federal funds for the project or program. 13. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2022. This agreement may be terminated by either party on thirty days’ advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by MPD during the term of this agreement. For the Drug Enforcement Administration: Date: Cheri Oz, Special Agent in Charge Phoenix Field Division For the Marana Police Department : Date: Ruben Nunez, Chief of Police Marana Police Department Marana Regular Council Meeting 09/21/2021 Page 41 of 412    Council-Regular Meeting   C4        Meeting Date:09/21/2021   To:Mayor and Council From:Mo El-Ali, Public Works Director Date:September 21, 2021 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: Principle Statement 3: We will invest in a well-managed government that provides reliable services and quality amenities for citizens and businesses Initiative 12: Maintain an accurate infrastructure inventory and align future infrastructure expansion with planned and/or complimentary capital improvement projects   Subject:Resolution No. 2021-129: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the State of Arizona by and through its Department of Transportation and the Town of Marana for funding for the Tangerine Road widening project (Mo El-Ali)  Discussion: PAG's Transportation Improvement Program (TIP) and the Town's Capital Improvement Program (CIP) include funding for Tangerine Road widening from I-10 to Dove Mountain Boulevard project. However, the available funding is not sufficient for completion of the project's design and construction. This IGA will enable the Town to use the $5 million appropriation funding from the State of Arizona for the full design, environmental clearance, and right of way acquisition for the project.   Financial Impact: Fiscal Year:2022 Budgeted Y/N: Y Amount:$7,200,000 Marana Regular Council Meeting 09/21/2021 Page 42 of 412 Budget capacity is available in the Town's Transportation fund for the Tangerine Rd Widening Project. Additional budget capacity for the full project is included in future years as presented in the Town's Capital Improvement Plan (CIP). Staff Recommendation: Staff recommends approval of the IGA with ADOT. Suggested Motion: I move to adopt Resolution No. 2021-129, approving and authorizing the Mayor to execute an intergovernmental agreement between the State of Arizona by and through its Department of Transportation and the Town of Marana for funding for the Tangerine Road widening project. Attachments Resolution 2021-129 Exhibit A: Intergovernmental Agreement Marana Regular Council Meeting 09/21/2021 Page 43 of 412 00077268.DOCX /1 Resolution No. 20 21-129 - 1 - MARANA RESOLUTION NO. 202 1-129 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION AND THE TOWN OF MARANA FOR FUNDING FOR THE TANGERINE ROAD WIDENING PROJECT WHEREAS the Pima Association of Governments’ (PAG) Transportation Improvement Program (TIP) and the Town of Marana's Capital Improvement Program (CIP) include funding for the Tangerine Road widening from I-10 to Dove Mountain Boulevard project; however, the available funding is not sufficient for completion of the project's design and construction; and WHEREAS the Arizona state legislature, via passage of Senate Bill 1820 in the 2021 legislative session, appropriated funding from the state general fund to the Arizona Department of Transportation (ADOT) for highway projects, incl uding $5,000,000.00 for the Tangerine Road widening project; and WHEREAS the Town is empowered by A.R.S. §§ 9 -240 and 11-952 to enter into this Agreement; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the intergovernmental agreement (IGA) addressed by this resolution to facilitate the Tangerine Road widening project . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agre ement between the State of Arizona by and through its Department of Transportation and the Town of Marana for funding for the Tangerine Road widening project in substantially the form set forth on Exhibit A attached to and incorporated wi thin this resoluti on by this reference is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks r equired or beneficial to carry out the terms, obligations, conditions and objectives of the IGA. Marana Regular Council Meeting 09/21/2021 Page 44 of 412 00077268.DOCX /1 Resolution No. 20 21-129 - 2 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of September, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 09/21/2021 Page 45 of 412 Exhibit A to Marana Resolution No. 2021-129 00077267.DOCX /1 Page 1 of 5 ADOT CAR No.: IGA 21-0008268-I AG Contract No.: P001 2021 001445 Project Location/Name: Tangerine Road near Interstate 10 Type of Work: Road improvements TIP/STIP No.: N/A Budget Source: 2022 Legislative Appropriation Transportation Projects: General Fund (Laws 2021, 1st Regular Session, Chapter 406 Senate Bill 1820) Appropriation No.: 2022 DT55760 INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF MARANA THIS AGREEMENT (“Agreement”) is entered into this date ________________________________, pursuant to the Arizona Revised Statutes (“A.R.S.”) §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the “State” or “ADOT”) and the TOWN OF MARANA, an Arizona municipal corporation, acting by and through its TOWN COUNCIL (the “Town”). The State and the Town are each individually referred to as a “Party” and are collectively referred to as the “Parties.” I. RECITALS 1. The State is empowered by A.R.S. § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2. The Town is empowered by A.R.S. §§ 9-240 and 11-952 to enter into this Agreement and has by resolution, a copy of which is attached to and made a part of this Agreement, resolved to enter into this Agreement and to authorize the undersigned to execute this Agreement on behalf of the Town. 3. Laws 2021, 1st Regular Session, Chapter 406 (Senate Bill 1820), Section 33 appropriated funding from the State general f und to ADOT for highway projects, including $5,000,000.00 for a project described in Section 33, subparagraph (A)(13) as Improve Tangerine Road near Interstate 10 in Marana (the “Project”). THEREFORE , the Recitals set forth above are incorporated into this Agreement and in consideration of the mutual terms expressed herein, it is agreed as follows: Marana Regular Council Meeting 09/21/2021 Page 46 of 412 IGA 21-0008268-I 00077267.DOCX /1 Page 2 of 5 II. SCOPE OF WORK 1. The Parties agree: a. After this Agreement is executed, the State will issue a warrant to the Town in the amount of $5,000,000.00 for the Project. b. The Town will complete the Project described in Section 33, subparagraph (A)(13) of the Laws 2021, 1st Regular Session Chapter 406 (Senate Bill 1820) as Improve Tangerine Road near Interstate 10 in Marana. c. After Project completion, the Town will submit written certification to localpublicagencysection@azdot.gov that the Project described in Section 33, subparagraph (A)(13) of the Laws 2021, 1st Regular Session Chapter 406 (Senate Bill 1820) was completed. III. MISCELLANEOUS PROVISIONS 1. This Agreement shall become effective upon signing and dating of the Determination Letter by the State’s Attorney General. 2. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of the Project and all related deposits and/or reimbursements are made. 3. This Agreement may be cancelled at any time up to 30 days before the appropriated funds are issued, so long as the cancelling Party provides at least 30 days’ prior written notice to the other Party. It is understood and agreed that, in the event the Town terminates this Agreement, the State shall in no way be obligated to complete or maintain the Project. 4. The Town shall indemnify, defend, and hold harmless the State, any of its departments, agencies, officers or employees (collectively referred to in this paragraph as the “State”) from any and all claims, demands, suits, actions, proceedings, loss, cost and damages of every kind and description, including reasonable attorneys' fees and/or litigation expenses (collectively referred to in this paragraph as the “Claims”), which may be brought or made against or incurred by the State on account of loss of or damage to any property or for injuries to or death of any person, to the extent caused by, arising out of, or contributed to, by reasons of any alleged act, omission, professional error, fault, mistake, or negligence of the Town, its employees, officers, directors, agents, representatives, or contractors, their employees, agents, or representatives in connection with or incident to the performance of this Agreement. The Town’s obligations under this paragraph shall not extend to any Claims to the extent caused by the negligence of the State, except the obligation does apply to any negligence of the Town which may be legally imputed to the State by virtue of the State’s ownership or possession of land. The Town’s obligations under this paragraph shall survive the termination of this Agreement. 6. The Town acknowledges and will comply with Title VI of the Civil Rights Act Of 1964. 7. This Agreement shall be governed by and construed in accordance with Arizona laws. Marana Regular Council Meeting 09/21/2021 Page 47 of 412 IGA 21-0008268-I 00077267.DOCX /1 Page 3 of 5 8. This Agreement may be cancelled in accordance with A.R.S. § 38-511. 9. The Town shall retain all books, accounts, reports, files and other records relating to the Agreement for five years after completion of the Project. These documents sh all be subject at all reasonable times to inspection and audit by the State. Such records shall be produced by the Town at the request of ADOT. 10. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36. The Parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated by reference regarding “Non-Discrimination.” 11. Non-Availability of Funds: Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 12. In the event of any controversy , which may arise out of this Agreement, the Parties agree to abide by arbitration as is set forth for public works contracts if required by A.R.S. § 12 -1518. 13. The Parties shall comply with the applicable requirements of A.R.S. § 41 -4401. 14. The Parties shall certify that all contractors comply with the applicable requirements of A.R.S. §35-393.01. 15. The Parties shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. 16. All notices or demands upon any Party to this Agreement shall be in writing and shall be delivered electronically, in person, or sent by mail, addressed as follows: For Agreement Administration: Arizona Department of Transportation Joint Project Agreement Section 205 S. 17th Avenue, Mail Drop 637E Phoenix, AZ 85007 JPABranch@azdot.gov For Project Completion: Arizona Department of Transportation Local Public Agency Group 205 S. 17th Avenue, Mail Drop 614E Phoenix, AZ 85007 Town of Marana Attn: Mohammad El-Ali 11555 W Civic Center Dr Marana, AZ 85653 520.382.2630 mel-ali@MaranaAZ.gov Town of Marana Attn: Mohammad El-Ali 11555 W Civic Center Dr Marana, AZ 85653 Marana Regular Council Meeting 09/21/2021 Page 48 of 412 IGA 21-0008268-I 00077267.DOCX /1 Page 4 of 5 localpublicagencysection@azdot.gov For Financial Administration: Arizona Department of Transportation Financial Management Services 206 S. 17th Avenue Phoenix, AZ 85007 localpublicagencysection@azdot.gov 520.382.2630 mel-ali@MaranaAZ.gov Town of Marana Attn: Yiannis Kalaitzidis 11555 W Civic Center Dr Marana, AZ 85653 520.382.3493 ykalaitzidis@MaranaAZ.gov 17. Any revisions to the names and addresses above may be updated administratively by either Party and shall be in writing. 18. In accordance with A.R.S. § 11-952 (D), attached and incorporated in this Agreement is the written determination of each Party’s legal counsel that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. TOWN OF MARANA By ______________________________ ED HONEA Mayor STATE OF ARIZONA Department of Transportation By ______________________________ STEVE BOSCHEN, PE Division Director ATTEST: By ______________________________ Town Clerk Marana Regular Council Meeting 09/21/2021 Page 49 of 412 IGA 21-0008268-I 00077267.DOCX /1 Page 5 of 5 ATTORNEY APPROVAL FORM FOR THE TOWN OF MARANA I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the TOWN OF MARANA, an agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the Town under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. _____________________________________________________ _________________________________ Town Attorney Date Marana Regular Council Meeting 09/21/2021 Page 50 of 412      Council-Regular Meeting   C5        Meeting Date:09/21/2021   To:Mayor and Council From:Spencer Hickman, Planner Date:September 21, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-130: Relating to Addressing; renaming two streets in The Village at Barnett subdivision, located at the northeast corner of Sanders Road and Barnett Road (Spencer Hickman) Discussion: The Town of Marana has received a request from DR Horton Inc. to change two street names in The Village at Barnett subdivision, currently under development, adjacent to Sanders Road and Barnett Road.  The requests are to change Lauren Ashley Way to Lilliston Way and Virginia Lee Lane to Gini Lane. DR Horton Inc., is the owner of all the addresses affected by these street name changes. Paragraph X.040(C)(1)(c) of the Town of Marana Addressing Manual requires Town Council approval of street names. Staff Recommendation: Staff recommends adoption of Resolution No. 2021-130, renaming two streets located in The Village at Barnett subdivision located at the northeast corner of Sanders Road and Barnett Road. Suggested Motion: I move to adopt Resolution No. 2021-130, renaming two streets located in The Village at Barnett subdivision, located at the northeast corner of Sanders Road and Barnett Road. Attachments Resolution 2021-130 Marana Regular Council Meeting 09/21/2021 Page 51 of 412 Applicant Request Letter Site Map Marana Regular Council Meeting 09/21/2021 Page 52 of 412 - 1 - Resolution No. 2021 -130 MARANA RESOLUTION NO. 2021-130 RELATING TO ADDRESSING; RENAMING TWO STREETS IN THE VILLAGE AT BARNETT SUBDIVISION, LOCATED AT THE NORTHEAST CORNER OF SANDERS ROAD AND BARNETT ROAD WHEREAS the final plat for The Village at Barnett, Lots 1 thru 251 and Common Areas “A” thru “P” was recorded in the Pima County Recorder’s Office on November 16, 2018 at Sequence No. 20183200072; and WHEREAS The Village at Barnett Plat includes streets named “Lauren Ashley Way,” and “Virginia Lee Lane ”; and WHEREAS pursuant to paragraph X.040(C)(1) of the Town of Marana Addressing Manual, DR Horton Inc. is requesting to rename “Lauren Ashley Way” to “Lilliston Way” “Virginia Lee Lane” to “Gini Lane”; and WHEREAS a total of 62 existing addresses will be affected by these changes and DR Horton is the owner of all of the affected addresses ; and WHEREAS paragraph X.040(C)(1)(c) of the Town of Marana Addressing Manual requires Town Council approval of street names; and WHEREAS, the Marana Town Council finds that changing the street name s in The Village at Barnett subdivision is in the best interests of the Town and the public . NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona as follows: SECTION 1. T he street “Lauren Ashley Way” located in The Village at Barnett subdivision is hereby renamed to “Lilliston Way.” SECTION 2. The street “Virginia Lee Lane ” located in The Village at Barnett subdivision is hereby renamed to “Gini Lane.” Marana Regular Council Meeting 09/21/2021 Page 53 of 412 - 2 - Resolution No. 2021 -130 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of September, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 09/21/2021 Page 54 of 412 Page 1 of 8Marana Regular Council Meeting 09/21/2021 Page 55 of 412 Page 2 of 8Marana Regular Council Meeting 09/21/2021 Page 56 of 412 Page 3 of 8Marana Regular Council Meeting 09/21/2021 Page 57 of 412 Page 4 of 8Marana Regular Council Meeting 09/21/2021 Page 58 of 412 Page 5 of 8Marana Regular Council Meeting 09/21/2021 Page 59 of 412 Page 6 of 8Marana Regular Council Meeting 09/21/2021 Page 60 of 412 Page 7 of 8Marana Regular Council Meeting 09/21/2021 Page 61 of 412 Page 8 of 8Marana Regular Council Meeting 09/21/2021 Page 62 of 412 Marana Regular Council Meeting 09/21/2021Page 63 of 412      Council-Regular Meeting   C6        Meeting Date:09/21/2021   To:Mayor and Council From:Cherry L. Lawson, Town Clerk Date:September 21, 2021 Subject:Approval of the Regular Council Meeting Summary Minutes of September 7, 2021 (Cherry L. Lawson) Attachments Regular Council Meeting Summary Minutes, 09/07/2021 Marana Regular Council Meeting 09/21/2021 Page 64 of 412 Regular Council Meeting Summary Minutes September 7, 2021 1 | P a g e MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 7, 2021, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:00 PM and directed the Clerk to call the roll. Mayor Honea, Vice Mayor Post, Council Members: Jackie Craig, Patti Comerford, Roxanne Ziegler (Excused), John Officer (Excused), and Herb Kai. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE : Led by Mayor Honea. APPROVAL OF AGENDA Vice Mayor Post, moved and Council Member Kai second the motion approving the agenda as presented. Motion passes, 5-0. CALL TO THE PUBLIC Mayor Honea open the meeting to receive public comments. There were no comments offered by the public. Marana Regular Council Meeting 09/21/2021 Page 65 of 412 Regular Council Meeting Summary Minutes September 7, 2021 2 | P a g e PROCLAMATIONS P1 Proclamation declaring September 2021 as Guardians of the Children Month (Cherry L. Lawson) P2 Proclamation recognizing September 2021 as, "Ovarian Cancer Awareness Month" (Cherry L. Lawson) P3 Proclamation recognizing and commemorating the 20th Anniversary of September 11, 2001 (9-11) (Cherry L. Lawson) MAYOR AND COUNCIL REPORTS: SUMMAR Y OF CURRENT EVENTS Council Member Craig reported thanked those who helped Youth Education Supporters for a backpack drive that assisted the Marana Unified School District. They raised $25,000 and 800 people donated backpacks that benefits students in the school district. Council Member Comerford reported on her attendance at the Arizona League of Cities and Towns and stated over 1,200 attended from across the state. Council Member Kai was recognized for his service of 28 years, and she was recognized for 20 years of service. She recognized former emplo yees and interns who had moved on ward to other organizations at the conference. Mayor Honea echoed the report of Council Member Comerford and stated that Vice Mayor Post was recognized for 13 years of service. He commented on the conference stating that is was a great in-person event. Queen Creek grew 123% in the last decade, as it was the fastest growing community in Arizona. Goodyear grew 48%, and Marana grew 43%. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Terry Rozema echoed the comments of Mayor Honea and Council Member Comerford related to the Arizona League of Cities and Towns. He acknowledged Town staff who assisted in putting together the booth on behalf of the Town. He also reported on the following: • Council Executive Report will be available on Friday, September 10. • Development Services issued 86 single -family housing permits, four more than August 2020 at 82. Currently at 33 for September. • Community meeting related to the Multi -generational Community and Aquatic Center, is scheduled for Thursday, September 9 at the STEM School at Dove Mountain. Marana Regular Council Meeting 09/21/2021 Page 66 of 412 Regular Council Meeting Summary Minutes September 7, 2021 3 | P a g e o The Construction Manager At-Risk Process is underway for the Project Management for the project. Those are due by September 28, and a selection shortly thereafter. • Email from Pinal County that was forwarded to Mayor and Council related to the Census numbers. Those numbers were significantly lower than the 2017 projections. Pinal County is contesting those numbers. They have asked the Town to support this effort and be present at its Board of Supervisors Meeting. • Town has hired new staff to the organization that were approved by the Mayor and Council in the fiscal year budget for 2021. PRESENTATIONS CONSENT AGENDA C1 Resolution No. 2021 -120: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 4 - Employment Benefits and Leaves by amending Section 4 -16-7 "Employee Reimbursement of Parental Paid Time Off Pay" (Curry C. Hal e) C2 Resolution No. 2021-121: Relating to Marana Regional Airport; approving and authorizing the Town Manager to sign the "Airport Rescue Grant - Grant Agreement," Airport Rescue Grant No. 3-04-0058-026-2021, with the Federal Aviation Administration for funding in an amount not to exceed $59,000 to help offset expenses as a result of the COVID-19 public health emergency (Kristin Taft) C3 Resolution No. 2021-122: Relating to the Marana Regional Airport; approving and authorizing the Town Manager to sign five Airport Development Reimbursable Grant Agreements between the State of Arizona, by and through the Arizona Department of Transportation (ADOT), and the Town of Marana for the purpose of aiding in financing projects entitled "Insta ll Rotating Beacon," "Apron, Rehabilitate East Hangar Apron Reconstruction," "Apron, Rehabilitate West Hangar Apron Reconstruction," "Runway MIRL/HIRL Construct," and "Apron Lighting PAPIs on Runways 12-30 and 3-21” (Kristin Taft) C4 Resolution No . 2021-123: Relating to the Police Department; approving and authorizing the Mayor to execute a service agreement with the Marana Unified School District to provide two school resources officers in support of the District's School Safety Program and terminating the service agreement approved by Resolution No. 2020 -049 (Libby Shelton) C5 Resolution No. 2021-124: Relating to the Police Department; approving and authorizing the Chief of Police to execute the Intergovernmental Agreement Regarding Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) Marana Regular Council Meeting 09/21/2021 Page 67 of 412 Regular Council Meeting Summary Minutes September 7, 2021 4 | P a g e State Gang Task Force between the Town of Marana Police Department and the State of Arizona through its Department of Public Safety (AZDPS); rescinding Resolution No. 2021-029 (Libby Shelton) C6 Approval of the Regular Council Meeting Summary Minutes of August 17, 2021, and the Council Study Session Meeting Summary Minutes of August 24, 2021 (Cherry L. Lawson) Council Member Kai moved and Vice Mayor Post second the motion approving the Consent Agenda. Motion passes, 5-0. LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for an Acquisition of Control of a Series #7 Beer and Wine Bar Liquor License submitted by Amy S. Nations on behalf of Quarry Pines Golf Club, located at 8480 North Continental Drive, Tucson, Arizona 85743 (Cherry L. Lawson) Town Clerk Cherry Lawson provided an overview of the item of the application for an Acquisition of Control of a Series #7 Beer and Wine Bar Liquor License sub mitted by Amy S. Nations on behalf of Quarry Pines Golf Club, located at 8480 North Continental Drive, Tucson, Arizona 85743 . Vice Mayor Post moved and Council Member Comerford second the motion to approve and submit to the DLLC an order recommending approval of an application for an Acquisition of Control of a Series #7 Beer and Wine Bar Liquor License submitted by Amy S. Nations on behalf of Quarry Pines Golf Club, located at 8480 North Continental Drive, Tucson, Arizona 85743. Motion passes, 5-0. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A1 Resolution No. 2021-125: Relating to Administration; authorizing the Town Manager to sign grant agreements on behalf of the Town of Marana (Jane Fairall) Town Attorney Jane Fairall provided an overview of Resolution No. 2021 -125 stating it would change the way that we have bee n processing grant agreements. It would allow the Town Manager to sign grant agreements, when they are processed through our grant approval process. Town staff and Finance determines budget capacity, that the Legal Department reviews and approves the agree ment to form itself, rather than bringing before the Council each agreement. The Town request Council consideration, as there is a short turnaround on certain grants that come forward. However, there are some grant Marana Regular Council Meeting 09/21/2021 Page 68 of 412 Regular Council Meeting Summary Minutes September 7, 2021 5 | P a g e agreements that will have to come before Council, as some requirements from funding agencies may require a specific resolution from the Council. If Council approves Resolution No. 2021 -125, the Town Manager would be authorized to approve the grant agreement without having to bring it before the Council. Vice Mayor Post, moved and Council Member Kai second the motion to approve Resolution No. 2021-125. Motion passes, 5-0. A2 Resolution No. 2021-126: Relating to Administration; approving the Town of Marana Public Art Policy; rescinding R esolution No. 2001-100 (Jane Fairall) Ms. Fairall provided an overall of Resolution No. 2021 -126 the Town of Marana Public Art Policy stating the proposed resolution seeks to rescind Resolution No. 2001 -100 that created a Public Works Public Art Project Committee along with a policy that accompanied that related to public art. The Committee had been inactivate as of 2003, confirmed through Town records. Staff has updated the policy, and the updates has some similar elements to it for example, public art funding for capital improvement projects would be part of the budget. For each project, it would be capped at one (1%) percent of the total budget that is similar to the 2001 policy. The policy has a community aspect to it whereby the Town would put out an RFP for designs for public art work when the Town had decided to move forward with a project. Additionally, a community input group will work with town staff to select the artist for the project. She described how the community group will be made up of members of the community and from the Citizens’ Forum, and how the process would move forward to come before Council for its consideration prior to any project start. Council Member Kai moved and Vice Mayor Post second the motion to approve Resolution No. 2021-126. Motion passes, 5-0. ITEMS FOR DISCUSSION / POSSIBLE ACTION D1. Relating to Development and Public Works; update, discussion, and possible direction regarding public and private projects and development applications on the Town’s Marana Current and Proposed Projects internet site (Jason Angell) Development Services Director Jason Angell provided an update to projects in and around the Marana community. D2. Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Terry Rozema) Marana Regular Council Meeting 09/21/2021 Page 69 of 412 Regular Council Meeting Summary Minutes September 7, 2021 6 | P a g e Mr. Rozema stated he did not have a report to provide, as members from TriAdvocates provided an update to the Legislative Session during a previous Council Meeting. EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive sess ion, which will not be open to the public, to discuss certain matters. Executive Session pursuant to A.R.S. §38 -431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38 -431.03 (A). FUTURE AGENDA ITEMS Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2 -4-2(B). ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post, moved and Council Member Kai second the motion to adjo urn the meeting. Motion passes, 5-0. Meeting adjourned at 6:42 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 7, 2021. I further certify that a quorum was present. ________________________________________ Cherry L. Lawson, Town Clerk Marana Regular Council Meeting 09/21/2021 Page 70 of 412      Council-Regular Meeting   A1        Meeting Date:09/21/2021   To:Mayor and Council From:Cynthia Ross, Senior Planner Date:September 21, 2021 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Ordinance No. 2021.019: Relating to Development; approving a rezoning of approximately 47 acres of land, generally located on the northwest corner of Barnett Road and Sandario Road, from R-6 (Residential) to R-4 (Residential) (Cynthia Ross) Discussion: Request Cypress Green Gardens LLC, represented by Paradigm Land Design LLC, is requesting approval to rezone approximately 47 acres of land from R-6 (Residential) to R-4 (Residential) for the purpose of revising the existing Cypress Gardens subdivision.   Location The property is located on the northwest corner of Barnett Road and Sandario Road in a portion of Section 28, Township 11S, Range 11E, and is approximately a quarter mile west of the Marana Civic Center complex.   Background The property has been subject to several development approvals in the past. The original 2001 rezoning (Ordinance 2001.016) changed the property from Zone A (Small Lot Zone) to R-7 (Residential) for a proposed 183 lot subdivision and was approved with conditions to provide buffering for the Yoem Pueblo subdivision located east of the subject property, across Sandario Road. In 2013, Town staff determined that a number of the 2001 rezoning conditions warranted revision in order to conform to applicable State law and to accurately reflect and conform to the current Town of Marana policies and standard conditions. Ordinance Marana Regular Council Meeting 09/21/2021 Page 71 of 412 2013.020 addressed the irregularities and revised certain conditions of rezoning found in Ordinance 2001.016. In 2017, the property was final platted with 165 lots at 3.6 residences per acre (RAC) by Resolution 2017-057.   Land Use Proposal The proposed rezoning asks to permit a higher density residential subdivision with 217 homes and a RAC of 4.67. The proposed subdivision will feature a mix of lot sizes ranging from 4,400 square feet to over 6,000 square feet, with an average minimum lot size of approximately 5,000 square feet. The Preliminary Development Plan shows the lot layout of the two types of lots offered: 136 lots located on the eastern half of the subdivision proposes 40’ x 110’ lots, and 81 lots located on the western half of the subdivision proposes 50’ x 120’ lots.   