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HomeMy WebLinkAboutRegular Council Meeting Agenda Packet 01/17/2023              MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 17, 2023, 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 January 17, 2023, 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 Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. Marana Regular Town Council Meeting January 17, 2023 Page 1 of 311 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 Town Council Meeting January 17, 2023 Page 2 of 311 future agenda.   PROCLAMATIONS   PR1 Proclamation recognizing February 2, 2023 as "Optimist Day" (David L. Udall)   MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS   MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS   PRESENTATIONS   P1 Relating to Transportation: Presentation and discussion regarding the Marana Master Transportation Plan update (Fausto Burruel)   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 Resolution No. 2023-001: Relating to Public Works; approving and authorizing the Mayor to execute an Intergovernmental Agreement between Pima County and the Town of Marana for the Joint Administration of Public Works Projects (Jane Fairall)   C2 Resolution No. 2023-002: Relating to Building Safety; approving and authorizing the Mayor to sign an intergovernmental agreement between the Town of Marana and Northwest Fire District for access to the Town's virtual private network (VPN), Laserfiche system, and TRAKiT system (David L. Udall)   C3 Resolution No. 2023-003: Relating to Budget; approving a new capital improvement project, the Airport AWOS Upgrade project (AP042), and approving the transfer of up to $410,000.00 in budgeted expense authority from the Airport MIRL, PAPI, Beacon Replacement Lighting project (AP026) in the fiscal year 2022-2023 budget to fund the project (Fausto Burruel) Marana Regular Town Council Meeting January 17, 2023 Page 3 of 311   C4 Resolution No. 2023-004: Relating to Development; approving the Final Plat for Villagio Lots 5-7 located north of Tangerine Road and west of Thornydale Road within Section 31, Township 11 South and Range 13 East (Brian D. Varney)   C5 Resolution No. 2023-005: Relating to Development; approving a final plat for Boulder Canyon at Dove Mountain, Lots 1-58, and Common Areas "A" (Private Streets), "A-1" (Private Street and Public Pedestrian Trail Access), "B-1" (Public Pedestrian Trail Access and Open Space), "B-2" and "B-3" (Open Space, Utilities, Drainage, Grading and Landscaping) located north of Boulder Bridge Pass approximately one-half mile west of Secret Springs Drive within Section 15, Township 11 South and Range 12 East (Brian D. Varney)   C6 Resolution No. 2023-006: Relating to Personnel; authorizing Town staff to send 60-day notice of termination of 457 deferred compensation plan to the ICMA Retirement Corporation and to begin transition process to Nationwide Retirement Solutions 457 plan (Curry Hale)   C7 Approval of Regular Council Meeting Summary Minutes of December 20, 2022 and of Special Council Meeting Summary Minutes of December 20, 2022 (David L. Udall)   LIQUOR LICENSES   BOARDS, COMMISSIONS AND COMMITTEES   COUNCIL ACTION   A1 PUBLIC HEARING: Ordinance No. 2023.001: Relating to Development; approving a rezoning of approximately 154.5 acres of land generally located between Marana Road and Grier Road, east of Wentz Road from Zone A - Small Lot Zone to R-4 Residential; and approving and authorizing the Mayor to sign the Development Agreement Regarding Streets Development Impact Fee Credits for the Wentz 154 Development Project (Scott S. Radden)   A2 PUBLIC HEARING: Ordinance No. 2023.002: Relating to Development; approving a rezoning of approximately 165 acres of land located east of Interstate 10, east and west of Adonis Road, and approximately 1.2 miles north of Tangerine Road from Zone E (Transportation Corridor) to R-4 (Residential), R-5 (Residential), and MR-1 Marana Regular Town Council Meeting January 17, 2023 Page 4 of 311 (Multi-Family Residential); and approving and authorizing the Mayor to sign the Development Agreement Regarding Streets Development Impact Fee Credits for the Stonegate Development Project (Brian Varney)       A3 PUBLIC HEARING: Resolution No. 2023-007: Relating to Community and Neighborhood Services; approving and authorizing implementation of the Community Development Block Grant Citizen Participation Plan (Lisa Shafer)   A4 Resolution No. 2023-008: Relating to Annexation; adopting the Town of Marana Annexation Policy (Jason Angell)   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)      D2 Relating to Budget; discussion, direction, and possible action regarding development of the fiscal year 2023/2024 budget, including proposed budget initiatives and expenditures (Terry Rozema)      D3 Resolution No. 2023-009: Relating to Administration; approving and authorizing the Mayor to execute the Town Manager's Employment Agreement between the Town of Marana and Terry S. Rozema (Jane Fairall)   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).      E2 Executive session pursuant to A.R.S. §38-431.03 (A)(3) and (4) for discussion or consultation with the Town’s attorneys and to instruct the Town’s representatives concerning the litigation entitled In Re: AFFF Products Liability Litigation, MDL No. 2873, currently pending in the United States District Court for the District of South Carolina, related to the    Marana Regular Town Council Meeting January 17, 2023 Page 5 of 311 potential recovery of costs to remedy water quality issues resulting from perfluorinated compounds contamination.   E3 Executive Session pursuant to A.R.S. §38-431.03 (A)(1) to discuss the employment of Town Manager Terry Rozema, including discussion of the terms of the Town Manager’s Employment Agreement.      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 Town Council Meeting January 17, 2023 Page 6 of 311      Council-Regular Meeting   PR1        Meeting Date:01/17/2023   Date:January 17, 2023 Subject:Proclamation recognizing February 2, 2023 as "Optimist Day" (David L. Udall) Attachments Proclamation Marana Regular Town Council Meeting January 17, 2023 Page 7 of 311 PROCLAMATION Recognizing February 2, 2023 as Optimist Day WHEREAS, Young people are our joy of today and our hope for tomorrow. They are filled with potential, and their unbounded enthusiasm to use their own talent, skills, and hard work to make a difference in others’ lives inspires all around them; and WHEREAS, Members of Optimist International celebrate Optimist Day throughout the world on the first Thursday of every February to promote their efforts in helping and recognizing the young people that make a difference in their communities and who encourage a greater exchange of ideas between young people and adults; and WHEREAS, There are thousands of Optimist Clubs worldwide that carry out more than 6,500 service projects and serve around six million young people each year; and WHEREAS, Anyone can celebrate Optimist Day by volunteering in the community, teaming up with their local Optimist Club, doing something that brings out optimism in themselves or others, or by bringing awareness about Optimist Day and the Optimist International Organization to friends and loved ones; and WHEREAS, The Marana-Foothills Optimist Club is a local club whose mission is to provide hope and positive vision and to bring out the best in youth, our communities, and ourselves. The club’s purpose is to develop optimism as a way of life, promote an active interest in good government and civic affairs, inspire respect for the law, promote patriotism and work for international accord and friendship among all people, aid and encourage in the development of youth, and serve others to advance the well-being of humankind, community life, and the world. NOW, THEREFORE, I, Ed Honea, Mayor of the Town of Marana, do hereby proclaim and recognize February 2, 2023 as Optimist Day in the Town of Marana and commend the Town’s Optimists for all of their accomplishments and for the impact they have in people’s lives. Dated this 17th day of January, 2023. ATTEST: David L. Udall, Town Clerk Ed Honea, Mayor Marana Regular Town Council Meeting January 17, 2023 Page 8 of 311      Council-Regular Meeting   P1        Meeting Date:01/17/2023   To:Mayor and Council Submitted For:Fausto Burruel, Public Works Director From:Diahn Swartz, Traffic Manager Date:January 17, 2023 Strategic Plan Focus Area: Vibrant Community,  Cherished Heritage,  Proactive Public Services Strategic Plan Focus Area Additional Info: The Transportation Master Plan (TMP) touches on many elements of the Town's Strategic Plan; commerce, community, heritage, and lifestyles. Focus Area 5: Proactive Public Services and the strategies within this focus area most closely align with the goal of the TMP. The Transporation Master Plan will be a vital guiding document as we move forward and this will be evident in future 5-Year Capital Improvement Plans. The TMP will also be a useful tool for not only the Town but those who are doing business and developing within Marana, providing guidance and information on future roadway networks and road classifications.  Focus Area 2: Vibrant Community also includes a strategy to update the Transportation Master Plan to reflect community needs and to support a Complete Streets approach to street design, to provide a safe and connected multi-modal transportation system.    Subject:Relating to Transportation: Presentation and discussion regarding the Marana Master Transportation Plan update (Fausto Burruel) Discussion: Kittelson and Associates is the consultant that has been procured to prepare the Town Marana Regular Town Council Meeting January 17, 2023 Page 9 of 311 Kittelson and Associates is the consultant that has been procured to prepare the Town of Marana's Transportation Master Plan. They will provide a presentation that covers the following: Purpose of a Transportation Master Plan Plan Overview How We are Engaging the Public Ways to Get Involved Study Team Next Steps Staff Recommendation: Not Applicable. Presentation only. Suggested Motion: Not Applicable. Presentation Only. Attachments No file(s) attached. Marana Regular Town Council Meeting January 17, 2023 Page 10 of 311      Council-Regular Meeting   C1        Meeting Date:01/17/2023   To:Mayor and Council From:Jane Fairall, Town Attorney Date:January 17, 2023 Strategic Plan Focus Area: Proactive Public Services Strategic Plan Focus Area Additional Info: Foster an open atmosphere that embraces change, creativity, innovation and calculated risk, and maintains the Town’s high quality customer service. GOAL: PRIORITIZE INFRASTRUCTURE AND MAINTENANCE THAT SUPPORT NEW GROWTH AND DEVELOPMENT IN A PROACTIVE AND SUSTAINABLE MANNER Subject:Resolution No. 2023-001: Relating to Public Works; approving and authorizing the Mayor to execute an Intergovernmental Agreement between Pima County and the Town of Marana for the Joint Administration of Public Works Projects (Jane Fairall) Discussion: The Town of Marana and Pima County share borders at many locations and own and maintain various streets and rights-of-way adjacent to those borders. From time to time, when one jurisdiction is performing a public works project at a location adjacent to the other jurisdiction's right-of-way or street, it may make sense and lead to cost savings for the parties to work together to jointly administer the project. For example, if one entity is reconstructing a road that winds in and out of both jurisdictions, pursuant to this IGA, the entity doing the work (the "Provider Agency") will reconstruct the entire road and the other entity (the "Sponsoring Agency") will pay for its portion of the work. This will avoid duplication of effort, reduce mobilization costs, and lead to less traffic disruption for citizens.  The purpose of this proposed IGA is to set forth the responsibilities of the parties for Marana Regular Town Council Meeting January 17, 2023 Page 11 of 311 projects that extend across jurisdictional boundaries and will be jointly administered. Either Pima County's Transportation Director or the Town's Public Works Director may request that the parties enter into a Project Agreement for a project. The Project Agreement will set forth: The term of the Project Agreement A description of the Project Services that Provider Agency will provide to Sponsoring Agency  An estimate of the cost of the Project Services for the Project that is the subject of the Project Agreement If applicable, billing rates and the method for calculating payment A schedule for paying invoices The proposed IGA has a term of five years. Each party's reimbursement to the other will not exceed a total of $1,000,000 under all Project Agreements during the term of the IGA. Staff Recommendation: Staff recommends approval of the IGA. Suggested Motion: I move to adopt Resolution No. 2023-001, approving and authorizing the Mayor to execute an Intergovernmental Agreement between Pima County and the Town of Marana for the Joint Administration of Public Works Projects. Attachments Resolution No. 2023-001 Exhibit A to Resolution Marana Regular Town Council Meeting January 17, 2023 Page 12 of 311 Resolution No. 2023-001 MARANA RESOLUTION NO. 2023-001 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR THE JOINT ADMINISTRATION OF PUBLIC WORKS PROJECTS WHEREAS Pima County and the Town of Marana may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952, et seq.; and WHEREAS Pima County and the Town of Marana have statutory authority to enter into cooperative agreements for highway maintenance purposes pursuant to A.R.S. § 28-6707; and WHEREAS Pima County and Town of Marana have highway maintenance responsibilities within their respective jurisdictions and desire to enter into an intergovernmental agreement for the purpose of joint administration of public works projects; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interest of the residents of the Town of Marana to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION l. The Town Council hereby approves the Intergovernmental Agreement between Pima County and Town of Marana for the Joint Administration of Public Works Projects, attached to and incorporated by this reference in this Resolution as Exhibit A, and the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of Marana. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. Marana Regular Town Council Meeting January 17, 2023 Page 13 of 311 Resolution No. 2023-001 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of January, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting January 17, 2023 Page 14 of 311 Page 1 of 9 This Intergovernmental Agreement (“IGA”) is entered into by and between Pima County, a body politic and corporate of the State of Arizona, and Town of Marana, an Arizona municipal corporation, pursuant to Arizona Revised Statutes A.R.S. § 11-952. 1.Background. 1.1 Pima County and Town of Marana may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952, et seq. 1.2 Pima County and Town of Marana have statutory authority to enter into cooperative agreements for highway maintenance purposes pursuant to A.R.S. § 28-6707. 1.3 Pima County and Town of Marana have highway maintenance responsibilities within their respective jurisdictions. 2.Definitions. a.Director: As to Pima County, the Director of the County’s Department of Transportation. As to the Town of Marana, the Director of the Town’s Public Works Department. b.Project: Any transportation project involving design, construction, maintenance, or operations. c.Project Agreement: A specific agreement between Sponsoring Agency and Provider Agency for the provision of Project Services for a particular Project, in substantially the form depicted in Exhibit A. d.Project Services: Design, project management, utility coordination, materials testing, construction surveillances, quality assurance support services, and contract administration of Projects. e.Provider Agency: The agency that performs the Project Services being requested. f.Sponsoring Agency: The agency that owns and finances the Project and is requesting the Project Services. 2.Purpose. Pima County and Town of Marana want to enter into Project Agreements to set forth the responsibilities of the parties for Projects that extend across jurisdictional boundaries and will be jointly administered. Intergovernmental Agreement between Pima County and Town of Marana for the Joint Administration of Public Works Projects Exhibit A to Marana Resolution No. 2023-001 Marana Regular Town Council Meeting January 17, 2023 Page 15 of 311 Page 2 of 9 4.Project Agreements. a.Pima County delegates to its Director, or Director’s designee, and Town of Marana delegates to its Director, or Director’s designee, the authority to negotiate, execute, modify, and terminate any Project Agreement in accordance with the terms and conditions of this IGA. b.Either party’s Director, or Director’s designee, may request that the parties enter into a Project Agreement. Upon a request, the Director, or Director’s designee, will review the request and, if mutually desirable, meet to discuss it. d. Any proposed Project Agreement will be in writing, in substantially the form attached as Exhibit A, and will include, at a minimum: i.The term of the Project Agreement. ii.A description of the Project Services that Provider Agency will provide to Sponsoring Agency under the Project Agreement. iii.The specific responsibilities of Sponsoring Agency and Provider Agency with respect to the Project. iv. An estimate of the cost of the Project Services for the Project that is the subject of the Project Agreement. The estimate is for budgetary scheduling and is not a contractual guarantee, a cost ceiling, or an “upset limit.” iv.If the Project Services will be compensated on a cost-reimbursable basis, the Project Services Agreement will include billing rates and the method for calculating payment, if applicable, to the other party. The billing rates may be reviewed periodically during the term of the Project Agreement, and the parties, through their Directors, or Directors’ designees, may agree in writing to revise the rates to reflect actual costs. vi.Identification of a designated representative of Sponsoring Agency to receive invoices from Provider Agency and to approve the invoices for payment. vii.A schedule for paying invoices, if applicable, which will provide that payment is due no later than 30 days after receipt of an invoice. e.Each Project Agreement will be signed by the Director or Director’s designee of each party. f. Any amendment to a Project Agreement must be in writing and signed by the Director or Director’s designee of each party. g.Either party may terminate a Project Agreement at any time by providing the other party with 30 days’ written notice of such termination. After a Project Agreement is terminated, the parties’ obligations will be limited to payment for services rendered before termination, including any non- cancelable obligations incurred by prior to termination. 5.Execution of Projects Subject to Project Agreements. After a Project Agreement is executed, Provider Agency will perform the Project Services specified in the Project Agreement for Sponsoring Agency. Personnel from both parties will work together on the Project for coordination purposes. Coordination will include regular meetings and interaction between corresponding personnel at all levels for each assignment. Exhibit A to Marana Resolution No. 2023-001 Marana Regular Town Council Meeting January 17, 2023 Page 16 of 311 Page 3 of 9 6. Responsibilities of the Parties. Provider Agency will be responsible for: a. Identifying and developing recommendations with respect to the Project Services and sharing those recommendations with Sponsoring Agency. b. Establishing fixed price or cost reimbursable budget estimates for Project Services. c. Providing sufficient qualified personnel to perform or supervise the Project Services with the necessary care, skill, and diligence, and in accordance with the plans, specifications, statutes, rules and regulations of Sponsoring Agency. d. Preparing invoices (in the form approved by Sponsoring Agency) for submission to Provider Agency. Provider Agency will approve, sign, and forward invoicing documents to Sponsoring Agency’s designated representative for approval and payment. Sponsoring Agency will be responsible for: a. Decision making authority over the Project. b. Procurement review, contract processing, and payment procedures for each Project. c. Approving and processing all change orders, progress payments, and final acceptance of the Project Services completed. d. Upon review and approval of invoices, paying Provider Agency in a timely manner. e. Evaluating, at its discretion, the Project Services or auditing any books or records of Provider Agency relative to the Project Services being provided and to verify that the Project Services are completed in accordance with the Project Agreement. 7. Change Orders/Amendments. a. Change Orders/Amendments to any Project Agreement will be approved in writing by the Sponsoring Agency prior to implementation unless the changes are deemed to be of an emergency nature, or due to unforeseen conditions or other circumstances, or could cause extra cost to Sponsoring Agency if not done immediately. If such conditions exist, Provider Agency may execute the necessary changes with verbal approval of Sponsoring Agency’s designated representative and provide a written notification of the changes to Sponsoring Agency within three working days of the discovery. b. All amendments to this IGA will be in writing signed by each party prior to the implementation of the amended terms. 8. Financing. a. Pima County’s reimbursement to Town of Marana will not exceed a total of $1,000,000 (“Pima County’s NTE Amount”) under all Project Agreements during the term of this Agreement. Pima County’s NTE Amount may be adjusted by mutual agreement of the parties during the Initial Term of this Agreement or for any term extensions as indicated in Section 10. Exhibit A to Marana Resolution No. 2023-001 Marana Regular Town Council Meeting January 17, 2023 Page 17 of 311 Page 4 of 9 b. Town of Marana’s reimbursement to Pima County will not exceed a total of $1,000,000 (“Town of Marana’s NTE Amount”) under all Project Agreements during the term of this Agreement. Town of Marana’s NTE Amount may be adjusted by mutual agreement of the parties during the Initial Term of this Agreement or for term extensions as indicated in Section 10. c. Each party will establish a job cost account to identify and track all costs of Project Services associated with each Project Agreement. d. In the case of dispute on reimbursement of invoices/billings for Project Services rendered, the dispute will be escalated to the Director, or Director’s designee, of each party for resolution on request of either party’s designated representative. If the Directors, or Directors’ designees, for either party disagree on any element of the invoices/billings or fail to take action within 10 days of the request, the element in dispute will be submitted to the Pima County Administrator and the Marana Town Manager. If the dispute is submitted to the County Administrator and the Town Manager and they are unable to resolve the dispute or fail to take action within 10 days of a request, the parties may pursue any remedies provided by law. 9. Other Uses for this IGA. This IGA may also be used for other professional services that fall within the intended scope and purpose of this IGA as mutually agreed upon by both parties and by the express approval of the Director, or Director’s designee, of each party. 10. Term and Termination. a. Term. The Initial Term of this IGA will begin on the date it is fully executed by both parties and will continue for a period of five years, unless it is, prior to expiration of such period, extended or terminated by agreement of the parties. Upon completion of the Initial Term, this IGA may be extended for an additional five-year term by written amendment approved and signed by the parties. b. Termination. This IGA may be terminated under the following circumstances: i. For Convenience. At any time either party to this IGA may terminate this IGA by providing to the other party written notice of such termination at least 60 calendar days prior to the termination date. Such termination will not relieve either party from those liabilities or costs incurred or obligated prior to the termination date. ii. For Cause. A party may terminate this IGA for material breach of the IGA by the other party. Prior to any termination under this paragraph, the party allegedly in default will be given written notice by the other party of the nature of the alleged default. The party said to be in default will have 45 calendar days to cure the default. If the default is not cured within that time, the other party may terminate this IGA. Any such termination will not relieve either party from liabilities or costs already incurred or obligated under this IGA. iii. For Failure to Appropriate Sufficient Funds. Any Project Agreement entered into pursuant to this IGA will automatically terminate or be delayed if, for any reason, either party fails to appropriate sufficient funds to fund the project or activity that is the subject of the Project Agreement. The project can restart if funds become available and both parties agree to restarting the project. iv. For Conflict of Interest. This IGA may be terminated for a conflict of interest as set forth in A.R.S. § 38-511, the relevant portions of which are hereby incorporated by reference. Exhibit A to Marana Resolution No. 2023-001 Marana Regular Town Council Meeting January 17, 2023 Page 18 of 311 Page 5 of 9 11. Limitation of Liability. To the fullest extent permitted by law, each party (as "indemnitor") will defend, indemnify and hold harmless the other party (as "indemnitee"), its officers, officials, employees, agents, volunteers, successors, and assigns (the "indemnified group") from and against any and all claims, damages, losses, liabilities and expenses of any nature whatsoever (including but not limited to reasonable attorneys' fees, court costs, the costs of appellate proceedings, and all claim adjusting and handling expense) relating to, arising out of, resulting from or alleged to have resulted from the indemnitor's omissions, negligence, or willful misconduct relating to any action or inaction of this IGA (collectively, "claims") including but not limited to work, services, acts, errors, mistakes, or omissions in the performance of this IGA by anyone directly employed by the indemnitor. If any claim, action or proceeding is brought against the indemnified group, indemnitor must, at its sole cost and expense, resist or defend such claim or action on behalf of the indemnified group, but only to the extent that such claims result in vicarious/derivative liability to the indemnitee and are caused by the omission, negligence, or willful misconduct of the indemnitor, its officers, officials, agents, employees or volunteers; provided, however, that the indemnitor shall have no obligation to indemnify the indemnified group for the indemnified group's negligence (passive or otherwise) or willful misconduct. The indemnity provisions of this IGA survive the termination of this IGA. 12. Insurance. Each party will be responsible to carry adequate insurance to cover their respective liability arising as a result of their performance under this IGA. When requested, a party will provide the other party with proof of its worker's compensation, automobile, accident, property damage, and liability coverage or program of self-insurance. 13. Inspection and Audit. Either party may perform an inspection of any Project, or an audit of the Project books and records at any time in order to verify that monies spent on the Project were done so in accordance with this IGA. If a Project Agreement is funded by a third party, that third party is also entitled to perform such inspection or audit as necessary, including by the Comptroller General of the United States for any federally funded services. 14. Construction of IGA. a. Entire Agreement. This instrument, and any exhibits attached to it, constitutes the entire agreement between the parties pertaining to the subject matter addressed, and all prior or contemporaneous agreements and understandings, oral or written, are superseded and merged into this IGA. b. Amendment. This IGA may not be modified, amended, altered or extended except through written amendment signed by the parties. c. Construction and Interpretation. All provisions of this IGA will be construed to be consistent with the intention of the parties as expressed in this IGA. d. Captions and Headings. The headings used in this IGA are for convenience only and are not intended to affect the meaning of any provision of this IGA. e. Severability. If any provision of this IGA, or the application of a provision to the parties or any person or circumstance, is found by a court to be invalid, that invalidity will not affect other provisions or applications of this IGA that can be given effect without the invalid provision or application. If any provision of this IGA is declared invalid, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. Exhibit A to Marana Resolution No. 2023-001 Marana Regular Town Council Meeting January 17, 2023 Page 19 of 311 Page 6 of 9 15. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA will be construed to, create any partnership or joint venture between the parties. Neither party will be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 16. No Third-Party Beneficiaries. Nothing in this IGA is intended to create duties or obligations to or rights in third parties not party to this IGA or affect the legal liability of either party to the IGA by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. 17. Compliance with Laws. The parties will comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this IGA. The laws and regulations of the State of Arizona will govern the rights of the parties, the performance of this IGA and any disputes. Any action relating to this IGA will be brought in a court in Pima County, Arizona. a. Non-Discrimination. The parties will comply with all provisions and requirements of Arizona Executive Order 2009-09, which is hereby incorporated into this IGA, including flow-down of all provisions and requirements to any subcontractors. During the term of this IGA, the parties will not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin. b. Americans with Disabilities Act. The parties will comply with 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. c. Legal Arizona Workers Act Compliance. Each party warrants to the other that it will, at all times during the term of this IGA, comply with all federal immigration laws applicable to the warranting party’s employment of its employees, and with the requirements of A.R.S. § 23-214(A) (together, the “State and Federal Immigration Laws”). Each party further agrees to ensure that each contractor who performs work associated with any Project subject to this IGA (i) complies with the State and Federal Immigration Laws, and (ii) ensures that any subcontractor who performs work for the contractor complies with the State and Federal Immigration Laws. Each party will further require that each contractor who performs work on a Project subject to this IGA advises each subcontractor of the party’s rights, and the subcontractor’s obligations, with respect to this subsection, by including a provision in each subcontract substantially in the following form: “Subcontractor hereby warrants that it will at all times during the term of this contract comply with all federal immigration laws applicable to subcontractor’s employees, and with the requirements of A.R.S. § 23-214(A). Subcontractor further agrees that [Pima County or Town of Marana] may inspect the Subcontractor’s books and records to ensure that Subcontractor is in compliance with these requirements. Any breach of this paragraph by Subcontractor will be deemed to be a material breach of this contract subjecting Subcontractor to penalties up to and including suspension or termination of this contract.” Any breach of the warranty of compliance with the State and Federal Immigration Laws by either party, by that party’s contractor on a Project subject to this IGA, or by a subcontractor of that party’s contractor on a Project subject to this IGA will be deemed to be a material breach of this IGA subjecting the breaching party to penalties up to and including suspension or termination of this IGA. A party in breach of the warranty of compliance with State and Federal Immigration Exhibit A to Marana Resolution No. 2023-001 Marana Regular Town Council Meeting January 17, 2023 Page 20 of 311 Page 7 of 9 Laws will further be liable to the other party for any additional costs attributable directly or indirectly to remedial action under this subsection. Either party may, at any time, inspect the books and records of the other party in order to verify the other party’s compliance with the State and Federal Immigration Laws. 18. Waiver. Waiver by any party of any breach of any term, covenant or condition herein contained will not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 19. Force Majeure. Neither party is responsible for a failure to perform any obligation under this IGA if such failure to perform is directly caused by a Force Majeure Event. A “Force Majeure Event” will mean an event or circumstance that is beyond the reasonable control and without the fault or negligence of the party impacted, and that could not have been prevented by the reasonable diligence of that party. Without in any way limiting the foregoing, Force Majeure Events may include, but are not restricted to (a) acts of God or of a public enemy, (b) acts of the Government in either its sovereign or contractual capacity, (c) fires, (d) floods, (e) epidemics or pandemics, (f) quarantine restrictions, (g) strikes, (h) freight embargoes; (i) failure or disruption of utilities or critical electronic systems, (j) mass health issues or disease, and (k) unusually severe weather. If a party is impacted by a Force Majeure Event, that party will give prompt notice to the other party and take commercially practical actions to mitigate the impacts of the Force Majeure Event. 20. Notice. Any notice required or permitted to be given under this IGA must be in writing, unless other forms are designated elsewhere, and must be delivered in person or sent by certified mail addressed as follows: Town of Marana: Fausto Burruel, Director Department of Public Works 11555 W. Civic Center Drive Marana AZ 85653 fburruel@maranaaz.gov Pima County: Kathryn Skinner, Interim Director County Dept. of Transportation 201 N Stone Ave, Fourth Floor Tucson, AZ 85712 Kathryn.Skinner@pima.gov Either party may, by written notice to the other (email acceptable), designate a different person or address for the receipt of notices under this IGA. Any written notice under this IGA will be deemed delivered and received on the date of delivery, if delivered by hand, or three business days after the date of mailing, if sent by mail. 21. Remedies. Either party may pursue any remedies provided by law for the breach of this IGA. No right or remedy is intended to be exclusive of any other right or remedy and each will be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this IGA. The Parties acknowledge that disputes arising from this Agreement may be subject to arbitration in accordance with applicable law and court rules. 22. Legal Authority. Neither party warrants to the other its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that either party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, will be null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. Exhibit A to Marana Resolution No. 2023-001 Marana Regular Town Council Meeting January 17, 2023 Page 21 of 311 Page 8 of 9 23. Effective Date. This IGA will become effective when all parties have signed it. The effective date of the IGA will be the date this IGA is signed by the last party (as indicated by the date associated with that party’s signature). 24. Counterparts. This agreement 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 counterpart may be removed from such counterpart and attached to a single instrument. PIMA COUNTY: Town of Marana: Chair, Board of Supervisors Mayor Date Date ATTEST: Clerk of the Board Town Clerk Date Date Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County and Town of Marana has been reviewed by the undersigned, each of whom has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the party he or she represents. PIMA COUNTY: Town of Marana: Deputy County Attorney Deputy County Attorney Print Name Print Name Christopher Gerber Exhibit A to Marana Resolution No. 2023-001 Marana Regular Town Council Meeting January 17, 2023 Page 22 of 311 Page 9 of 9 Date Date Approval The foregoing Intergovernmental Agreement between Pima County and Town of Marana has been reviewed by the undersigned and is hereby approved as to content. ___________________________ __________________________ Kathryn Skinner, Director Fausto Burruel, Public Works Director 12/05/2022 Exhibit A to Marana Resolution No. 2023-001 Marana Regular Town Council Meeting January 17, 2023 Page 23 of 311 {157301 / 01031629 / v 1} 1 Exhibit A – Sample Project Agreement Project Agreement between Pima County and Town of Marana for the _____________Project This Project Agreement is entered into by and between Pima County, a body politic and corporate of the State of Arizona, and Town of Marana, an Arizona municipal corporation, pursuant to A.R.S. § 28- 6707 and the Intergovernmental Agreement between Pima County and Town of Marana for the Joint Administration of Public Works Projects dated _________________ (“IGA”). 