Recreation and Trails The recreation area size and design will adhere to the Town’s recreational design standards. Central open space corridors with landscaping and decomposed granite walking paths will connect the open space areas between two recreation areas within the development. The smaller of the two recreation areas in the central portion of the project will include a ramada and seating. The larger recreation area in the northern portion of the project within the drainage basin will include a small activity field, ramada, and play structure. The basin has been designed so that most of the amenities will not be inundated except in the largest of storms. An important design consideration was providing safe and convenient pedestrian access to the main recreation area, which is separated from the homes south of the proposed extension of Bill Gaudette Drive. The developers have proposed installing a pedestrian underpass beneath the proposed extension. The ultimate pedestrian connection to the park will be determined by the Town Engineer.   Compatibility to Adjoining Development The subject property’s location, adjacent to Sandario Road and Barnett Road, minimizes the potential for this development to impact adjacent landowners. Measures to buffer the Sun Mobile Home & RV Park, on the adjacent north, are shown on the attached bufferyard exhibit and include: (1) a ten foot landscape bufferyard along the entire northern perimeter; (2) an eight foot decorative masonry wall on the western portion (where the future extension of Bill Gaudette Drive is planned) to block the headlights from the subdivision traffic into the Sun Mobile property; (3) a six foot decorative masonry wall east to Sandario Road.  Rear yard walls and landscape buffers will be provided along west and south boundaries to alleviate impacts to the existing residences.   Yoem Pueblo To the east, across Sandario Road, is the Yoem Pueblo community, a 25 lot subdivision owned by the Pascua Yaqui Tribe of Arizona and an Arizona Department of Housing designated colonia. Minimizing impacts to the Yoem Pueblo residents and the ceremonial activities that occur on the site were cause for several additional buffering requirements in previous zoning actions that are honored in this rezoning proposal and included as conditions in this rezoning ordinance. Conditions include: (1) a perimeter subdivision wall along the Sandario Road frontage shall consist of a minimum six foot Marana Regular Council Meeting 09/21/2021 Page 72 of 412 high decorative block wall; (2) increased plant materials within the minimum ten-foot bufferyard on Sandario Road; (3) no vehicular access permitted from Sandario Road closer than 700-feet north of Barnett Road, this includes the ~600 linear feet of Pascua Yaqui frontage plus an additional separation; (4) required notification to potential buyers that Yoem Pueblo, a cultural resource, is located across Sandario Road and contains sacred grounds that have active Tribal ceremonies on an ongoing basis. To further buffer the Yoem Pueblo residents, the Planning Commission, at a public hearing on August 25, 2021, recommended to the Town Council restricting homes on lots 46-58 to single-story. This condition and conditions one through three are depicted on the attached Preliminary Development Plan.   Access and Circulation Two subdivision access points are proposed onto Sandario Road: a north entrance via the proposed Bill Gaudette Drive and a south entrance located midway through the subdivision. Additional turning lanes on Sandario Road will be provided where warranted.   Infrastructure and Public Utilities Marana Water will serve this subdivision. An extension of Marana’s public water system may be required to be constructed by the developer. This development will connect to the existing Town of Marana sewer line in Sandario Road. No offsite sewer improvements are anticipated to be necessary. The property is located within the Tucson Electric Power service area. Existing overhead lines will be undergrounded to accommodate the proposed development. Southwest Gas will supply natural gas services to this development.   Marana General Plan The Make Marana 2040 General Plan designates the property as Traditional Neighborhood (TN) and is included in the “Central Growth Area”, which is projected to become the main “Downtown” area for the Town of Marana. The Traditional Neighborhood category allows for a range of residential densities between 2 dwelling units per acre to 18 dwelling units per acre. The 217 homes proposed on the 46.4 acre property result in a density of 4.67 RAC, which is consistent with the existing Traditional Neighborhood land use designation.   Citizen Participation An attached memorandum summarizes Paradigm Land Design’s public outreach efforts which have taken the form of a virtual online neighborhood meeting and mailings to property owners within 300 feet of the property.   Notification This public hearing was properly noticed in the Daily Territorial newspaper, and all property owners within 300 feet of the rezoning area were noticed by U.S. Mail of the date, time, and topic of the public hearing. Additional notices were posted at various locations within the community and on the Town website. At the time of this report, no letters of protest or comment have been received by Town staff.   Case Analysis and Review Criteria Marana Regular Council Meeting 09/21/2021 Page 73 of 412 Pursuant to Marana Town Code Section 17-3-1(D), the Planning Commission and the Town Council shall consider the following questions, at a minimum, in reviewing an application for rezoning:   Case Analysis Review Criteria Any change of character in the area due to installation of public facilities, other zone changes, new growth trends, deterioration, and development; 1. Based upon the requirements and conditions, the rezoning amendment does not appear to be detrimental to the character of the area due to installation of public facilities or any other rezoning changes. The degree to which the proposed zoning will benefit the community; whether there will be benefits derived by the community, or area, by granting the proposed rezoning; 2. With the acceptance of the recommended conditions, this rezoning will benefit the community by providing additional residential options. Whether the proposed rezoning is compatible with the surrounding area or whether there will be adverse impacts on the capacity or safety of the portion of street network influenced by the rezoning, parking problems, or environmental impacts that the new use will generate such an excessive storm runoff, water, air, or noise pollution, excessive nighttime lighting, or other nuisances; 3. Based on the recommended requirements and conditions, the rezoning amendment is compatible with the surrounding area and does not appear to be adversely impact the adjacent street network or generate such excessive storm runoff, water, air, or noise pollution, excessive nighttime lighting, or other nuisances. Whether the proposal conforms with and is in furtherance of the implementation of the goals and policies of the general plan, other adopted plans, and the goals, objectives and policies of the land development code, and other town regulations and guidelines, including goals and policies relating to economic development; 4. The rezoning amendment conforms to the goals and policies of the general plan, the land development code, and other town regulations and guidelines. The zoning districts and existing land uses of the surrounding properties;5. Based on the recommended requirements and conditions, the rezoning amendment is compatible with the surrounding properties zoning and existing land use. That the existing and proposed transportation infrastructure is suitable and adequate to serve the traffic anticipated to be generated by the proposed development; 6. With the acceptance of the recommended conditions, the existing and proposed transportation infrastructure is suitable and adequate to serve the traffic anticipated to be generated by the proposed development. Whether the existing and proposed utility infrastructure, public facilities, and public services are suitable and adequate to serve the proposed rezoning area; 7. Marana Regular Council Meeting 09/21/2021 Page 74 of 412 Based upon the rezoning requirements and conditions, there is adequate utility infrastructure, public facilities, and public services in the area to serve the proposed rezoning area. Whether the subject property is suitable for the uses to which it has been restricted under the existing zoning classification; 8. Based upon the rezoning requirements and conditions, the subject property is suitable for the proposed uses. Whether the rezoning is compatible with the adjacent neighborhood, especially residential neighborhood stability and character; 9. Based upon the rezoning requirements and conditions, this rezoning amendment is compatible with the adjacent neighborhood in area stability and character. If applicable, the length of time the subject property has remained vacant as zoned:10. The subject property has remained vacant since annexation in to the Town. Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs: 11. Based upon the rezoning amendment subject area location, there is an adequate supply of land available in the area and the surrounding community to accommodate the zoning and community needs. Staff Recommendation: This is a discretionary item for the Town Council to consider. Should the Town Council wish to approve this item, staff recommends the approval be subject to the conditions set forth in the draft ordinance. Planning Commission Recommendation The Planning Commission heard the request for the proposed rezoning at a public hearing on August 25, 2021, and voted 7-0 to recommend approval of the rezoning to the Town Council subject to the recommended conditions and with two additional recommended conditions. Condition #1: the homes on lots 46-58 shall be restricted to single story homes; this recommended condition is condition #24 on the proposed ordinance.  Condition #2: the street in the southwest corner of the subdivision shall connect to Barnett Road or a cul-de-sac will be provided in that location, per Town Engineer approval; this recommended condition is condition #25 on the proposed ordinance. Suggested Motion: I move to adopt Ordinance No. 2021.019 approving the Cypress Gardens Rezoning subject to the recommended conditions.   Marana Regular Council Meeting 09/21/2021 Page 75 of 412 Attachments Ord.2021.019 Exhibit A - Legal Description Cypress Gardens Preliminary Development Plan Cypress Gardens Rezoning Site Analysis Application Location Map Cypress Gardens Bufferyard Exhibit Cypress Gardens Public Outreach Summary Marana Regular Council Meeting 09/21/2021 Page 76 of 412 Ordinance No. 2021.019 - 1 - 9/16/2021 10:35 AM [CLR] MARANA ORDINANCE NO. 20 21.019 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 47 ACRES OF LAND, GENERALLY LOCATED ON THE NORTHWEST CORNER OF BARNETT ROAD AND SANDARIO ROAD, FROM R -6 (RESIDENTIAL) TO R -4 (RESIDENTIAL) WHEREAS on October 20, 2001, the Mayor and Town Council adopted Ordinance No. 2001.016 rezoning land at the northwest corner of Sandario and Barnett Roads from “Zone A” to “R -6” (Residential); and WHEREAS on August 20, 2013, the Mayor and Town Council adopted Ordinance No. 2013.020 amending Ordinance No. 2001.016 by revising certain rezoning conditions in order to conform to applicable state law and to accurately reflect and conform to the current Town of Marana policies and standard co nditions; and WHEREAS Cypress Green Gardens L.L.C. (the “Property Owners”) owns the land that was subject to Ordinances 2001.016 and 2013.020, described as 47 acres of land located at the northwest corner of Sandario and Barnett Roads within a portion of Section 28, Township 11 South, Range 11 East , and more particularly described on Exhibit “A” attached to and incorporated in this ordinance by this reference (the “Rezoning Area”); and WHEREAS the Property Owners have authorized Paradigm Land Design LLC to submit an application to rezone the Rezoning Area from R-6 (Residential) to R-4 (Residential) (“this Rezoning”); and WHEREAS the Marana Planning Commission held a public hearing on this Rezoning on August 25, 2021 , and voted 7-0 to recommend approval of the rezoning to the Town Council subject to the recommended conditions and with two additional recommended conditions: 1) homes on lots 46-58 shall be restricted to single -story and 2) the street in the southwest corner of the subdivision shall connect to Barnett Road or a cul-de-sac will be provided in that location as accepted by the Town Engineer; and WHEREAS the Marana Town Council held a public hearing on this Rezoning on September 21, 2021 and determined that the a pplication for rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of the Rezoning Area is hereby changed from R-6 (Residential) to R -4 (Residential). Marana Regular Council Meeting 09/21/2021 Page 77 of 412 Ordinance No. 2021.019 - 2 - 9/16/2021 10:35 AM [CLR] Section 2. This Rezoning 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 Rezoning), and which shall be binding on the Property Owners and their successors in interest (all of whom are collectively included in the term “Property Owners” in the following conditions): 1. Compliance with all applicable provisions of the Town’s Codes and Ordinan ces 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 impact fees. 2. Any preliminary plat or development plan for any portion of the Rezoning Area shall be in substantial conformance with the Preliminary Development Plan presented to and approved by the Town Council as part of this Rezoning. 3. A master drainage study must be submitted by the Property Owners and accepted by the Town Engineer prior to Town approval of a preliminary plat or development plan for any portion of the Rezoning Area. 4. A water infrastructure and phasing plan (WIP) must be submitted by the Property Owners and accepted by the water provider prior to approval of a preliminary plat for any portion of the Rezoning Area. The WIP shall identify all on -site and off-site water facilities needed to serve the proposed development. The WIP shall include all information required by the water provider, such as (but not limited to) analysis of water use and fire flow requirements, and well source, reservoir, and booster station infrastructure needed to serve the proposed development. If the water provider requires a wate r service agreement as a condition of service to the proposed development, the Property Owners must enter into a water service agreement with the water provider consistent with the accepted WIP. 5. A master sewer plan must be submitted by the Property Owners and accepted by the Marana Water Reclamation Department (the “wastewater utility”) prior to the approval of any final plat or development plan for the Rezoning Area. The master sewer plan shall identify all on-site and off-site wastewater facilities needed to serve the proposed development, and shall include all information required by the wastewater utility. If the wastewater utility requires a sewer service agreement as a condition of service to the proposed development, the Property Owners must enter into a sewer service agreement with the wastewater utility consistent with the accepted master sewer plan. 6. The Property Owners must design and construct any roadway, drainage, water, and wastewater improvements, and dedicate or acquire any property rights ass ociated with those improvements, that the Town requires based on the data and findings of the accepted traffic impact analysis, the accepted master drainage study, the accepted WIP, the accepted master sewer plan, and other studies approved in connection w ith the approval of a preliminary plat or development plan for any portion of the Rezoning Area. Marana Regular Council Meeting 09/21/2021 Page 78 of 412 Ordinance No. 2021.019 - 3 - 9/16/2021 10:35 AM [CLR] 7. The final design of all streets and circulation facilities, including any gated or emergency access, must be accepted by the Northwest Fire District prior to T own Council consideration of a final plat for any portion of the Rezoning Area. 8. The maximum number of single family detached residential lots within the Rezoning Area shall not exceed 217. 9. No approval, permit or authorization by the Town of Marana authorizes violation of any Federal or State law or regulation or relieves the Property Owners 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 Property Owners should retain appropriate experts and consult appropriate Federal and State agencies to determine any action necessary to assure compliance with applicable laws and regulations. 10. The Property Owners shall transfer to the Marana Water Reclamation Department, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II for the Town providing designation of assured water supply and water service to the Rezoning Area. If Type I or Type II is needed on the Rezoning Area, the Marana Water Reclamation Department and the Property Owners shall arrive at an agreeable solution to the use of those water rights appurtenant to the affected portion of the Rezoning Area. 11. Prior to the issuance of any grading permits, the Property Owners shall submit evidence to the Town that all federal permit requirements have been met through the Army Corps of Engineers and the State Historic Preservation Office, if federal permits are required for the development of the Rezoning Area. 12. The Property Owners shall not cause any lot split of any kind without the written consent of the Town of Marana. 13. Prior to issuance of a building permit and pursuant to Marana Ordinance No. 99.02, the Property Owners within the Lower Santa Cruz River Levee Benefit Area shall reimburse the Town for the project’s proportionate share for the construction of the Lower Santa Cruz River Levee. 14. The Property Owners shall install a non-potable system to serve the common open space areas and other landscape amenities, as accept ed by the Cortaro-Marana Irrigation District. 15. The Property Owners shall notify p otential buyers that some or all of the property in the Rezoning Area is subject to an annual tax and assessme nt by Cortaro-Marana Irrigation District and Cortaro Water User’s Association. 16. The property owner shall ensure safe pedestrian access to the main recreation area, which is separated from the homes south of the proposed extension of Bill Gaudette Drive, by installing a pedestrian underpass beneath the proposed extension or another safe pedestrian connection treatment determined by the Town Engineer. 17. The perimeter subdivision wall along the Sandario Road frontage shall consist of a minimum six foot high decorative block wall. Marana Regular Council Meeting 09/21/2021 Page 79 of 412 Ordinance No. 2021.019 - 4 - 9/16/2021 10:35 AM [CLR] 18. The plant materials within the minimum 10 -foot bufferyard along the Sandario frontage, from the southern access point to Barnett Road shall be planted with a minimum of six tre es (50% 24-inch box o r greater) 12 shrubs, and 15 – one gallon ground cover / accent plants per 1,000 square feet of area. 19. The Property Owners shall notify p otential buyers that Yoem Pueblo, a cultural resource , is located across Sandario Road and contains sacred grounds that have active Tribal ceremonies on an ongoing basis. 20. V ehicular access from Sandario Road to the Rezoning Area must be located more than 700-feet north of Barnett Road . 21. The property contains potentially suitable habitat for the burrowing owl. Please note that the Western Burrowing Owl is pro tected under the Federal Migratory Bird Treaty Act of 1918 and State Law Titles 17 -101 and 17-235. Per the Act and state law, a qualified biologist (certified by AZ Game & Fish Dept. - AZGFD) must perform a survey 30 days prior to the start of grading. If a burrowing owl is detected during the survey, AZGFD will coordinate with the property owner to exclude or move the owls without causing delay to the project. 22. The Property Owners shall notify p otential buyers that an avigation easement has been recorded on this property in the Pima County Recorder’s Officer at Sequence No. 20141900040. 23. The Property Owners shall notify p otential buyers that the Rezoning Area falls in the Airport Influence Zone as delineated in the Make Marana 2040 General plan, and is subject to frequent overflight by general aviation aircraft. 24. Homes on lots 46-58 as shown on the Preliminary Development Plan, adjacent to Sandario Road, shall be restricted to single -story. 25. The street in the southwest corner of the subdivision shall connect to Barnett Road or a cul-de-sac will be provided in that location, as accepted by the Town Engineer. Section 3. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with th e provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 4. 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 . Marana Regular Council Meeting 09/21/2021 Page 80 of 412 Ordinance No. 2021.019 - 5 - 9/16/2021 10:35 AM [CLR] PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of September, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 09/21/2021 Page 81 of 412 Cypress Gardens Legal Description Lots 1 thru 165 and Common Areas “A’, “B” & “C” as shown on the Final Plat for Cypress Gardens (Seq. 20141710116). Marana Regular Council Meeting 09/21/2021 Page 82 of 412 67 Marana Regular Council Meeting 09/21/2021 Page 83 of 412 CYPRESS GARDENS REZONING SITE ANALYSIS (PCZ2103-003) PREPARED BY: CONTACT: PAUL OLAND GPO@PARADIGMLAND.US (520) 664-4304 IN COLLABORATION WITH: JULY 2021 Marana Regular Council Meeting 09/21/2021 Page 84 of 412 PARADIGM #19ARB01 G:\Projects\19ar Cypress Gardens\b01\0230\Site Analysis\Cypress Gardens Site Analysis (2nd Submittal).docx Marana Regular Council Meeting 09/21/2021 Page 85 of 412 Cypress Gardens Rezoning Site Analysis Table of Contents i TABLE OF CONTENTS I. Introduction .......................................................................................................................... 5 A. Background ............................................................................................................................................. 5 B. Project Overview ..................................................................................................................................... 5 C. Primary Objectives .................................................................................................................................. 6 II. Inventory & Analysis .............................................................................................................. 7 A. Existing Land Uses ................................................................................................................................... 7 1. Site Location ........................................................................................................................................................ 7 2. Existing Land Uses, Onsite Zoning & General Plan ............................................................................................... 7 Rezoning Ordinance 2013.020 .................................................................................................................................... 8 3. Avigation Easement ........................................................................................................................................... 12 4. Existing Adjacent Zoning and Land Uses ............................................................................................................ 12 Exhibit II-A-1: Site Location Map ............................................................................................................................... 15 Exhibit II-A-2: Existing Land Uses .............................................................................................................................. 16 Exhibit II-A-3: Existing General Plan Land Uses ......................................................................................................... 17 Exhibit II-A-4: Existing Zoning ................................................................................................................................... 18 B. Topography and Slope ........................................................................................................................... 19 1. Topographic Characteristics .............................................................................................................................. 19 2. Pre-Development Slope ..................................................................................................................................... 19 Exhibit II-B-1: Topography ........................................................................................................................................ 20 C. Hydrology .............................................................................................................................................. 21 1. Offsite Features Affecting Site ........................................................................................................................... 21 2. Acreage of Upstream Offsite Watersheds ......................................................................................................... 21 3. Onsite Hydrology Characteristics ....................................................................................................................... 22 4. Existing Drainage Conditions along the Downstream Property Boundary ......................................................... 23 Exhibit II-C-1: Onsite Hydrology ................................................................................................................................ 24 D. Vegetation ............................................................................................................................................ 25 1. On-site Vegetative Communities ....................................................................................................................... 25 2. Significant, Threatened, or Endangered Flora ................................................................................................... 25 3. Vegetative Densities .......................................................................................................................................... 25 Exhibit II-D-1: Vegetation.......................................................................................................................................... 26 E. Wildlife ................................................................................................................................................. 27 Exhibit II-E-1: AZGFD Report ..................................................................................................................................... 28 Marana Regular Council Meeting 09/21/2021 Page 86 of 412 Cypress Gardens Rezoning Site Analysis Table of Contents ii F. Soils and Geology .................................................................................................................................. 40 1. Soils .................................................................................................................................................................... 40 2. Geology .............................................................................................................................................................. 40 Exhibit II-F-1: Hydrologic Soils .................................................................................................................................. 41 G. Viewsheds ............................................................................................................................................. 42 1. Viewsheds from Adjacent Properties ................................................................................................................. 42 2. Views which may be Blocked by the Proposed Development ........................................................................... 42 3. Site Visibility ....................................................................................................................................................... 42 Exhibit II-G-1: Viewsheds .......................................................................................................................................... 43 Exhibit II-G-2: Viewshed Photographs....................................................................................................................... 44 H. Traffic.................................................................................................................................................... 54 1. Existing / Proposed Offsite Streets between the Development and Nearest Arterial Streets ........................... 54 2. Nearby Arterial Intersections ............................................................................................................................. 54 3. Nearby Arterial Streets ...................................................................................................................................... 55 4. Nearby Bicycle / Pedestrian Ways ..................................................................................................................... 55 Exhibit II-H-1: Roadway Network ............................................................................................................................. 56 I. Recreation and Trails ............................................................................................................................. 57 Exhibit II-I-1: Trails, Parks & Recreation .................................................................................................................... 58 J. Cultural, Archaeological, and Historic Resources .................................................................................... 59 1. Onsite Resources ............................................................................................................................................... 59 2. Archaeological Records ...................................................................................................................................... 59 K. Existing Infrastructure and Public Facilities ............................................................................................ 59 1. Sewer ................................................................................................................................................................. 59 2. Water ................................................................................................................................................................. 59 3. Natural Gas ........................................................................................................................................................ 59 4. Electric ............................................................................................................................................................... 59 5. Fire Service......................................................................................................................................................... 59 6. Police Service ..................................................................................................................................................... 60 Exhibit II-K-1: Existing Wells & Septic Systems .......................................................................................................... 61 L. McHarg Composite Map Discussion ....................................................................................................... 62 Exhibit II-L-1: McHarg Composite Map ..................................................................................................................... 63 Marana Regular Council Meeting 09/21/2021 Page 87 of 412 Cypress Gardens Rezoning Site Analysis Table of Contents iii III. Land Use Proposal ................................................................................................................64 A. Purpose & Intent ................................................................................................................................... 64 B. Relationship to Town of Marana Adopted Plans ..................................................................................... 64 C. Compatibility to Adjoining Development ............................................................................................... 64 D. Land Use Proposal ................................................................................................................................. 65 Exhibit III-D-1: Proposed Zoning ............................................................................................................................... 66 Exhibit III-D-2: Preliminary Development Plan (PDP) ................................................................................................ 67 E. Grading Concept ................................................................................................................................... 68 Exhibit III-E-1: Preliminary Grading Plan ................................................................................................................... 69 F. Post-Development Hydrology ................................................................................................................ 70 Exhibit III-F-1: Post-Development Hydrology ............................................................................................................ 71 G. Vegetation & Landscaping ..................................................................................................................... 72 Exhibit III-G-1: Bufferyards ........................................................................................................................................ 73 H. Wildlife ................................................................................................................................................. 74 I. Viewsheds ............................................................................................................................................. 74 J. Traffic.................................................................................................................................................... 74 Exhibit III-J-1: Proposed Roadway Network .............................................................................................................. 75 K. Public Utilities ....................................................................................................................................... 76 1. Water ................................................................................................................................................................. 76 2. Sewer ................................................................................................................................................................. 76 3. Electric ............................................................................................................................................................... 76 4. Natural Gas ........................................................................................................................................................ 76 5. Telecommunications .......................................................................................................................................... 76 6. CMID .................................................................................................................................................................. 76 Exhibit III-K-1: Preliminary Potable Water Plan......................................................................................................... 77 Exhibit III-K-2: Preliminary Sewer Plan ...................................................................................................................... 78 L. Public Service Impacts ........................................................................................................................... 79 1. Police ................................................................................................................................................................. 79 2. Fire ..................................................................................................................................................................... 79 3. Trash & Recycling ............................................................................................................................................... 79 4. Schools ............................................................................................................................................................... 79 5. Parks .................................................................................................................................................................. 79 Exhibit III-L-1: School District Letter .......................................................................................................................... 80 Marana Regular Council Meeting 09/21/2021 Page 88 of 412 Cypress Gardens Rezoning Site Analysis Table of Contents iv M. Recreation & Trails ................................................................................................................................ 81 N. Cultural, Archaeological & Historic Resources ........................................................................................ 81 TABLE OF EXHIBITS Rezoning Ordinance 2013.020 ......................................................................................................................................................... 8 Exhibit II-A-1: Site Location Map ................................................................................................................................................... 15 Exhibit II-A-2: Existing Land Uses .................................................................................................................................................. 16 Exhibit II-A-3: Existing General Plan Land Uses ........................................................................................................................ 17 Exhibit II-A-4: Existing Zoning......................................................................................................................................................... 18 Exhibit II-B-1: Topography ............................................................................................................................................................... 20 Exhibit II-C-1: Onsite Hydrology .................................................................................................................................................... 24 Exhibit II-D-1: Vegetation ................................................................................................................................................................. 26 Exhibit II-E-1: AZGFD Report ........................................................................................................................................................... 28 Exhibit II-F-1: Hydrologic Soils ...................................................................................................................................................... 41 Exhibit II-G-1: Viewsheds .................................................................................................................................................................. 43 Exhibit II-G-2: Viewshed Photographs ......................................................................................................................................... 44 Exhibit II-H-1: Roadway Network ................................................................................................................................................. 56 Exhibit II-I-1: Trails, Parks & Recreation ...................................................................................................................................... 58 Exhibit II-K-1: Existing Wells & Septic Systems ........................................................................................................................ 61 Exhibit II-L-1: McHarg Composite Map ....................................................................................................................................... 63 Exhibit III-D-1: Proposed Zoning ................................................................................................................................................... 66 Exhibit III-D-2: Preliminary Development Plan (PDP) ............................................................................................................. 67 Exhibit III-E-1: Preliminary Grading Plan ..................................................................................................................................... 69 Exhibit III-F-1: Post-Development Hydrology ........................................................................................................................... 71 Exhibit III-G-1: Bufferyards ............................................................................................................................................................... 73 Exhibit III-J-1: Proposed Roadway Network .............................................................................................................................. 75 Exhibit III-K-1: Preliminary Potable Water Plan ........................................................................................................................ 77 Exhibit III-K-2: Preliminary Sewer Plan ......................................................................................................................................... 78 Exhibit III-L-1: School District Letter ............................................................................................................................................. 80 Marana Regular Council Meeting 09/21/2021 Page 89 of 412 Cypress Gardens Rezoning Site Analysis I. Introduction 5 I. INTRODUCTION A. BACKGROUND The Cypress Gardens property (the “Property”) is 46.4± acres located at the northwest corner of the intersection of Barnett Road and Sandario Road in Marana, Arizona. The Property has been subject to several development approvals in the past: • Ordinance 2001.16: Rezoning from “A” Zone (Small Lot) to R-6. This rezoning proposed 183 lots (3.9 homes per acre) and was approved with conditions added by Town Council to provide additional buffering for the Yoem Pueblo subdivision across Sandario Road from the Property. • Ordinance 2013.020: Rezoning conditions revision. Conditions of approval were stricken and added to address provisions inconsistent with 2013 Town of Marana policies and actions that occurred between 2001 and 2013, and to conform the 2001 rezoning conditions to then-current (2013) policies and standard conditions. • Resolution 2017.057: Final plat (and preliminary plat) of 165 lots (3.6 homes per acre), which is still in place today. B. PROJECT OVERVIEW In response to demand for smaller home sites in this vicinity this rezoning is proposed to permit the development of a residential neighborhood featuring somewhat smaller lot sizes than the existing plat. The proposed subdivision of 217 homes (4.7 homes per acre vs. 3.6 per the existing plat) will feature a mix of lot sizes ranging from 4,400 square feet to over 6,000 square feet, with an average minimum lot size of approximately 5,000 square feet. Cypress Gardens is bounded by Sandario Road to the east, Barnett Road to the south, single-family residential and undeveloped parcels to the west, and the Valley of the Sun Mobile Home & RV Park to the north. The Pascua Yaqui Yoem Pueblo subdivision is across Sandario Road from the Property. The additional buffering considerations mentioned above for the Yoem Pueblo will be honored in this rezoning request. The Make Marana 2040 General Plan’s “Traditional Neighborhood” designation indicates that residential densities can range between 2 - 18 homes per acre which is appropriate for the Cypress Gardens property, as proposed. This document has been prepared in support of a request to rezone the Property from “R-6 Residential” to “R-4 Residential”. Marana Regular Council Meeting 09/21/2021 Page 90 of 412 Cypress Gardens Rezoning Site Analysis I. Introduction 6 C. PRIMARY OBJECTIVES • Provide much needed high-quality, energy efficient, single-family detached homes for new residents wishing to live in the Town of Marana. Homebuyers continue to exhibit strong demand for new homes in this northwest part of the Tucson metropolitan area. • Provide a variety of lot sizes to accommodate moderate-income families. • Construct a residential community that is compatible with both existing and future surrounding land uses. • Fulfill elements of the Town of Marana Strategic Plan by creating meaningful open space, and trail connectivity. • Improve upon the previous design and make better use of the land and surrounding infrastructure. Being bound on two of its four sides by major roads, Cypress Gardens will have minimal impact on nearby landowners. Land to the south is already zoned and/or under development as residential subdivisions within Rancho Marana. Land to the north contains the Valley of the Sun Mobile Home & RV Park. Land to the west is largely undeveloped and contains the Marana Mortuary Cemetery, and land to the east contains single-family residential and downtown Marana. Detail of the Main Recreation Area Marana Regular Council Meeting 09/21/2021 Page 91 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 7 II. INVENTORY & ANALYSIS The purpose of the Inventory & Analysis section of this document is to catalog the various developmental opportunities and constraints impacting the Property in order to provide a meaningful and relevant context for the development proposal detailed in Section III of this document. Through careful consideration of these existing conditions a design can be deemed compatible with its surroundings and appropriate for the area. A. EXISTING LAND USES 1. Site Location The Property is currently platted with 165 lots and open space totaling approximately 46.4 acres located at the northwest corner of the intersection of Barnett Road and Sandario Road within Section 28, Township 11 South, Range 11 East, Town of Marana, Arizona. See Exhibit II-A-1: Site Location Map. The Project’s administrative address is 13401 N. Sandario Rd., Marana, AZ 85653. 2. Existing Land Uses, Onsite Zoning & General Plan The Property is currently undeveloped and vacant. See Exhibit II-A-2: Existing Land Uses. As discussed earlier in this document, the Property is currently zoned R-6 (Residential) with a minimum lot size of 6,000 square feet. The R-6 zoning was established in 2001 and some conditions of approval were revised in 2013. Ordinance 2013.020 is provided on the following pages. See Exhibit II-A-4: Existing Zoning. The Make Marana 2040 General Plan designates the Property as Traditional Neighborhood and is included in the “Central Growth Area”. As stated in the General Plan, this Central Growth Area is projected to become the main “Downtown” area for the Town of Marana. With lots of space for growth, this area is envisioned to include event and gathering spaces, shops, entertainment destinations, and employment opportunities. New residential developments such as Cypress Gardens will help support robust commercial activity throughout Downtown. This project will provide a variety of housing types and price ranges to promote growth in Downtown Marana. See Exhibit II-A-3: Existing General Plan Land Uses. Marana Regular Council Meeting 09/21/2021 Page 92 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 8 Rezoning Ordinance 2013.020 Marana Regular Council Meeting 09/21/2021 Page 93 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 9 Rezoning Ordinance 2013.020 (cont’d) Marana Regular Council Meeting 09/21/2021 Page 94 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 10 Rezoning Ordinance 2013.020 (cont’d) Marana Regular Council Meeting 09/21/2021 Page 95 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 11 Rezoning Ordinance 2013.020 (cont’d) Marana Regular Council Meeting 09/21/2021 Page 96 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 12 3. Avigation Easement The Property is within the airport influence area for aircraft utilizing Marana Regional Airport and is subject to an existing avigation easement (Pima County Recorder Sequence #2014190040) that is perpetual and runs with the land. A note will be placed on the final plat notifying future residents of the easement. 4. Existing Adjacent Zoning and Land Uses a. Surrounding Zoning & Land Uses The Property is surrounded by properties featuring the following zoning designations and land uses. See Exhibit II-A-2: Existing Land Uses and Exhibit II-A-4: Existing Zoning. N: Existing zoning: A-Small Lot Zone Existing land use: Valley of the Sun Mobile Home & RV Park NE: Existing zoning: A-Small Lot Zone Existing land use: Sandario Road and Undeveloped Land E: Existing zoning: A-Small Lot Zone Existing land use: Sandario Road, the current western terminus of Bill Gaudette Drive, the Yoem Pueblo Subdivision, and the Marana Health Center and Municipal Complexes Beyond SE: Existing zoning: Rancho Marana Specific Plan Existing land use: The Intersection of Sandario Rd. & Barnett Road, Residential, and Undeveloped Land (Vanderbilt Farms) S: Existing zoning: Rancho Marana Specific Plan Existing land use: Barnett Rd. and Undeveloped Land (Rancho Marana Block 3) SW: Existing zoning: Rancho Marana Specific Plan Existing land use: Barnett Rd. and Undeveloped Land (Rancho Marana Block 4) W: Existing zoning: A-Small Lot Zone & Las Pilas Specific Plan Existing land use: Residential, Undeveloped Land, and the Marana Mortuary Cemetery NW: Existing zoning: Las Pilas Specific Plan Existing land use: Undeveloped Land Marana Regular Council Meeting 09/21/2021 Page 97 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 13 b. Surrounding Building Heights Nearby structures are a mix of single and two-story. Some buildings within the Marana Municipal Complex and Marana Health Center campus are 3-story. c. Nearby Pending Rezonings There are no pending rezonings within one-quarter mile. The Remington Ranch rezoning is just over one-quarter mile to the southwest. d. Nearby Approved Rezonings There are no recently approved rezonings within one-quarter mile. e. Nearby Approved Subdivisions & Development Plans The Pascua Yaqui Yoem Pueblo subdivision is across Sandario Road from the Property. The Yoem Pueblo property has been occupied with houses and other buildings for many years and was subject to a formal subdivision plat in 2016. Minimizing impacts to the Yoem Pueblo residents and the ceremonial activities that occur onsite were cause for several additional buffering requirements in previous zoning actions. Those buffering requirements will be honored as part of this rezoning proposal. The Rancho Marana Specific Plan is across Barnett Road, directly south of Cypress Gardens. Rancho Marana Blocks 1 and 2 (Solara) are completely built out. Rancho Marana Block 3 is approved for 128 lots and Rancho Marana Block 4 is approved for 81 lots, but construction has yet to begin. The Farm Field Five subdivision, also a part of the Rancho Marana Specific Plan, is approximately one-quarter mile southeast of Cypress Gardens and is currently under construction. Rancho Marana Block 1 Marana Regular Council Meeting 09/21/2021 Page 98 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 14 f. Architectural Styles used in Adjacent Properties Architectural styles of site-built homes east of Cypress Gardens are typical of most unplanned development in rural Marana, which is a mix of traditional and contemporary southwest homes. Architectural styles in surrounding subdivisions under construction will be mainly wood frame homes that utilize stucco and stone veneer and have either a flat or gabled tile roof. Residences built within this Project will be subject to the Town of Marana Residential Design Standards, which apply to developments in which any lot is 16,000 square feet or less in size. Southwestern Architectural Style Marana Regular Council Meeting 09/21/2021 Page 99 of 412 Marana Regular Council Meeting 09/21/2021 Page 100 of 412 Marana Regular Council Meeting 09/21/2021 Page 101 of 412 Marana Regular Council Meeting 09/21/2021 Page 102 of 412 Marana Regular Council Meeting 09/21/2021 Page 103 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 19 B. TOPOGRAPHY AND SLOPE 1. Topographic Characteristics The topography of Cypress Gardens is characterized by extremely flat terrain due to historic farming activity. The property generally slopes downward from southeast to northwest. Elevations range from approximately 1,987 feet above sea level at the southeast corner to 1,982 feet above sea level at the northwest corner of the property. The site does not contain any hillside conservation areas, rock outcrops, slopes of 15% or greater, or other significant topographic features. See Exhibit II-B-1: Topography. 2. Pre-Development Slope a. Average Cross-Slope The pre-development average cross-slope of the subject property is approximately 0.35%, according to the following formula: C = Contour Interval L = Length of Topographic Contours A = Acreage of Site (C x L x 0.0023) / A = Average Cross Slope (1’ x 7,229’ x 0.0023) / 46.4 = 0.35% b. Average Overall Slope The pre-development average overall slope is 0.3% from the southeast corner to the northwest corner of the project boundary. A Flat Site Typical of Farmed Land Marana Regular Council Meeting 09/21/2021 Page 104 of 412 Marana Regular Council Meeting 09/21/2021 Page 105 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 21 C. HYDROLOGY This section of the site analysis describes pre-development onsite hydrologic and hydraulic characteristics. 1. Offsite Features Affecting Site The Barnett Channel / Basin intercepts runoff approaching the area from the southeast. Stormwater from Barnett Road is intercepted by two irrigation canals along the southern property boundary (see picture, below). The southern canal is within a 25’ CMID easement onsite. The northern canal is private and just serves the onsite farming operation. 2. Acreage of Upstream Offsite Watersheds The general drainage pattern in this region has runoff moving to the northwest and there are no offsite watersheds contributing to Cypress Gardens due to the aforementioned Barnett Channel / Basin and irrigation canals. Along the Upstream Property Boundary the Barnett Channel / Basin and Local Irrigation Canals Keep Offsite Stormwater from Entering the Property Marana Regular Council Meeting 09/21/2021 Page 106 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 22 3. Onsite Hydrology Characteristics There are no well-defined onsite watershed boundaries due to the sheet flow conditions present throughout the undeveloped properties in the project vicinity. Areas of sheet flooding are present across the entire Property, and generally drain toward the northwest corner of the Property. As mentioned above, a CMID irrigation canal exists within a 25’ easement along the Property’s southern edge. CMID has been notified that no encroachment is proposed into that easement. Any detailed engineering related to that CMID facility, such as undergrounding, will be addressed during the platting stage. a. 100-year Floodplains with Peak Discharges ≥ 50 CFS All peak discharges entering and exiting the site, as well as their contributing drainage areas have been shown on Exhibit II-C-1: Onsite Hydrology. b. Areas of Sheet Flooding and Average Depths Areas of sheet flooding are present across this entire development site. c. Federally mapped floodways and floodplains The FEMA Flood Insurance Rate Map Panel 04019C1030L shows nearly the entire property to be in shaded Zone X which indicates “areas of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood”. A small area in the northeast corner of the site is designated AO-1, indicating possible sheet flow with depths of up to one foot during a 1% annual chance flood. That area lies north of the Gaudette Road alignment and will be used for stormwater management See Exhibit II-C-1: Onsite Hydrology. SUBJECT PROPERTY Marana Regular Council Meeting 09/21/2021 Page 107 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 23 4. Existing Drainage Conditions along the Downstream Property Boundary Stormwater runoff leaves the site along the north and west boundary via irrigation canals and sheet flow. Direction of Stormwater Flow Along Western Downstream Boundary Direction of Stormwater Flow Along Northern Downstream Boundary Marana Regular Council Meeting 09/21/2021 Page 108 of 412 Marana Regular Council Meeting 09/21/2021 Page 109 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 25 D. VEGETATION 1. On-site Vegetative Communities Cypress Gardens has historically been used for agriculture purposes. Thus, there is no existing native vegetation onsite. There are no significant or native species within the limits of the subject property. 2. Significant, Threatened, or Endangered Flora No threatened or endangered flora are known to exist on site. 3. Vegetative Densities Vegetative density of the subject site is 0% plant cover. See Exhibit II-D-1: Vegetation. Marana Regular Council Meeting 09/21/2021 Page 110 of 412 Marana Regular Council Meeting 09/21/2021 Page 111 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 27 E. WILDLIFE The Arizona Game and Fish Department’s online review tool has been consulted, and the Environmental Review report, dated January 3, 2021, indicates that several federally listed species have been known to exist in the vicinity of this development. Any protected species encountered onsite will be handled according to applicable regulatory criteria. See Exhibit II-E-1: AZGFD Report. Marana Regular Council Meeting 09/21/2021 Page 112 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 28 Exhibit II-E-1: AZGFD Report Marana Regular Council Meeting 09/21/2021 Page 113 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 29 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Council Meeting 09/21/2021 Page 114 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 30 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Council Meeting 09/21/2021 Page 115 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 31 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Council Meeting 09/21/2021 Page 116 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 32 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Council Meeting 09/21/2021 Page 117 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 33 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Council Meeting 09/21/2021 Page 118 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 34 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Council Meeting 09/21/2021 Page 119 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 35 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Council Meeting 09/21/2021 Page 120 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 36 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Council Meeting 09/21/2021 Page 121 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 37 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Council Meeting 09/21/2021 Page 122 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 38 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Council Meeting 09/21/2021 Page 123 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 39 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Council Meeting 09/21/2021 Page 124 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 40 F. SOILS AND GEOLOGY 1. Soils Soils in the vicinity of this development are classified by the U.S. Natural Resources Conservation Service (NRCS) as 100% “Soil Group A” hydrologic soil group (Vinton-anthony sandy loam), 100% “Soil Group B” hydrologic soil group (Agua very fine sandy loam and Gila loam, 0 to 1 percent slopes), and 100% “Soil Group C” (Grabe silty clay loam). Detailed geotechnical investigation will be performed prior to development. See Exhibit II-F-1: Hydrologic Soils. 2. Geology Cypress Gardens lies within the Santa Cruz River basin valley. According to the Arizona Geological Survey’s online Geologic Map of Arizona (data.azgs.az.gov/geologic-map-of-arizona/) the subject property’s geology is described as “Quaternary Surficial deposits, undivided (0-2 Ma): Unconsolidated to strongly consolidated alluvial and eolian deposits. This unit includes coarse, poorly sorted alluvial fan and terrace deposits on middle and upper piedmonts and along large drainages; sand, silt and clay on alluvial plains and playas; and wind-blown sand deposits.” Marana Regular Council Meeting 09/21/2021 Page 125 of 412 Marana Regular Council Meeting 09/21/2021 Page 126 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 42 G. VIEWSHEDS 1. Viewsheds from Adjacent Properties Primary views from the site are of the Tortolita Mountains and Catalina Mountains to the east, and the Tucson Mountains to the south. Due to the extremely flat nature of the site and the surrounding areas and the distances to these mountains, these views are minimal. Development of Cypress Gardens will not block these views for the existing homes in the area. See Exhibit II-G-1: Viewsheds and Exhibit II-G-2: Viewshed Photographs. 