1. Background. 1.1 On _________________________, Pima County and Town of Marana entered into the IGA that enables this Project Agreement. 1.2 [Pima County or Town of Marana] plans to: [title and description of Project] (the “Project”). 1.3 The parties estimate that the cost of Project to be provided under this Project Agreement is $___________. [Remove if not applicable] 2. Purpose. 2.1 [Pima or Town of Marana], as Provider Agency, wants to provide the Project Services set forth in this Project Agreement and as provided in the IGA. 2.2 [Pima County or Town of Marana], as Sponsoring Agency, wants to provide the Project Services set forth in this Project Agreement and as provided in the IGA. 3. Incorporation by Reference. This Project Agreement incorporates all definitions, terms, and conditions of the IGA. 4. Effective Date; Term. The initial term of this Project Agreement will begin on the date it is fully executed by both parties and will continue for a period of ___ year(s), unless it is, prior to expiration of such period, extended or terminated by agreement of the parties. 5. Termination. Either party’s Director, or Director’s designee, may terminate this Project Agreement by 30 days’ advance written notice to the other party’s Director, or Director’s designee. 6. Project Services. Provider Agency will provide Sponsoring Agency with the following Project Services for the Project: [List services] 7. Responsibilities of the Parties. 7.1 Provider Agency. In addition to the responsibilities set forth in the Agreement, Provider Agency will have the following responsibilities: [List additional responsibilities or anything else that is applicable] Exhibit A to Marana Resolution No. 2023-001 Marana Regular Town Council Meeting January 17, 2023 Page 24 of 311 {157301 / 01031629 / v 1} 2 7.2 Sponsoring Agency. In addition to the responsibilities set forth in the Agreement, Sponsoring Agency will have the following responsibilities: [List additional responsibilities or anything else that is applicable] 8. Rates. The parties agree to the following rates for Project Services: [List rates] 9. Billing and Payment. Provider Agency shall invoice Sponsoring Agency for Project Services rendered at the rates agreed to be reasonable and applicable and defined within Section 8 of this Project Agreement. Sponsoring Agency’s Designated Representative shall review each invoice to approve the invoices for payment. Invoices reviewed and approved for payment shall be paid within 30 days of submission to the Sponsoring Agency. [Remove if not applicable] 10. Designated Representatives. The parties designate the following individuals to serve as their Designated Representatives for purposes of initial communication regarding the Project: Provider Agency: [Insert name, title, address, telephone] Sponsoring Agency: [Insert name, title, address, telephone] 11. Notices. Any notice required or permitted to be given under this Project Agreement must be in writing, unless other forms are designated elsewhere, and must be delivered in person or sent by certified mail addressed as follows: Pima County: Kathryn Skinner, Director Pima County Department of Transportation 201 N. Stone, 4th Floor Tucson, Arizona 85701 (520) 724-6410 Town of Marana: Fausto Burruel, Public Works Director 11555 W. Civic Center Drive Marana, AZ 85653 Either party may, by written notice to the other (email acceptable), designate a different person or address for the receipt of notices under this Project Agreement. Any written notice under this Agreement shall be deemed delivered and received on the date of delivery, if delivered by hand, or three business days after the date of mailing, if sent by mail. 12. Conflict of Interest. This Project Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent provisions of which are incorporated herein by reference. Exhibit A to Marana Resolution No. 2023-001 Marana Regular Town Council Meeting January 17, 2023 Page 25 of 311 {157301 / 01031629 / v 1} 3 13. Compliance with Laws. The parties will comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this IGA. The laws and regulations of the State of Arizona will govern the rights of the parties, the performance of this IGA and any disputes. Any action relating to this IGA will be brought in a court in Pima County, Arizona. 13.1 Non-Discrimination. The parties will comply with all provisions and requirements of Arizona Executive Order 2009-09, which is hereby incorporated into this IGA, including flow-down of all provisions and requirements to any subcontractors. During the term of this IGA, the parties will not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin. 13.2 Americans with Disabilities Act. The parties will comply with 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. 13.3 Legal Arizona Workers Act Compliance. Each party warrants to the other that it will, at all times during the term of this IGA, comply with all federal immigration laws applicable to the warranting party’s employment of its employees, and with the requirements of A.R.S. § 23-214(A) (together, the “State and Federal Immigration Laws”). Each party further agrees to ensure that each contractor who performs work associated with any Project subject to this IGA (i) complies with the State and Federal Immigration Laws, and (ii) ensures that any subcontractor who performs work for the contractor complies with the State and Federal Immigration Laws. Each party will further require that each contractor who performs work on a Project subject to this IGA advises each subcontractor of the party’s rights, and the subcontractor’s obligations, with respect to this subsection, by including a provision in each subcontract substantially in the following form: “Subcontractor hereby warrants that it will at all times during the term of this contract comply with all federal immigration laws applicable to subcontractor’s employees, and with the requirements of A.R.S. § 23-214(A). Subcontractor further agrees that [Pima County or Town of Marana] may inspect the Subcontractor’s books and records to ensure that Subcontractor is in compliance with these requirements. Any breach of this paragraph by Subcontractor will be deemed to be a material breach of this contract subjecting Subcontractor to penalties up to and including suspension or termination of this contract.” Any breach of the warranty of compliance with the State and Federal Immigration Laws by either party, by that party’s contractor on a Project subject to this IGA, or by a subcontractor of that party’s contractor on a Project subject to this IGA will be deemed to be a material breach of this IGA subjecting the breaching party to penalties up to and including suspension or termination of this IGA. A party in breach of the warranty of compliance with State and Federal Immigration Laws will further be liable to the other party for any additional costs attributable directly or indirectly to remedial action under this subsection. Either party may, at any time, inspect the books and records of the other party in order to verify the other party’s compliance with the State and Federal Immigration Laws. Exhibit A to Marana Resolution No. 2023-001 Marana Regular Town Council Meeting January 17, 2023 Page 26 of 311 {157301 / 01031629 / v 1} 4 14.Non-Appropriation. Not withstanding any other provision in this Project Agreement, this Project Agreement may be terminated if for any reason either party does not appropriate sufficient monies for the purpose of maintaining this Project Agreement. In the event of such cancellation, the parties will have no further obligations under this Project Agreement other than for payment for services rendered prior to cancellation. 15. No Joint Venture. It is not intended by this Project Agreement to, and nothing contained in this Project Agreement will be construed to, create any partnership or joint venture between the parties. Neither party will be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 16.No Third-Party Beneficiaries. Nothing in this Project Agreement is intended to create duties or obligations to or rights in third parties not party to this Project Agreement or affect the legal liability of either party to the Project Agreement by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. 17.Legal Authority. Neither party warrants to the other its legal authority to enter into this Project Agreement. If a court, at the request of a third person, should declare that either party lacks authority to enter into this Project Agreement, or any part of it, then the Project Agreement, or parts of it affected by such order, will be null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. 18.Entire Agreement. This Project Agreement and the IGA, incorporated by reference herein, constitute the entire agreement between the parties pertaining to the subject matter addressed, and all prior or contemporaneous agreements and understandings, oral or written, are superseded and merged into this Project Agreement. 19.Amendment. This Project Agreement may only be modified, amended, altered or changed by written agreement signed by the parties. PIMA COUNTY: Kathryn Skinner, Director Date Pima County Department of Transportation Town of Marana: __________________________________ _________________ Fausto Burruel, Director Date Public Works Department Exhibit A to Marana Resolution No. 2023-001 Marana Regular Town Council Meeting January 17, 2023 Page 27 of 311      Council-Regular Meeting   C2        Meeting Date:01/17/2023   To:Mayor and Council From:David L. Udall, Town Clerk/Assistant Town Attorney Date:January 17, 2023 Strategic Plan Focus Area: Proactive Public Services Subject:Resolution No. 2023-002: Relating to Building Safety; approving and authorizing the Mayor to sign an intergovernmental agreement between the Town of Marana and Northwest Fire District for access to the Town's virtual private network (VPN), Laserfiche system, and TRAKiT system (David L. Udall) Discussion: Northwest Fire District provides fire code official services to properties within the Town of Marana.  The Town uses a document management system, known as Laserfiche, for archiving, searching for, and retrieving digital records. The Town also uses a land management system, known as TRAKiT, for tracking projects, permits, violations, contacts, and financial information.  Pursuant to paragraph 5.6.2 of the Town’s Network Access & Security Administrative Directive (the Administrative Directive), the Town's systems can be accessed remotely through the Town's virtual private network (VPN), but only by Town-issued equipment. On September 6, 2016, the Town Council approved a five-year intergovernmental agreement (IGA) with Northwest Fire District (NWFD) allowing NWFD access to its Laserfiche and TRAKiT systems to assist with plan reviews for tenant improvements and annual inspections and to give NWFD the ability to enter information regarding reviews and fees into the TRAKiT system. That agreement has since expired. If approved, the proposed IGA would allow NWFD personnel and equipment to access the Town's VPN notwithstanding paragraph 5.6.2 of the Administrative Directive, provided that NWFD personnel abide by the other requirements outlined in the Marana Regular Town Council Meeting January 17, 2023 Page 28 of 311 provided that NWFD personnel abide by the other requirements outlined in the Administrative Directive. It would also renew the terms of the 2016 IGA allowing NWFD access to the Town's Laserfiche and TRAKiT systems. Staff Recommendation: Staff recommends approval of Resolution No. 2023-002. Suggested Motion: I move to adopt Resolution No. 2023-002, approving and authorizing the Mayor to sign an intergovernmental agreement between the Town of Marana and Northwest Fire District for access to the Town's virtual private network (VPN), Laserfiche system, and TRAKiT system. Attachments Resolution No. 2023-002 Exhibit A to Resolution Marana Regular Town Council Meeting January 17, 2023 Page 29 of 311 1 Resolution No. 2023-002 MARANA RESOLUTION NO. 2023-002 RELATING TO BUILDING SAFETY; APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND NORTHWEST FIRE DISTRICT FOR ACCESS TO THE TOWN ’S VIRTUAL PRIVATE NETWORK (VPN), LASERFICHE SYSTEM, AND TRAKIT SYSTEM WHEREAS Northwest Fire District is an internationally accredited Arizona fire district, organized and existing pursuant to Title 48, Chapter 5, Arizona Revised Statutes, providing, among other things, fire protection and prevention services within its territorial boundaries; and WHEREAS the Town of Marana is an Arizona municipal corporation, organized and existing pursuant to Title 9, Chapter 2, Arizona Revised Statutes, and which does not have a fire department; and WHEREAS the District and the Town have each adopted the same internationally recognized fire code and the District provides Fire Code Official services to properties within the territorial boundaries of the Town; and WHEREAS the Town has established a virtual private network (VPN); and WHEREAS the Town uses a software application known as Laserfiche, which is a document management system used for archiving, searching for, and retrieving digital records; and WHEREAS the Town also uses a software application known as TRAKiT, which is a land management system used for tracking projects, permits, violations, contacts, and financial information; and WHEREAS the District desires access to the Town’s VPN, Laserfiche system, and TRAKiT system; and WHEREAS the Mayor and Council find that entering into an intergovernmental agreement with the District allowing the District access to the Town’s VPN, Laserfiche system, and TRAKiT system is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Intergovernmental Agreement Between the Town of Marana and Northwest Fire District for Access to the Town’s Virtual Private Network, Laserfiche System, and TRAKiT System, substantially in the same form attached to and incorporated by this reference in this resolution as Exhibit A, is hereby Marana Regular Town Council Meeting January 17, 2023 Page 30 of 311 2 Resolution No. 2023-002 approved, the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of Marana, and 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 term s, obligations, and objectives of the agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of January, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting January 17, 2023 Page 31 of 311 Exhibit A to Marana Resolution No. 2023-002 00085545.DOCX /1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND NORTHWEST FIRE DISTRICT FOR ACCESS TO THE TOWN’S VIRTUAL PRIVATE NETWORK, LASERFICHE SYSTEM, AND TRAKiT SYSTEM This INTERGOVERNMENTAL AGREEMENT (this “Agreement”) is entered into by and between the TOWN OF MARANA (the “Town”), an Arizona municipal corporation, and the NORTHWEST FIRE DISTRICT (the “District”), an Arizona fire district. The Town and the District are sometimes collectively referred to as the “Parties,” each of which is sometimes individually referred to as a “Party.” RECITALS A. The District is an internationally accredited Arizona fire district, organized and existing pursuant to Title 48, Chapter 5, Arizona Revised Statutes, providing, among other things, fire protection and prevention services within its territorial boundaries; and B. The Town is an Arizona municipal corporation, organized and existing pursuant to Title 9, Chapter 2, Arizona Revised Statutes, which does not have a fire department; and C. The District and the Town have each adopted the same internationally recognized fire code (“Fire Code”); and D. The District provides Fire Code Official services to properties within the territorial boundaries of the Town; and E. The Town has established a virtual private network (“VPN”), which is a secure online network that can only be accessed and used by Town-issued equipment pursuant to paragraph 5.6.2 of the Town’s Network Access & Security Administrative Directive, effective August 14, 2019 and amended from time to time, (the “Administrative Directive”); and F. The Town uses a software application known as Laserfiche, which is a document management system used for archiving, searching for, and retrieving digital records; and G. The Town also uses a software application known as TRAKiT, which is a land management system used for tracking projects, permits, violations, contacts, and financial information; and H. The District desires access to the Town’s Laserfiche system to access building plans to assist with plan reviews for tenant improvements and annual inspections, access to the Marana Regular Town Council Meeting January 17, 2023 Page 32 of 311 Exhibit A to Marana Resolution No. 2023-002 00085545.DOCX /1 Town’s TRAKiT system to enter information regarding reviews and fees system, and access to the Town’s VPN in order to securely access Laserfiche and TRAKiT; and I. The District and the Town may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11-951, et seq. AGREEMENT 1. Purpose: The purposes of this Agreement are to allow authorized District personnel and equipment to access the Town’s VPN, the Town’s Laserfiche system, and the Town’s TRAKiT system. 2. Responsibilities of the Town: The Town shall allow authorized District personnel and equipment to have access to the Town’s VPN, Laserfiche system, and TRAKiT system at no cost to District, as set forth herein. a. Notwithstanding paragraph 5.6.2 of the Administrative Directive, the Town will authorize appropriate District personnel and equipment to have access the Town’s VPN for the sole purpose of accessing the Town’s Laserfiche system and the Town’s TRAKiT system. b. The Town will authorize appropriate District personnel to have view-only access to the Town’s Laserfiche system for the sole purpose of accessing building and site plans to assist with plan reviews for tenant improvements and annual inspections. c. The Town will authorize appropriate District personnel to have access to the Town’s TRAKiT system for the sole purpose of entering information regarding the District’s reviews and fees into the system. 