2. Views which may be Blocked by the Proposed Development None. 3. Site Visibility Due to the lack of existing vegetation and the relatively even and flat nature of the topography, views into the subject property are excellent and have no sight restrictions across the entire property. View Toward the Tortolita Mountains From South End of the Property Marana Regular Council Meeting 09/21/2021 Page 127 of 412 Marana Regular Council Meeting 09/21/2021 Page 128 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 44 Exhibit II-G-2: Viewshed Photographs Photo Location #1: Looking North across the Property Photo Location #1: Looking South from the Property Marana Regular Council Meeting 09/21/2021 Page 129 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 45 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #2: Looking Northeast across the Property Photo Location #2: Looking East along the Southern Boundary Marana Regular Council Meeting 09/21/2021 Page 130 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 46 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #2: Looking West from the Property Photo Location #2: Looking South from the Property Marana Regular Council Meeting 09/21/2021 Page 131 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 47 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #3: Looking East across the Property Photo Location #3: Looking West from the Property Marana Regular Council Meeting 09/21/2021 Page 132 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 48 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #4: Looking Southeast across the Property Photo Location #4: Looking North from the Property Marana Regular Council Meeting 09/21/2021 Page 133 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 49 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #5: Looking South across the Property Photo Location #5: Looking North from the Property Marana Regular Council Meeting 09/21/2021 Page 134 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 50 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #6: Looking South along Sandario Road Photo Location #6: Looking East from the Property Marana Regular Council Meeting 09/21/2021 Page 135 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 51 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #7: Looking West across the Property Photo Location #7: Looking East from the Property Marana Regular Council Meeting 09/21/2021 Page 136 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 52 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #8: Looking South from the Property Photo Location #8: Looking East from the Property Marana Regular Council Meeting 09/21/2021 Page 137 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 53 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #8: Looking Northwest across the Property Photo Location #8: Looking West across the Property Marana Regular Council Meeting 09/21/2021 Page 138 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 54 H. TRAFFIC The Property is within a developing area of Marana, so nearby trunk roadway infrastructure has been getting built in phases over the years as various developments have been constructed. This project, in fact, will contribute its fair share to the regional roadway network by constructing approximately one-quarter mile of Bill Gaudette Drive, terminating at the Property’s western edge where it will eventually be extended further when the Las Pilas Specific Plan develops. Vehicular access in the area is generally uncomplicated and existing traffic volumes are relatively low. Access to the Property is only available via Sandario Road (and the Project’s extension of Bill Gaudette Drive) because Barnett Road, which forms the Property’s southern boundary, is planned to be abandoned by the Town of Marana in the future. The original rezoning of the Property in 2001 included a restriction that no vehicular access should be available to Sandario Road within 700 feet of Barnett Road. This restriction is being honored as part of this rezoning request. The “Cypress Green Gardens Traffic Impact Analysis” by M Esparza Engineering LLC, dated 6/17/2021 has been submitted as a standalone report and provides additional details about the existing roadway system in the project vicinity. 1. Existing / Proposed Offsite Streets between the Development and Nearest Arterial Streets None. The site is adjacent to Barnett Road and Sandario Road, both of which are collector streets. The 2045 P.A.G. Regional Mobility and Accessibility Plan proposes to widen Marana Road to a 4-lane roadway, with multi-use lanes and sidewalks from Trico Road to Interstate-10. It also proposes to widen Moore Road to a 4-lane divided roadway with bike lanes and sidewalks from Sanders Road to Adonis Road. Both projects are within a mile of Cypress Gardens, and the existing arterial roadway system has ample capacity to support this project. 2. Nearby Arterial Intersections The three existing arterial intersections within a mile of the of the site that will carry traffic generated by this development are Marana Road / Sandario Road / Interstate-10, Moore Road / Sanders Road, and Moore Road / Tangerine Farms Road. All three are unsignalized. Sandario Rd. & Bill Gaudette Dr. Marana Regular Council Meeting 09/21/2021 Page 139 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 55 3. Nearby Arterial Streets All the traffic generated by this project will be accommodated by Sandario Road and Barnett Road. In the future, Tangerine Farms Road will be extended further north from its current terminus at Clark Farms Boulevard. That construction will presumably include a roughly 200-foot westward extension of Bill Gaudette Road from the Property to Tangerine Farms Road. Once that connection is made, future residents of this Project will have more immediate access to Tangerine Farms Road, which is a regional arterial roadway. See Exhibit II-H-1: Roadway Network. Roadway Name Planned Right-of-Way Width Exist. Lanes Median Type Speed Limit General Plan Designation Barnett Road 60’+ 2 None 35 mph Other Existing Main Road Clark Farms Boulevard 90’ 3 None 40 mph Collector Grier Road (East of Future Tangerine Farms Rd.) 90’ 2 None 35 mph Collector Grier Road (West of Future Tangerine Farms Rd.) 150’ 2 None 35 mph Arterial Sandario Road 90’ 2 None 35 mph Collector Moore Road 250’ 2 None 35 mph Arterial Sanders Road 250’ 2 None 45 mph Arterial Tangerine Farms Road (Future) 250’+ 4 Raised 45 mph Arterial Interstate 10 Varies 6 Depressed 75 mph Interstate 4. Nearby Bicycle / Pedestrian Ways There are no dedicated pedestrian or bicycle facilities nearby. In the future, Tangerine Farms Road will include such facilities approximately 200 feet west of the Property. Marana Regular Council Meeting 09/21/2021 Page 140 of 412 Marana Regular Council Meeting 09/21/2021 Page 141 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 57 I. RECREATION AND TRAILS The Ora Mae Harn District Park is just half a mile to the east and is easily accessible from Cypress Gardens via Barnett Road. This public park features an adult softball field, basketball court, a lighted multi-purpose/soccer field, several ramadas with grills, open space grass areas, pickleball courts, a tennis court, a community center and pool with patios and restrooms, two playground areas, youth baseball and softball fields, and walking paths. The Marana Heritage River Park is just over a mile south of Cypress Gardens and will be easily accessible via Tangerine Farms Road once it is connected to Barnett Road. This public park features a pavilion with a grill, paved multi-use path system that provides access to the Juan Bautista de Anza National Historic Trail and the Santa Crus River Park Shared Use Path, restrooms, and 40 community garden plots. The Gladden Farms Community Park is approximately a mile and a half to the southeast of Cypress Gardens. This public park features a splash pad, two little league fields, a soccer/multi-use field, ramada with a grill and picnic area, playground, restrooms, and access to the Santa Cruz River Park Shared Use Path. The San Lucas Community Park is approximately one mile to the northeast of Cypress Gardens. It is located north of Interstate-10, so pedestrian connectivity is very limited. The paved multi-use path along Tangerine Farms Road provides pedestrian connectivity to the Town’s broader trail system. See Exhibit II-I-1: Trails, Parks & Recreation. Marana Regular Council Meeting 09/21/2021 Page 142 of 412 Marana Regular Council Meeting 09/21/2021 Page 143 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 59 J. CULTURAL, ARCHAEOLOGICAL, AND HISTORIC RESOURCES 1. Onsite Resources No cultural resources are known to exist on the subject property. If any are found during construction, State and local antiquities laws and protocols will be followed. 2. Archaeological Records The Cypress Gardens property was surveyed for cultural resources by PAST in 2013. Nothing of significance was found and so it was determined that the development of this parcel could proceed within any further work. K. EXISTING INFRASTRUCTURE AND PUBLIC FACILITIES 1. Sewer Cypress Gardens is within the Marana Wastewater service area. It will connect to the existing sewer system in Sandario Road. No septic systems are believed to be within 100 feet of the subject property. See Exhibit II-K-1: Existing Wells & Septic Systems. 2. Water This project is within the Marana Water service area. No public or private wells area believed to exist within 100’ of the site. See Exhibit II-K-1: Existing Wells & Septic Systems. 3. Natural Gas The property is located within the Southwest Gas service area. 4. Electric The property is located within the Tucson Electric Power service area. Overhead electric (poles) exist along the south side of Barnett Road and the west side of Sandario Road. 5. Fire Service The property is within the Northwest Fire District. Station 36 is just over one-quarter mile east of the site and is easily accessible via Bill Gaudette Drive and Marana Main Street. Marana Regular Council Meeting 09/21/2021 Page 144 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 60 6. Police Service The property is located within the Town of Marana Police service area. The Main Station is located just under a half mile east of the site and is easily accessible via Bill Gaudette Drive, Marana Main Street and then Civic Center Drive. 7. CMID Two irrigation canals exist onsite along the Property’s southern boundary. The southernmost canal is within a 25’ CMID easement and will be undergrounded as part of this project. The northern canal is a private canal just serving the onsite farming operation, so it will be removed from service upon development of the Property. Marana Regular Council Meeting 09/21/2021 Page 145 of 412 Marana Regular Council Meeting 09/21/2021 Page 146 of 412 Cypress Gardens Rezoning Site Analysis II. Inventory & Analysis 62 L. MCHARG COMPOSITE MAP DISCUSSION 1. Physical Constraints Being a farm field with adequately deep sanitary sewer connections available nearby, the Property’s flat topography doesn’t present a development constraint. Previous and ongoing agricultural activities onsite have also minimized potential impacts to native flora and fauna. Other utilities are also conveniently available to serve development of the Property. Viewsheds of nearby landowners do not present a constraint due to the very flat nature of the vicinity coupled with the relative lack of significant vistas. Two irrigation canals exist onsite along the Property’s southern boundary, both of which intercept stormwater flowing north across Barnett Road. The southernmost canal is within a 25’ CMID easement and will be undergrounded as part of this project. The northern canal is a private canal just serving the onsite farming operation, so it will be removed from service upon development of the Property. 2. Sociocultural Constraints The Pascua Yaqui Yoem Pueblo subdivision is across Sandario Road from the Property. The Yoem Pueblo property has been occupied with houses and other buildings for many years. Minimizing impacts to the Yoem Pueblo residents and the ceremonial activities that occur onsite were cause for several additional buffering requirements in previous zoning actions. Those buffering requirements will be honored as part of this rezoning proposal. Marana Regular Council Meeting 09/21/2021 Page 147 of 412 Marana Regular Council Meeting 09/21/2021 Page 148 of 412 Cypress Gardens Rezoning Site Analysis III. Land Use Proposal 64 III. LAND USE PROPOSAL A. PURPOSE & INTENT This section describes how the development responds to the opportunities and constraints described in the Inventory & Analysis section of this document, along with the Town of Marana Land Development Code. As evidenced by the site plan, this proposed rezoning has been crafted after careful and responsive consideration of the site’s context. B. RELATIONSHIP TO TOWN OF MARANA ADOPTED PLANS The Make Marana 2040 General Plan designates this property as Traditional Neighborhood, which permits a wide range of densities: 2-18 homes per acre. Other projects in the area have densities within this range (See Table Below). Responsible utilization of significant public investment in current and future roadway and utility infrastructure projects in the vicinity of this site suggests development of the property should be in conformance with this residential density range. Nearby Subdivisions with Similar Lot Sizes Subdivision Minimum Lot Size SC Ranch 40’ x 110’ Gladden Farms Blks. 36 & 40 40’ x 120’ Rancho Marana Blk. 3 40’ x 122’ Gladden Farms Blk. 27 45’ x 120’ Gladden Farms Blks. 36 & 40 45’ x 120’ The Town of Marana Strategic Plan calls for new developments and neighborhoods to create areas with meaningful open space, trail connectivity, and active recreation areas. Cypress Gardens will fulfill all these requirements and will also adhere to the Town’s recreational design standards that were recently approved by Town Council. C. COMPATIBILITY TO ADJOINING DEVELOPMENT This property’s location adjacent to two major roads minimizes the potential for this development to impact nearby landowners. Rear yard walls and landscape buffers will be provided along these boundaries to alleviate any additional impacts to the existing residence at the northwest corner Sandario and Barnett Roads. Along the northern edge of this property, adjacent to the Valley of the Sun Mobile Home & RV Park, a block wall will be provided along the future extension of Bill Gaudette Drive where the right-of-way is adjacent to the property line. This area will also include open space that will be utilized as a recreation area and for stormwater management, creating a wide-open space buffer. The western boundary of the property is adjacent to a single-family residence. A block wall and landscape buffer will be provided along this property edge to minimize impacts to the single residence. The Pascua Yaqui Yoem Pueblo subdivision is across Sandario Road from the Property. The Yoem Pueblo across Sandario from the Property has been occupied with houses and other buildings for many years. Minimizing impacts to the Yoem Pueblo residents and Marana Regular Council Meeting 09/21/2021 Page 149 of 412 Cypress Gardens Rezoning Site Analysis III. Land Use Proposal 65 the ceremonial activities that occur onsite were cause for several additional buffering requirements in previous zoning actions (See Section II.A.). Those buffering requirements will be honored as part of this rezoning proposal. Cypress Gardens has a proposed density of 4.7 homes per acre, which is in line with other rezonings approved in the project vicinity. D. LAND USE PROPOSAL In response to continuing strong demand for smaller lots in this part of Marana Cypress Gardens is proposed to be rezoned from R-6 Residential to R-4 Residential. This will allow more efficient use of the land, which is currently agricultural, and surrounding infrastructure. A parallel goal is to maintain or increase compatibility with neighboring properties, resulting in a better all-around development on this Property that is only a quarter mile from the Marana Civic Center Complex. Cypress Gardens’ proposed average minimum lot size of approximately 5,000 square feet is designed to blend with previously approved nearby rezonings and existing neighbors. The recently adopted R-4 zoning development standards will be utilized. Homes built in Cypress Gardens will be a mix of single- and two-story, in accordance with Marana residential development guidelines. Sandario Road, with a varying right-of-way width of up to 90 feet, and Barnett Road, with a varying right-of-way width of up to 225 feet (including the channel/basin area), act as significant buffers along half of the project perimeter, and additional mitigation measures are planned as described in the preceding section. The Property’s overall size of roughly 46 acres and its rectangular shape of approximately 1,290 feet by 1,580 feet makes visual and physical access to recreational amenities a key design consideration. Central open space corridors with decomposed granite walking paths will allow residents to traverse the open space areas between two recreation areas within the development. The smaller of the two recreation areas is proposed in the central portion of the project and will include a ramada and seating. The larger recreation area is proposed in the northern portion of the project within the drainage basin, and will include a small activity field, ramada, and play structure. The basin has been designed so that most of the amenities will not be inundated except in the largest of storms. Sidewalks throughout the project provide strong pedestrian connectivity from all homes to the onsite open spaces and also to the surrounding roadway system. Cypress Gardens will have minimal impact to traffic, drainage, wildlife, and other typical effects of development. If entry signage is desired by the home builder, it will be installed at the project entries on Sandario Road and Bill Gaudette Drive. The design and dimensions of such signage will be determined during the platting phase. Please see Exhibit III-D-2: Preliminary Development Plan (PDP). Marana Regular Council Meeting 09/21/2021 Page 150 of 412 Marana Regular Council Meeting 09/21/2021 Page 151 of 412 67 Marana Regular Council Meeting 09/21/2021 Page 152 of 412 Cypress Gardens Rezoning Site Analysis III. Land Use Proposal 68 E. GRADING CONCEPT Because this site has historically been used for agricultural purposes, the site has been mass graded for decades. The site will be mass graded so improvements within this project can be located at or near existing grade, subject to drainage requirements, subject to drainage requirements. The Project may need imported fill dirt to maintain minimum sanitary sewer gravity slopes. See Exhibit III-E-1: Preliminary Grading Plan. Marana Regular Council Meeting 09/21/2021 Page 153 of 412 Marana Regular Council Meeting 09/21/2021 Page 154 of 412 Cypress Gardens Rezoning Site Analysis III. Land Use Proposal 70 F. POST-DEVELOPMENT HYDROLOGY Cypress Gardens, as currently planned, will be designed to store runoff from the 100-year rainfall/runoff event followed by a 10-year event per the Northwest Marana Drainage Policy. As previously mentioned, no runoff from offsite sources is anticipated to affect the site. Runoff due to rainfall over this subdivision will be managed in the subdivision streets, channels, and basins. The streets will accept runoff from the lots and convey that runoff towards scuppers and spillways that will direct that runoff into the onsite channels and stormwater disposal basins. The runoff storage depth in those onsite basins is not anticipated to exceed 2.5-feet as upper basins flow into lower basins via the onsite stormwater management systems. Onsite basins are to be sized to accept the runoff volume due to the 100-year event plus the 10-year event less the reduction credit associated with infiltration that occurs during a 24-hour period between storm events. Stored runoff is to be disposed of within 36-hours after the 10-year event is over. In addition to the infiltration through the onsite basin floors, Dry Wells and Exfiltration Trenches within the onsite basins are being considered for stormwater disposal. Runoff will approach the large onsite basin north of Bill Gaudette Drive via culverts/passageway beneath that road. An overflow weir is to be located at the downstream corner of that large basin per the Northwest Marana Drainage Policy. Onsite drainage patterns will be modified from the northwesterly draining cultivated field to store runoff within the interior of the subdivision. Under developed conditions, drainage will continue to drain northwesterly to the large basin at the northern portion of the site which will have an overflow provision to the northwest consistent with the existing drainage patterns of this cultivated field. No drainage Impacts upstream or downstream are anticipated with the design of the stormwater management systems shown on these Cypress Gardens plans. The small portion of the site in FEMA Zone AO-1 lies north of the Gaudette Road alignment and will be used for stormwater management. All building pads will be designed to be a minimum of 1 foot above adjacent 100-year flood elevations. See Exhibit III-F-1: Post-Development Hydrology. Marana Regular Council Meeting 09/21/2021 Page 155 of 412 Marana Regular Council Meeting 09/21/2021 Page 156 of 412 Cypress Gardens Rezoning Site Analysis III. Land Use Proposal 72 G. VEGETATION & LANDSCAPING The Marana Land Development Code, Environmental Resource Preservation, Native Plant and Landscape Requirements, allows for this type of subdivision development. Being a farm field, Cypress Gardens has no existing native vegetation anywhere on site. Native plants will be reintroduced throughout the subdivision and open space areas to help blend this new subdivision with the surrounding land uses and minimize the heat island effect. Native plants are drought tolerant and uniquely suited for the local climate, and further meet the primary objective of development a sustainable and environmentally sensitive residential community. Open space is primarily located along northern boundary of the property and connected to the southern boundary via a central open space corridors with walking paths. Landscaping will be installed throughout the open spaces and around the perimeter of the property to meet Marana’s perimeter landscape bufferyard standards. Of special note are the requirements from previous zoning actions to provide additional buffering near the Yoem Pueblo, specifically to provide a 6’ high decorative block wall and additional landscaping along Sandario Road (See Section II.A.). These previous buffering commitments have been carried forward and honored in this current development proposal. All installed landscaping will be drought tolerant per Marana guidelines. A landscape plan will be submitted at the time of plat review. See Exhibit III-G-1: Bufferyards. Marana Regular Council Meeting 09/21/2021 Page 157 of 412 Marana Regular Council Meeting 09/21/2021 Page 158 of 412 Cypress Gardens Rezoning Site Analysis III. Land Use Proposal 74 H. WILDLIFE There are no primary wildlife corridors that run through the property. No more than 30 days before grading, a 100% area survey must be completed by a qualified wildlife biologist, for the Western Burrowing Owl, with a copy of the survey form send to the Town prior to issuance of a grading permit. I. VIEWSHEDS Extraordinary views are not available from or across the property due to existing, relatively flat topography coupled with the distance to surrounding mountain ranges. However, perimeter buffer areas mitigate the project’s minimal impacts to surrounding viewsheds. J. TRAFFIC Two connections are proposed to the existing public street system. Both entrances are proposed onto Sandario Road, with one via Bill Gaudette Drive, and with no connections being proposed to Barnett Road. The design prohibits cut through traffic and creates safer neighborhood traffic movement. The northern connection to Sandario Road is an extension of Bill Gaudette Drive, which in the future will extend west to a future extension of Tangerine Farms Road approximately 215 feet west of the Property. Cypress Gardens is expected to generate approximately 2,048 total daily trips. Additionally, the southern connection to Sandario Road is 700 feet north of Barnett Road, in accordance with the rezoning conditions to provide additional buffering for the Yoem Pueblo (See Section II.A.). Turns lanes on Sandario Road will be provided where warranted. The “Cypress Green Gardens Traffic Impact Analysis” by M Esparza Engineering LLC, dated 6/17/2021 has been submitted as a standalone report. Marana Regular Council Meeting 09/21/2021 Page 159 of 412 Marana Regular Council Meeting 09/21/2021 Page 160 of 412 Cypress Gardens Rezoning Site Analysis III. Land Use Proposal 76 K. PUBLIC UTILITIES 1. Water Marana Water will serve this subdivision. An extension of Marana’s public water system may be required to be constructed by the developer. 2. Sewer This development will connect to the existing Town of Marana sewer line in Sandario Road. No offsite sewer improvements are anticipated to be necessary. 3. Electric The property is located within the Tucson Electric Power service area. Existing overhead lines will be undergrounded as necessary to accommodate the proposed development. 4. Natural Gas Southwest Gas will supply natural gas services to this development. 5. Telecommunications The development is within the Century Link service area. 6. CMID The existing canal along the southern property boundary of the Property will be undergrounded. Engineering for that effort will occur during the plating process. Additionally, the project developer will work with CMID during the platting process to determine if providing non-potable water to this project is feasible. Marana Regular Council Meeting 09/21/2021 Page 161 of 412 Marana Regular Council Meeting 09/21/2021 Page 162 of 412 Marana Regular Council Meeting 09/21/2021 Page 163 of 412 Cypress Gardens Rezoning Site Analysis III. Land Use Proposal 79 L. PUBLIC SERVICE IMPACTS 1. Police Cypress Gardens is within Marana’s town limits, and law enforcement jurisdiction. Impacts to Marana’s police services will be minimal due to the projects’ close proximity to the main Marana Police Department station. 2. Fire This project will be protected by the Northwest Fire District. 3. Trash & Recycling The Town of Marana does not provide trash and recycling services. Cypress Gardens’ homeowners will contract with a private solid waste pick-up provider. 4. Schools The Marana Unified School District uses a student generation factor of 0.25 per home for elementary students and 0.1 per home for secondary students. Cypress Gardens’ change from 165 to 217 homes results in an impact to the district of 52 more homes, this will generate approximately 13 elementary students and 5 secondary students. Estes Elementary School, Gladden Farms Elementary School, Marana Middle School and MCAT High School all have capacity to absorb this number of students. See Exhibit III-L-1: School District Letter, which confirms that nearby Marana school District facilities have capacity for more houses than are currently proposed within this development. 5. Parks It is expected that residents of Cypress Gardens will utilize the proposed onsite recreation areas and trail system, as well as the Ora Mae Harn District Park, all of which have or will have the capacity to meet recreational needs of future residents. Sidewalks throughout Cypress Gardens provide connectivity to existing sidewalks on Bill Gaudette Drive, which connect to other pedestrian facilities ultimately connecting to Ora Mae Harn Park. Marana Regular Council Meeting 09/21/2021 Page 164 of 412 Cypress Gardens Rezoning Site Analysis III. Land Use Proposal 80 Exhibit III-L-1: School District Letter Marana Regular Council Meeting 09/21/2021 Page 165 of 412 Cypress Gardens Rezoning Site Analysis III. Land Use Proposal 81 M. RECREATION & TRAILS A central open space corridor with decomposed granite pedestrian path is located through the center of the site. It will connect the recreation area in the northern portion of the site to a small pocket park in the middle of the site and to existing and future trails nearby. This central green space will be accessible to all homeowners and highly visible to address Crime Prevention Through Environmental Design (CPTED) considerations. Trail connections will be provided at multiple locations within the neighborhood, so residents have an alternative to the sidewalk system. An important design consideration was providing safe and convenient pedestrian access to the main recreation area, which is separated from the proposed homes by the proposed extension of Bill Gaudette Drive. To address this issue the developers will install a pedestrian underpass beneath Bill Gaudette Drive, as shown on the Preliminary Development Plan. The recreation area size and design will adhere to the Town’s recreational design standards that were recently approved by Town Council. The development’s open space, including all onsite recreational amenities, will be owned, and maintained by the HOA. All installed landscaping will be on an underground drip irrigation system until established. If turf is used, it will be irrigated from a secondary non-potable source as long as the non-potable source is available at the boundary of the project at the time of development. During previous development efforts an in-lieu fee was paid to the Town of Marana for installation of a sidewalk along Sandario Road. The sidewalk was never built, so disposition of the in-lieu fee funds will be coordinated during the platting phase. N. CULTURAL, ARCHAEOLOGICAL & HISTORIC RESOURCES The site was previously surveyed for cultural resources by PAST in 2013. Nothing of significance was found and so it was determined that the development of this parcel could proceed without any further survey work. Marana Regular Council Meeting 09/21/2021 Page 166 of 412 Development Services / maranaplanning@maranaAZ.gov 11555 West Civic Center Drive / Marana, AZ 85653 Ph (520) 382-2600 / Fax (520) 382-2641 / maranaAZ .gov PROJECT APPLICATION APPLICATION TYPE  Annexation  Development Plan  Development Plan Package  General Plan Amendment  Rezone  Minor Land Division  Significant Land Use Change  Conditional Use Permit  Specific Plan  Landscape Plan  Native Plant Plan/Exception  SWPP  Variance  Hydraulic Model  Sewer Capacity Assurance  Sign Program  Plat  Improvement Plan  Report (Type): ______________  Other: ___________________ PROJECT INFORMATION Project Name: Description of Project: Number of Lots: Parcel No.