3. Responsibilities of the District: The District shall ensure that only authorized District personnel and equipment, as approved by the Town, are allowed access to the Town’s Laserfiche and TRAKiT systems, as set forth herein. a. Authorized District personnel and equipment shall have access to the Town’s VPN for the sole purpose of accessing the Town’s Laserfiche system and the Town’s TRAKiT system, provided that all authorized District personnel shall be familiar with and abide by the Town’s Administrative Directive. b. Authorized District personnel shall have view-only access to the Town’s Laserfiche system for the sole purpose of assisting the District with plan reviews for tenant improvements and annual inspections. c. Authorized District personnel shall have access to the Town’s TRAKiT system for the sole purpose of entering information regarding the District’s reviews and fees into the TRAKiT system. 4. Insurance. The Parties agree that they shall maintain for the duration of this Agreement policies of public liability insurance sufficient to cover all of their obligations undertaken in the implementation of this Agreement. Marana Regular Town Council Meeting January 17, 2023 Page 33 of 311 Exhibit A to Marana Resolution No. 2023-002 00085545.DOCX /1 5. Mutual Indemnification. To the fullest extent permitted by law, each Party (as “indemnitor”) shall defend, indemnify and hold harmless the other Party (as “indemnitee”), its officers, officials, employees, agents, volunteers, successors, and assigns (the “indemnified group”) for claims, damages, losses, liabilities and expenses of any nature whatsoever (including but not limited to reasonable attorneys’ fees, court costs, the costs of appellate proceedings, and all claim adjusting and handling expense) relating to, arising out of, resulting from or alleged to have resulted from the indemnitor’s acts, errors, mistakes or omissions relating to any action or inaction of this Agreement (collectively, “claims”) including but not limited to work, services, acts, errors, mistakes, or omissions in the performance of this Agreement by anyone directly or indirectly employed by or contracting with the indemnitor, or any person for whose acts and liabilities are the obligation of the indemnitor. If any claim, action or proceeding is brought against the indemnified group, indemnitor shall have a duty, at its sole cost and expense, to resist or defend such claim or action on behalf of the indemnified group but only to the extent that such claims result in vicarious/deri vative liability to the indemnitee and are caused by the act, omission, negligence, misconduct or other fault of the indemnitor, its officers, officials, agents, employees or volunteers; provided, however, that the indemnitor shall have no obligation to indemnify the indemnified group for the indemnified group's passive negligence. The indemnity provisions of this Agreement shall survive the termination of this Agreement. 6. Term of the Agreement. This Agreement shall be effective as of the signature date of the last Party to sign this Agreement. This Agreement shall remain in effect for 60 months and may be renewed upon mutual written agreement of the Parties. This Agreement may be terminated by either Party upon 30 days’ written notice. 7. Notice. Any and all notices, requests and/or demands made upon a Party pursuant to or in conjunction with this Agreement shall be delivered in person and deemed delivered upon receipt or by U.S. Mail and deemed given five business days following depositing in the mail, first class postage prepaid to: The Town: The Town of Marana Attn: Town Manager 11555 W. Civic Center Drive Marana, AZ 85653-7006 The District: Northwest Fire District Attn: Fire Chief 13535 N. Marana Main St. Marana, AZ 85653 Marana Regular Town Council Meeting January 17, 2023 Page 34 of 311 Exhibit A to Marana Resolution No. 2023-002 00085545.DOCX /1 8. Financing. The Parties represent that each has sufficient funds in its budget to carry out its obligations under this Agreement. Should either Party fail to obtain continued funding during the term of this Agreement or fail to appropriate or approve funds, this Agreement shall be deemed terminated as of the last day such funds are available. 9. Jurisdiction. Except as otherwise specifically set forth in this Agreement, this Agreement shall not be construed to either limit or extend the jurisdiction of either Party. 10. Non-Discrimination. The Parties agree to be bound by applicable state and federal rules and regulations governing equal employment opportunities and non - discrimination. 11. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. § 38-511. 12. Employee Relationship. This Agreement does not and shall not be construed to create any partnership, joint venture or employment relationship between the Parties or create any employer/employee relationship between a Party and the employees of the other Party. Neither Party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including, without limitation, the other Party’s obligation to withhold social security and income tax for any of its employees or to provide workers’ compensation coverage. 13. Workers’ Compensation. For purposes of Workers' Compensation, an employee of a Party to this Agreement who works under the jurisdiction or control of, or who works within the jurisdictional boundaries of, another Party pursuant to this specific Agreement, is deemed to be an employee of both Parties, as provided in A.R.S. § 23- 1022(D). The primary employer of such employee shall be solely liable for payment of Workers' Compensation benefits for the purposes of this paragraph. Each Party shall comply with the notice provisions of A.R.S. § 23-1022(E). 14. Third Parties. Nothing in this Agreement is intended to confer any rights or remedies to a person or entity not a Party, or the successor or assigns of a Party. 15. Immigration Compliance. As mandated by A.R.S. § 41-4401, the Parties are prohibited after September 30, 2008, from awarding a contract to any contractor or subcontractor that fails to comply with A.R.S. § 23-214(A). The Parties must also ensure that every contractor and subcontractor complies with federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214(A). Therefore, in signing or performing any contract for the Parties, the Parties fully understand that: a. They warrant that they and any subcontractors they may use comply with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214(A); Marana Regular Town Council Meeting January 17, 2023 Page 35 of 311 Exhibit A to Marana Resolution No. 2023-002 00085545.DOCX /1 b. A breach of the warranty described in subsection A, shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract; and c. The Parties or their designees retain the legal right to inspect the papers of any contractor or subcontractor employee who works on the contract to ensure that the contractor or subcontractor is complying with the warranty under subsection A. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their representatives’ respective signatures. TOWN: TOWN OF MARANA, an Arizona municipal corporation By: Mayor Date: ATTEST: Town Clerk DISTRICT: NORTHWEST FIRE DISTRICT, an Arizona fire district By: Chairperson Date: ATTEST: Clerk Marana Regular Town Council Meeting January 17, 2023 Page 36 of 311 Exhibit A to Marana Resolution No. 2023-002 00085545.DOCX /1 ATTORNEY CERTIFICATION The foregoing Intergovernmental Agreement has been reviewed pursuant to A.R.S. § 11- 952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those Parties to the Intergovernmental Agreement represented by the undersigned. ____________________________ _________________________________ Thomas A. Benavidez Jane Fairall Attorney, Northwest Fire District Attorney, Town of Marana Marana Regular Town Council Meeting January 17, 2023 Page 37 of 311      Council-Regular Meeting   C3        Meeting Date:01/17/2023   To:Mayor and Council Submitted For:Fausto Burruel, Public Works Director From:Dan Grossman, CIP Process Analyst Date:January 17, 2023 Strategic Plan Focus Area: Not Applicable Strategic Plan Focus Area Additional Info: PRINCIPLE STATEMENT 2: WE WILL SEEK AND RETAIN DIVERSE INDUSTRIES AND COMMERCE. Initiative 3: Invest in airport infrastructure and lease opportunities to grow airport operations. Subject:Resolution No. 2023-003: Relating to Budget; approving a new capital improvement project, the Airport AWOS Upgrade project (AP042), and approving the transfer of up to $410,000.00 in budgeted expense authority from the Airport MIRL, PAPI, Beacon Replacement Lighting project (AP026) in the fiscal year 2022-2023 budget to fund the project (Fausto Burruel) Discussion: The existing Automated Weather Observing System (AWOS) is approximately 20 to 25 years old. The system is failing and due to the age of the equipment. Finding replacement parts has become difficult, and they are often not available. This project was not included in the fiscal year 2022-2023 budget. However, the Town may now receive a new Airport Improvement Grant (AIG) to fund this project for an amount of up to $410,000.00. The project will be primarily funded through federal funds (91%) with the remainder evenly split between the Town and ADOT. Marana Regular Town Council Meeting January 17, 2023 Page 38 of 311 Staff is now requesting The Town Council's approval of a new capital improvement project, the Airport AWOS Upgrade project (AP042) and a transfer of budgeted expense authority to fund the new project. The estimated project cost of the AWOS Upgrade project (AP042) is $410,000.00. Financial Impact: Fiscal Year:2023 Budgeted Y/N: No Amount:$410,000.00 The project budget will be funded with Airport Capital funds (Fund # 5025) and overall budget capacity within the fund will not change.  There is adequate capacity in the Airport MIRL, PAPI, Beacon Replacement Lighting project (AP026) to transfer to the Airport AWOS Upgrade project (AP042).  Staff Recommendation: Staff recommends the approval of the Airport AWOS Upgrade project (AP042) and authorizing the transfer of up to $410,000.00 in budgeted expenditure authority from the Airport Capital funds (Fund # 5025) to fund the AWOS Upgrade project (AP042). Suggested Motion: I move to adopt Resolution No. 2023-003, approving a new capital improvement project, the Airport AWOS Upgrade project (AP042), and approving the transfer of up to $410,000.00 in budgeted expense authority from the Airport MIRL, PAPI, Beacon Replacement Lighting project (AP026) in the fiscal year 2022-2023 budget to fund the project.  Attachments Resolution No. 2023-003 Marana Regular Town Council Meeting January 17, 2023 Page 39 of 311 Marana Resolution No. 2023-003 - 1 - MARANA RESOLUTION NO. 2023-003 RELATING TO BUDGET; APPROVING A NEW CAPITAL IMPROVEMENT PROJECT, THE AIRPORT AWOS UPGRADE PROJECT (AP042), AND APPROVING THE TRANSFER OF UP TO $410,000.00 IN BUDGETED EXPENSE AUTHORITY FROM THE AIRPORT MIRL, PAPI, BEACON REPLACEMENT LIGHTING PROJECT (AP026) IN THE FISCAL YEAR 2022-2023 BUDGET TO FUND THE PROJECT WHEREAS on June 21, 2022, the Town Council adopted the fiscal year 2022-2023 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 existing Automated Weather Observing System (AWOS) is failing due to the age of the equipment and the difficulty in finding replacement parts; and WHEREAS upgrading the AWOS was not a project included in the fiscal year 2022-2023 budget; and WHEREAS Airport Improvement Grant (AIG) funding may now be available to the Town to fund this project for an amount of up to $410,000.00; and WHEREAS the Airport AWOS Upgrade Project (AP042) will be primarily funded through federal funds with the remainder evenly split between the Town and ADOT; and WHEREAS Town staff has determined that the Airport AWOS Upgrade Project (AP042) budget will be funded with Airport capital funds, that overall budget capacity within the fund will not change, and that there is adequate capacity in the Airport MIRL, PAPI, Beacon Replacement Lighting Project (AP026) to transfer to the Airport AWOS Up- grade Project (AP042); and WHEREAS the Council finds that transferring the budgeted expense authority from within the fiscal year 2022-2023 budget will not significantly impact the General Fund; and WHEREAS reallocations of budgeted expense authority are necessary 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 Marana and its citizens. Marana Regular Town Council Meeting January 17, 2023 Page 40 of 311 Marana Resolution No. 2023-003 - 2 - NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The new capital improvement project, Airport AWOS Upgrade Pro- ject (AP042), is hereby approved. SECTION 2. The transfer of $410,000.00 in budgeted expense authority within the Airport Capital Fund from the Airport MIRL, PAPI, Beacon Replacement Lighting Project (AP026) to the Airport AWOS Upgrade Project (AP042) in the fiscal year 2022-2023 budget for anticipated costs associated with the newly established AWOS project de- scribed 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 17th day of January 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting January 17, 2023 Page 41 of 311      Council-Regular Meeting   C4        Meeting Date:01/17/2023   To:Mayor and Council From:Brian Varney, Senior Planner Date:January 17, 2023 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2023-004: Relating to Development; approving the Final Plat for Villagio Lots 5-7 located north of Tangerine Road and west of Thornydale Road within Section 31, Township 11 South and Range 13 East (Brian D. Varney) Discussion: Request Old Lobo Villagio, LLC is requesting approval of a final plat consisting of three commercial lots on approximately 4.54 acres of land located north of Tangerine Road and west of Thornydale Road.  The proposed plat is located within the Tangerine / Thornydale Specific Plan, and the land use designation is Commercial. Land Use The proposed plat is a resubdivision of the existing Lot 1 of the final plat for Villagio Lot 1 Resubdivision - Lots 1 & 4. The proposed lot sizes are: 76,227 square feet (Lot 5), 32,991 square feet (Lot 6), and 36,635 square feet (Lot 7). The maximum building height allowed is two stories, up to 40 feet.   Access and Traffic Circulation The subdivision will be accessed from both Tangerine Road and Thornydale Road.  Utilities Water service will be provided to the subdivision by Tucson Water. Wastewater service will be provided by Pima County Regional Wastewater.  Marana Regular Town Council Meeting January 17, 2023 Page 42 of 311 Staff Recommendation: Staff has reviewed the request against the requirements of the Tangerine / Thornydale Specific Plan, the Marana Town Code, and the Marana General Plan. This final plat is in substantial conformance with all required development regulations, and staff recommends approval.  Suggested Motion: I move to adopt Resolution No. 2023-004, approving the final plat for Villagio Lots 5-7.  Attachments Resolution No. 2022-004 Villagio Lots 5-7 Final Plat PRV2206-009 V57 Map PRV2206-009 V57 App Marana Regular Town Council Meeting January 17, 2023 Page 43 of 311 00085439.DOCX /1 Marana Resolution No. 2023-004 - 1 - MARANA RESOLUTION NO. 2023-004 RELATING TO DEVELOPMENT; APPROVING THE FINAL PLAT FOR VILLAGIO LOTS 5-7 LOCATED NORTH OF TANGERINE ROAD AND WEST OF THORNYDALE ROAD WITHIN SECTION 31, TOWNSHIP 11 SOUTH AND RANGE 13 EAST WHEREAS, on July 5, 2006, the Town Council adopted Ordinance No. 2006.20, approving the Tangerine / Thornydale Specific Plan; and WHEREAS, on October 2, 2007, the Town Council adopted Ordinance No. 2007.24, approving an amendment to the Tangerine / Thornydale Specific Plan; and WHEREAS, on June 3, 2008, the Town Council adopted Resolution No. 2008-71, approving a final plat for Villagio, Lots 1-3, Blocks “A” and “B”; and WHEREAS, on May 16, 2017, the Town Council adopted Resolution No. 2017-040, approving the final plat for Villagio Lot 1 Resubdivision – Lots 1 & 4; and, WHEREAS Old Lobo Villagio, LLC has applied for approval of the final plat for Villagio Lots 5-7 located north of Tangerine Road and west of Thornydale Road; and, WHEREAS the Mayor and Town Council, at its January 17, 2023 meeting, determined that the final plat for Villagio Lots 5-7 should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that the final plat for Villagio Lots 5-7 is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of January 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting January 17, 2023 Page 44 of 311 Marana Regular Town Council Meeting January 17, 2023Page 45 of 311 Marana Regular Town Council Meeting January 17, 2023Page 46 of 311 © Latitude Geographics Group Ltd. 0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.1 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.070 1:4,514 PRV2206-009 Final Plat for Villagio Lots 5-7Town of Marana Planning Marana Town Limits Parcel Labels Parcels (Black) PRV2206-009 Final Plat for Villagio Lots 5-7 Tangerine RoadTangerine Road Thornydale Road Thornydale Road Marana Regular Town Council Meeting January 17, 2023 Page 47 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 48 of 311      Council-Regular Meeting   C5        Meeting Date:01/17/2023   To:Mayor and Council From:Brian Varney, Senior Planner Date:January 17, 2023 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2023-005: Relating to Development; approving a final plat for Boulder Canyon at Dove Mountain, Lots 1-58, and Common Areas "A" (Private Streets), "A-1" (Private Street and Public Pedestrian Trail Access), "B-1" (Public Pedestrian Trail Access and Open Space), "B-2" and "B-3" (Open Space, Utilities, Drainage, Grading and Landscaping) located north of Boulder Bridge Pass approximately one-half mile west of Secret Springs Drive within Section 15, Township 11 South and Range 12 East (Brian D. Varney) Discussion: Request  Rick Engineering Company, Inc. on behalf of the property owner, is requesting approval of a final plat consisting of 58 lots and Common Areas "A" (Private Streets), "A-1" (Private Street and Public Pedestrian Trail Access), "B-1" (Public Pedestrian Trail Access and Open Space), "B-2" and "B-3" (Open Space, Utilities, Drainage, Grading and Landscaping) on approximately 38.42 acres within Dove Mountain.  Location  The proposed subdivision is located within the Dove Mountain development, north of Boulder Bridge Pass approximately one-half mile west of Secret Springs Drive and northeast of the existing Boulder Bridge Pass residential subdivision. Zoning The zoning of the property is "SP" Dove Mountain Specific Plan with land use designations of Resort (R), Estate (E), Low Density Residential (LDR) and Open Space (OS).  Marana Regular Town Council Meeting January 17, 2023 Page 49 of 311 (OS).  Land Use  The final plat proposes 58 residential lots and common areas for private streets, public pedestrian trail access, open space, and the associated utilities, drainage and landscaping on 38.42 acres of land. The proposed subdivision has a minimum lot size of 9,600 square feet with a maximum lot size of 93,081 square feet, yielding a density of 1.51 residences per acre.  Access and Traffic Circulation  The subdivision will be directly accessed from W. Boulder Bridge Pass and proposes 0.8 miles of new private streets.  Infrastructure and Utilities Water service will be provided to the subdivision by Tucson Water. Wastewater service will be provided by Pima County Regional Wastewater.  Staff Recommendation: Staff has reviewed the request against the requirements of the Dove Mountain Specific Plan, the Marana Town Code, and the Marana General Plan. This final plat is in substantial conformance with all required development regulations, and staff recommends approval.    Suggested Motion: I move to adopt Resolution No. 2023-005, approving a final plat for Boulder Canyon at Dove Mountain, Lots 1-58, and Common Areas "A" (Private Streets), "A-1" (Private Street and Public Pedestrian Trail Access), "B-1" (Public Pedestrian Trail Access and Open Space), "B-2" and "B-3" (Open Space, Utilities, Drainage, Grading & Landscaping).  Attachments Resolution No. 2023-005 Boulder Canyon at Dove Mountain FP PRV2207-004 Boulder Canyon at DM _Map PRV2207-004 Boulder Canyon at DM _App Marana Regular Town Council Meeting January 17, 2023 Page 50 of 311 00085868.DOCX /1 Marana Resolution No. 2023-005 - 1 - 1/4/2023 4:08 PM MARANA RESOLUTION NO. 2023-005 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR BOULDER CANYON AT DOVE MOUNTAIN, LOTS 1-58, AND COMMON AREAS “A” (PRIVATE STREETS), “A-1” (PRIVATE STREET AND PUBLIC PEDESTRIAN TRAIL ACCESS), “B- 1” (PUBLIC PEDESTRIAN TRAIL ACCESS AND OPEN SPACE), “B-2” AND “B-3” (OPEN SPACE, UTILITIES, DRAINAGE, GRADING AND LANDSCAPING) LOCATED NORTH OF BOULDER BRIDGE PASS APPROXIMATELY ONE-HALF MILE WEST OF SECRET SPRINGS DRIVE WITHIN SECTION 15, TOWNSHIP 11 SOUTH AND RANGE 12 EAST WHEREAS on May 31, 1989, the Town Council adopted Ordinance No. 89.22, approving the Dove Mountain Specific Plan (then known as the Tortolita Mountain Properties Specific Plan) which has been amended from time to time by ordinance; and WHEREAS, the preliminary plat for Boulder Canyon at Dove Mountain, Lots 1-134, Block 1, Common Areas “A” and “A-1”, and “B-1” thru “B-8” was approved on April 11, 2022; and, WHEREAS Rick Engineering Company, Inc., representing the property owner, has applied for approval of a final plat for Boulder Canyon at Dove Mountain, Lots 1-58, and Common Areas “A” (Private Streets), “A-1” (Private Street and Public Pedestrian Trail Access), “B-1” (Public Pedestrian Trail Access and Open Space), “B-2” and “B-3” (Open Space, Utilities, Drainage, Grading and Landscaping) located north of Boulder Bridge Pass approximately one-half mile west of Secret Springs Drive within Section 15, Township 11 South and Range 12 East; and WHEREAS the Mayor and Town Council, at its January 17, 2023 meeting, determined that the final plat for Boulder Canyon at Dove Mountain, Lots 1-58, Common Areas “A” and “A-1” and “B-1” thru “B-3” should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA that the final plat for Boulder Canyon at Dove Mountain, Lots 1-58, Common Areas “A” and “A-1” and “B-1” thru “B-3”is hereby approved. Marana Regular Town Council Meeting January 17, 2023 Page 51 of 311 00085868.DOCX /1 Marana Resolution No. 2023-005 - 2 - 1/4/2023 4:08 PM PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of January, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting January 17, 2023 Page 52 of 311 0'300'150'600' SCALE: 1"= 300'SHEET 2SHEET 3SHEET 4SHEET 5SHEET 61 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3334 35 363738 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 CA "B-3"CA "B-3"CA "B-2" CA "B-2" CA "A-1" CA "B-1" N BOULDER VIEW DR CA "A"CA "A" "A" A C NEW PRIVATE STREET 218-19-0010UNSUBDIVIDED N BIRDIE VIEW WY NEW PRIVATE STREET CA "A" BRIDGE PASS W BOULDER EXISTING PRIVATE STREETGR E E N P LN S UNLITNEW P RI VAT E S T RE E T N BOULDER DRAW DRNEW PRI VATE STREETBK 62, PG 71 BLOCK G RESORT DOVE MOUNTAIN VIEW PL W BIRDIE STREET NEW PRIVATE BASIS OF BEARING GENERAL NOTES DEDICATION DATETRUST OFFICIAL ACKNOWLEDGMENT MY COMMISSION EXPIRES STATE OF ARIZONA COUNTY OF PIMA SS.} BENEFICIARY ASSURANCES RECORDING } STATE OF ARIZONA COUNTY OF PIMA SS. DEPUTY BY: GABRIELLA CAZARES-KELLY, COUNTY RECORDER AND YEAR ABOVE WRITTEN WITNESS MY HAND AND OFFICIAL SEAL DAY TIME DATE OF RICK ENGINEERING COMPANY, INC. WAS FILED FOR RECORD AT THE REQUEST I HEREBY CERTIFY THAT THE INSTRUMENT SEQ: #2023 FEE: RECORDS OF SAID TRUST ARE: BENEFICIARIES OF TRUST NO. 18355-T, DESCRIBED ABOVE AS DISCLOSED BY THE * PURSUANT TO A.R.S. SECTION 33-404(B), THE NAME AND ADDRESS OF THE TUCSON, AZ 85718-3232 3567 EAST SUNRISE DRIVE, SUITE 219 DOVE MOUNTAIN INVESTORS, LLC CERTIFICATION OF SURVEY THAT THIS PLAT WAS PREPARED UNDER MY DIRECTION. MONUMENTS AND MARKERS SHOWN ARE CORRECTLY DESCRIBED. I FURTHER CERTIFY PERFORMED UNDER MY DIRECTION AND THAT ALL EXISTING AND PROPOSED SURVEY I HEREBY CERTIFY THAT THE BOUNDARY SURVEY AS SHOWN ON THIS PLAT WAS LOCATION MAP PIMA COUNTY, ARIZONA G & SRM TOWN OF MARANA PORTION OF SECTION 15, T 11 S, R 12 E SHEET INDEX ADMINISTRATIVE ADDRESS 6666 WEST BOULDER BRIDGE PASS, MARANA, ARIZONA 85658 CERTIFICATION OF FLOOD PLAIN AS SHOWN ON THIS PLAT WERE PREPARED UNDER MY DIRECTION. I HEREBY CERTIFY THAT THE FLOODPLAIN LIMITS AND EROSION HAZARD SETBACKS IMPROVEMENTS MEETING ESTABLISHED MINIMUM STANDARDS OF DESIGN AND CONSTRUCTION. ELECTRIC, GAS AND WATER UTILITIES, DRAINAGE, FLOOD CONTROL AND OTHER SUBDIVISION ARIZONA HAVE BEEN PROVIDED TO GUARANTEE INSTALLATION OF REQUIRED STREET,SEWER, SEQ #2023 IN THE OFFICE OF THE RECORDER OF PIMA COUNTY, FOR LOTS 1-58 AND ASSOCIATED COMMON AREAS AS RECORDED IN TRUST NO. 18355-T, AGENCY OF ARIZONA, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, AS TRUSTEE UNDER TITLE ASSURANCEASSURANCES IN THE FORM OF A THIRD PARTY TRUST FROM LANDMARK BY: TOWN OF MARANA DATE * (R) (M) (C) (RAD) 23 1314 24 23 14 13 SECTION CORNER RECORD MEASURED CALCULATED QUARTER SECTION CORNER INDICATES BEARING IS RADIAL FOUND BRASS CAP SURVEY MONUMENT, RLS 52699 (OR AS NOTED) LOT NUMBER EASEMENT BOUNDARY CENTERLINE LOT LINE SUBDIVISION BOUNDARY SECTION LINE BUILDING EROSION HAZARD SETBACK LIMIT FLOW ARROW FOR FLOW DISCHARGE Q = DISCHARGE100 LEGEND EXIST R/W SYMBOL ITEM Q = 150 cfs100 COMPLETION OF CONSTRUCTION MARANA M-103-B SURVEY MONUMENT TO BE STAMPED BY RLS FOLLOWING BRIDGE PASS III RECORDED AT SEQ. 20200660137. SAID BEARING BEING: S0°10'26"W. SECTION 16, T-11-S, R-12-E AS SHOWN ON THE AMENDED FINAL PLAT FOR BOULDER THE BASIS OF BEARING FOR THIS PROJECT IS THE EAST LINE OF THE SE 1/4 OF OTHERWISE IN ITS CORPORATE CAPACITY. COMPANY, AS TRUSTEE UNDER TRUST NO. 18355-T, AS TRUSTEE ONLY AND NOT LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, AN ARIZONA LIMITED LIABILITY FOUND SURVEY MONUMENT, RLS 16597 (3" ALUMINUM PIPE OR AS NOTED) SV 1 TOWN OF MARANA APPROVALS ,P.E. MARANA TOWN ENGINEER/DEVELOPMENT ENGINEER DATE DATE ASSURED WATER SUPPLY CERTIFICATION CLERK OF THE TOWN OF MARANA AND WILL PROVIDE WATER SERVICE TO THIS SUBDIVISION. THE UNDERSIGNED CERTIFIES THAT IT IS DESIGNATED AS HAVING AN ASSURED WATER SUPPLY DATE ITS: CITY OF TUCSON WATER DEPARTMENT BY: DATEMARANA PLANNING MANAGER PIMA COUNTY APPROVAL PIMA COUNTY REGIONAL WASTEWATER RECLAMATION DEPARTMENT DATE TABLES7 PLAT SHEETS & TABLES2-6 COVER SHEET1 (SEE GENERAL NOTE 16)CONSTRUCTION LOT CORNER TO BE SET BY RLS FOLLOWING COMPLETION OF BLOCK CORNER PER BOOK 62 PAGE 71 M & P RESORT (R)ESTATE (E) LOTS 21-50 LOTS 2-20, 51-58 MINIMUM ALLOWED LOT SIZE (MDR) 2,000 S.F. SETBACK LDR BUILDING CLUSTER OPTION W/ HEIGHT MAXIMUM ALLOWED BUILDING 45 FT.30 FT. FRONT SETBACK 20 FT.20 FT. SIDE SETBACK 5 FT.5 OR 0 FT. REAR SETBACK 5 FT. 15 FT. CORNER SETBACK 10 FT.20 FT. MINIMUM LOT SIZE PROVIDED 9,600 S.F.10,400 S.F. MAXIMUM LOT SIZE PROVIDED 13,129 S.F.14,835 S.F. AVERAGE LOT SIZE PROVIDED 10,622 S.F.NA DWELLING UNIT (8000 S.F. MIN.) AVERAGE SITE AREA PER NA 11,267 S.F. LOT 1 36,000 S.F. 30 FT. 30 FT. 10 FT. 20 FT. 20 FT. NA ESTATE (E) 93,081 S.F. 93,081 S.F. 93,081 S.F. WITH STATE STATUTES. IDENTIFYING NUMBER AND A RECORD OF SURVEY SHALL BE RECORDED IN ACCORDANCE THE FINAL PLAT, THE REPLACEMENT SURVEYOR SHALL SET MONUMENTS WITH HIS/HER SETTING OF THE INTERIOR CORNER MONUMENTS, SUBSEQUENT TO THE RECORDING OF FOR ANY REASON THE SURVEYOR OF RECORD IS NOT AVAILABLE TO SUPERVISE THE SET SHALL BE UNDER THE DIRECT SUPERVISION OF THE SURVEYOR OF RECORD. IF RECORD OF SURVEY SHALL BE FILED SHOWING THOSE DIFFERENCES. ALL MONUMENTS MONUMENTS SHOULD DIFFER FROM THE TYPE DESCRIBED ON THE FINAL PLAT, A INFRASTRUCTURE AND IMPROVEMENTS MAKE IT PRACTICAL TO DO SO. IF SUCH INTERIOR PROPERTY CORNERS SHALL BE MONUMENTED AS SOON AS COMPLETING OF THE 16. FOR ADDITIONAL FIRE PROTECTION MEASURES. GRADE, OR LOW CLEARANCE MUST BE EVALUATED BY THE NORTHWEST FIRE DISTRICT DWELLING HAVING LIMITED ACCESS IN EXCESS OF 150-FEET, OR 12% ACCESS NORTHWEST FIRE DISTRICT FOR ADDITIONAL FIRE PROTECTION MEASURES. ANY ANY BUILDING OVER 3,600 SQUARE FEET UNDER ROOF MUST BE EVALUATED BY THE 15. THE TOWN OF MARANA. THE RELOCATION OF ANY UTILITIES SHALL BE AT NO EXPENSE TO THE PUBLIC OR 14. 45-576. HAS BEEN DESIGNATED AS HAVING AN ASSURED WATER SUPPLY UNDER A.R.S. THIS SUBDIVISION IS LOCATED WITHIN THE CITY OF TUCSON SERVICE AREA, WHICH 13. PUBLIC RIGHTS-OF-WAY. OF LANDSCAPE PLANS OR IMPROVEMENT PLANS ALLOWING INSTALLATION WITHIN THE INDEMNIFICATION. THIS DOCUMENT SHALL BE EXECUTED PRIOR TO FINAL APPROVAL A PERPETUAL LICENSE AGREEMENT FOR INSTALLATION, MAINTENANCE AND WALLS AND DRAINAGE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY SHALL REQUIRE INSTALLATION OF ITEMS SUCH AS LANDSCAPE, IRRIGATION, SIGNAGE, MONUMENTS, 12. BEFORE THE RELEASE OF ASSURANCES. FUNCTION OF ALL PUBLIC AND PRIVATE ROADWAYS AND DRAINAGE STRUCTURES A PROFESSIONAL ENGINEER OF RECORD SHALL CERTIFY AS TO FORM, LINE, AND 11. MANAGEMENT AS APPROVED BY THE FLOODPLAIN ADMINISTRATOR. AREA WILL BE RESTRICTED TO USES THAT ARE COMPATIBLE WITH FLOODPLAIN SUBJECT TO FLOODING FROM A 100-YEAR FREQUENCY FLOOD AND ALL LAND IN THIS THE AREA BETWEEN 100-YEAR FLOOD LIMITS REPRESENTS AN AREA THAT MAY BE 10. STREET STANDARDS. THE ROADWAY SURFACE, AND SHALL CONFORM TO THE TOWN OF MARANA SUBDIVISION HORIZONTAL LINES LOCATED 30-INCHES AND 72-INCHES ABOVE FINISHED GRADE OF PLACED SO AS NOT TO INTERFERE WITH A VISIBILITY PLANE DESCRIBED BY TWO OBJECTS AND MATERIALS WITHIN THE SIGHT VISIBILITY EASEMENT SHALL BE 9. ELECTRICAL TRANSMISSION CORRIDORS. GREATER, AND THOSE LINES WHICH CAN BE SHOWN TO EXIST IN CURRENT OR FUTURE PLACED UNDERGROUND EXCEPT ELECTRICAL TRANSMISSION LINES CARRYING 48KV OR ALL NEW AND EXISTING UTILITIES WITHIN OR CONTIGUOUS TO THE SITE SHALL BE 8. EXISTENCE OF, OR COMPLIANCE WITH, ANY DEED RESTRICTIONS OR EASEMENTS. DIVISION THAT MAY BE CONTRARY TO STATE LAW, NOR DOES IT CERTIFY THE APPROVAL OF THIS PLAT DOES NOT AFFIRM, CERTIFY, OR APPROVE ANY LAND 7. THE TOWN OF MARANA. NO FURTHER LOT SPLITTING SHALL BE DONE WITHOUT THE WRITTEN APPROVAL OF 6. 232 SPACES (2 PER GARAGE AND 2 PER DRIVEWAY)PARKING SPACES PROVIDED: 116 SPACES (2 FOR EACH FAMILY/UNIT) PARKING SPACES REQUIRED:5. 0.8TOTAL MILES OF NEW PRIVATE STREET:4. 58 (1.51 RAC).THE TOTAL NUMBER OF RESIDENTIAL LOTS:3. ACCESS LOCATION SVC SIGHT VISIBILITY LINE SIGHT VISIBILITY CURVE 100-YEAR REGULATORY FLOODPLAIN LIMIT (E); LOW DENSITY RESIDENTIAL (LDR) AND OPEN SPACE (OS). NO. 2002.13 THE LAND USE DESIGNATION FOR BLOCK B IS RESORT (R); ESTATE THE EXISTING ZONING IS SP (SPECIFIC PLAN - DOVE MOUNTAIN) PER ORDINANCE 2. LANDSCAPING IS 17.3 AC, 752,823 SF. COMMON AREA "B-2" & "B-3" OPEN SPACE, UTILITIES, DRAINAGE, GRADING AND 15,936 SF. COMMON AREA "B-1" PUBLIC PEDESTRIAN TRAIL ACCESS & OPEN SPACE IS 0.4 AC, IS 0.1 AC, 4,085 SF. COMMON AREA "A-1" PRIVATE STREET & PUBLIC PEDESTRIAN TRAIL ACCESS COMMON AREA "A" PRIVATE STREETS IS 4.2 AC, 184,815 SF. 38.42 AC; 1,673,589 SF.THE GROSS AREA OF THIS SUBDIVISION:1. AREAS WITHIN THIS SUBDIVISION. MAINTENANCE, SAFETY, AND LIABILITY OF THE PRIVATE DRAINWAYS AND COMMON MEMBER OF THE ASSOCIATION, WHICH IS RESPONSIBLE FOR THE CONTROL, COUNTY, ARIZONA. EACH AND EVERY LOT OWNER WITHIN THE SUBDIVISION SHALL BE IN THE OFFICE OF THE RECORDER OF PIMA SEQUENCE # CONDITIONS, RESTRICTIONS & EASEMENTS AS RECORDED IN AMENDED AND AS ESTABLISHED BY THE SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED IN DOCKET 10660 AT PAGE 1083, AS ASSOCIATION OF INDIVIDUAL LOT OWNERS AS ESTABLISHED BY COVENANTS, SET FORTH ON THE PLAT. TITLE TO ALL COMMON AREAS SHALL BE VESTED IN AN AND DRAINAGE IMPROVEMENTS, FOR PRESERVATION OF OPEN SPACE, AND EASEMENTS AS "B-2" AND "B-3" ARE TO BE USED FOR INSTALLATION AND MAINTENANCE OF SLOPE EASEMENT IS HEREBY GRANTED WITHIN COMMON AREA "A-1" AND "B-1." COMMON AREAS A PUBLIC PEDESTRIAN TRAIL ACCESS AND MAINTENANCE AND PRIVATE SEWERS. INSTALLATION AND MAINTENANCE OF SLOPE AND DRAINAGE IMPROVEMENTS, UTILITIES MARANA, PIMA COUNTY AND ALL UTILITY COMPANIES FOR THE PURPOSE OF ACCESS TO, ARE GRANTED AS EASEMENTS TO THE TOWN OF SUBDIVISION AND THEIR INVITEES, AND PRIVATE USE AND CONVENIENCE OF ALL OWNERS OF PROPERTY WITHIN THIS COMMON AREAS "A" AND "A-1" AS SHOWN ON THIS PLAT ARE RESERVED FOR THE DISTURBED, OR OBSTRUCTED WITHOUT THE APPROVAL OF THE TOWN OF MARANA. SURFACE FLOOD, OR RAINFALL. NATURAL DRAINAGE SHALL NOT BE ALTERED, BY REASON OF FLOODING, FLOWAGE, EROSION, OR DAMAGE CAUSED BY WATER, WHETHER CLAIMS FOR DAMAGES RELATED TO THE USE OF THESE LANDS NOW AND IN THE FUTURE MARANA, ITS EMPLOYEES, OFFICERS, AND AGENTS HARMLESS FROM ANY AND ALL I, THE UNDERSIGNED, OUR SUCCESSORS AND ASSIGNS, DO HEREBY HOLD THE TOWN OF SHOWN HERON ARE GRANTED TO THE DOVE MOUNTAIN COMMUNITY ASSOCIATION. THIS PLAT. PRIVATE ROADWAY MAINTENANCE AND PRIVATE DRAINAGE EASEMENTS AS INSTALLATION, AND MAINTENANCE OF UTILITIES AND OTHER USES AS DEFINED BY COUNTY AND ALL UTILITY COMPANIES FOR THE PURPOSE OF ACCESS OR, OTHER EASEMENTS AS SHOWN HEREON ARE GRANTED TO THE TOWN OF MARANA, PIMA SUBDIVISION OF THIS LAND IN THE MANNER SHOWN ON THIS PLAT. UTILITY AND TITLE INTEREST IN THE LAND SHOWN ON THIS PLAT, AND I CONSENT TO THE I, THE UNDERSIGNED, HEREBY WARRANT THAT I AM THE ONLY PARTY HAVING ANY FEE CERTIFICATE N O.17479CERTIFICATE N O.A RI ZONA U.S.A.Dat eSigned ..........REGISTEREDLAND SUR VE Y ORDOUGLAS E. SCHNEIDERCERTIFICATENO.CERTIFICATE N O.Registered ProfessionalEngineer (Civil)A RI ZONA U.S.A.Dat eSigned THOMPSON COREY 22217 , 2023. PLAT WAS APPROVED BY THE TOWN COUNCIL OF THE TOWN OF MARANA ON THE DAY OF I, , CLERK OF THE TOWN OF MARANA HEREBY CERTIFY THAT THIS AUTHORIZED SO TO DO, EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSE THEREIN. LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, LLC TRUST NO. 18355-T, AND BEING WHO ACKNOWLEDGED TO BE THE TRUST OFFICIAL OF ON THIS DAY OF , 2023, BEFORE ME PERSONALLY APPEARED FINAL PLAT FOR \\cp.rickeng.com\projects\T05000\5130_Boulder_Canyon_at_Dove_Mtn\Civil\TUC CorpStds 2005.dscript \\cp.rickeng.com\projects\T05000\5130_Boulder_Canyon_at_Dove_Mtn\Civil\5130fp01.dgn 03-JAN-2023 18:00c2023Rick Engineering CompanySEQUENCE #SEQUENCE # SHEET OF 7 J-5130 PRV2207-004 RANGE 12 EAST, GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. BK 62, PG 71, BEING A PORTION OF THE OF SECTION 15, TOWNSHIP 11 SOUTH BEING A RESUBDIVISION OF A PORTION OF BLOCK B OF DOVE MOUNTAIN RESORT & "B-1" THRU "B-3" LOTS 1 - 58, COMMON AREAS "A" & "A-1" AT DOVE MOUNTAIN BOULDER CANYON RELATED CASES: PRV-06012F, PRV2110-003, P21WC00348 "B-2" & "B-3" (OPEN SPACE, UTILTIES, DRAINAGE, GRADING & LANDSCAPING) COMMON AREA "B-1" (PUBLIC PEDESTRIAN TRAIL ACCESS & OPEN SPACE), COMMON AREA "A" (PRIVATE STREETS) , "A-1" (PRIVATE STREET & PUBLIC PEDESTRAIN TRAIL ACCESS), W BOULDER BR IDGE PASS 1110 15 14 109 16 15 1516 21 22 1415 22 23 PROJECT THIS 1 2 3 4 SEQ #20132910078 SEQ #20143250154 SEQ #20200660137 BK 62, PG 71 1 1 1 1 11 2 3 4 3" = 1 MILE SCALE: UNSUBDIVIDED UNSUBDIVIDED Marana Regular Town Council Meeting January 17, 2023 Page 53 of 311 0'40'20'80' SCALE: 1"= 40' LINE & CURVE TABLES SEE SHEETS 6 & 7 FOR SEE SHEET 4 2 SEE SHEET 5 3 6 3 6 5 4 S F C A "B-3"SEE SHEET 3CERTIFICATE N O.17479CERTIFICATE N O.A RI ZONA U.S.A.Dat eSigned ..........REGISTEREDLAND SUR VE Y ORDOUGLAS E. SCHNEIDERCERTIFICATENO.CERTIFICATE N O.Registered ProfessionalEngineer (Civil)A RI ZO NA U.S.A.Dat eSigned THOMPSON COREY 22217 FINAL PLAT FOR \\cp.rickeng.com\projects\T05000\5130_Boulder_Canyon_at_Dove_Mtn\Civil\TUC CorpStds 2005.dscript \\cp.rickeng.com\projects\T05000\5130_Boulder_Canyon_at_Dove_Mtn\Civil\5130fp02.dgn 03-JAN-2023 18:00c2023Rick Engineering CompanySEQUENCE #SEQUENCE # SHEET OF 7 J-5130 PRV2207-004 RANGE 12 EAST, GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. BK 62, PG 71, BEING A PORTION OF THE OF SECTION 15, TOWNSHIP 11 SOUTH BEING A RESUBDIVISION OF A PORTION OF BLOCK B OF DOVE MOUNTAIN RESORT & "B-1" THRU "B-3" LOTS 1 - 58, COMMON AREAS "A" & "A-1" AT DOVE MOUNTAIN BOULDER CANYON RELATED CASES: PRV-06012F, PRV2110-003, P21WC00348 "B-2" & "B-3" (OPEN SPACE, UTILTIES, DRAINAGE, GRADING & LANDSCAPING) COMMON AREA "B-1" (PUBLIC PEDESTRIAN TRAIL ACCESS & OPEN SPACE), COMMON AREA "A" (PRIVATE STREETS) , "A-1" (PRIVATE STREET & PUBLIC PEDESTRAIN TRAIL ACCESS), 3 2 LP NEERG TILNUS NYAW W EIV EIDRIB N)TEERTS ETAVIRP()TEERTS ETAV IR P(2222222 21.0'21.0'121.0'21.0'121.0'21.0'1 B K 6 2, P G 7 1 B L O C K G D O V E MO U N T AI N R ES O R T R E S O R T 3 3 3 3 B K 6 2, P G 7 1 B L O C K G D O V E MO U N T AI N R ES O R T R E S O R T 3 6 3 6 5 4 S F C A "B-3"21.0'21.0' * *** DE V E L OPE D Q =12 cfs 10 0 11 11LPWEIV EIDRIB W)TEERTS ETAVIRP(1 0 4 0 0 S F 1 0 4 0 0 S F 1 0 4 0 0 S F 1 0 4 0 0 S F 1 0 4 0 0 S F 1 1 2 9 0 S F 1 0 4 0 0 S F 1 0 4 0 0 S F 1 3 3 9 1 S F 1 3 7 5 5 S F 1 0 5 5 6 S F 1 4 8 3 5 S F 1 8 4 8 1 5 S F 1 2 1 9 5 S F Δ Δ Δ C A " A" 1 6 1 2 1 1 1 0 1 7 7 8 5 6 9 1 5 1 3 1 4 5'°1"310 00 0. =3 '| 21 .01' 21 .01'21.00'21.00' N47 °08 '09 "E 42 .02' 21.00'S8°18'31"E 172.00' 21.00'S38°34'02"E 147.04'N81°41'29"E 109.00' 0625.=2 'R0=1L67.90'N38°34'03"W 301.45'79.15'2 1.94' S 51°25'58"W 137.74'N38°34'02"W 166.29'N 55°42'44"E 59.29' N 51°25'58"E 131.10'80.00'N69°20'31"E 80.00'N38°34'02"W 461.34'N 51°25'58"E 130.00' S81°41'29"W 212.60'S81°41'29"W 212.60' N81°41'29"E 33 1 .85'77.35'25.00'113.90'S38°34'02"E 160.00'347.45'N38°34'02"W 461.34'155.00' N37°56'33"E 482.44' 57.60'N 51°25'58"E 92.38' N 51°25'58"E 159.24'80.00'80.00'S38°34'02"E 320.00'80.00' S8°18'31"E 130.00'S8°18'31"E 130.00' 80.00' 80.00'130.00' 80.00'80.00'N 51°25'58"E 130.00'80.00'S 51°25'58"W 130.00'80.00'80.00'80.00'5 8.06' S5 5°4 2'4 4"W 11.4 5'S 51°25'58"W 160.58' 52.60'S38°34'02"E 160.91'94.50'S 51°25'58"W 130.00' N 51°25'58"E 130.00'80.00'80.00'80.00'N 51°25'58"E 130.00'80.00'S 51°25'58"W 130.00'80.00'L81=1 5 6 2° 0" ' 1 2 .0 00 =0'6 '|00 15=1. 9'.0 90R= ° .1 40 R= 9'2'117 L= 1" N81°41'29"E 464.59'N58°45'19"E 194.38'N33°35'42"W 531.84'SV 12SV14SV10SV11 SV15 SV13SV8SV9SV7S V C10 S VC9 SVC8SVC11SVC7S V C6 46.38' N 51°25'58"EL= 94 L=3 9.2 7'R=2 5.0 0'=8 9°59'5 9" '.53 L=2 3.18' R=2 5.0 0'=9 0°0 0'0 0" L=3 9.2 7' L=3 9.2 7'R=2 5.0 0'=9 0°0 0'0 0"'.26=7 1L. =26L 8 1' L=1 L=2 8.0 5'R=2 5.00'=6 4°17'3 6" ' S8°18'31"E46.00' 5 8.6 L08'.