(s): Gross Area (Acres): Project Address: Ref. Project No.: CONTACT INFORMATION Owner: Contact Name: Address: City: State: Zip: Email: Phone No.: Applicant: Contact Name: Address: City: State: Zip: Email: Phone No.: Consultant/Engineer: Contact Name: Address: City: State: Zip: Email: Phone No.: OWNER/APPLICANT AUTHORIZATION I hereby certify that the information set forth in this application are true and correct to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application. (If applicant is not the owner, attach written authorization from the owner.) Applicant Name (PRINT) Signature Date FOR OFFICIAL USE ONLY Project No.______________________ Date Received____________________ Revision Date 03/29/2019 Marana Regular Council Meeting 09/21/2021 Page 167 of 412 Clark Farms Road Barnett Road Grier Road Sandario RoadMarana Main Street Civic Center DriveLon Adams RoadGaudette Drive Sandario RoadRancho MaranaRancho MaranaBlock 3Block 3Rancho MaranaRancho MaranaBlock 4Block 4Payson FarmsPayson Farms Village at BarnettVillage at Barnett Marana Main StreetVanderbilt Vanderbilt FarmsFarmsBlock 13Block 13 Vanderbilt Vanderbilt FarmsFarmsBlock 12Block 12 Data Disclaimer: The Town of Marana provides this map information"As Is" at the request of the user with the understanding that it is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In noevent shall The Town of Maranabecome liable to users of these data, or any other party, for any loss or direct, indirect, special, incidental, or consequential damages, including but not limited to time, money, or goodwill, arising from the use or modification of the data. ° Subject Property INTE R S T A T E 1 0 Valley of the Sun YoemPueblo Marana MortuaryCemetery Vet Memorial GardenS.F.R. S.F.R. S.F.R. S.F.R. Marana Regular Council Meeting 09/21/2021 Page 168 of 412 Marana Regular Council Meeting 09/21/2021 Page 169 of 412 Page 1 of 1 G:\Projects\19ar Cypress Gardens\b01\0305\Cypress Gardens Public Outreach Summary.docx TO: PROJECT: Town of Marana Development Services Dept. 11555 West Civic Center Drive Marana, AZ 85653 Cypress Gardens Rezone (PCZ2103-003) Public Outreach Summary FROM: DATE: PROJECT #: Paul Oland 8/5/2021 19arb01 An online neighborhood meeting was held on January 14th, 2021. Notifications of the meeting were sent to all landowners within 300’ of the project. 17 notifications were mailed. Two nearby landowners attended the meeting but did not express notable concern once we finished discussing the proposal. One of the attendees is the owner of the Valley of the Sun Mobile Home & RV Park, which is directly north of the subject property. He asked about vehicle headlights possibly affecting his residents as future homeowners within Cypress Gardens exit northbound onto Gaudette Drive in the northwestern portion of the project. In response, we explained that a block wall would be constructed along the shared property boundary where the Gaudette Drive right-of-way is adjacent to Valley of the Sun. In March we were contacted by the owner of the home at the southeast corner of Cypress Gardens. We discussed the project and she asked if a wall would be built around the project. We responded that the future homes’ individual back yards would be walled, but that no perimeter wall is proposed. We have not been contacted by other nearby landowners since then. We also reached out to Peter Yucupicio at the Pascua Yaqui Tribe at Yoem Pueblo and explained the proposal. A follow-up email was sent with additional details and the site plan. No response has been received. Attached to this summary is a copy of the neighborhood meeting invitation letter (which a site plan of the proposed Cypress Gardens site plan) and the mailing list. Marana Regular Council Meeting 09/21/2021 Page 170 of 412 1 G:\Projects\19ar Cypress Gardens\b01\0430\Cypress Invitation Ltr.docx TO: Project Neighbors DATE: 12/29/2020 FROM: Paul Oland PROJECT: Cypress Gardens Rezoning PROJECT #: 19arb01 SUBJECT: Neighborhood Meeting Notification Dear Neighbor, The Cypress Gardens property, which is located at the northwest corner of Barnett Road and Sandario Road, was designed and approved several years ago under the R-6 zoning regulations, featuring 165 home sites. Northwest Marana has grown significantly since then, and the housing product demand has changed as well. Homebuilders and homebuyers are opting for a housing product that aligns better with a smaller lot size, so we propose to rezone Cypress Gardens from R-6 to R-3.5 to allow for smaller lots to be constructed. The Make Marana 2040 General Plan designates this property as “Traditional Neighborhood”, which connotes an appropriate residential density of 2 – 18 homes per acre. Cypress Gardens’ 217 homes equate to just under five homes per acre, which is well within the General Plan’s suggested density. Additionally, the proposed Cypress Gardens site plan complies with the Town’s current draft recreation area standards, which will increase the amount of recreational area provided. The existing and proposed site plans are shown on the back of this letter. A web-based informational meeting will be held on Thursday, January 14th from 6:00 pm – 7:30 pm. If you’d like to join the meeting please go to https://tinyurl.com/cypress-jan14 or join the meeting via phone by calling (623) 469-4514 and entering Conference ID: 635 448 53#. The purpose of the meeting will be to present basic information about the proposed development, answer questions, and listen to comments and suggestions from our neighbors. If you have any questions, please do not hesitate to contact me at (520) 664-4304, GPO@ParadigmLand.US, or by mail at: Paradigm Land Design LLC 7090 N Oracle Rd, Suite 178-193 Tucson, AZ 85704 Thank you. Marana Regular Council Meeting 09/21/2021 Page 171 of 412 PROJECT #: 19arb01 DATE: 12/29/2020 2 G:\Projects\19ar Cypress Gardens\b01\0430\Cypress Invitation Ltr.docx Barnett Rd. Sandario Rd. EXISTING SUBDIVISION PLAN PROPOSED SUBDIVISION PLAN Gaudette Dr. Marana Regular Council Meeting 09/21/2021 Page 172 of 412 BARNETT FAMILY TR PO BOX 66 MARANA AZ 85653 BEJARANO LAZARO & AMELIA JT/RS 13300 N SANDARIO RD MARANA AZ 85653 BOEGEL FILICE LLC PO BOX 2274 SANTA CRUZ CA 95063 DEWEY BRUCE G & EARLENE REVOC TR 15955 W SANDY ST MARANA AZ 85653 DEWEY DOUG & TAWNYA CP/RS 13460 N SANDARIO RD MARANA AZ 85653 GINN CHARLES E LIVING TR 13250 N SANDARIO RD MARANA AZ 85653 KMS CV 2 LLC 5225 E PIMA ST TUCSON AZ 85712 MARANA HEALTH CENTER INC PO BOX 188 MARANA AZ 85653 MURRIETA FAMILY LIVING TR ATTN: ROBERTO & MARIA DEL CARMEN 13344 N SANDARIO RD MARANA AZ 85653 MURRIETA REVOC FAMILY TR ATTN: CECILIA MURRIETA TR 3924 W MANDARIN CIR TUCSON AZ 85741 PASCUA YAQUI TRIBE ATTN: LAND OFFICE 7474 S CAMINO DE OESTE TUCSON AZ 85746 PETERSEN JARED R & SELINA MARIE 12140 W BARNETT RD MARANA AZ 85653 RAHE JOHN SAMUEL III 13201 N SANDARIO RD MARANA AZ 85653 SAMUELSON TRUST NO 1 00000 SKRAMSTAD LARRY D & DENELDA M 10501 N MAYBROOK AVE MARANA AZ 85653 TITLE SECURITY AGENCY LLC TR 201812-T ATTN: MERITAGE HOMES OF AZ INC 3275 W INA RD STE 220 TUCSON AZ 85741 TOWN OF MARANA MARANA MUNICIPAL COMPLEX 11555 W CIVIC CENTER DR MARANA AZ 85653 Marana Regular Council Meeting 09/21/2021 Page 173 of 412      Council-Regular Meeting   A2        Meeting Date:09/21/2021   To:Mayor and Council From:Cynthia Ross, Senior Planner Date:September 21, 2021 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Ordinance No. 2021.020: Relating to Development; approving an amendment to the Gladden Farms II Specific Plan to revise the land use designation of Block 38B and Block 43, generally located north of Tangerine Road and west of the Clark Farms Road alignment, from Commercial (C) to High-Density Residential (HDR); approving and authorizing the Mayor to sign the Sixth Amendment to the Gladden Farms II Development Agreement and the First Amendment to the Development Agreement regarding Development Impact Fee Credits for Gladden Farms II (Cynthia Ross and Jane Fairall)   Resolution No. 2021-131: Relating to Development; declaring as a public record filed with the Town Clerk the amended Gladden Farms II Specific Plan adopted by Ordinance No. 2021.020 (Cynthia Ross)   Discussion: Request Crown West Realty LLC, represented by the Planning Center, is requesting approval of an amendment to the Gladden Farms II Specific Plan to revise the land use designation of Block 38B and Block 43 from Commercial (C) to High-Density Residential (HDR).   Location The Gladden Farms II Specific Plan is bounded by Gladden Farms I on the west, Tangerine Road on the south, Moore Road on the north, and Interstate 10 and the Clark Farms Road alignment on the east. The subject blocks are located north of Tangerine Marana Regular Council Meeting 09/21/2021 Page 174 of 412 Road, west of the Clark Farms Boulevard alignment.   Gladden Farms II Specific Plan The Gladden Farms II Specific Plan was adopted by Mayor and Town Council on March 7, 2006, by Ordinance 2006.03. The first amendment was approved by Mayor and Town Council on December 19, 2006, by Ordinance No. 2006.35, and the second amendment was approved by Mayor and Council on March 6, 2018, by Ordinance 2018.006.   Gladden Farms II Specific Plan Third Amendment Summary The third amendment to the Gladden Farms II Specific Plan will replace the Commercial (C) land use designation on Block 38B Block 43 with High Density Residential (HDR). The HDR land use designation supports a variety of housing types, including single-family attached, small-lot single-family detached, and multi-family housing. According to the property owner, the increased demand for housing coupled with the current state of commercial development makes residential development a more effective use of these blocks. The change to a residential use adds 222 housing units to Gladden Farms II's planned residential unit count, increasing the targeted number of units from 2,345 to 2,567.   Within the Gladden Farms II Specific Plan area, land designated HDR is generally concentrated along Tangerine Road and Clark Farms Boulevard. This creates a transition in density across Gladden Farms II to the commercial intensity of the property to the east, across Clark Farms Boulevard, currently zoned SP - The Crossroads at Gladden Specific Plan. New opportunities for commercial and employment uses to serve the Gladden communities and greater area are proposed within The Crossroads at Gladden Specific Plan. Development Agreement Amendments As a result of the request to amend the Gladden Farms II Specific Plan, which would increase the targeted number of total units for the development from 2,345 to 2,567, Town staff has negotiated amendments to the Gladden Farms II Development Agreement (DA) and the Development Agreement Regarding Development Impact Fee Credits for Gladden Farms II (DIF DA). In summary, the Sixth Amendment to the DA would raise the maximum number of units allowed in Gladden Farms II by 250 units, from 2,345 to 2,595. The First Amendment to the DIF DA memorializes the agreement between the parties concerning the amount of the remaining development impact fee credit applicable to Gladden Farms II.   Public Notification This public hearing was properly noticed in the Daily Territorial newspaper, and all property owners within 300 feet of the rezoning area were noticed by U.S. Mail of the date, time, and topic of the public hearing. Additional notice was posted at various locations within the community and on the Town website.   Case Analysis and Review Criteria Pursuant to Town Code Section 17-3-1(D), the Planning Commission and Town Council shall consider the following questions, at a minimum, in reviewing an application for rezoning: Marana Regular Council Meeting 09/21/2021 Page 175 of 412   Any change of character in the area due to installation of public facilities, other zone changes, new growth trends, deterioration, and development; 1. Based upon the requirements and conditions, the rezoning amendment does not appear to be detrimental to the character of the area due to installation of public facilities or any other rezoning changes. The degree to which the proposed zoning will benefit the community; whether there will be benefits derived by the community, or area, by granting the proposed rezoning; 2. With the acceptance of the recommended conditions, this rezoning will benefit the community by providing additional residential development opportunities. Whether the proposed rezoning is compatible with the surrounding area or whether there will be adverse impacts on the capacity or safety of the portion of street network influenced by the rezoning, parking problems, or environmental impacts that the new use will generate such an excessive storm runoff, water, air, or noise pollution, excessive nighttime lighting, or other nuisances; 3. Based on the recommended requirements and conditions, the rezoning amendment is compatible with the surrounding area and does not appear to be adversely impact the adjacent street network or generate such excessive storm runoff, water, air, or noise pollution, excessive nighttime lighting, or other nuisances. Whether the proposal conforms with and is in furtherance of the implementation of the goals and policies of the general plan, other adopted plans, and the goals, objectives and policies of the land development code, and other town regulations and guidelines, including goals and policies relating to economic development; 4. The rezoning amendment conforms with the goals and policies of the general plan, the land development code, and other town regulations and guidelines. The zoning districts and existing land uses of the surrounding properties;5. Based on the recommended requirements and conditions, the rezoning amendment is compatible with the surrounding properties zoning and existing land use. Whether the existing and proposed transportation infrastructure is suitable and adequate to serve the traffic anticipated to be generated by the proposed development; 6. With the acceptance of the recommended conditions, the existing and proposed transportation infrastructure is suitable and adequate to serve the traffic anticipated to be generated by the proposed development. Whether the existing and proposed utility infrastructure, public facilities, and public services are suitable and adequate to serve the proposed rezoning area; 7. Based upon the rezoning requirements and conditions, there is adequate utility infrastructure, public facilities, and public services in the area to serve the proposed rezoning area. Marana Regular Council Meeting 09/21/2021 Page 176 of 412 Whether the subject property is suitable for the uses to which it has been restricted under the existing zoning classification; 8. Based upon the rezoning requirements and conditions, the subject property is suitable for the proposed uses. Whether the rezoning is compatible with the adjacent neighborhood, especially residential neighborhood stability and character; 9. Based upon the rezoning requirements and conditions, this rezoning amendment is compatible with the adjacent neighborhood in area stability and character. If applicable, the length of time the subject property has remained vacant as zoned:10. The subject property has remained vacant since annexation to the Town. Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs: 11. Based upon the rezoning amendment subject area location, there is an adequate supply of land available in the area and the surrounding community to accommodate the zoning and community needs. Staff Recommendation: This is a discretionary item for the Town Council to consider. Should the Town Council wish to approve this item, staff recommends the approval be subject to the conditions set forth in the draft ordinance.   Planning Commission Recommendation The Planning Commission heard the request for the proposed Specific Plan Amendment at a public hearing on August 25, 2021 and voted 7-0 to recommend approval of the Specific Plan amendment to the Town Council subject to the recommended conditions. It should be noted that at the time of the Planning Commission's review, the applicant was projecting an increase of 100 housing units to the development as a result of the amendment. The applicant has now revised that number upward, projecting an increase of 222 housing units if this amendment is approved. In addition, the staff report for the Planning Commission incorrectly stated that the request to change the land use designation for Block 43 was for an 18-acre portion of that Block; however, the request is to change the land use designation for all of Block 43.   Suggested Motion: I move to adopt Ordinance No. 2021.020approving the Gladden Farms II Specific Plan Amendment #3 subject to the recommended conditions, and approving and authorizing the Mayor to sign the Sixth Amendment to the Gladden Farms II Development Agreement and the First Amendment to the Development Agreement regarding Development Impact Fee Credits for Gladden Farms II; and Resolution No. 2021-131, declaring the amended Gladden Farms II Specific Plan to be a public record.   Marana Regular Council Meeting 09/21/2021 Page 177 of 412 Attachments Ord.2021.020 Exhibit A to Ordinance - Legal Description Exhibit B to Ordinance - 6th Amendment to DA Exhibit C to Ordinance - 1st Amendment to DIF DA Resolution 2021-131 Exhibit A to Resolution - Amended Gladden Farms II Specific Plan Application Location Map Marana Regular Council Meeting 09/21/2021 Page 178 of 412 Ordinance No. 2021-020 - 1 - 9/17/2021 10:26 AM [CLR] MARANA ORDINANCE NO. 20 21.020 RELATING TO DEVELOPMENT; APPROVING AN AMENDMENT TO THE GLADDEN FARMS II SPE CIFIC PLAN TO REVISE THE LAND USE DESIGNATION OF BLOCK 38B AND BLO CK 43, GENERALLY LOCATED NORTH OF TANGERINE ROAD AND WEST OF THE CLARK FARMS ROAD ALIGNMENT , FROM COMMERCIAL (C) TO HIGH-DENSITY RESIDENTIAL (HDR); APPROVING AND AUTHORIZING THE MAYO R TO SIGN THE SIXTH AMENDMENT TO THE GLADDEN FARMS II DEV ELOPMENT AGREEMENT AND THE FIRST AMENDMENT TO THE DEV ELOPMENT AGREEMENT R EGARDING DEVELOPMENT IMPACT FEE CREDITS FOR GLADDEN FARMS II WHEREAS, on March 7, 2006, the Mayor and Town Council adopted the Gladden Farms II Specific Plan by Ordinance 2006.03; and WHEREAS, on December 19, 2006, the Mayor and Town Council adopted the first amendment to the Gladden Farms II Specific Plan by Ordinance 2006.35; and WHEREAS, on March 6, 2018, the Mayor and Town Council adopted the second amendment to the Gladden Farms II Specific Pl an by Ordinance 2018.006; and WHEREAS Crown West Realty LLC (the “Property Owner”) owns the land described and depicted on Exhibit A attached to and incorporated in this ordinance by this reference , located within the Amended Gladden Farms Block Plat, a subdivision of the Town of Marana, according to the plat recorded in Pima County Recorder’s Office at Sequence No. 20181100137, (the “Rezoning Area”); and WHEREAS the Property Owner has authorized The Planning Center Inc. (the “Applicants”) to submit an application to amend the Gladden Farms II Specific Plan to revise the land use designation of Block 38B and Block 43, generally located north of Tangerine Road and west of the Clark Farms Road alignment, from Commercial (C) to High-Density Residential (HDR); and WHEREAS the Marana Planning Commission held a public hearing on this Specific Plan Amendment on August 25, 2021, and voted seven to zero to recommend that the Town Council approve the amendment, subject to the recommended conditions; and WHEREAS at the time of the Planning Commission's review of this application, the Applicants were projecting an increase of 100 housing units to the development as a result of the proposed amendment; the Applicants have now revised that number Marana Regular Council Meeting 09/21/2021 Page 179 of 412 Ordinance No. 2021-020 - 2 - 9/17/2021 10:26 AM [CLR] upward, projecting an increase of 222 housing units due to this Specific Plan Amendment; and WHEREAS the Town and the Property Owner’s predecessor in interest entered into the Gladden Farms II Development Agreement recorded in the Pima County Recorder’s office on March 10, 2006, at Docket 12758, Page 2249 (Sequence 20060470594), which has been amended from time to time, most recently via adoption of t he Fifth Amendment to the Gladden Farms II Development Agreement recorded in the Pima County Recorder’s office on December 21, 2020, at Sequence 20203560542; and WHEREAS the Town and the Property Owner’s predecessor i n interest entered into 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; and WHEREAS Town staff has negotiated the terms of the Sixth Amendment to the Gladden Farms II Development Agreement and the First Amendment to the Development Agreement Regarding Development Impact Fee Credits for Gladden Farms II (the “Amendments”) to addres s matters associated with this Specific P lan Amendment, specifically the increased number of projected housing units for the development; and WHEREAS the Mayor and Town Council finds that the Amendments are consistent with the Marana General Plan, this Specific Plan Amendment, and all other applicable Town regulations and policies; and WHEREAS the Town Council held a public hearing to consider this Specific Plan Amendment on September 21, 2021, and determined that the 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 is hereby amended to revise the land use designation of Block 38B and Block 43 from Commercial (C) to High-De nsity Residential (HDR). The Gladden Farms II Specific Plan, as amended by this Amendment #3, one electronic and one printed copy of which is on file in the office of the Town Clerk of the Town of Marana, Arizona, which was made a public record by, and is attached as Exhibit A to Marana Resolution No. 202 1-131, is hereby referred to, adopted and made part of this ordinance as if fully set out here. Section 2. This amendment is subject to the following conditions, the violation of which shall be treated i n the same manner as a violation of the Town of Marana Town 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): Marana Regular Council Meeting 09/21/2021 Page 180 of 412 Ordinance No. 2021-020 - 3 - 9/17/2021 10:26 AM [CLR] 1. All of the rezoning conditions of Ordinance No. 2006.03, Ordinance No. 2006.35, and Ordinance No. 2018.006 remain applicable to the Rezoning Area and to the Gladden Farms II project except for any conditions that have been modified by this amendment in which case the modified condition will take precedence. 2. Compliance with all applicable provisions of the Town’s Codes and Ordinances current at the time of any subsequent devel opment including, but not limited to, requirements for public improvements and payment of application fees and applicable development impact 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 Owners 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 Property Owners should retain appropriate experts and consult appropriate Federal and State agencies 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 two bound copies and two electronic CD copies in PDF format, which will also include graphics of the conceptual la nd use plan in JPEG or other suitable format, of the Gladden Farms II Specific Plan, as amended by this Amendment #3. Section 3. The Sixth Amendment to the Gladden Farms II Development Agreement and the First Amendment to the Development Agreement Regarding Development Impact Fee Credits for Gladden Farms II , attached to and incorporated within this ordinance by this reference as Exhibits B and C, respectively, are hereby approved and the Mayor is hereby authorized and directed to execute them. 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 this ordinance. Section 5. 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 . Marana Regular Council Meeting 09/21/2021 Page 181 of 412 Ordinance No. 2021-020 - 4 - 9/17/2021 10:26 AM [CLR] PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of September, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 09/21/2021 Page 182 of 412 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS: PARCEL NO. 1: Parcel 38B, A Minor Land Division of Block 38, as shown in Record of Survey recorded in Recording No. 20190530030, records of Pima County, Arizona; ALSO DESCRIBED AS: Block 38, AMENDED FINAL BLOCK PLAT GLADDEN FARMS, a subdivision of Town of Marana, according to plat recorded in Recording No. 20181100137 and Declaration of Scrivener’s Errors recorded in Recording No. 20183180122, records of Pima County, Arizona; EXCEPTING THEREFROM that portion of Block 38, described as follows: COMMENCING at the Westerly common corner of said Block 38 and Block 43 of said Gladden Farms Subdivision; THENCE the following 8 courses and distances or arcs upon the West, North and East boundary of said Block 38; North 00 degrees 37 minutes 34 seconds West 574.62 feet upon the West line of said Block 38 to the POINT OF BEGINNING; THENCE continue North 00 degrees 37 minutes 34 seconds West, 612.91 feet; THENCE South 75 degrees 28 minutes 29 seconds East, 147.57 feet to a curve concave Northerly; THENCE Easterly upon the arc of said curve to the left, having a radius of 845.00 feet and a central angle of 32 degrees 20 minutes 27 seconds, for an arc distance of 476.96 feet to a line; THENCE North 72 degrees 11 minutes 04 seconds East, 411.60 feet to a curve concave Southwesterly; THENCE Southeasterly upon the arc of said curve to the right, having a radius of 35.00 feet and a central angle of 93 degrees 17 minutes 58 seconds, for an arc distance of 56.99 feet to a point of compound curvature of a curve concave Westerly; THENCE Southerly upon the arc of said curve to the right, having a radius of 1425.00 feet and a central angle of 13 degrees 52 minutes 18 seconds, for an arc distance of 345.00 feet to a line; THENCE South 00 degree 38 minutes 40 seconds East, 337.34 feet; THENCE South 89 degrees 21 minutes 20 seconds West, 1092.34 feet to the POINT OF BEGINNING. PARCEL NO. 2: Block 43, AMENDED FINAL BLOCK PLAT GLADDEN FARMS, a subdivision of Town of Marana, according to plat recorded in Recording No. 20181100137 and Declaration of Scrivener’s Errors recorded in Recording No. 20183180122, records of Pima County, Arizona. PARCEL NO. 3: A perpetual, non-exclusive easement for normal and reasonable vehicular and pedestrian ingress, egress, and access over the Common Driveway as set forth in Reciprocal Easement Agreement recorded December 29, 2017 in Recording No. 20173630470, records of Pima County, Arizona. APN: 217-54-342A, 217-54-3440 Exhibit A to Marana Ordinance No. 2021.020 Marana Regular Council Meeting 09/21/2021 Page 183 of 412 Exhibit B to Marana Ordinance No. 2021.020 00077235.DOCX /1 SIXTH AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT -1- SIXTH AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA THIS SIXTH AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT (“this Sixth Amendment” or the “GFII DA 6th 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 II, LLC and GLADDEN PHASE II DEV, LLC are together referred to as the “Developer.” The Town and the Developer are collectively referred to in this Sixth 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 II and referred to in this Sixth 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 ado ption 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 II Specific Plan was amended by the December 19, 2006 adoption 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 Marana Ordinance No. 2018.006, recorded in the Pima County Recorder’s office on March 9, 2018 at Sequence 20180680060. E. The original developer of Gladden II was FC/M GLADDEN II, L.L.C., an Arizona limited liability company, whose interests in Gladden II were sold to the Developer in 2013. F. The Developer owns most of the remaining undeveloped land in Gladden II. G. The Parties acknowledge the following agreements, referred to in this Sixth Amendment as the “Prior Agreements,” affecting the development of all or portions of Gladden II, some terms of which are modified or clarified by this Sixth Amendment with respect to portions of Gladden II owned by the Developer as of the date of this Sixth Amendment: Marana Regular Council Meeting 09/21/2021 Page 184 of 412 Exhibit B to Marana Ordinance No. 2021.020 00077235.DOCX /1 SIXTH AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT -2- i) The “Gladden Farms II Development Agreement” recorded in the Pima County Recorder’s office on March 10, 2006, at Docket 12758, Page 2249 (Sequence 20060470594) (the “Original GFII DA”). ii) The “First Amendment to the Gladden Farms II Development Agreement” recorded in the Pima County Recorde r’s office on December 21, 2006, at Docket 12956, Page 1633 (Sequence 20062450467) (the “GFII DA 1 st Amendment”). iii) The “Development Agreement Regarding Development Impact Fee Credits for Gladden Farms II” recorded in the Pima County Recorder’s office on Nov ember 9, 2012, at Sequence 20123140233 (the “GFII DIF DA”). iv) The “Second Amendment to the Gladden Farms II Development Agreement” recorded in the Pima County Recorder’s office on August 8, 2018, at Sequence 20182200093 (the “GFII DA 2nd Amendment”). v) The “Third Amendment to the Gladden Farms II Development Agreement” recorded in the Pima County Recorder’s office on October 19, 2018, at Sequence 20182920055 (the “GFII DA 3rd Amendment”). vi) The “Fourth Amendment to the Gladden Farms II Development Agreement” recorded in the Pima County Recorder’s office on December 20, 2019, at Sequence 20193540148 (the “GFII DA 4th Amendment”). vii) The “Fifth Amendment to the Gladden Farms II Development Agreeme nt” recorded in the Pima County Recorder’s office on December 21, 2020, at Sequence 20203560542 (the “GFII DA 5th Amendment”). H. Title to the portions of Gladden II owned by the Developer as of the date of this Sixth Amendment is held by FIDELITY NATIONAL TITLE AGENCY , INC., an Arizona corporation, as Trustee under Trust No. 60,423, whose sole beneficiaries are GLADDEN PHASE II, LLC and GLADDEN PHASE II DEV, LLC, who together are the “Developer” under the Prior Agreements as amended by this Sixth Amendment. I. The Developer has submitted a request for a third amendment to the Gladden Farms II Specific Plan to revise the land use designations of Block 38B and Block 43 from Commercial (C) to High-Density Residential (HDR), which will increase the overall density of Gladden II. J. Paragraph 1.2 of Original GFII DA provided that the total number of residential units of all types in Gladden II shall not exceed 2,539 . Paragraph 2.1 of the GFII DA 1st Amendment reduced the maximum number of units al lowed to 2,345. K. This Sixth Amendment is approved, and the Town’s Mayor is authorized to sign it, by virtue of the Town Council’s adoption of Marana Ordinance No. 20 21.020 (the “Concurrent Ordinance”), which amends the Gladden Farms II Specific Plan so that it is consistent with the terms of this Sixth Amendment. Marana Regular Council Meeting 09/21/2021 Page 185 of 412 Exhibit B to Marana Ordinance No. 2021.020 00077235.DOCX /1 SIXTH AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT -3- L. The Parties understand and acknowledge that this Sixth Amendment is a “Development Agreement” within the meaning of, and entered into pursuant to the terms of, Arizona Revised Statutes section (A.R.S. §) 9-500.05. M. This Sixth 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 Sixth Amendment, the Parties hereby agree as follows: 1. The Developer’s representation of ownership. By entering into this Sixth Amendment, GLADDEN PHASE II, LLC and GLADDEN PHASE II DEV, LLC, who together are the “Developer” under the Prior Agreements as amended by this Sixth Amendment, represent that that they are the sole beneficiaries of and are entitled to enter this Sixth Amendment on behalf of FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as Trustee under Trust No. 60,423. 