=5 8S51°25'58"W 46.38' L=16.0 9' | 3 6 3 6 5 4 S F C A "B-3" 1 8 4 8 1 5 S F C A " A" | S 15°06'57"E 132.49' (RAD) L=11.10' L=13.3 2'L=80.72'"40'95°53 =| '00.122=R '08.831=L"35'70°63=| '00.002=R '21.621=L"95'81°61=| '00.971=R '64.311=L19'11'1 2 KEYNOTES 3 6 4 5 BY THIS PLAT PUBLIC PEDESTRIAN TRAIL EASEMENT GRANTED BK 62, PG 71, M&P PUBLIC PEDESTRIAN TRAIL EASEMENT PER EASMENT PER BK 62, PG 71, M&P PRIVATE PEDESTRIAN AND PUBLIC UTILITY 10' PRIVATE ROADWAY MAINTENANCE, PRIVATE SIGNAGE, SIGHT VISIBILITY EASEMENT GRANTED BY THIS PLAT GRANTED BY THIS PLAT 1' PRIVATE NO VEHICULAR ACCESS EASEMENT UTILITIES EASEMENT GRANTED BY THIS PLAT DRAINAGE IMPROVMENTS, SIGNAGE AND PUBLIC 10' PRIVATE ROADWAY MAINTENANCE, SLOPE, Marana Regular Town Council Meeting January 17, 2023 Page 54 of 311 0'40'20'80' SCALE: 1"= 40' LINE & CURVE TABLES SEE SHEETS 6 & 7 FOR SEE SHEET 6 3SEE SHEET 2CERTIFICATE N O.17479CERTIFICATE N O.A RI ZO NA U.S.A.Dat eSigned ..........REGISTEREDLAND SUR VE Y ORDOUGLAS E. SCHNEIDERCERTIFICATENO.CERTIFICATE N O.Registered ProfessionalEngineer (Civil)A RI ZONA U.S.A.Dat eSigned THOMPSON COREY 22217 FINAL PLAT FOR \\cp.rickeng.com\projects\T05000\5130_Boulder_Canyon_at_Dove_Mtn\Civil\TUC CorpStds 2005.dscript \\cp.rickeng.com\projects\T05000\5130_Boulder_Canyon_at_Dove_Mtn\Civil\5130fp03.dgn 03-JAN-2023 18:00c2023Rick Engineering CompanySEQUENCE #SEQUENCE # SHEET OF 7 J-5130 PRV2207-004 RANGE 12 EAST, GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. BK 62, PG 71, BEING A PORTION OF THE OF SECTION 15, TOWNSHIP 11 SOUTH BEING A RESUBDIVISION OF A PORTION OF BLOCK B OF DOVE MOUNTAIN RESORT & "B-1" THRU "B-3" LOTS 1 - 58, COMMON AREAS "A" & "A-1" AT DOVE MOUNTAIN BOULDER CANYON RELATED CASES: PRV-06012F, PRV2110-003, P21WC00348 "B-2" & "B-3" (OPEN SPACE, UTILTIES, DRAINAGE, GRADING & LANDSCAPING) COMMON AREA "B-1" (PUBLIC PEDESTRIAN TRAIL ACCESS & OPEN SPACE), COMMON AREA "A" (PRIVATE STREETS) , "A-1" (PRIVATE STREET & PUBLIC PEDESTRAIN TRAIL ACCESS), RD WARD REDLUOB N)TEERTS ETAVIRP()TEERTS ETAVIRP(2 2 DRN BO ULDER VIEW21.0'21.0' B K 6 2, P G 7 1 B L O C K G D O V E MO U N T AI N R ES O R T R E S O R T 218-19-0 0 1 0 U NS U B DI VI D E D A G 3 1 3 6 3 6 5 4 S F C A "B-3" DE V E L OP E D Q =10 3 9 cfs 10 0 1 1 1 0 4 0 0 S F 1 0 4 0 0 S F 3 8 9 1 6 9 S F 3 0 C A "B-2" 3 2 3 11"031=12'°13 1 7.4 6' 3 1.15' N10°27'46"W 203.87' N9 0°0 0'0 0"E 82 2.4 7'113.7 4' "°090 177'179.18' N79°32'14"E 80.00'N79°32'14"E 160.00'92.67'29.70' = L= 5.17 '|00 = 5.27 'R26 | 10 5.0 0'167.43'N79°32'14"E 705.68'N10°27'46"W 130.00' N10°27'46"W 120.00' 80.00' 116.13'80.00'S45°37'28"E 130.00'S45°37'28"E 130.00'N10°27'46"W 129.17'S10°27'46"E 130.00'80.00'80.00' 80 .00 'S44°22 '32"W 80 .00 'S10°27'46"E 130.00' N10°27'46"W 318.37'L 75=10'.0 R 00=4 3'.7 N10°27'46"W 272.37'N10°27'46"W 272.37'N79°32'14"E 705.68'SV16SV17SVC12L=3 9.2 7'R=2 5.0 0'=9 0°00'0 0" | 1 8 4 8 1 5 S F C A " A" L=14.8 5'S10°27'46"E42.00'L83 L84 L85 L86 L87L88L89 L90 L91 L9 2L9 3 L94L95L96L97 L140 L141 L142 L143 L196 L 197L20 2L20 6 L207L208L209 L210 L211L212 L213 L214L215 L216 L217 L218L219 L220 L221 L222 L223 L224L225 L226L227L228 L229 L230 L23128'28'EHS192 8' 1 2 KEYNOTES 3 6 4 5 BY THIS PLAT PUBLIC PEDESTRIAN TRAIL EASEMENT GRANTED BK 62, PG 71, M&P PUBLIC PEDESTRIAN TRAIL EASEMENT PER EASMENT PER BK 62, PG 71, M&P PRIVATE PEDESTRIAN AND PUBLIC UTILITY 10' PRIVATE ROADWAY MAINTENANCE, PRIVATE SIGNAGE, SIGHT VISIBILITY EASEMENT GRANTED BY THIS PLAT GRANTED BY THIS PLAT 1' PRIVATE NO VEHICULAR ACCESS EASEMENT UTILITIES EASEMENT GRANTED BY THIS PLAT DRAINAGE IMPROVMENTS, SIGNAGE AND PUBLIC 10' PRIVATE ROADWAY MAINTENANCE, SLOPE, N79°32'14"E 80.00'29.70' 168.11' N10°27'46"W 129.17'S10°27'46"E 130.00' L=3 9.2 7'R=2 5.0 0'=9 0°0 0'0 0" L=32.8 2' L=6.4 5'| L=14.8 5'S10°27'46"E42.00' Marana Regular Town Council Meeting January 17, 2023 Page 55 of 311 0'40'20'80' SCALE: 1"= 40'2203.49'S71°37'56"ELINE & CURVE TABLES SEE SHEETS 6 & 7 FOR S O U T H LI N E OF T H E N W 1/4 OF S E C TI O N 15 N O R T H LI N E OF T H E S W 1/4 OF S E C TI O N 1 5 SEE SHEET 2 SEE SHEET 54PER BK 62, PG 71 M & PFND GLO BRASS CAPPED PI PEWEST 1/4 CORNER SECTI ON 15CERTIFICATE N O.17479CERTIFICATE N O.A RI ZONA U.S.A.Dat eSigned ..........REGISTEREDLAND SUR VE Y ORDOUGLAS E. SCHNEIDERCERTIFICATENO.CERTIFICATE N O.Registered ProfessionalEngineer (Civil)A RI ZONA U.S.A.Dat eSigned THOMPSON COREY 22217 FINAL PLAT FOR \\cp.rickeng.com\projects\T05000\5130_Boulder_Canyon_at_Dove_Mtn\Civil\TUC CorpStds 2005.dscript \\cp.rickeng.com\projects\T05000\5130_Boulder_Canyon_at_Dove_Mtn\Civil\5130fp04.dgn 03-JAN-2023 18:00c2023Rick Engineering CompanySEQUENCE #SEQUENCE # SHEET OF 7 J-5130 PRV2207-004 RANGE 12 EAST, GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. BK 62, PG 71, BEING A PORTION OF THE OF SECTION 15, TOWNSHIP 11 SOUTH BEING A RESUBDIVISION OF A PORTION OF BLOCK B OF DOVE MOUNTAIN RESORT & "B-1" THRU "B-3" LOTS 1 - 58, COMMON AREAS "A" & "A-1" AT DOVE MOUNTAIN BOULDER CANYON RELATED CASES: PRV-06012F, PRV2110-003, P21WC00348 "B-2" & "B-3" (OPEN SPACE, UTILTIES, DRAINAGE, GRADING & LANDSCAPING) COMMON AREA "B-1" (PUBLIC PEDESTRIAN TRAIL ACCESS & OPEN SPACE), COMMON AREA "A" (PRIVATE STREETS) , "A-1" (PRIVATE STREET & PUBLIC PEDESTRAIN TRAIL ACCESS), RD WARD REDLUOB N S SAP E G D IR B R E D L U O B W)T E E R T S E T A V IR P T SIX E( 17 G P ,26 K B )TEERTS ETAVIRP( 2 2 22 2 1.0' 21.0' 1 1 21.0'21.0'131.0'31.0' 3 2 1 8-1 9-0 0 1 0 U N S U B DI VI D E D A G B K 6 2, P G 7 1 B L O C K G D O V E MO U N T AI N R ES O R T R E S O R T B K 6 2, P G 7 1 L O T 1 5 3 D O V E MO U N T AI N R ES O R T E S T A T E B K 6 2, P G 7 1 B L O C K G D O V E MO U N T AI N R ES O R T R E S O R T 3 3 3 6 3 6 5 4 S F C A "B-3" 3 8 9 1 6 9 S F C A "B-2" 3 6 3 6 5 4 S F C A "B-3" 4 5 54 5 TILNUS NLP NEERG)TEERTS ETAVIRP(21.0'21.0' DE V E L OPE D Q =33 1 cfs 10 0 2 H O A B Y T HIS P L A T ES MT G R A N T E D T O T H E 20' P RI V A T E D R AI N A G E 6 6 111 111 E XISTI N G = 173 cfs Q 10 0(T O T A L) 1 4 7 8 3 S F 1 0 4 0 0 S F 1 0 4 0 0 S F 1 1 3 3 5 S F 1 1 3 6 8 S F 1 3 8 9 5 S F 4 0 8 5 S F 9 3 0 8 1 S F 1 5 9 3 5 S F Δ 6'13'16'6' Δ 5 8 C A "B-1" C A " A-1" 1 5 6 57 2 4 3 8° | ='4 40 '03 =1 00 1. 4 2 7.7 5' 8 0.4 5' " N8 8°5 9'15"W 10 8.2 0'30.00'R 56 =1 7'.1 L 565°9"'43.079 |=0' N37°56'33"E 779.90' R=8'0.20 4 L=S13°14'35"E 80.00' 5.12 1.312 R=0'1L=36.24'10.18'407.96' 210.54' 496' S31°17'41"W 85.73' " N1°00'45"E 76.20' 5'|00 5°=3 S30°43'14"W 47.28' 63.22'22.21'233.59'10.18'52.61' S 8 2°3 9'2 1" E 1 0 4.1 1'N52°03'27"W 56.18'87.45' N1°59'44"E 267.22' 80.00'N73°33'50"W 130.00' 80.00' 80.00' 66.30' N1°59'44"E 267.22' N1°59'44"E 267.22' 82.92' S13°14'35"E 80.00'S76°45'25"W 152.58' N 51°25'58"E 130.00' S76°45'25"W 130.79' N9 0°0 0'0 0"E 7 3.2 4'N60°00'00"E 427.30'N30°00'00"W 315.00'200.91' N76°45'25"E 142.83'76.36' S76°45'25"W 131.08'S13°14'35"E 80.00'S52°03'27"E 130.00'80.00'S52°03'27"E 130.00'S52°03'27"E 130.00'S52°03'27"E 130.00'80.00' 80.00' =2'R .050 1 =2L .609 0 "24' =4'028° " 8.13 'R65 = 31.54' 41.45' L 34.45' 107.94' = °535 496'=1.22 '|00 L= 56|=9 '°0'20R=000. 5 N14°26'42"E 618.50' S2°06'59"W 65.99' 3"N60°00'00"E 375.02' ' 0.20 '|00=2.19 'R62 = 19L=056. "°155 540' S V3S V4SV1 SV2 SV5 SV6 SVC3 SVC2SVC1 S VC 4 SVC5' |= 4 1 .0 2 '0 7 7 6°2 102 = 1 "L .=22 R 0 5'"16°= 0' |1 " L=23.3 4'R=2 5.0 0' 30'2 .853L=6 ' 6.22R=2 9.07R=103°21'|=L=52.14'R=2 2 1 .01'=13°31'02" =13°29'26" L=47.0 9'R=200.0 0'L15'.=4290'|079.=5'0122°L=6"'269R=1'.51 7.22 ' L=7' S1°00'45"W 45.77' L .2 6 1 = 1 0 L 2°01 ' =2 L=3 8.0 4'R=2 5 0.0 0'=8°43'04" "'53 57'.=52 R .000=25 R=2 5.0 0'=8 1°0 0'5 8" L=3 9.27' L=3 5.3 5' L=4 3.0 5'R=2 5.0 0'=9 8°3 9'5 5" R=25.0 0'=9 0°0 0'0 0" =90°0 0'17" L=3 9.27'R=25.0 0' L=2 4.7 2'R=2 5.0 0'=5 6°3 9'13" =2 5°4 8'17" =5 3°2 9'0 7" L=2 8.6 4'R=63.5 9'L 05'.=40 L=9 42.01' 7' S18°38'46"W 6 L=6 '.29 2.81L=2 5 7 .9 7 ' L= .59' '.14 L=83 '.17 =29L | | | | || | | 3 6 3 6 5 4 S F C A "B-3" 1 8 4 8 1 5 S F C A " A" | | '5 4 .8 8 6 =L '0 0.0 0 0 1 =R " 3 4'6 2°9 3= | '03.522=L '00.0001= R "13'45°21= | '12.211=L '00.0001=R "64'52°6=| '21.5 3 51= L '0 0.0 08= R "14'65°901= | S45°00 '00"W 100 0 .00 ' S V3 4 SVC26 L1L2 L3 L4 L5L6L7 L8 L9 L10 L11 L12L13 L14L15 L16 L17 L18 L19 L20 L46 L47L48 L49 L50 L51 L52 L53 L 54L55 L56 14'19'11'10'10'14'EHS1 EHS2 EHS4 EHS5EHS3 1 2 KEYNOTES 3 6 4 5 BY THIS PLAT PUBLIC PEDESTRIAN TRAIL EASEMENT GRANTED BK 62, PG 71, M&P PUBLIC PEDESTRIAN TRAIL EASEMENT PER EASMENT PER BK 62, PG 71, M&P PRIVATE PEDESTRIAN AND PUBLIC UTILITY 10' PRIVATE ROADWAY MAINTENANCE, PRIVATE SIGNAGE, SIGHT VISIBILITY EASEMENT GRANTED BY THIS PLAT GRANTED BY THIS PLAT 1' PRIVATE NO VEHICULAR ACCESS EASEMENT UTILITIES EASEMENT GRANTED BY THIS PLAT DRAINAGE IMPROVMENTS, SIGNAGE AND PUBLIC 10' PRIVATE ROADWAY MAINTENANCE, SLOPE, Marana Regular Town Council Meeting January 17, 2023 Page 56 of 311 0'40'20'80' SCALE: 1"= 40' LINE & CURVE TABLES SEE SHEETS 6 & 7 FOR SEE SHEET 6SEE SHEET 45 SEE SHEET 2 SEE SHEET 3CERTIFICATE N O.17479CERTIFICATE N O.A RI ZONA U.S.A.Dat eSigned ..........REGISTEREDLAND SUR VE Y ORDOUGLAS E. SCHNEIDERCERTIFICATENO.CERTIFICATE N O.Registered ProfessionalEngineer (Civil)A RI ZO NA U.S.A.Dat eSigned THOMPSON COREY 22217 FINAL PLAT FOR \\cp.rickeng.com\projects\T05000\5130_Boulder_Canyon_at_Dove_Mtn\Civil\TUC CorpStds 2005.dscript \\cp.rickeng.com\projects\T05000\5130_Boulder_Canyon_at_Dove_Mtn\Civil\5130fp05.dgn 03-JAN-2023 18:00c2023Rick Engineering CompanySEQUENCE #SEQUENCE # SHEET OF 7 J-5130 PRV2207-004 RANGE 12 EAST, GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. BK 62, PG 71, BEING A PORTION OF THE OF SECTION 15, TOWNSHIP 11 SOUTH BEING A RESUBDIVISION OF A PORTION OF BLOCK B OF DOVE MOUNTAIN RESORT & "B-1" THRU "B-3" LOTS 1 - 58, COMMON AREAS "A" & "A-1" AT DOVE MOUNTAIN BOULDER CANYON RELATED CASES: PRV-06012F, PRV2110-003, P21WC00348 "B-2" & "B-3" (OPEN SPACE, UTILTIES, DRAINAGE, GRADING & LANDSCAPING) COMMON AREA "B-1" (PUBLIC PEDESTRIAN TRAIL ACCESS & OPEN SPACE), COMMON AREA "A" (PRIVATE STREETS) , "A-1" (PRIVATE STREET & PUBLIC PEDESTRAIN TRAIL ACCESS), RD WARD REDLUOB N )TEERTS ETAVIRP( 2 2 2 2 2 21.0'21.0'21.0'21.0'1121.0'21.0'112 1 8-1 9-0 0 1 0 U N S U B DI VI D E D A G 2 1 8-1 9-0 0 1 0 U N S U B DI VI D E D A G 3 6 3 6 5 4 S F C A "B-3" 3 6 3 6 5 4 S F C A "B-3" 38 9 1 6 9 S F C A "B-2" 111 0 4 0 0 S F 1 0 4 0 0 S F 1 0 4 0 0 S F 1 0 4 0 0 S F 1 0 4 0 0 S F 1 0 8 1 1 S F 1 0 7 2 3 S F 1 0 4 0 0 S F 10 4 0 0 S F 1 0 4 0 0 S F 1 0 4 0 0 S F 1 3 1 2 9 S F 1 0 7 6 0 S F 1 0 4 0 0 S F 1 0 4 0 0 S F 1 0 4 0 0 S F 1 0 2 2 2 S F 9 9 3 6 S F 1 0 3 9 2 S F 1 0 4 0 0 S F 1 0 4 0 0 S F 1 0 4 0 0 S F 1 0 4 0 0 S F 1 0 4 0 0 S F 1 0 4 0 0 S F 1 1 8 1 8 S F 1 2 5 9 2 S F 1 2 7 1 4 S F 5 4 5 5 5 2 5 3 4 0 4 1 4 2 5 1 2 1 2 2 1 9 2 0 2 3 2 6 2 7 2 4 2 5 1 8 28 4 4 4 5 4 3 4 6 4 9 5 0 4 7 4 8 2 9 N47 °08 '09 "E 42 .02'18.87'N37°56'33"E 779.90' 18.04' N79°32'14"E 80.00' 84.00' 54.14' 3 3.3 3'474.51' 19.70'71.04' .371 R=2'1L= 79.94' 1 504°7"'1 5 .079 |=0' S37°56'33"W 673.82' N37°56'33"E 807.27' 233.59' 22R=001.'21L=521. ' S45 °00 '00"W 100 0 .00 ' 7"1 54|= 0'°5 80 .00 '80 .00 '59.08' 59.08' N37°56'33"E 807.27' 719.82' N37°56'33"E 779.90' N2°41'33"E 99.55' N44°22 '32"E 463 .42 'N21°48'01"E 129.14' N37°56'33"E 482.44' N44°22 '32 "E 410 .34 'N44°22 '32 "E 368 .13 '130.00'S45°37'28"E 148.87'80.00' 80.00' 11 .31 '59.96' 80 .00 '76 .63 '80.00' 80.00' 80.00' 80.00' 86 .69 '70.06' 48 .79 '80.00' 80.00' 80.00'S52°03'27"E 130.00'80.00'S52°03'27"E 130.00'S52°03'27"E 130.00'80.00' 80.00' 80.00'S52°03'27"E 130.00'80.00'S45°37'28"E 130.00'80 .00 '48 .13 '80 .00 '80 .00 '80 .00 '80 .00 'S45°37'28"E 130.00'80.00' 4 .67 '80.00'S52°03'27"E 130.00'40.23' 85 .67 '82.44'S52°03'27"E 130.00'80.00'S52°03'27"E 130.00'80.00'S52°03'27"E 130.00'80.00'S52°03'27"E 130.00'80.00'S52°03'27"E 130.00'S52°03'27"E 130.00'34.73'S45°37'28"E 130.00'62 .71 'S52°03'27"E 130.00'80.00'S52°03'27"E 130.00'79.94' 80.00'S52°03'27"E 130.00'80 .00 '80 .00 'S45°37'28"E 130.00'S45°37'28"E 130.00'80 .00 'S44°22 '32 "W 80 .00 '80 .00 'N58°31'52"W 116.97' 65 .42 'S45°37'28"E 130.00'80 .00 'S45°37'28"E 130.00'80 .00 'S45°37'28"E 130.00'377 . =6'R6 '150 L= 7" 0 '525 9" ° 000. =6 ' | ° 19L=1 0'.0 54|= 0 2'.4 20R= SV5 3 .31L= 7 7 .91 ' L= ' L= 11.0 1 0'613. 4 7.04 ' L=7 'L=38 L=3 ' .71 L= 407 7 '03.7 L=73 L=5 '.70 =57L .72'1 8 4 8 1 5 S F C A " A" N30°00'00"E 1469.06'S48°29'10"E 130.94' (RAD)S47°24'00"E 129.78' (RAD)N49°05'31"W 130.64' (RAD)S68°11'59"E 130.00' (RAD) N8 7°18'2 7"W 13 0.0 0' ( R A D) L24L25 L26 L27 L28 L29L3 0 L31 L32 L33 L34L3 5 L36 L37L38L39 L40 L41L42L43 L44 L45 L46 L56 L 57L58 L59L60 L61L62 L63 L64 L65 L66 L67 L68L69 L7 0 L71 L 72L73 L74 L 75L76 L77 L78 L79 L 8014'14'14'14'1 4'14'14'EHS 6 EHS7EHS8EHS9 EHS10 EHS11 1 2 KEYNOTES 3 6 4 5 BY THIS PLAT PUBLIC PEDESTRIAN TRAIL EASEMENT GRANTED BK 62, PG 71, M&P PUBLIC PEDESTRIAN TRAIL EASEMENT PER EASMENT PER BK 62, PG 71, M&P PRIVATE PEDESTRIAN AND PUBLIC UTILITY 10' PRIVATE ROADWAY MAINTENANCE, PRIVATE SIGNAGE, SIGHT VISIBILITY EASEMENT GRANTED BY THIS PLAT GRANTED BY THIS PLAT 1' PRIVATE NO VEHICULAR ACCESS EASEMENT UTILITIES EASEMENT GRANTED BY THIS PLAT DRAINAGE IMPROVMENTS, SIGNAGE AND PUBLIC 10' PRIVATE ROADWAY MAINTENANCE, SLOPE, Marana Regular Town Council Meeting January 17, 2023 Page 57 of 311 0'40'20'80' SCALE: 1"= 40' SV LINE TABLE SV CURVE TABLE 6 SEE SHEET 3 SEE SHEET 5SVE LINE TABLE LINE SV1 SV2 SV3 SV4 SV7 SV8 SV9 SV10 SV11 SV12 SV13 SV14 SV15 SV16 SV17 SV34 DIRECTION N14°26'45"E N80°40'48"E S71°00'21"E S38°34'02"E N34°59'27"W S43°04'52"E N38°34'02"W S66°15'22"W N51°25'58"E N81°38'05"E S77°10'38"W N81°41'29"E N79°32'14"E S77°16'49"W N24°23'02"E LENGTH 19.59' 67.75' 55.66' 96.03' 113.70' 86.77' 69.33' 179.17' 46.38' 11.72' 86.77' 69.33' 69.33' 173.41' 11.72' 11.66' N1°00'45"E SV5 S41°31'07"W SV6 N37°56'33"E 96.00' 113.66' CURVE TABLE CURVE SVC1 SVC2 SVC3 SVC4 SVC6 SVC7 SVC8 SVC9 SVC10 SVC11 SVC12 SVC26 DELTA 16°48'29" 56°38'08" 2°13'33" 44°11'50" 43°22'43" 55°58'39" 30°15'31" 34°40'17" 43°22'43" 43°22'43" 27°07'02" RADIUS 63.59' 25.01' 1031.00' 25.03' 25.00' 25.00' 179.00' 25.04' 25.00' 25.00' 25.00' LENGTH 18.65' 24.72' 40.05' 53.23' 19.31' 18.93' 24.42' 94.53' 15.16' 18.93' 18.93' 11.83' CHORD S38°33'04"W 18.59' S58°28'55"W 23.73' S85°41'46"W 40.05' N83°01'59"W 53.23' S16°26'53"E 18.83' N60°15'23"W 18.48' S70°03'14"E 23.46' N66°33'43"E 93.44' N34°04'11"E 14.93' N60°00'07"E 18.48' N57°50'53"E 18.48' S24°23'02"W 11.72' SVC5 44°14'33"25.00'19.30'N60°03'49"E 18.83' 2°57'30"1031.00'CERTIFICATE N O.17479CERTIFICATE N O.A RI ZONA U.S.A.Dat eSigned ..........REGISTEREDLAND SUR VE Y ORDOUGLAS E. SCHNEIDERCERTIFICATENO.CERTIFICATE N O.Registered ProfessionalEngineer (Civil)A RI ZONA U.S.A.Dat eSigned THOMPSON COREY 22217 FINAL PLAT FOR \\cp.rickeng.com\projects\T05000\5130_Boulder_Canyon_at_Dove_Mtn\Civil\TUC CorpStds 2005.dscript \\cp.rickeng.com\projects\T05000\5130_Boulder_Canyon_at_Dove_Mtn\Civil\5130fp06.dgn 03-JAN-2023 18:00c2023Rick Engineering CompanySEQUENCE #SEQUENCE # SHEET OF 7 J-5130 PRV2207-004 RANGE 12 EAST, GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. BK 62, PG 71, BEING A PORTION OF THE OF SECTION 15, TOWNSHIP 11 SOUTH BEING A RESUBDIVISION OF A PORTION OF BLOCK B OF DOVE MOUNTAIN RESORT & "B-1" THRU "B-3" LOTS 1 - 58, COMMON AREAS "A" & "A-1" AT DOVE MOUNTAIN BOULDER CANYON RELATED CASES: PRV-06012F, PRV2110-003, P21WC00348 "B-2" & "B-3" (OPEN SPACE, UTILTIES, DRAINAGE, GRADING & LANDSCAPING) COMMON AREA "B-1" (PUBLIC PEDESTRIAN TRAIL ACCESS & OPEN SPACE), COMMON AREA "A" (PRIVATE STREETS) , "A-1" (PRIVATE STREET & PUBLIC PEDESTRAIN TRAIL ACCESS), RD WARD REDLUOB N)TEERTS ETAVIRP()TEERTS ETAVIRP(22 22 2 DRN BOULDER VIEW21.0'21.0' 1121.0'21.0'1 2 1 8-1 9-0 0 1 0 U N S U B DI VI D E D A G 2 1 8-1 9-0 0 1 0 U N S U B DI VI D E D A G 3 21.0'21.0'3 8 9 1 6 9 S F C A "B-2" 3 8 9 1 6 9 S F C A "B-2" 3 6 3 6 5 4 S F C A "B-3" * 1 1 1 1 1 1 E XISTI N G = 724 cfs Q 100(T O T A L) 1 0 4 0 0 S F 9 6 0 0 S F 9 6 0 0 S F 9 6 0 0 S F 1 0 3 7 5 S F 1 0 3 8 3 S F 1 0 4 0 0 S F 1 0 4 0 0 S F 1 0 3 9 3 S F 1 1 8 1 8 S F 1 2 5 9 2 S F 2'5'22' 4 0 4 1 3 9 3 2 3 3 3 4 3 7 3 8 3 5 3 6 16'16'N10°27'46"W 134.61' 3 1.15' N9 0°0 0'0 0"E 822.4 7' 18 7.0 6' 4 2.3 1' 11 3.7 4' 4 2.77' 87.9 7' 44.61' 479.83' N79°32'14"E 80.00'29.70' 189.85' 474.51' N79°39'32"E 130.00'40.47' 10 5.00'167.43' 59.08' 59.08' N10°27'46"W 130.00' N30°00'00"E 1469.06' 60.84'129.83'80.00'80.00'S7 0°0 3'3 4"W 6.0 7' S10°34'40"E 130.00' N79°32'14"E 320.00'437.73'99.84'N2°41'33"E 99.55' N79°32'14"E 24 0 .00'N79°32'14"E 70 5.68'24.94'S79°39'32"W 129.83'N10°27'46"W 130.00' N10°27'46"W 120.00'116.13'N10°27'46"W 120.00' N10°27'46"W 129.17'80.00'80.00'S10°27'46"E 130.00'80.00'80.00'80.00'80.00'S10°27'46"E 120.00'80.00'S10°27'46"E 120.00'130.00'80.00'80.00'52.61'79.74'80.00'80.00'80.00'S10°27'46"E 130.00' S10°27'46"E 130.00'80.00'N10°27'46"W 318.37' N10°27'46"W 272.37'N10°27'46"W 272.37'N79°32'14"E 705.68'N79°32'14"E 344.74'SV16SV17SVC12 S34°32'14"W 38.74' L=39.2 7'R=2 5.0 0'=90°0 0'0 0" L=3 2.8 2' 42.00'S10°27'46"E '40.7 L=5 60.00'N10°27'46"W 2' L=3 9.2 7'R=2 5.0 0'=9 0°0 0'0 0" =9 0°00'0 0" 15.0 0' L=3 9.2 7'R=2 5.0 0'S10°20'28"E80.00'S10°36'43"E65.14' L=37.35' S79°3 2'14"W3 2.00' N10°2 7'4 6"W14.0 0' R=2 5.0 0'=8 5°35'3 6" S10°2 7'46"E | | | 1 8 4 8 1 5 S F C A " A" N8 7°18'27"W 13 0.0 0' ( R A D) L21 L22 L23 L24L25 L78 L79 L 8 0 L81 L82 L86 L87L88L89 L90 L 114 L115 L116 L117L118L119L120L121L122L 12 3 L124L125L126L127L128L129L132 L133 L134 L135 L13 6 L137 L 1 3 8 L139 L140 L141 L142 L143 L144 L 1 4 5L146 L147 L148 L14 9 L15 0L151 L152 L1 5 3 L154 L155 L156 L157 L158 L159 L160 L161 L 162L163 L164 L165L1 6 6 L167 L168L169 L170 L171 L172 L 184L185 L186 L187 L188L189 L190L191L192L193L194L195L196 L 197L198L199L200 L201 L202L206 L20 7L208L209 L210 L211L212 L213 L214L215 L216 L217 L218 L219 L220 L221 L222 L223 L224L225 L226L227L228 L229 L230 L231L232 L 233L234 L235 L236 L 237L238L23914'14'27'2 7'27'27'28'28'28'28'28' 27'28'EHS1 2EHS13 EHS15E H S 16EHS1927'2 8'L20 5 L204 EHS18EHS17L203 L241 L24 0 L242 L131 L130EHS14 L2431 2 KEYNOTES 3 6 4 5 BY THIS PLAT PUBLIC PEDESTRIAN TRAIL EASEMENT GRANTED BK 62, PG 71, M&P PUBLIC PEDESTRIAN TRAIL EASEMENT PER EASMENT PER BK 62, PG 71, M&P PRIVATE PEDESTRIAN AND PUBLIC UTILITY 10' PRIVATE ROADWAY MAINTENANCE, PRIVATE SIGNAGE, SIGHT VISIBILITY EASEMENT GRANTED BY THIS PLAT GRANTED BY THIS PLAT 1' PRIVATE NO VEHICULAR ACCESS EASEMENT UTILITIES EASEMENT GRANTED BY THIS PLAT DRAINAGE IMPROVMENTS, SIGNAGE AND PUBLIC 10' PRIVATE ROADWAY MAINTENANCE, SLOPE, SV16SV17 Marana Regular Town Council Meeting January 17, 2023 Page 58 of 311 7CERTIFICATENO.17479CERTIFICATE N O.A RI ZONA U.S.A.Dat eSigned ..........REGISTEREDLAND SUR VE Y ORDOUGLAS E. SCHNEIDERCERTIFICATENO.CERTIFICATE N O.Registered ProfessionalEngineer (Civil)A RI ZO NA U.S.A.Dat eSigned THOMPSON COREY 22217 FINAL PLAT FOR \\cp.rickeng.com\projects\T05000\5130_Boulder_Canyon_at_Dove_Mtn\Civil\TUC CorpStds 2005.dscript \\cp.rickeng.com\projects\T05000\5130_Boulder_Canyon_at_Dove_Mtn\Civil\5130fp07.dgn 03-JAN-2023 18:00c2023Rick Engineering CompanySEQUENCE #SEQUENCE # SHEET OF 7 J-5130 PRV2207-004 RANGE 12 EAST, GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA. BK 62, PG 71, BEING A PORTION OF THE OF SECTION 15, TOWNSHIP 11 SOUTH BEING A RESUBDIVISION OF A PORTION OF BLOCK B OF DOVE MOUNTAIN RESORT & "B-1" THRU "B-3" LOTS 1 - 58, COMMON AREAS "A" & "A-1" AT DOVE MOUNTAIN BOULDER CANYON RELATED CASES: PRV-06012F, PRV2110-003, P21WC00348 "B-2" & "B-3" (OPEN SPACE, UTILTIES, DRAINAGE, GRADING & LANDSCAPING) COMMON AREA "B-1" (PUBLIC PEDESTRIAN TRAIL ACCESS & OPEN SPACE), COMMON AREA "A" (PRIVATE STREETS) , "A-1" (PRIVATE STREET & PUBLIC PEDESTRAIN TRAIL ACCESS), FLOODPLAIN 100YR LINE TABLE LINE # L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 DIRECTION N54° 34' 20"E N42° 27' 14"E N30° 52' 26"E N11° 54' 11"W N57° 53' 42"E N81° 41' 36"E N02° 17' 28"E N05° 42' 27"W N06° 05' 53"E N22° 07' 10"E N33° 18' 24"E N17° 50' 31"W N32° 38' 29"E N55° 00' 26"W S37° 54' 08"W S74° 19' 05"W S33° 58' 14"W S17° 35' 33"W S22° 39' 30"W S28° 02' 12"W LENGTH 21.83' 18.64' 28.61' 55.47' 152.98' 14.71' 38.92' 22.47' 32.86' 56.26' 37.12' 62.44' 40.11' 10.00' 39.34' 59.59' 39.91' 64.92' 26.11' 48.35' FLOODPLAIN 100YR LINE TABLE LINE # L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 DIRECTION S28° 06' 31"W S09° 12' 41"W S04° 25' 51"W S36° 56' 09"W S37° 34' 00"W S26° 40' 36"W S04° 47' 25"W S11° 29' 23"W S37° 35' 29"W S65° 44' 56"W S37° 59' 32"W S01° 53' 18"E S39° 51' 54"W S73° 02' 13"W N76° 37' 25"W S73° 19' 46"W S46° 58' 41"W S54° 07' 12"W S41° 46' 06"W S23° 38' 24"W LENGTH 24.94' 61.89' 23.98' 120.52' 33.36' 67.44' 17.56' 56.75' 42.90' 45.02' 41.24' 81.98' 25.34' 55.78' 56.22' 33.98' 74.57' 25.62' 58.82' 83.18' FLOODPLAIN 100YR LINE TABLE LINE # L41 L42 L43 L44 L45 L46 L47 L48 L49 L50 L51 L52 L53 L54 L55 L56 L57 L58 L59 L60 DIRECTION S25° 09' 07"W S54° 37' 42"W S70° 29' 37"W S38° 30' 58"W S39° 04' 20"W S34° 20' 45"W S38° 11' 10"W S28° 41' 05"W S83° 16' 01"W S02° 17' 08"W N76° 57' 21"E N28° 04' 00"E N45° 26' 50"E N54° 00' 38"E N19° 35' 28"E N39° 10' 14"E N52° 02' 46"E N43° 42' 58"E N65° 09' 12"E N21° 09' 39"E LENGTH 32.52' 20.45' 39.84' 126.22' 178.47' 40.17' 227.27' 78.94' 127.29' 29.04' 143.46' 82.50' 53.15' 15.16' 32.43' 140.33' 38.95' 47.27' 34.05' 52.69' FLOODPLAIN 100YR LINE TABLE LINE # L61 L62 L63 L64 L65 L66 L67 L68 L69 L70 L71 L72 L73 L74 L75 L76 L77 L78 L79 L80 DIRECTION N62° 35' 06"E N74° 13' 44"E N31° 02' 06"E N26° 31' 10"E N47° 34' 05"E N23° 43' 58"E N41° 13' 05"E N60° 24' 47"E N43° 48' 47"E S85° 57' 01"E N80° 53' 03"E N52° 58' 34"E N19° 21' 19"E N00° 06' 09"W N52° 50' 58"E N33° 42' 09"E N08° 03' 09"E N36° 26' 52"E N19° 05' 41"E N50° 29' 49"E LENGTH 44.43' 38.93' 37.02' 87.72' 60.57' 58.16' 71.76' 21.64' 87.09' 52.88' 49.53' 43.56' 61.07' 55.02' 113.41' 34.71' 81.79' 64.98' 16.68' 80.97' FLOODPLAIN 100YR LINE TABLE LINE # L81 L82 L83 L84 L85 L86 L87 L88 L89 L90 L91 L92 L93 L94 L95 L96 L97 L98 L99 L100 DIRECTION N23° 32' 14"E N03° 06' 11"E N74° 24' 53"E N80° 18' 23"E N78° 39' 25"E N78° 39' 25"E N76° 05' 41"E N10° 40' 29"W S77° 29' 20"W S81° 06' 16"W S80° 40' 05"W N88° 59' 19"W N79° 43' 06"W S74° 40' 13"W S54° 49' 06"W S64° 35' 25"W S85° 06' 55"W NOT SHOWN NOT SHOWN NOT SHOWN LENGTH 55.75' 78.72' 39.23' 125.63' 110.39' 110.39' 27.23' 27.16' 27.23' 102.50' 152.41' 81.69' 57.26' 7.89' 30.16' 29.02' 24.73' FLOODPLAIN 100YR LINE TABLE LINE # L101 L102 L103 L104 L105 L106 L107 L108 L109 L110 L111 L112 L113 L114 L115 L116 L117 L118 L119 L120 DIRECTION NOT SHOWN NOT SHOWN NOT SHOWN NOT SHOWN NOT SHOWN NOT SHOWN NOT SHOWN NOT SHOWN NOT SHOWN NOT SHOWN NOT SHOWN NOT SHOWN NOT SHOWN NOT SHOWN S74° 47' 00"W S36° 03' 10"W S01° 19' 50"W S56° 41' 44"W S27° 32' 59"W S57° 57' 51"W LENGTH 42.46' 18.96' 25.70' 21.56' 44.42' 43.49' EROSION HAZARD SETBACK LINE TABLE LINE # EHS1 EHS2 EHS3 EHS4 EHS5 EHS6 EHS7 EHS8 EHS9 EHS10 EHS11 EHS12 EHS13 EHS14 EHS15 EHS16 EHS17 EHS18 EHS19 DIRECTION S37° 54' 08"W S32° 38' 29"W N17° 50' 31"W S28° 04' 00"W N83° 08' 36"E S70° 29' 37"W S19° 30' 23"E S66° 21' 36"E N23° 38' 24"E S46° 58' 41"W S00° 18' 54"E N67° 14' 43"E S22° 45' 17"E N76° 55' 51"E S38° 39' 49"E S51° 20' 11"W N12° 57' 14"W S77° 02' 46"W N55° 24' 38"W LENGTH 22.50' 27.14' 58.45' 77.76' 20.58' 24.91' 14.00' 14.00' 52.21' 63.95' 19.50' 97.31' 27.00' 18.49' 27.00' 44.09' 36.56' 28.00' 28.00' FLOODPLAIN 100YR LINE TABLE LINE # L141 L142 L143 L144 L145 L146 L147 L148 L149 L150 L151 L152 L153 L154 L155 L156 L157 L158 L159 L160 DIRECTION N16° 54' 52"E S79° 39' 22"W S15° 50' 34"W S26° 46' 21"W S49° 16' 55"W S10° 11' 08"E N79° 17' 20"E N79° 17' 20"E N75° 06' 28"E N83° 30' 47"E N54° 03' 18"E N34° 44' 40"E N67° 14' 43"E N39° 00' 55"E N44° 52' 11"E N22° 29' 32"E N02° 05' 33"E N41° 46' 27"E N08° 47' 25"E N33° 56' 46"E LENGTH 34.76' 31.97' 118.77' 19.89' 29.62' 34.82' 128.84' 128.84' 71.21' 35.65' 9.80' 19.93' 105.63' 58.42' 19.89' 24.20' 46.18' 30.01' 62.61' 17.19' FLOODPLAIN 100YR LINE TABLE LINE # L161 L162 L163 L164 L165 L166 L167 L168 L169 L170 L171 L172 L173 L174 L175 L176 L177 L178 L179 L180 DIRECTION N25° 35' 44"E N53° 32' 26"E N36° 17' 59"E N43° 18' 01"E N55° 57' 46"E N68° 24' 01"E N36° 07' 05"E N56° 33' 07"E N42° 00' 00"E N00° 44' 03"W N36° 05' 18"E NOT SHOWN NOT SHOWN NOT SHOWN NOT SHOWN NOT SHOWN NOT SHOWN NOT SHOWN NOT SHOWN NOT SHOWN LENGTH 61.40' 49.50' 87.22' 58.99' 50.28' 15.29' 58.63' 13.79' 57.29' 22.16' 42.36' 28.36' FLOODPLAIN 100YR LINE TABLE LINE # L121 L122 L123 L124 L125 L126 L127 L128 L129 L130 L131 L132 L133 L134 L135 L136 L137 L138 L139 L140 DIRECTION N69° 25' 19"W S79° 40' 47"W S49° 51' 09"W S30° 21' 36"W S54° 58' 51"W S25° 07' 59"W S44° 37' 42"W S62° 07' 51"W S51° 20' 11"W N77° 39' 29"E N76° 13' 22"E N11° 00' 17"W S29° 34' 40"W S39° 31' 50"W S33° 49' 34"W S82° 17' 35"W S78° 37' 21"W N81° 44' 33"W N11° 44' 27"E N19° 29' 56"E LENGTH 32.60' 24.93' 26.94' 54.23' 35.61' 52.21' 28.40' 46.52' 41.26' 19.84' 32.26' 135.78' 33.26' 118.88' 96.97' 93.53' 191.02' 22.62' 61.04' 55.19' FLOODPLAIN 100YR LINE TABLE LINE # L181 L182 L183 L184 L185 L186 L187 L188 L189 L190 L191 L192 L193 L194 L195 L196 L197 L198 L199 L200 DIRECTION NOT SHOWN NOT SHOWN NOT SHOWN S53° 15' 47"W S36° 05' 49"W S16° 00' 14"W S03° 01' 48"W S23° 19' 24"E S00° 09' 17"E S44° 58' 50"W S20° 40' 57"W S55° 17' 26"W S89° 41' 12"W S70° 25' 28"W S55° 44' 12"W S42° 50' 19"W S48° 52' 28"W S58° 16' 58"W S60° 07' 33"W S36° 52' 10"W LENGTH 27.42' 13.14' 12.85' 6.20' 30.76' 13.22' 14.24' 17.16' 8.55' 23.02' 74.30' 52.88' 19.72' 35.00' 9.70' 28.55' 32.39' FLOODPLAIN 100YR LINE TABLE LINE # L221 L222 L223 L224 L225 L226 L227 L228 L229 L230 L231 L232 L233 L234 L235 L236 L237 L238 L239 DIRECTION N39° 17' 49"E N26° 59' 06"E N08° 46' 24"E N25° 59' 28"W N24° 03' 52"E N57° 43' 52"E N60° 18' 21"E N40° 59' 58"E N28° 00' 46"E N34° 43' 37"E N55° 30' 51"E N43° 40' 33"E N51° 44' 48"E N37° 47' 51"E N24° 51' 19"E N11° 55' 45"E N52° 56' 43"E N79° 52' 44"E S70° 32' 57"E LENGTH 42.67' 42.57' 15.73' 25.22' 7.05' 39.29' 29.46' 48.17' 28.82' 28.91' 48.28' 16.29' 24.82' 24.66' 22.34' 36.52' 64.43' 6.42' 18.78' L240 N81° 30' 46"E 20.02' FLOODPLAIN 100YR LINE TABLE LINE # L201 L202 L203 L204 L205 L206 L207 L208 L209 L210 L211 L212 L213 L214 L215 L216 L217 L218 L219 L220 DIRECTION S09° 35' 26"W S24° 12' 53"E S12° 57' 14"E N82° 54' 49"E S79° 32' 14"W S83° 18' 35"W S76° 16' 00"W S56° 04' 44"W S44° 21' 41"W S39° 02' 15"W S28° 15' 03"W S20° 38' 11"W S14° 45' 37"W S79° 19' 49"W N22° 53' 04"E N14° 19' 50"E N28° 45' 59"E N31° 41' 09"E N34° 35' 22"E N34° 35' 22"E LENGTH 43.53' 9.91' 36.88' 51.36' 251.16' 49.58' 24.03' 5.96' 6.98' 5.54' 8.56' 17.94' 93.74' 33.05' 10.36' 108.04' 11.50' 11.47' 19.19' 46.44' FLOODPLAIN 100YR LINE TABLE LINE # L241 L242 DIRECTION N75° 30' 59"E N78° 04' 33"E LENGTH 8.54' 39.20' L243 N63° 57' 35"W 44.81' Marana Regular Town Council Meeting January 17, 2023 Page 59 of 311 © Latitude Geographics Group Ltd. 0.6 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.6 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.280 1:18,056 Final Plat for Boulder Canyon at Dove Mountain Lots 1-58Town of Marana Planning Marana Town Limits Parcel Labels Parcels (Black) Section Lines Boulder Canyon at Dove Mountain Lots 1-58 Dove Mountain Boulevard Do v e M o u n t a i n B o u l e v a r dSecret Springs Drive Ritz Carlton Boulder Bridge PassBoulder B r i d g e P a s s Marana Regular Town Council Meeting January 17, 2023 Page 60 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 61 of 311      Council-Regular Meeting   C6        Meeting Date:01/17/2023   To:Mayor and Council Submitted For:Curry C. Hale, Human Resources Director From:Libby Shelton, Deputy Town Attorney Date:January 17, 2023 Strategic Plan Focus Area: Proactive Public Services Subject:Resolution No. 2023-006: Relating to Personnel; authorizing Town staff to send 60-day notice of termination of 457 deferred compensation plan to the ICMA Retirement Corporation and to begin transition process to Nationwide Retirement Solutions 457 plan (Curry Hale) Discussion: The Town Council adopted the deferred compensation plan and appointed ICMA Retirement Corporation (hereinafter "ICMA") to serve as administrator of the plan on November 15, 1994 in Resolution No. 94-34. The Arizona Legislature passed Senate Bill 1348 Consolidation of State Deferred Compensation Plans, and it was signed by Governor Ducey with an effective date of September 29, 2021.  This legislation mandates that as of July 1, 2022, any employee of an Arizona State Retirement System (ASRS) employer will have the opportunity to voluntarily participate in any deferred compensation plan offered by ASRS, so long as the employee meets the eligibility requirements for the specific plan.  If an employee of an ASRS employer elects to participate in a deferred compensation plan, the employee's employer must withhold contributions from the employee's compensation and remit those contributions to the deferred compensation plan on behalf of the employee.   All the ASRS supplemental savings plans are administered by Nationwide Retirement Solutions.  In order to comply with legislation, the Town must have an option for employees to have a 457 plan with Nationwide Retirement Solutions.  Additionally, upon reviewing both ICMA Retirement Corporation's 457 plan and Nationwide's 457 Marana Regular Town Council Meeting January 17, 2023 Page 62 of 311 plan, Town staff determined that it is more financially advantageous to Town employees to have all 457 plans administered by Nationwide Retirement Solutions.  Town staff intends to bring the Nationwide 457 deferred compensation plan to Council in the near future for adoption to ensure the plan is active on the first day of open enrollment on March 25, 2023 and to ensure there is no gap between the termination of the contract with ICMA and beginning of contract with Nationwide.   Staff Recommendation: Staff recommends adoption of Resolution No. 2023-006 authorizing Town staff to send a 60-day notice of termination of 457 deferred compensation plan to the ICMA Retirement Corporation and to begin transition process to Nationwide Retirement Solutions 457 plan. Suggested Motion: I move to adopt Resolution No. 2023-006 authorizing Town staff to send a 60-day notice of termination of 457 deferred compensation plan to the ICMA Retirement Corporation and to begin transition process to Nationwide Retirement Solutions 457 plan. Attachments Resolution No. 2023-006 Marana Regular Town Council Meeting January 17, 2023 Page 63 of 311 - 1 - Resolution No. 2023-006 MARANA RESOLUTION NO. 2023-006 RELATING TO PERSONNEL; AUTHORIZING TOWN STAFF TO SEND 60-DAY NO- TICE OF TERMINATION OF 457 DEFERRED COMPENSATION PLAN TO THE ICMA RETIREMENT CORPORATION AND TO BEGIN TRANSITION PROCESS TO NA- TIONWIDE RETIREMENT SOLUTIONS 457 PLAN WHEREAS on November 15, 1994, the Town Council adopted Resolution No. 94- 34 adopting the deferred compensation plan and appointing ICMA Retirement Corpora- tion (hereinafter “ICMA”) to serve as administrator of the plan; and WHEREAS the Arizona Legislature passed Senate Bill 1348 Consolidation of State Deferred Compensation Plans which was subsequently signed by Governor Ducey with an effective date of September 29, 2021; and WHEREAS SB 1348 mandates that as of July 1, 2022, any employee of an Arizona State Retirement System (hereinafter “ASRS”) employer will have the opportunity to vol- untarily participate in any deferred compensation plan offered by ASRS; and WHEREAS all the ASRS supplemental plans are administered by Nationwide Re- tirement Solutions (hereinafter “Nationwide”), therefore the Town must offer plans ad- ministered by Nationwide as an option for employees; and WHEREAS upon reviewing both ICMA and Nationwide, Town staff determined that the 457 plan administered by Nationwide is financially advantageous to employees and therefore Town staff seek to terminate our agreement with ICMA and transition to Nationwide effective March 25, 2023; and WHEREAS in order to terminate our agreement with ICMA, Town staff must send a 60-day notice of termination to ICMA; and WHEREAS Town staff intends to bring forward the Nationwide 457 plan for for- mal adoption before the March 25, 2023 effective date; and WHEREAS the Town Council finds that adopting this resolution authorizing Town staff to send 60-day notice of termination of 457 deferred compensation plan to the ICMA Retirement Corporation and to begin transition process to Nationwide 457 plan is in the best interests of the Town and its citizens. Marana Regular Town Council Meeting January 17, 2023 Page 64 of 311 - 2 - Resolution No. 2023-006 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Town staff is hereby authorized to send 60-day notice of termination of the Town’s current 457 deferred compensation plan to the ICMA Retirement Corporation and to begin the transition process to Nationwide Retirement Solutions 457 plan. SECTION 2. The Town Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms of this Reso- lution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 17th day of January, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting January 17, 2023 Page 65 of 311      Council-Regular Meeting   C7        Meeting Date:01/17/2023   To:Mayor and Council Submitted For:David L. Udall, Town Clerk/Assistant Town Attorney From:Richelle Valenzuela, Executive Assistant Date:January 17, 2023 Subject:Approval of Regular Council Meeting Summary Minutes of December 20, 2022 and of Special Council Meeting Summary Minutes of December 20, 2022 (David L. Udall) Attachments Regular Council Meeting Summary Minutes, 12/20/2022 Special Council Meeting Summary Minutes, 12/20/2022 Marana Regular Town Council Meeting January 17, 2023 Page 66 of 311 Council Regular Meeting Summary Minutes December 20, 2022 Page 1 of 6 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 20, 2022, 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 SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:01 PM and directed the Town Clerk to call the roll. Council Member Ziegler was absent. All other Council Members were present, constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Council Member Comerford moved to remove Item C3 from the Consent Agenda. Vice Mayor Post seconded the motion. Motion passed, 6-0. CALL TO THE PUBLIC PROCLAMATIONS Marana Regular Town Council Meeting January 17, 2023 Page 67 of 311 Council Regular Meeting Summary Minutes December 20, 2022 Page 2 of 6 MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea briefly reported on the Special Council Meeting held earlier in the day. Minutes of that meeting are on file with the Town Clerk’s Office. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Town Manger Terry Rozema said the Town issued 15 single-family residential permits so far in December. Last December, there were 96 total permits issued. He praised the December 15, 2022 Concert in the Courtyard, highlighted the Real Talk with the Town podcast, and highlighted the LIV golf tournament coming to the Town in March. PRESENTATIONS CONSENT AGENDA C1 Resolution No. 2022-129: Relating to Administration; rescinding Resolution No. 2021-126 which approved the Marana Public Art Policy (Libby Shelton) C2 Resolution No. 2022-130: Relating to Budget; approving the transfer of up to $750,000 in budgeted expenditure authority from the General Fund contingency line item to the Technology Services Department budget in the fiscal year 2022 -2023 budget for the purchase and installation of computer hardware (Yiannis Kalaitzidis) [Item C3 was removed from the agenda.] C4 Approval of the Regular Council Meeting Summary Minutes of December 6, 2022 (David L. Udall) Vice Mayor Post moved to approve the consent agenda. Council Member Kai seconded the motion. Motion passed, 6-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B1 Resolution No. 2022-132: Relating to Benefits; appointing Thomas Plantz and Franklin Garrett as Trustees for the Marana Health Care Benefits Trust for four-year terms, retroactively effective from November 20, 2021 (Curry Hale) Marana Regular Town Council Meeting January 17, 2023 Page 68 of 311 Council Regular Meeting Summary Minutes December 20, 2022 Page 3 of 6 Vice Mayor Post moved to adopt Resolution No. 2022-132. Council Member Comerford seconded the motion. Motion passed, 6-0. B2 Resolution No. 2022-133: Relating to Boards, Commissions, and Committees; making an appointment to the Town of Marana Utilities Board (David L. Udall) Vice Mayor Post moved to go into executive session. Council Member Kai seconded the motion. Motion passed, 6-0. [An executive session was held under Item E2 below, beginning at 6:07 PM and concluding at 6:24 PM.] Mayor Honea said the Council was impressed with both applicants and hoped both would stay involved in the Town of Marana. Council Member Craig moved to appoint Emily Bridson to the Town of Marana Utilities Board. Vice Mayor Post seconded the motion. Motion passed, 6-0. COUNCIL ACTION A1 PUBLIC HEARING: Ordinance No. 2022.028: Relating to Development; approving a rezoning of approximately .53 acres of Block C of the final block plat for Willow Ridge, located at the southeast corner of Cortaro Farms Road and Sandy Desert Trail, from R-16 (Residential) to NC (Neighborhood Commercial); approving a modification of a rezoning condition of Marana Ordinance No. 2004.07, which approved the rezoning for the 104-acre Willow Ridge development, to delete a condition that prohibits two-story construction within 300 feet of Cortaro Farms Road as it applies to Block C, a 3.81-acre parcel (Brian Varney) Mayor Honea opened the public hearing at 6:25 PM. Senior Planner Brian Varney presented on this