2. Total residential units. Paragraph 1.2 of the Original GFII DA, as amended by paragraph 2.1 of the GFII DA 1st Amendment, is amended to reflect that the total number of residential units of all types in Gladden II shall not exceed 2,595. 3. Term. This Sixth Amendment shall become effective upon the later of (i) its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Sixth Amendment and (ii) the effective date of the Concurrent Ordinance. Unless sooner terminated by the mu tual consent of the Parties, this Sixth Amendment shall automatically terminate and shall thereafter be void for all purposes on June 30, 2035. 4. Effect on the Prior Agreements and other agreements . Except as expressly modified in this Sixth 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 Sixth Amendment is intended to modify other agreements no t mentioned in this Sixth Amendment that affect the development of Gladden II, and the failure of this Sixth Amendment to mention such other agreements shall not affect their validity. 5. Counterparts. This Sixth 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 s ingle instrument so that the signatures of all Parties may be physically attached to a single document. 6. Recitals. The Recitals set forth at the beginning of this Sixth Amendment are hereby acknowledged and confirmed to be accurate. 7. 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 Marana Regular Council Meeting 09/21/2021 Page 186 of 412 Exhibit B to Marana Ordinance No. 2021.020 00077235.DOCX /1 SIXTH AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT -4- 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 Sixth Amendment under applicable state laws. Each Party represents and warrants that the individual executing this Sixth Amendment on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. 8. Severability. If any provision of this Sixth Amendment is declared void or unenforceable, it shall be severed from the remainder of this Sixth Amendment, which shall otherwise remain in full force and effect. If a law o r court order prohibits or excuses the Town from undertaking any contractual commitment to perform any act under this Sixth Amendment, this Sixth 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 Sixth Amendment. 9. Governing law . This Si xth Amendment 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 of the Original GFII DA, requiring disputes to be resolved by binding arbitration. 10. Interpretation. This Sixth Amendment has been negotiated by the Town and the Developer, and no party shall be deemed to have drafted this Sixth Amendment for purposes of construing any portion of this Sixth Amendment for or against any party. 11. Recordation. The Town shall record this Sixth 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. 12. No representations of development. Except as specifically set forth in this Sixth Amendment, nothing contained in this Sixth Amendment shall be deemed to obligate the Town or the Developer to complete any part or all of the development of Gladden II. 13. Approval. If any Party is required pursuant to this Sixth Amendment to give its prior written approval, consent or permis sion, such approval, consent or permission shall not be unreasonably withheld or delayed. 14. Force majeure. If any Party shall be unable to observe or perform any covenant or condition of this Sixth Amendment by reason of “force majeure,” then the failure to observe or perform such covenant or condition shall not constitute a default under this Sixth 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 Marana Regular Council Meeting 09/21/2021 Page 187 of 412 Exhibit B to Marana Ordinance No. 2021.020 00077235.DOCX /1 SIXTH AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT -5- 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 admi nistrative 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. 15. Conflict of interest. This Sixth Amendment is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. IN WITNESS WHEREOF, the Parties have executed this Sixth Amendment as of the last date set forth below their respective signatures . The “Town”: TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall , Town Attorney The “Developer”: GLADDEN PHASE II, LLC, a Delaware limited liability company By: Frank J. Walter III Authorized Signatory Date: GLADDEN PHASE II DEV, LLC, a Delaware limited liability company By: Frank J. Walter III Authorized Signatory Date: STATE OF NEW YORK ) ss County of New York ) The foregoing instrument was acknowledged before me on , 2021, by Frank J. Walter III, Authorized Signatory of GLADDEN PHASE II, LLC, a Delaware limited liability company, on behalf of the LLC. (Seal) Notary Public Marana Regular Council Meeting 09/21/2021 Page 188 of 412 Exhibit B to Marana Ordinance No. 2021.020 00077235.DOCX /1 SIXTH AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT -6- STATE OF NEW YORK ) ss County of New York ) The foregoing instrument was acknowledged before me on , 2021, by Frank J. Walter III, Authorized Signatory of GLADDEN PHASE II DEV, LLC, a Delaware limited liability company , on behalf of the LLC. (Seal) Notary Public Marana Regular Council Meeting 09/21/2021 Page 189 of 412 Exhibit C to Marana Ordinance No. 2021.020 00077247.DOC /4 - 1 - FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT REGARDING DEVELOPMENT IMPACT FEE CREDITS FOR GLADDEN FARMS II TOWN OF MARANA, ARIZONA THIS FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT REGARDING DEVELOPMENT IMPACT FEE CREDITS FOR GLADDEN FARMS II (this “First Amendment”) is entered into by and be- tween the TOWN OF MARANA , an Arizona municipal corporation (the “Town”), and GLADDEN PHASE II, LLC , a Delaware limited liability company, and GLADDEN PHASE II DEV, LLC , a Dela- ware limited liability company (together, the “Developer”). The Town and the Developer are some- times referred to collectively as the “Parties,” and any one of them is sometimes individually re- ferred to as a “Party.” RECITALS A. The subdivision known as Gladden Farms II is comprised of the land described and depicted on the final subdivision block plat Gladden Farms Blocks 26 – 43, recorded in the Pima County Recorder’s office at Book 62 of Maps and Plats, Page 64 (“Gladden Farms II”). B. On November 7, 2012, the Town, FIDELITY NATIONAL TITLE AGENCY, INC., an Arizo- na corporation, as trustee under Trust No. 60311 and not otherwise , and the original developer of Gladden Farms II, FC/M GLADDEN II, L.L.C., an Arizona limited liability company, entered into the “Development Agreement Regarding Development Impa ct Fee Credits for Gladden Farms II” recorded in the Pima County Recorder’s office on November 9, 2012, at Sequence 20123140233 (the “Original GFII DIF DA”). C. The Developer purchased the original developer’s interest in Gladden Farms II in 2013, and is the original developer’s successor for purposes of the Original GFII DIF DA and this First Amendment. D. As of the date of this First Amendment, the Developer retains ownership of Gladden Farms Blocks 32, 33, 38B, 41, and 43. Title to the portions of Gladden Farms II owned by the Developer as of the date of this First Amendment is held by FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as Trustee under Trust No. 60,423, whose sole beneficiaries are GLADDEN PHASE II, LLC and GLADDEN PHASE II DEV, LLC. E. This First Amendment is entered into and authorized pursuant to A.R.S. § 9-500.05. F. The Town has adopted certain development impact fees for roads and regional parks pursuant to A.R.S. § 9-463.05. G. The Developer is entitled to credit pursuant to A.R.S. § 9-463.05(B)(7)(c)(i) toward the payment of the Town’s adopted development impact fees based on the required dedication of Marana Regular Council Meeting 09/21/2021 Page 190 of 412 Exhibit C to Marana Ordinance No. 2021.020 00077247.DOC /4 - 2 - public sites and improvements provided or to be provided by the Developer in connection with the development of Gladden Farms II. H. The Parties desire to memorialize their agreement concerning the amount of the re- maining development impact fee credit applicable to Gladden Farms II. AGREEMENT N OW , THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in the Original GFII DIF DA and this First Amendment, the Parties hereby agree as follows: 1. Credit toward arterial roadway development impact fees. 1.1. Total value. The total value of arterial roads provided by the Developer to the Town in connection with the development of Gladden Farms II, including the value of any and all arterial road right-of-way conveyed to the Town and any and all allowable arterial roadway co nstruction costs, is $9,006,101, including: 1.1.1. $7,635,337 attributable to Tangerine Farms Road Improvement District assess- ments which are creditable against the Town’s arterial roadway development impact fees, 1.1.2. $903,581 in value for the Developer’s dedication of Tangerine Farms Road right - of-way, 1.1.3. $467,183 in value for the Developer’s dedication of Clark Farms Boulevard right- of-way, and 1.2. Credit used and credit remaining 1.2.1. The Original GFII DIF DA calculated a credit against arterial roadway develop- ment impact fees of $3,706 per lot. This credit has been applied to blocks 26, 27, 30, 35, 36/40, 39, and 40/41, in whole or in part. 1.2.2. Those blocks that have already utilized the $3,706 credit per lot will remain subject to the terms of the Original GFII DIF DA. 1.2.3. Based on the premise that all of Blocks 26, 27, 30, 35, 36/40, 39, and 40/41 us e $3,706 credit per lot, $3,439,168 of credit has been used for residential lots. 1.2.4. Block 29 will retain $832,813 of impact fee credit for its development. 1.2.5. Based on credits used or to be used for blocks 26, 27, 30, 35, 36/40, 39, 40/41, and 29, there is $4,734,120 in credit to be used for Blocks 28, 31, 33, 34, 37, 38B, 41, 42, and 43 (the “Remaining Blocks”). 1.3. Northwest Streets Development Impact Fee (DIF) credit. The Remaining Blocks of Gladden Farms II will receive full credit towards the Northwest Streets DIF against all building permit applications (whether located on lots owned by the Developer or on lots owned by others) until the cumulative streets DIF credits equal the remaining credit as set forth in paragraph 1.2.5 above. Marana Regular Council Meeting 09/21/2021 Page 191 of 412 Exhibit C to Marana Ordinance No. 2021.020 00077247.DOC /4 - 3 - 1.3.1. The current credit per single family residence is $3,719 1.3.2. The current credit per multi-family unit is $2,810 1.4. Future fee revisions. If the Town amends its arterial roadway development fee applic a- ble to the Remaining Blocks of Gladden Farms II, the credit per lot will be the new impact fee amount(s). 1.5. Clark Farms Boulevard. The Parties acknowledge that Clark Farms Boulevard is eligible for impact fee credits and upon the Developer’s delivery of security acceptable to the Town in the form of cash, including without limitation a trust account, a letter of credit, or a per formance bond in any combination that adds up to the estimated cost of construction of that roadway plus a 15% contingency, or actual construction of the roadway with final cost documentation and ap- proval by the Town, the total value of credits will increase accordingly. 2. Miscellaneous 2.1. The Developer’s representation of ownership. By entering into this First Amendment, GLADDEN PHASE II, LLC and GLADDEN PHASE II DEV, LLC represent that that they are the sole beneficiaries of and are entitled to enter into this First Amendment on behalf of FIDELITY NA- TIONAL TITLE AGENCY, INC., an Arizona corporation, as Trustee under Trust No. 60,423. 2.2. Effect on the Original GFII DIF DA. Except as expressly modified in this First Amend- ment, the terms, provisions and obligations o f the Original GFII DIF DA shall remain in full force and effect. 2.3. Binding effect. This First Amendment shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 2.4. Cancellation for conflict of interest. This First Amendment is subject to A.R.S. § 38-511, which provides for cancellation in certain instances involving conflict of interest . [Remainder of page intentionally left blank.] Marana Regular Council Meeting 09/21/2021 Page 192 of 412 Exhibit C to Marana Ordinance No. 2021.020 00077247.DOC /4 - 4 - IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the last date set forth below their respective signatures. TOWN: TOWN OF MARANA , an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: Cherry L. Lawson, Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney DEVELOPER: GLADDEN PHASE II, LLC , a Delaware lim- ited liability company By: Frank J. Walter III Authorized Signatory Date: GLADDEN PHASE II DEV, LLC , a Delaware limited liability company By: Frank J. Walter III Authorized Signatory Date: STATE OF N EW YORK ) ss County of New York ) The foregoing instrument was acknowledged before me on , 2021, by Frank J. Walter III, Authorized Signatory of GLADDEN PHASE II, LLC , a Delaware limited liability company, on behalf of the LLC . (Seal) Notary Public STATE OF N EW YORK ) ss County of New York ) The foregoing instrument was acknowledged before me on , 2021, by Frank J. Walter III, Authorized Signatory of GLADDEN PHASE II DEV, LLC , a Delaware limited liability company, on behalf of the LLC . (Seal) Notary Public Marana Regular Council Meeting 09/21/2021 Page 193 of 412 Resolution No. 202 1-131 - 1 - 9/17/2021 10:41 AM [CLR] MARANA RESOLUTION NO. 202 1 -131 RELATING TO DEVELOPMENT; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE AMENDED GLADDEN FARMS II SPECIFIC PLAN ADOPTED BY ORDINANCE NO. 2021.020 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that the amended Gladden Farms II Specific Plan adopted by Ordinance No. 2021.020 and attached to and incorporated in the resolution as Exhibit A, one electronic and one paper copy of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of September, 2021. Mayor Ed Honea ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 09/21/2021 Page 194 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 195 of 412 Gladden Farms II Specific Plan Submitted to: Town of Marana 11555 West Civic Center Drive Marana, AZ 85653 Prepared for: Crown West Land Group 333 East Wetmore Road, Suite 250 Tucson, AZ 85705 Prepared by: The Planning Center 2 East Congress Street, Suite 600 Tucson, AZ 85701 With assistance from: Rick Engineering 3945 East Fort Lowell Road Tucson, AZ 85712 Specific Plan Adopted March 7, 2006 Amendment #1 Approval December 18, 2006 (PCZ05028) Amendment #2 Approval March 6, 2018 (PCZ1708-002) Amendment #3 Approval Month XX, 2021(PCZ21XX-001) Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 196 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 197 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 198 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 199 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 200 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 201 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 202 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 203 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 204 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 205 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 206 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 207 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 208 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 209 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 210 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 211 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 212 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 213 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 214 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 215 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 216 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 217 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 218 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 219 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 220 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 221 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 222 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 223 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 224 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 225 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 226 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 227 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 228 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 229 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 230 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 231 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 232 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 233 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 234 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 235 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 236 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 237 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 238 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 239 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 240 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 241 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 242 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 243 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 244 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 245 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 246 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 247 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 248 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 249 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 250 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 251 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 252 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 253 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 254 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 255 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 256 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 257 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 258 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 259 of 412 Gladden Farms II Specific Plan Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 260 of 412 Table of Contents Gladden Farms II i Specific Plan I. Introduction ....................................................................................................................... 1 A. Specific Plan Summary ................................................................................................... 2 B. Location .......................................................................................................................... 2 C. Authority and Scope ........................................................................................................ 2 D. Legal Description ............................................................................................................ 3 II. Development Capability Report ....................................................................................... 1 A. Introduction .................................................................................................................... 1 B. Existing Land Uses ......................................................................................................... 3 1. Existing On-Site Land Use and Zoning ....................................................................... 3 2. Existing Conditions on Properties within a ¼ Mile Radius ........................................... 4 C. Topography and Slope ................................................................................................... 9 1. Hillside Conservation Areas ........................................................................................ 9 2. Rock Outcrops ............................................................................................................ 9 3. Slopes of 15% or Greater ........................................................................................... 9 4. Other significant Topographic Features ...................................................................... 9 5. Pre-Development Cross-Slope ................................................................................... 9 D. Hydrology ......................................................................................................................11 1. Off-site Watersheds ...................................................................................................11 2. Off-Site Watershed Features .....................................................................................11 3. Pre-Development On-Site Hydrology .........................................................................11 4. Existing Downstream Conditions ...............................................................................12 5. Section 404 Permit ....................................................................................................12 E. Vegetation .....................................................................................................................15 1. Vegetative Communities and Associations on the Site .................................................15 2. Significant Cacti and Groups of Trees and Federally-Listed Threatened or Endangered Species ..............................................................................................................................15 3. Vegetative Densities ...................................................................................................15 F. Wildlife ...........................................................................................................................20 1. Presence of State-Listed Threatened or Endangered Species ...................................20 2. High Densities of a Given Species .............................................................................20 3. Aquatic or Riparian Ecosystems ................................................................................20 G. Soils and Geology .........................................................................................................21 1. Soils ..........................................................................................................................21 2. Geologic Features .....................................................................................................21 H. Environmental Resources..............................................................................................23 I. Viewsheds .....................................................................................................................23 1. Viewsheds Onto and Across the Site .........................................................................23 2. Visibility from Adjacent Off-Site Uses .........................................................................23 J. Traffic Circulation and Road System .............................................................................30 1. Existing and Proposed Off-Site Streets ......................................................................30 2. Existing Access and Rights-of-Way ...........................................................................30 3. Roadway Improvements ............................................................................................32 4. Intersections ..............................................................................................................32 5. Alternate Modes ........................................................................................................33 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 261 of 412 Table of Contents Gladden Farms II ii Specific Plan K. Recreation and Trails ....................................................................................................33 1. Open Space, Recreation Facilities, Parks, and Trails ................................................33 L. Cultural Resources ........................................................................................................35 1. Location of Resources On-Site ..................................................................................35 2. Letter from the Arizona State Museum ......................................................................35 M. Existing Infrastructure and Public Facilities ....................................................................37 1. Sewer ........................................................................................................................37 2. Fire Service ...............................................................................................................37 3. Water .........................................................................................................................42 4. Schools......................................................................................................................45 5. Private Utilities ...........................................................................................................47 N. McHarg Composite Map ................................................................................................47 III. Development Plan ............................................................................................................. 1 A. Purpose and Intent ......................................................................................................... 1 B. Objectives of the Specific Plan ....................................................................................... 1 C. Relationship to Adopted Plans ......................................................................................... 2 D. Compatibility with Adjoining Development ...................................................................... 2 E. Land Use Concept Plan ................................................................................................... 3 F. Grading Concept ............................................................................................................. 9 G. Post Development Hydrology .......................................................................................... 9 H. Environmental Resources ................................................................................................ 9 I. Viewsheds ...................................................................................................................... 9 J. Circulation Concept Plan ................................................................................................. 9 K. Landscape Concept .......................................................................................................12 L. Open Space, Recreation, Parks and Trails Concept ......................................................12 M. Cultural Resources .........................................................................................................15 N. Infrastructure and Public Facilities .................................................................................15 1. Sewer ........................................................................................................................15 2. Fire Service ................................................................................................................15 3. Water .........................................................................................................................15 4. Schools ......................................................................................................................15 5. Private Utilities ............................................................................................................16 IV. Development Regulations ...............................................................................................17 A. Purpose and Intent ......................................................................................................... 1 B. General Provisions ......................................................................................................... 1 1. Applicability of Town of Marana Land Development Code .......................................... 1 2. Building Code ............................................................................................................. 1 3. Additional Uses ........................................................................................................... 1 C. Development Standards ................................................................................................. 2 1. Single-Family Detached 7 (SFD-7) ............................................................................. 2 2. Single-Family Detached 6 (SFD-6) ............................................................................. 4 3. High Density Residential (HDR) .................................................................................. 6 4. Transitional Zone (TR) ................................................................................................ 8 5. Commercial (C) .......................................................................................................... 9 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 262 of 412 Table of Contents Gladden Farms II iii Specific Plan 6. Park ...........................................................................................................................10 D. Design Standards ..........................................................................................................11 1. Town Enforced Residential Design Standards ...........................................................11 2. Design Review Committee Enforced Residential Design Standards ..........................13 3. Town Enforced Commercial Design Standards ..........................................................14 4. Design Review Committee Enforced Commercial Design Standards .........................15 5. Streets .......................................................................................................................16 6. Open Space ...............................................................................................................17 7. Landscaping .............................................................................................................18 8. Monumentation .........................................................................................................19 9. Signs .........................................................................................................................20 10. Walls and Fencing .....................................................................................................22 V. Implementation and Administration ...............................................................................23 A. Purpose .......................................................................................................................... 1 B. Proposed Changes to Zoning Ordinance ........................................................................ 1 C. General Implementation Responsibilities ........................................................................ 1 D. Development Review Procedure .................................................................................... 2 E. Design Review Process .................................................................................................. 2 F. Phasing .......................................................................................................................... 3 G. Specific Plan Administration ........................................................................................... 3 1. Enforcement ............................................................................................................... 3 2. Administrative Change ................................................................................................ 3 3. Substantial Change .................................................................................................... 4 4. Interpretation .............................................................................................................. 4 5. Fees ........................................................................................................................... 4 6. Annual Report............................................................................................................. 4 Appendices .............................................................................................................................. 1 Appendices A. Tree Palette .................................................................................................................... 1 1. Arterial and Collector Street Trees .............................................................................. 1 2. Local Street Trees ...................................................................................................... 1 3. Orchard Trees ............................................................................................................ 1 4. Mesquite Bosque Trees .............................................................................................. 1 5. Open Space Trees ..................................................................................................... 2 6. Palm Trees ................................................................................................................... 2 B. Shrub Palette.................................................................................................................. 3 1. Ornamental Grasses................................................................................................... 3 2. Shrubs ........................................................................................................................ 3 3. Ground Covers ........................................................................................................... 3 4. Accents....................................................................................................................... 4 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 263 of 412 Table of Contents Gladden Farms II iv Specific Plan List of Exhibits I. Introduction Exhibit I.B.1: Location and Vicinity Map ................................................................................ I-4 Exhibit I.B.2: Regional Map .................................................................................................. I-5 II. Development Capability Exhibit II.A: Development Context ....................................................................................... II-2 Exhibit II.B.2.a: Existing Zoning ........................................................................................... II-5 Exhibit II.B.2.b: Existing Land Use ....................................................................................... II-7 Exhibit II.C: Topography ................................................................................................... II-10 Exhibit II.D.1: Off-Site Hydrology ...................................................................................... II-13 Exhibit II.D.2: On-Site Hydrology ...................................................................................... II-14 Exhibit II.E.1: Vegetative Communities and Densities ....................................................... II-16 Exhibit II.E.2: Arizona Game and Fish Department Letter ................................................. II-17 Exhibit II.G.1: Soil Associations ......................................................................................... II-22 Exhibit II.I.1(a): Photo Key Map ......................................................................................... II-24 Exhibit II.I.1(b): Site Photos . ............................................................................................. II-25 Exhibit II.I.2: Areas of High Visibility................................................................................... II-29 Exhibit II.J.2: Existing and Future R.O.W. .......................................................................... II-31 Exhibit II.K.1: Open Space, Trails, and Recreation ............................................................ II-34 Exhibit II.L.2: Arizona State Museum Letter ....................................................................... II-36 Exhibit II.M.1.a: Existing Sewer ......................................................................................... II-38 Exhibit II.M.1.b: Sewer Capacity Letter .............................................................................. II-39 Exhibit II.M.2: Fire Service ................................................................................................. II-41 Exhibit II.M.3.a: Existing Water Lines and Wells ................................................................ II-43 Exhibit II.M.3.b: Water Service Letter ................................................................................. II-44 Exhibit II.M.4: Schools ....................................................................................................... II-46 Exhibit II.N: Composite Map .............................................................................................. II-48 III. Development Plan Exhibit III.E.1: Land Use Concept Plan ............................................................................... III-6 Exhibit III.E.2: Land Use Designation Map .......................................................................... III-7 Exhibit III.F: Circulation Concept Plan ............................................................................... III-10 Exhibit III.K: Open Space Concept Plan ........................................................................... III-13 Appendix Appendix A: Legal Description ................................................................................................ A-1 Appendix B: Plant Palette ....................................................................................................... B-1 Appendix C: Citizen Participation Plan .................................................................................... C-1 Appendix D: Design Review Application.................................................................................. D-1 Appendix E: Definitions ........................................................................................................... E-1 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 264 of 412 Table of Contents Gladden Farms II v Specific Plan Appendix F: Development Agreement ..................................................................................... F-1 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 265 of 412 Introduction Gladden Farms II I-1 Specific Plan I. Introduction Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 266 of 412 Introduction Gladden Farms II I-2 Specific Plan 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. The original Specific Plan was adopted under the guidance of the Northwest Marana Area Plan and the Urban Southeast Planning Area of the Marana General Plan. This amended specific plan is consistent with the Make Marana 2040 General Plan approved and adopted on December 10, 2019, as authorized by public vote in accordance with the Growing Smarter Plus Act of 2000. The Specific Plan is a tool used to implement Make Marana 2040, the Town of Marana’s General 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. The demand for housing has outpaced the commercial demand in this area. The Gladden Farms II Specific plan has been amended to respond to market demand and meet this need for more housing development. This specific plan will provide commercial, residential (may not exceed 2,445 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 is bounded by Gladden Farms I on the west, the Tangerine Road alignment on the south, Moore Road on the north, and the Clark Farms Road alignment on the 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 267 of 412 Introduction Gladden Farms II I-3 Specific Plan 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. D. Legal Description See Appendix A: Legal Description. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 268 of 412 Introduction Gladden Farms II I-4 Specific Plan Exhibit I.B.1: Location and Vicinity Map Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 269 of 412 Introduction Gladden Farms II I-5 Specific Plan Exhibit I.B.2: Regional Map Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 270 of 412 II. Development Capability Report Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 271 of 412 Development Capability Report Gladden Farms II II-1 Specific Plan 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. 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 II.A: Development Context. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 272 of 412 Development Capability Report Gladden Farms II II-2 Specific Plan Exhibit II.A: Development Context Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 273 of 412 Development Capability Report Gladden Farms II II-3 Specific Plan 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. 1. 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. Photo 11: Existing residence in the southern portion of the site. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 274 of 412 Development Capability Report Gladden Farms II II-4 Specific Plan 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 ¼ Mile Radius Zoning Zoning within a ¼ mile radius of the project site consists of: Table 3: Zoning within ¼ Mile Radius North Specific Plan – Rancho Marana West (undeveloped mix of residential, commercial, office, public, and recreational uses). South C (Large Lot Zone); D (Floodplain). East Specific Plan – The Shops at Tangerine and I-10 Motor Plex (undeveloped commercial), LI (Light Industrial). West Gladden Farms I (R-6 (Single-Family Residential); R-7 (Single-Family Residential); R-8 (Single-Family Residential); R-144 (Residential); VC (Village Commercial)); and D (Floodplain). All zones are developed except for Zone D and Village Commercial. See Exhibit II.B.2.a: Zoning. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 275 of 412 Development Capability Report Gladden Farms II II-5 Specific Plan Exhibit II.B.2.a: Existing Zoning Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 276 of 412 Development Capability Report Gladden Farms II II-6 Specific Plan 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 built out with residential development. Commercial development in Gladden Farms I remains undeveloped. To the south lies the Northwest Fire District Station #341, the deactivated Tangerine Road Landfill, and a gravel pit. Table 4: Land Uses within a ¼-Mile Radius North Vacant -- future residential and commercial (Rancho Marana Specific Plan has been approved) and Vanderbilt Block Plat (approved) South Northwest Fire District Station #341, Tangerine Road Landfill (no longer active) and gravel pit. East Pending The Crossroads at Gladden Specific Plan West Gladden Farms I, residential, vacant commercial; park and open space. See Exhibit II.B.2.b: Existing Land Use. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 277 of 412 Development Capability Report Gladden Farms II II-7 Specific Plan Exhibit II.B.2.b: Existing Land Use Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 278 of 412 Development Capability Report Gladden Farms II II-8 Specific Plan Building Heights The properties to the north and east are vacant. To the south is the deactivated Tangerine Road Landfill and a sand and gravel operation. The existing development in the Gladden Farms I subdivision to the west 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. Pending and Conditional Rezonings The Crossroads at Gladden Specific Plan is currently under review for the property to the east. This proposed Specific Plan would replace the Shops at Tangerine and the I-10 Motorplex Specific Plan. Subdivision/Development Plans Approved Gladden Farms I is built out except for the commercial parcel at the corner of Lon Adams and Tangerine Roads. Several blocks from Gladden Farms II are in various stage the approval process. Final plats are currently under review for Blocks 28, 33, 34, 37 and 42. Final plats are recorded for Block 27 Phase II and Block 31. 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. Architectural Style of Adjacent Development Land to the north and east of the project site is currently vacant. Gladden Farms I has been built out with one- and two-story single-family detached homes. The initial phase of Gladden Farms II has been developed under the same design standards of Gladden I, with more lots coming online in the near future. At build- out, the minimum lot size adjacent to the project site will range from 6,000 – 8,000 square feet. The photo to the right demonstrates the character of the adjacent development in Gladden Farms II. Photo 12: Homes in the Gladden Farms II subdivision to the west. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 279 of 412 Development Capability Report Gladden Farms II II-9 Specific Plan 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 II.C: 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 280 of 412 Development Capability Report Gladden Farms II II-10 Specific Plan Exhibit II.C: Topography Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 281 of 412 Development Capability Report Gladden Farms II II-11 Specific Plan 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 282 of 412 Development Capability Report Gladden Farms II II-12 Specific Plan 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 283 of 412 Development Capability Report Gladden Farms II II-13 Specific Plan Exhibit II.D.1: Off-Site Hydrology Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 284 of 412 Development Capability Report Gladden Farms II II-14 Specific Plan Exhibit II.D.2: On-Site Hydrology Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 285 of 412 Development Capability Report Gladden Farms II II-15 Specific Plan 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. Table 1: Special Status Species within 3-Mile Radius Name Common Name State Mammillaria thornberi 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 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 286 of 412 Development Capability Report Gladden Farms II II-16 Specific Plan Exhibit II.E.1: Vegetative Communities and Densities Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 287 of 412 Development Capability Report Gladden Farms II II-17 Specific Plan Exhibit II.E.2: Arizona Game and Fish Department Letter Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 288 of 412 Development Capability Report Gladden Farms II II-18 Specific Plan Exhibit II.E.2: Arizona Game and Fish Department Letter cont. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 289 of 412 Development Capability Report Gladden Farms II II-19 Specific Plan Exhibit II.E.2: Arizona Game and Fish Department Letter cont. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 290 of 412 Development Capability Report Gladden Farms II II-20 Specific Plan 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: Table 2: Special Status Wildlife Species 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 Sigmodon ochrognathus 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 291 of 412 Development Capability Report Gladden Farms II II-21 Specific Plan 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 292 of 412 Development Capability Report Gladden Farms II II-22 Specific Plan Exhibit II.G.1: Soil Associations Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 293 of 412 Development Capability Report Gladden Farms II II-23 Specific Plan 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 II.I.1(a): Photo Key Map and Exhibit II.I.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 II.I.1(b): Site Photos and Exhibit II.I.2: Areas of High Visibility. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 294 of 412 Development Capability Report Gladden Farms II II-24 Specific Plan Exhibit II.I.1(a): Photo Key Map Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 295 of 412 Development Capability Report Gladden Farms II II-25 Specific Plan Exhibit II.I.1(b): Site Photos Photo 1: Looking southeast across the site from the northwest corner. Photo 2: Looking east toward the Santa Catalina Mountains from the western boundary of the property. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 296 of 412 Development Capability Report Gladden Farms II II-26 Specific Plan Exhibit II.I.1(b): Site Photos cont. Photo 3: Looking north between Gladden Farms I and the project site. Photo 4: Looking east along the southern boundary of the property. Photo 5: Looking west towards the Tucson Mountains from the southeast corner. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 297 of 412 Development Capability Report Gladden Farms II II-27 Specific Plan Exhibit II.I.1(b): Site Photos cont. Photo 6: Looking northeast from the eastern boundary. Photo 7: Looking west across the property from the eastern boundary. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 298 of 412 Development Capability Report Gladden Farms II II-28 Specific Plan Exhibit II.I.1(b): Site Photos cont. Photo 8: Looking south from the northeast corner of the property and adjacent to Interstate 10. Photo 9: Looking northwest from the northeast corner of the property and adjacent to Interstate 10. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 299 of 412 Development Capability Report Gladden Farms II II-29 Specific Plan Exhibit II.I.2: Areas of High Visibility Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 300 of 412 Development Capability Report Gladden Farms II II-30 Specific Plan 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: Roadway Inventory Moore Road Tangerine Road Future Tangerine Farms Road Future Clark Farms Boulevard Functional Classification Arterial Arterial Arterial Arterial Existing R.O.W. (feet) 60 60 Not Applicable Not Applicable Future R.O.W. (feet) 250 250 250 150 Number of Lanes 2 2 4 Lanes (planned) 2-4 Lanes (planned) Speed Limit 35 35 Not Known Not Known Ownership Marana Marana Marana Marana ADT (Source, Year) 910 (Gladden Farms II TIA, 2005) 1,230 (Gladden Farms II TIA, 2005) Not Available Not Available Capacity (Source, Year) 13,100 (Gladden Farms II TIA, 2005) 13,100 (Gladden Farms II TIA, 2005) Not Available Not Available Continuous R.O.W. Yes Yes Not Available Not Available Conforms to Width Standards Yes Yes Not Available Not Available Surface Conditions Pavement Pavement Not Available Not Applicable See Exhibit II.J.2: Existing and Future R.O.W. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 301 of 412 Development Capability Report Gladden Farms II II-31 Specific Plan Exhibit II.J.2: Existing and Future R.O.W. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 302 of 412 Development Capability Report Gladden Farms II II-32 Specific Plan 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 I-10: I-19 to Marana TI Widen to 8 Lanes 5.98 In Plan $490,830 ADOT Arterial Rd. East of I-10/Project #9 Tangerine Road to Pinal County Line Construct new 4 lane roadway 203.00 In Plan $30,425 Marana Moore Road Sandario to Postvale Reconstruct 65.89 In Plan $400 Marana Moore Road Postvale to Frontage Road Reconstruct 198.00 In Plan $600 Marana Moore Road I-10 Frontage to Luckett Widen to 4 Lanes 198.00 In Plan 68,600 Marana Tangerine Farms Road Existing Tangerine Road to Luckett Construct new 4 lane road 197.00 In Plan $60,300 Marana Tangerine Road Extension Tangerine Farms Road to Twin Peaks/Sandario Intersection Construct new roadway 205.00 In Plan 27,000 Marana I-10: Moore Road TI Construct new interchange 37.00 Reserve $11,250 ADOT Project #8 Tangerine Road to Lon Adams Road Construct new roadway 202.00 Reserve $17,800 Marana 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 I-10 and Tangerine Road interchange as well as future intersections along Moore Road. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 303 of 412 Development Capability Report Gladden Farms II II-33 Specific Plan 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 Harn District Park is located approximately ¾ 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 The Gladden Farms Community Park to the west includes a multi-use field, two little league fields, play structures, ramada, and restrooms. The Marana Heritage River Park also located to the west, has a pavilion, walking paths, community garden and access to the Santa Cruz River Park and Juan Bautista de Anza National Historic Trail. Gladden Farms I immediately to the west has several smaller parks connected by a network of paseos and open space integrated into the development. A multiuse path south of Tangerine Road connects the Marana Heritage River Park and the Santa Cruz River Park to the Central Arizona Project Recreation Trail (CAP) at Interstate 10. The CAP trail runs approximately one mile to the east and crosses under Interstate 10. 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 shared use path within the Santa Cruz River Park runs in a northwesterly along the Santa Cruz River. The trail has 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 304 of 412 Development Capability Report Gladden Farms II II-34 Specific Plan Exhibit II.K.1: Open Space, Trails, and Recreation Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 305 of 412 Development Capability Report Gladden Farms II II-35 Specific Plan 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 306 of 412 Development Capability Report Gladden Farms II II-36 Specific Plan Exhibit II.L.2: Arizona State Museum Letter Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 307 of 412 Development Capability Report Gladden Farms II II-37 Specific Plan 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 The project is currently served by the Northwest Fire District. Northwest Fire District Station #341 is located within the Specific Plan boundary at 10350 W Tangerine Rd. See Exhibit II.M.2: Fire Service. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 308 of 412 Development Capability Report Gladden Farms II II-38 Specific Plan Exhibit II.M.1.a: Existing Sewer Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 309 of 412 Development Capability Report Gladden Farms II II-39 Specific Plan Exhibit II.M.1.b: Sewer Capacity Letter Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 310 of 412 Development Capability Report Gladden Farms II II-40 Specific Plan Exhibit II.M.1.b: Sewer Capacity Letter continued Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 311 of 412 Development Capability Report Gladden Farms II II-41 Specific Plan Exhibit II.M.2: Fire Service Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 312 of 412 Development Capability Report Gladden Farms II II-42 Specific Plan 3. Water 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: Existing Water Lines and Wells. 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. 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 313 of 412 Development Capability Report Gladden Farms II II-43 Specific Plan Exhibit II.M.3.a: Existing Water Lines and Wells Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 314 of 412 Development Capability Report Gladden Farms II II-44 Specific Plan Exhibit II.M.3.b: Water Service Letter Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 315 of 412 Development Capability Report Gladden Farms II II-45 Specific Plan 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 316 of 412 Development Capability Report Gladden Farms II II-46 Specific Plan Exhibit II.M.4: Schools Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 317 of 412 Development Capability Report Gladden Farms II II-47 Specific Plan 5. Private Utilities Natural Gas El 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. 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: Existing Water Lines and Wells, for the location of the wells and canals. 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. 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 318 of 412 Development Capability Report Gladden Farms II II-48 Specific Plan Exhibit II.N: Composite Map Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 319 of 412 III. Development Plan Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 320 of 412 Development Plan Gladden Farms II III-1 Specific 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 Make Marana 2040 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 Make Marana 2040 General 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: • Implement the policies and guidelines of the Make Marana 2040 General Plan; • Create a community that is compatible with existing and planned development; • Establish design standards that encourage quality design of all structures while promoting the rural/agrarian theme described in the Plan; • Build a community that is easily accessible and promotes multi-modal transportation and interconnectivity; • Design a community that provides a variety of uses and housing types through the application of the Residential/Commercial Village concept; • Provide uniform development regulations for land use, circulation, landscaping, and open space; • Ensure coordinated, responsible planning through the use of cohesive procedures, regulations and guidelines; • Build a mixed-use community that promotes higher density housing and commercial uses; and Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 321 of 412 Development Plan Gladden Farms II III-2 Specific Plan • 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, Make Marana 2040, by Town Council in 2019 and ratification by voters in 2020. 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 to promote a village commercial theme. 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, the land is vacant, but Rancho Marana 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. The recently adopted Vanderbilt Farms Block Plat is the first step of this development. South of the project site lies the Pima County Tangerine Road Landfill. Though the landfill has been deactivated for several years, it will be buffered by vegetation and Tangerine Farms Road. Agricultural land is currently to the east of the project site. It was originally planned for intense commercial use under the Shops at Tangerine and I-10 Motorplex. After years of inactivity the property is now being reimagined under the proposed The Crossroads at Gladden Specific Plan, which is being developed by the same Master Developer as Gladden I and II and will use similar regulations and standards to create a cohesive community. This plan will Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 322 of 412 Development Plan Gladden Farms II III-3 Specific Plan replace the intense commercial use with a blend of uses including transitional, commercial, and commerce park. Clark Farms Boulevard will be constructed between Gladden Farms II and the property to the east. Land uses within Gladden II transition in density/intensity to blend with mix of uses associated with The Crossroads at Gladden. 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 may have higher intensity uses because it is located at a major intersection. Gladden Farms II Amendment #3 replaces the Commercial designation on Blocks 38B and 43 with High Density Residential. See Exhibit III.E.1: Land Use Concept Plan. The increased demand for housing coupled with the current state of commercial development makes residential development a more effective use of these blocks. The change to residential use adds another 222 housing units to Gladden II, increasing the targeted number of allowed units from 2,345 to 2,567. See Third Amendment Gladden Farms Specific Plan Land Use Table. The High Density Residential continues the transition in density across Gladden II and blends with proposed changes to the commercial intensity for the property to east. New opportunities for commercial and employment uses to serve the Gladden communities and general area are proposed within The Crossroads at Gladden Specific Plan to the east. Block 38A retains its Commercial designation. It has been purchased by the Marana Unified School District for a future school. Three blocks are designated for Transitional Use. Blocks 28 and 34 are being platted for residential use. Due to the small size of Block 44 in the northwest corner, it is not appropriate for high density housing or large retail 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 and Clark Farms Boulevard. This designation supports a variety of housing types, Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 323 of 412 Development Plan Gladden Farms II III-4 Specific Plan including single-family attached, small-lot single-family detached, and multi-family housing. The central and western portions of the site are composed of single-family detached residential lots ranging in size from 6,000 to over 7,000 square feet. An open space overlay zone has been established to demonstrate the approximate 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 324 of 412 Development Plan Gladden Farms II III-5 Specific Plan Third Amendment Gladden Farms Specific Plan Land Use Table Block Gross Acres Net Acres Land Use Target for Lots/Units 26 28.7 20.7 SFD-6 96** 27 36.9 31.1 HDR 173** 28 27.8 23.2 TR 136*** 29 64.1 57.8* C N/A 30 45.7 29.6 SFD-7 136** 31 26.1 22.3 SFD-6 115** 32 3.0 2.0 P N/A 33 37.7 29.2 SFD-6 119 34 37.6 33.6 TR 105*** 35 32.0 27.2 SFD-6 82** 36 27.4 20.5 HDR 88** 37 46.3 31.1 HDR 212*** 38A 15.0 12.0 .0.0 C N/A 38B 16.0 12.0 HDR 148 39 48.2 32.4 SFD-7 123** 40A 20.1 14.2 HDR 88** 40B 32.9 20.2 HDR 119** 41 18.8 14.3 HDR 280 42 36.5 28.5 HDR 157*** 43 28.75 20.8 HDR 304 44 2.3 1.4 TR N/A Total Acres 636.3 495.5 2,567 Open Space Overlay Zone/Drainage 72.2 Roads 68.9 Total Units: 2,567 (projected unit mix of 1,983 single-family lots and 584 individual units of multi-family housing) Overall Density: 4 RAC *Areas updated based on the block plat. **Number of platted lots. ***Number of lots based on preliminary plat. KEY: SFD-7: Single-Family Detached SFD-6: Single-Family Detached HDR: High Density Residential TR: Transitional C: Commercial Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 325 of 412 Development Plan Gladden Farms II III-6 Specific Plan P: Park Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 326 of 412 Development Plan Gladden Farms II III-7 Specific Plan Exhibit III.E.1: Land Use Concept Plan [Grab your reader’s attention with a great quote from the document or use this space to emphasize a key point. To place this text box anywhere on the page, just drag it.] Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 327 of 412 Development Plan Gladden Farms II III-8 Specific Plan Exhibit III.E.2: Land Use Designation Map Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 328 of 412 Development Plan Gladden Farms II III-9 Specific 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. I. Viewsheds The project site is relatively flat with no significant topographical features. It is surrounded by vacant land to the north and east. Northwest Fire District Station #341 was recently constructed within the Specific Plan on Tangerine Road west of the Clark Farms alignment. The station is one story in height. The deactivated landfill and sand and gravel are the only uses to the south of the project site. Houses in the Gladden Farms I development are 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 viewshed. 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 I-10 Frontage Road and Moore Road. A landscaped buffer will be established along the major arterials within the right-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 property, linking bicyclists and pedestrians to the regional trail system. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 329 of 412 Development Plan Gladden Farms II III-10 Specific Plan 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 Farms 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 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 construct 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 330 of 412 Development Plan Gladden Farms II III-11 Specific Plan Exhibit III.F: Circulation Concept Plan Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 331 of 412 Development Plan Gladden Farms II III-12 Specific Plan K. Landscape Concept The landscape concept for the Gladden Farms II Specific Plan is based on the Gladden Farms I 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 II 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 two-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 Park will be maintained by the Gladden Farms Community Association and will be for the use of Gladden Farm I and II 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, 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 two-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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 332 of 412 Development Plan Gladden Farms II III-13 Specific Plan 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 333 of 412 Development Plan Gladden Farms II III-14 Specific Plan Exhibit III.K: Open Space Concept Plan Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 334 of 412 Development Plan Gladden Farms II III-15 Specific 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 the use of 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 northwest 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 and a half miles northwest of Gladden Farms II. MUSD anticipates that the elementary school within Gladden Farms I will accommodate the students from Gladden Farms II. As such, the Master Developer has agreed to voluntarily contribute $1,200 per house to MUSD at the time building permits are issued. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 335 of 412 Development Plan Gladden Farms II III-16 Specific Plan It is anticipated that the project will have 1,842 single-family residential units and 603 multi-family units at buildout. Marana Unified School District (MUSD) does 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 854 school- aged children, unless any portion of this Specific Plan is developed as an age- restricted community: Single-Family Residential: K-6: .25 x 1,842 units = 461 school age children 7-12: .15 x 1,842 units= 276 school age children Multi-Family Residential: Elementary K-5: 0.103 X 603 units = 62 school age children Middle School 6-8: 0.043 X 603 units = 26 school age children High School9-12: 0.048 X 603 units = 29 school age children 5. Private Utilities Natural Gas Southwest Gas will provide gas service to the residents of Gladden Farms The El 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 El Paso Natural Gas Co. standards. In general, shrubs and turf are acceptable landscape materials within the easement right-of-way, while trees are not. 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 336 of 412 Development Regulations Gladden Farms II IV-17 Specific Plan IV. Development Regulations Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 337 of 412 Development Regulations Gladden Farms II IV-1 Specific Plan 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: ▪ 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 338 of 412 Development Regulations Gladden Farms II IV-2 Specific Plan 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. Single-Family Detached 7 (SFD-7) Permitted Uses ▪ Single-Family Detached Residential ▪ Parks and Open Space ▪ Recreation Facilities ▪ Public Education Facilities ▪ Religious Institutions 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 Conditional Uses ▪ Child Care Facilities ▪ Private Education Facilities ▪ Group Homes 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* Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 339 of 412 Development Regulations Gladden Farms II IV-3 Specific Plan *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 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 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 340 of 412 Development Regulations Gladden Farms II IV-4 Specific Plan 2. Single-Family Detached 6 (SFD-6) Permitted Uses ▪ Single-Family Detached Residential ▪ Parks and Open Space ▪ Recreation Facilities ▪ Public Education Facilities ▪ Religious Institutions 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 Conditional Uses ▪ Child Care Facilities ▪ Private Education Facilities ▪ Group Homes 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 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 341 of 412 Development Regulations Gladden Farms II IV-5 Specific Plan 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 structures 55% ▪ Minimum Common Open Space per Dwelling Unit: 185 square feet Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 342 of 412 Development Regulations Gladden Farms II IV-6 Specific Plan 3. High Density Residential (HDR) Permitted Uses ▪ Multi-Family Residential ▪ Small-Lot Single-Family Detached ▪ Single-Family Residential Attached ▪ Parks and Open Space ▪ Community Recreation Facilities ▪ Religious Institutions Accessory Uses ▪ Carports and Garages ▪ Swimming Pools, Spas, and Other Related Structures ▪ Tennis courts Conditional Uses ▪ Childcare facilities ▪ Group homes ▪ Educational facilities 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 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* Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 343 of 412 Development Regulations Gladden Farms II IV-7 Specific Plan ▪ 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 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 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 344 of 412 Development Regulations Gladden Farms II IV-8 Specific Plan 4. Transitional Zone (TR) 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 Accessory Uses ▪ Carports and Garages ▪ Swimming Pools, Spas, and Other Related Structures ▪ Tennis courts Conditional Uses ▪ Child care facilities ▪ Group homes ▪ Educational facilities ▪ Restaurant and Food Service with drive-thru service Development Standards—Residential ▪ See High Density Residential 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 345 of 412 Development Regulations Gladden Farms II IV-9 Specific Plan 5. Commercial (C) 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 Conditional Uses ▪ Automobile Service Stations Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 346 of 412 Development Regulations Gladden Farms II IV-10 Specific Plan ▪ Car Washes ▪ Convenience Stores ▪ Multi-Family Residential 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 6. Park Permitted Uses ▪ Dog Park ▪ Play Equipment ▪ Ramadas and Picnic Tables ▪ Recreation Centers ▪ Trails ▪ Water Splash Park ▪ Pool Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 347 of 412 Development Regulations Gladden Farms II IV-11 Specific Plan 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, Pueblo, 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 General 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, Pueblo, 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 348 of 412 Development Regulations Gladden Farms II IV-12 Specific Plan 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. 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. Design—Single-Family Attached and Multi-Family ▪ Façades 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 façade, 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. 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. ▪ Tandem garages are acceptable for the attached units. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 349 of 412 Development Regulations Gladden Farms II IV-13 Specific Plan 2. Design Review Committee Enforced Residential Design Standards 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. 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. 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. 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 stepbacks are encouraged. ▪ Four-sided architecture shall be required. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 350 of 412 Development Regulations Gladden Farms II IV-14 Specific Plan 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. 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. 3. Town Enforced Commercial Design Standards 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. 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. Roofs ▪ Roofs shall be made of tile, slate or concrete shingles, wood shingles, or metal. ▪ All roof screens shall be continuous. Exterior Finish Materials ▪ Permitted exterior finish materials include masonry (concrete, glass, or brick), wood, textured or exposed aggregate, stone or stone veneer. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 351 of 412 Development Regulations Gladden Farms II IV-15 Specific Plan ▪ The use of pre-fab, all-metal steel is prohibited. Finished metal details within architecturally designed structures may be used. 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. 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. 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. 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. 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 352 of 412 Development Regulations Gladden Farms II IV-16 Specific Plan 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. 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. 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. From Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 353 of 412 Development Regulations Gladden Farms II IV-17 Specific Plan 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. 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. 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. 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. 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. 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 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 354 of 412 Development Regulations Gladden Farms II IV-18 Specific Plan steeper than 3:1. If the drainage channels utilize rip-rap, adequate space for trees to grow shall be provided within the channels. Irrigation Non-potable water will be provided by 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 may be used. Outdoor Furniture Street furniture may include trash receptacles, benches, bus shelters, planters, bicycle racks, bollards, and information displays 7. Landscaping 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. 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. 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 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 355 of 412 Development Regulations Gladden Farms II IV-19 Specific Plan entry driveway. • 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 landscape 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. 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. 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. 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. 8. Monumentation 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 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 356 of 412 Development Regulations Gladden Farms II IV-20 Specific Plan 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 Road, Moore Road at 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 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. 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. 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 II. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 357 of 412 Development Regulations Gladden Farms II IV-21 Specific Plan 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. 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. • 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 358 of 412 Development Regulations Gladden Farms II IV-22 Specific Plan 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. 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. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 359 of 412 V. Implementation and Administration Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 360 of 412 Implementation and Administration Gladden Farms II V-1 Specific Plan A. Purpose This section of the Specific Plan outlines the implementation of development on the project site. It identifies the responsible party 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 reg ulations 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 II 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 FC/M Gladden 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. 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 II. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 361 of 412 Implementation and Administration The Town of Marana Mayor and Council approved the formation of a Community Facilities District within Gladden Farms I in 2004. The purpose of this district is to assist with the construction and implementation of major infrastructure. The intent of the Master Developer is to enter into a similar agreement with the Town of Marana to form a Community Facilities District within Gladden Farms II. 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 - $500 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 Review Applications may be submitted to: Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 362 of 412 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 northwest corner. The initial site work will begin in 2017. 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 35, 39, 40 and 36. Phase II may include Blocks 26, 30 and 41. Blocks 27, 31, 33, 37, and 42 may be included in Phase III. The final phase, Phase IV, may include Blocks 28, 29, 34, 38, 43 and 44. 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 are not limited to: Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 363 of 412 Implementation and Administration ▪ 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. 6. Annual Report At the platting stage, the Master Developer will provide Town staff with a Monitoring Program outlined in Appendix D of the Northwest Area Marana Plan. This will provide Town of Marana staff with information to assess the impact of proposed developments on existing infrastructure and determine the needs for future development. Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 364 of 412 Appendices Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 365 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 366 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 367 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 368 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 369 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 370 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 371 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 372 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 373 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 374 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 375 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 376 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 377 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 378 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 379 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 380 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 381 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 382 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 383 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 384 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 385 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 386 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 387 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 388 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 389 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 390 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 391 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 392 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 393 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 394 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 395 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 396 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 397 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 398 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 399 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 400 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 401 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 402 of 412 Exhibit A to Marana Resolution No. 2021-131 Marana Regular Council Meeting 09/21/2021 Page 403 of 412 Development Services / maranaplanning@maranaAZ.gov 11555 West Civic Center Drive / Marana, AZ 85653 Ph (520) 382-2600 / Fax (520) 382-2641 / maranaAZ .gov PROJECT APPLICATION APPLICATION TYPE  Annexation  Development Plan  Development Plan Package  General Plan Amendment  Rezone  Minor Land Division  Significant Land Use Change  Conditional Use Permit  Specific Plan  Landscape Plan  Native Plant Plan/Exception  SWPP  Variance  Hydraulic Model  Sewer Capacity Assurance  Sign Program  Plat  Improvement Plan  Report (Type): ______________  Other: ___________________ PROJECT INFORMATION Project Name: Description of Project: Number of Lots: Parcel No.(s): Gross Area (Acres): Project Address: Ref. Project No.: CONTACT INFORMATION Owner: Contact Name: Address: City: State: Zip: Email: Phone No.: Applicant: Contact Name: Address: City: State: Zip: Email: Phone No.: Consultant/Engineer: Contact Name: Address: City: State: Zip: Email: Phone No.: OWNER/APPLICANT AUTHORIZATION I hereby certify that the information set forth in this application are true and correct to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application. (If applicant is not the owner, attach written authorization from the owner.) Applicant Name (PRINT) Signature Date FOR OFFICIAL USE ONLY Project No.______________________ Date Received____________________ Revision Date 03/29/2019 Marana Regular Council Meeting 09/21/2021 Page 404 of 412 Data Disclaimer: The Town of Marana provides this map information"As Is" at the request of the user with the understanding that it is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In noevent shall The Town of Maranabecome liable to users of these data, or any other party, for any loss or direct, indirect, special, incidental, or consequential damages, including but not limited to time, money, or goodwill, arising from the use or modification of the data. ° SUBJECT PROPERTY W. Tangerine Road Mike Etter Blvd. Alignment INT E R S T A T E 1 0 NorthwestFirestation #36 VentanaLogisticsFacility GLADDEN FARMS IISPECIFIC PLAN TANGERINE COMMERCEPARKSPECIFIC PLAN GraniteConstruction CROSSROADS AT GLADDEN SPECIFIC PLAN Pima County Landfill(Closed)Clark Farms Blvd. AlignmentTransitional (TR)Land Use Designation Commercial (C)Land UseDesignation Transitional (TR)Land Use DesignationSFD-6Land Use Designation High Density Residential (HDR)Land Use Designation Commercial (C)Land Use Designation Marana Regular Council Meeting 09/21/2021 Page 405 of 412    Council-Regular Meeting   A3        Meeting Date:09/21/2021   To:Mayor and Council Submitted For:Libby Shelton, Deputy Town Attorney From:Libby Shelton, Deputy Town Attorney Date:September 21, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-132:  Relating to Administration; approving and authorizing the Finance Director to execute Amendment Two to the Inmate Work Contract between the Town of Marana, the Arizona Department of Corrections and the Management & Training Corporation for inmate labor services (Libby Shelton) Discussion: The Town of Marana has maintained an agreement with the Arizona Department of Corrections, Rehabilitation, and Reentry (ADCRR) and the Management & Training Corporation (MTC) for a number of years to obtain the use of inmate labor crews from the Marana Community Correctional Treatment Facility (MCCTF) for work on Town public works projects. On March 17, 2020, the Town Council adopted Resolution No. 2020-028 approving the latest version of the inmate work contract. On June 16, 2020, the Town Council adopted Resolution No. 2020-063 executing Amendment One to the inmate work contract granting MTC broader discretion to prohibit the assignment of inmates for work assignments when MTC reasonably believes there is likelihood of risk to the health or safety of the public, inmate workers, or MTC staff. This proposed Amendment Two to the inmate work contract adds the following COVID-19 related requirements: Town of Marana employees who work with inmates that are not fully vaccinated for COVID-19 must provide proof of a negative COVID-19 test within a preceding period ranging from one week to one month as required by ADCRR.  The Town of Marana is responsible for the testing, testing costs, and confirmation of test results.   1. Town of Marana employees who work with inmates who are fully vaccinated for COVID-19 must report if the employee is symptomatic for possible COVID-19 2. Marana Regular Council Meeting 09/21/2021 Page 406 of 412 infection or has a known exposure to COVID-19.  In the event the vaccinated employee is symptomatic or exposed, the employee will have to submit to COVID-19 testing.   The testing and other related requirements are subject to change depending on new guidance from the U.S. Centers for Disease Control and Prevention (CDC), State of Arizona guidelines or directives, ADCRR policy changes, and/or any other dynamic aspects of the COVID-19 pandemic.  When ADCRR makes changes, ADCRR will notify in writing and the Town of Marana is expected to abide by and carry out any changes. 3. Town staff met with affected departments to discuss the new COVID-19 requirements in this amendment.  Considering the additional burden of this amendment employees were given an opportunity to opt out of working with the inmates if the individual employee is not comfortable with abiding by the new COVID-19 requirements.   Financial Impact: This amendment should not have a significant financial impact for those departments that participate in this agreement.  Some additional costs might be incurred for the COVOD-19 tests.  Staff is not able to estimate these costs but anticipates they will not be material to department budgets.  Any medical related costs associated with testing will be charged to the Human Resources department health and safety account which is consistent with other work related testing protocols or programs. Staff Recommendation: Staff recommends adoption of Resolution No. 2021-132, authorizing the Finance Director to execute Amendment Two to the Inmate Work Contract between the Town of Marana, the Arizona Department of Corrections and the Management & Training Corporation for inmate labor services. Suggested Motion: I move to adopt Resolution No. 2021-132, authorizing the Finance Director to execute Amendment Two to the Inmate Work Contract between the Town of Marana, the Arizona Department of Corrections and the Management & Training Corporation for inmate labor services. Attachments Resolution 2021-132 Exhibit A: Contract Amendment Marana Regular Council Meeting 09/21/2021 Page 407 of 412 Marana Resolution No. 2021-132 - 1 - MARANA RESOLUTION NO. 2021-132 RELATING TO ADMINISTRATION; APPROVING AND AUTHOR IZING THE FINANCE DIRECTOR TO EXECUTE AMENDMENT TWO TO THE INMATE WORK CONTRACT BETWEEN THE TOWN OF MARANA, THE ARIZONA DEPARTMENT OF CORRECTIONS AND T HE MANAGEMENT & TRAINING CORPORATION FOR INMATE LABOR SERVICES WHEREAS the Town of Marana has maintained an agreement with the Arizona Department of Corrections and the Management & Training Corporation (MTC) for a number of years to obtain use of inmate labor crews from the Marana Community Correctional Treatment Facility; and WHEREAS the Town Council adopted Resolution No. 2020-028 approving the latest version of the Inmate Work Contract on March 17, 2020; and WHEREAS the Town Council adopted Resolution No. 2020 -063 executing Amendment One to the inmate contract on June 16, 2020 granting MTC broader discretion to prohibit work assignments for inmates when there is a likelihood of risk to the health or safety of the public, inmate workers, or MTC sta ff; and WHEREAS the parties wi sh to execute Amendment Two to inmate contract to add COVID-19 restrictions; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to amend the Inmate Work Contract. NOW, THEREFORE, BE IT RESOLVED BY THE M AYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Amendment Two to the Inmate Work Contract between the Town of Marana, the Arizona Department of Corrections and the Management & Training Corporation for inmate labor services, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Finance Director is hereby authorized and directed to execute it for and on behalf of the Town of Marana. Marana Regular Council Meeting 09/21/2021 Page 408 of 412 Marana Resolution No. 2021-132 2 SECTION 2. The Town’s Manager and staff are here by directed and authorized to undertake all other and further tasks required or beneficial to implement and carry out the terms, obligations, and objectives of the contract. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of September, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 09/21/2021 Page 409 of 412 Exhibit A to Marana Resolution No. 2021-1321 of 3Marana Regular Council Meeting 09/21/2021Page 410 of 412 Exhibit A to Marana Resolution No. 2021-1322 of 3Marana Regular Council Meeting 09/21/2021Page 411 of 412 Exhibit A to Marana Resolution No. 2021-1323 of 3Marana Regular Council Meeting 09/21/2021Page 412 of 412