item. A copy of the PowerPoint presentation is on file in the Town Clerk’s Office. Mr. Varney explained this item involved a request by Lazarus & Silvyn, PC to rezone approximately .53 acres of Block C of the final block plat for Willow Ridge, located at the southeast corner of Cortaro Farms Road and Sandy Desert Trail, from R-16 (Residential) to NC (Neighborhood Commercial) and to modify rezoning condition number six of Marana Ordinance No. 2004.07 to allow for two-story construction on the applicant’s property. He said the Marana Planning Commission unanimously recommended approval of this item. Marana Regular Town Council Meeting January 17, 2023 Page 69 of 311 Council Regular Meeting Summary Minutes December 20, 2022 Page 4 of 6 The president of the Willow Ridge Home Owners Association addressed the Council in opposition to the proposed rezoning. General concerns related to increased density and the rezoning’s effect on property values. Mayor Honea closed the public hearing at 6:32 PM. Council Member Comerford moved to adopt Ordinance No. 2022.028. Vice Mayor Post seconded the motion. Motion passed, 6-0. A2 PUBLIC HEARING: Resolution No. 2022-134: Relating to Development; adopting a minor amendment to the Marana 2040 General Plan to provide that proposed major amendments to the general plan shall be presented at a public hearing within twelve months of when the amendment is proposed (Jane Fairall) Mayor Honea opened the public hearing at 6:33 PM. Town Attorney Jane Fairall presented on this item. Ms. Fairall explained that this item involved a proposed minor amendment to the General Plan that will affect when the Town will hear proposed major amendments to the General Plan. The proposed minor amendment is designed to comply with a change in state law. Mayor Honea closed the public hearing at 6:34 PM. Vice Mayor Post moved to adopt Resolution No. 2022-134. Council Member Officer seconded the motion. Motion passed, 6-0. A3 Ordinance No. 2022.029: Relating to Development; adopting development impact fees for street facilities, parks and recreation facilities, water facilities, water resources, and wastewater facilities; accepting and approving the technical fee reports ident ifying benefit areas and facilities needs; and providing an effective date (Fausto Burruel, Jim Conroy, Jing Luo) Public Works Director / Acting Town Engineer Fausto Burruel presented on this item. A copy of the PowerPoint presentation is on file with th e Town Clerk’s Office. Mr. Burruel reminded the Council of the impact fee requirements outlined in A.R.S. § 9- 463.05, of the impact fee milestones and process as completed to date, and of the process and timeline going forward. He updated the Council on changes that have occurred since the September 30, 2022 draft fee documents posting and went over the proposed base impact fees. For more information, and to view comparison tables, please see the PowerPoint slides. Marana Regular Town Council Meeting January 17, 2023 Page 70 of 311 Council Regular Meeting Summary Minutes December 20, 2022 Page 5 of 6 Vice Mayor Post moved to adopt Ordinance No. 2022.029. Council Member Comerford seconded the motion. Motion passed, 6-0. ITEMS FOR DISCUSSION / POSSIBLE ACTION 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). E2 Executive Session pursuant to A.R.S. § 38-431.03(A)(1) for discussion, consideration, and possible interviews of candidates for appointment to the Town of Marana Utilities Board. 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). Mayor Honea asked for future agenda items. Vice Mayor Post requested an agenda item regarding the need for a new interchange. Mayor Honea said the item would be added. ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post moved to adjourn the meeting. Meeting adjourned at 6:50 PM. Marana Regular Town Council Meeting January 17, 2023 Page 71 of 311 Council Regular Meeting Summary Minutes December 20, 2022 Page 6 of 6 CERTIFICATION I hereby certify that the forgoing are the true and correct minutes of the Marana Town Council meeting held on December 20, 2022. I further certify that a quorum was present. ____________________________________ David L. Udall, Town Clerk Marana Regular Town Council Meeting January 17, 2023 Page 72 of 311 Special Council Meeting Summary Minutes December 20, 2022 Page 1 of 3 MARANA TOWN COUNCIL SPECIAL COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Board Room, December 20, 2022, at or after 9:00 AM 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 SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 9:19 AM and directed the Town Clerk to call the roll. Council Member Craig, Council Member Comerford, and Council Member Ziegler were excused. All other Council Members were present, constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA A motion was made and seconded to approve the agenda as presented. Motion passed, 4- 0. ITEMS FOR DISCUSSION/POSSIBLE ACTION Marana Regular Town Council Meeting January 17, 2023 Page 73 of 311 Special Council Meeting Summary Minutes December 20, 2022 Page 2 of 3 D1 Relating to Intergovernmental Relations; discussion with the Town’s legislative delegates regarding the Town of Marana, including the Town’s operations, projected growth, and legislative priorities (Terry S. Rozema) Mayor Honea asked those present to introduce themselves. Representative-elect Rachel Jones, Representative-elect Cory McGarr, and Senator-elect Justine Wadsack, each of whom will represent Legislative District No. 17 in the 2023 Legislative Session, introduced themselves to the Council. Triadvocates Principal Julie Rees, Public Affairs Advisor Lourdes Pena, and Public Affairs Advisor Roxanna Pitones introduced themselves. Council Members and Town staff introduces themselves. Town Manager Terry Rozema briefly introduced the meeting’s topic. He referenced the 2023 Marana Legislative Policy Priority Program document, a copy of which is on file with the Town Clerk’s Office. Mayor Honea, Council Members, Representative-elect Jones, Representative-elect McGarr, Senator-elect Wadsack, Triadvocates representatives, and Town staff participated in a discussion regarding the Town’s operations, projected growth, and legislative priorities for the upcoming 2023 Legislative Session. General topics included water resources, water quality, emergency drought assistance, power generation, economic conditions, revenue sharing, taxation, impact fees, policing issues and resources, traffic and related infrastructure investment, the Town’s opposition to legislation curtailing local zoning regulations, and group home licensing and permitting. 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). Marana Regular Town Council Meeting January 17, 2023 Page 74 of 311 Special Council Meeting Summary Minutes December 20, 2022 Page 3 of 3 ADJOURNMENT Vice Mayor Post moved to adjourn the meeting. Motion passed, 4-0. Meeting adjourned at 11:16 AM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council special meeting held on December 20, 2022. I further certify that a quorum was present. ______________________________________ David L. Udall, Town Clerk Marana Regular Town Council Meeting January 17, 2023 Page 75 of 311      Council-Regular Meeting   A1        Meeting Date:01/17/2023   To:Mayor and Council Submitted For:Scott Radden, Senior Planner From:Scott Radden, Senior Planner Date:January 17, 2023 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Ordinance No. 2023.001: Relating to Development; approving a rezoning of approximately 154.5 acres of land generally located between Marana Road and Grier Road, east of Wentz Road from Zone A - Small Lot Zone to R-4 Residential; and approving and authorizing the Mayor to sign the Development Agreement Regarding Streets Development Impact Fee Credits for the Wentz 154 Development Project (Scott S. Radden) Discussion: Request Lazarus & Silvyn, P.C. is requesting approval from the Marana Town Council to rezone approximately 154.5 acres of land from A – Small Lot Zone to R-4 Residential. The property is generally located between Marana Road and Grier Road, east of Wentz Road in the SW1/4 of Section 20, Township 11S, Range 11E. Marana General Plan The 2040 Marana General Plan designates the proposed rezoning area the land use category of Traditional Neighborhood (TN) that accommodates a range residential densities between 2 and 18 dwelling units per acre, along with limited commercial, offices, education, and religious institutions. Surrounding Land Use and Site Characteristics The project area is bordered on the north by Marana Road and then by vacant land Marana Regular Town Council Meeting January 17, 2023 Page 76 of 311 zoned ‘SP’ (Ranch House Specific Plan) that has been graded in the past. To the east is agricultural land zoned ‘SP’ (Marana Towne Center) and a small, one acre parcel zoned A – Small Lot Zone. Grier Road is to the south and the agricultural land beyond that is zoned B – Medium Lot Zone. The land to the west is Wentz Road and land zoned A – Small Lot Zone, also with agricultural uses. The subject property has been farmed since the 1930s and includes an abandoned single family residence and auto repair shop adjacent to Marana Road. The overall site is characterized by a flat topography and is impacted by sheet flooding, predominantly from the east in a northwesterly manner, and accumulates near the northwest corner of the property where an existing depression containing clusters of native trees acts as a detention basin. A majority of the project area falls under FEMA Zone X with approximately thirty percent of the property in FEMA Zone A01. Proposed Land Use The proposed 154.5 acre rezoning area will feature various residential lot sizes, all of which are supported by the Town’s R-4 Residential zone, for up to 750 homes with an overall project density of 4.85 dwelling units per acre. The preliminary development plan depicts the residential development with parks and open space throughout. A five acre community recreational amenity space will be incorporated into the development as well as additional parks and trails that will comply with the Town’s minimum recreational area per the Subdivision Recreational Area Design manual, which requires 400 square feet of recreational area per unit (or a total of about 6.9 acres for 750 homes). Comprehensive Town reviews, including all improvement plans, landscape plans, and recreation plans, will be performed for all proposed development and compliance with the Town’s Residential Design Standards will be required. Access and Circulation Access to the rezoning area is proposed at two locations off of Marana Road and Wentz Road. The proposed project will utilize the Town's standard internal street section with a 42-foot right of way (ROW) width. The two internal collector roads will be constructed with a 90-foot ROW width with 2 travel lanes, a continuous striped left-turn lane collector roads will be constructed with a 90-foot ROW width with 2 travel lanes, a continuous striped left-turn lane and striped bike lanes. A traffic study has been reviewed by the Marana Traffic Engineering Division. Utilities The rezoning area is located within the Town of Marana’s intended water service area. A water service agreement will be required by Marana Water and all necessary on-site and off-site water infrastructure will be required to be constructed by the property owner / developer at the time of development. The rezoning area is also located within the Town’s wastewater service area and will connect to an existing sanitary sewer located within the Marana Road ROW. The property owner will need to apply for annexation to the Northwest Fire District prior to development.  Tucson Electric Power (TEP) serves the site as well as Southwest Gas and Comcast. Citizen Participation Marana Regular Town Council Meeting January 17, 2023 Page 77 of 311 The applicants directly notified, by correspondence, all property owners within 1000 feet offering to meet and discuss the project. No property owners responded to the letter as of writing this report. Public Notification This public hearing was properly noticed in The Daily Territorial and all property owners within 300 feet of the boundary of the rezoning area were sent notification by first class mail of the date, time, and topic of the public hearing. Additional notice was posted at various locations within the community. Case Analysis Review Criteria Pursuant to Town Code section 17-3-1(D), the Planning Commission and Town Council shall consider the following criteria, at a minimum, in reviewing an application for rezoning: Any change of character in the area due to installation of public facilities, other zone changes, new growth trends, deterioration, and development; 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; With the acceptance of the recommended conditions, this rezoning will benefit the community by fulfilling proposed future land use designation in the 2040 General Plan and supports “a range of residential densities and types to encourage housing diversity.” 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; Based on the recommended requirements and conditions, the rezoning amendment is compatible with the surrounding area and does not appear to 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; 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; Based on the recommended requirements and conditions, the rezoning amendment is compatible with the surrounding properties zoning and existing land uses . Whether the existing and proposed transportation infrastructure is suitable and adequate to serve the traffic anticipated to be generated by the proposed development; With the acceptance of the recommended conditions, the existing and proposed Marana Regular Town Council Meeting January 17, 2023 Page 78 of 311 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; 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; 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; Based upon the rezoning requirements and conditions, this rezoning amendment is compatible with the adjacent neighborhood in area stability and character. Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs; Based upon the rezoning 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. Development Agreement In addition to the rezoning, the proposed ordinance will also approve and authorize the Mayor to sign a development agreement with the developer regarding funding of the Marana Road/I-10 traffic interchange projects. The agreement requires the developer to pay $295,575 up-front towards the projects, those being the Marana TI phase 1 project and the Tangerine Farms Road extension as identified in the September 20, 2022 Streets Infrastructure Improvement Plan (IIP), on or before issuance of the first building permit for the first habitable structure in the Rezoning Area. The developer is entitled to credit pursuant to the development impact fee law (A.R.S. § 9-463.05) toward the payment of the Town’s adopted streets development impact fees in connection with the development of the project for the advance payment, and the agreement memorializes the amount and administration of the development impact fee credit.  Staff Recommendation: This is a discretionary item for the Town Council to consider. Should the Town Council choose to approve this item, staff recommends it be based upon the recommended findings and subject to the conditions set forth in the draft ordinance attached and the terms and conditions of the development agreement. Planning Commission Recommendation  The proposed rezoning was considered at a public hearing before the Marana Planning Commission on November 30, 2022. The Planning Commission voted unanimously 7-0 to recommend to the Town Council approval of the requested rezoning. Suggested Motion: Marana Regular Town Council Meeting January 17, 2023 Page 79 of 311 I move to adopt Ordinance No. 2023.001, approving the Wentz 154 Rezoning with the recommended conditions and approving the Development Agreement Regarding Streets Development Impact Fee Credits for the Wentz 154 Development Project. Attachments Ordinance No. 2023.001 Exhibit A to Ordinance Development Agreement Wentz154_Final Copy Location Map_Wenz154 Application Marana Regular Town Council Meeting January 17, 2023 Page 80 of 311 Ordinance No. 2023-001 - 1 - MARANA ORDINANCE NO. 2023.001 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 154.5 ACRES OF LAND GENERALLY LOCATED BETWEEN MARANA ROAD AND GRIER ROAD, EAST OF WENTZ ROAD FROM ZONE A - SMALL LOT ZONE TO R-4 RESIDENTIAL; AND APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE DEVELOPMENT AGREEMENT REGARDING STREETS DEVELOPMENT IMPACT FEE CREDITS FOR THE WENTZ 154 DEVELOPMENT PROJECT WHEREAS MC RB LAND 154 Marana LLC (the “Property Owners”) owns 154.5 acres of land located between Marana Road and Grier Road, east of Wentz Road, in the SW 1/4 of Section 20, Township 11S, Range 11E, described on Exhibit “A” attached to and incorporated in this ordinance by this reference (the “Rezoning Area;” also known as the “Wentz 154 Development Project”); and WHEREAS the Property Owners have authorized Lazarus & Silvyn, P.C to submit an application to rezone the Rezoning Area from Zone A - Small Lot Zone to R-4 Residential (“this Rezoning”); and WHEREAS the Marana Planning Commission held a public hearing on this Rezoning on November 30, 2022, and voted 7-0 to recommend that the Town Council approve this Rezoning, subject to the recommended conditions; and WHEREAS Town staff has negotiated the terms of the Development Agreem ent Regarding Streets Development Impact Fee Credits for the Wentz 154 Development Project to address funding of the Marana Road/I-10 traffic interchange projects; and WHEREAS the Marana Town Council finds that Development Agreement Regarding Streets Development Impact Fee Credits for the Wentz 154 Development Project, provided in the agenda materials associated with this Council agenda item, is consistent with the Marana General Plan, this Rezoning, and all other applicable Town regulations and policies; and WHEREAS the Marana Mayor and Town Council held a public hearing to consider this Rezoning on January 17, 2023 and determined that this Rezoning and the Development Agreement Regarding Streets Development Impact Fee Credits for the Wentz 154 Development Project should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Marana Regular Town Council Meeting January 17, 2023 Page 81 of 311 Ordinance No. 2023-001 - 2 - Section 1. The Development Agreement Regarding Streets Development Impact Fee Credits for the Wentz 154 Development Project is hereby approved in the form provided in the agenda materials associated with this Council agenda item, and the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of Marana. Section 2. The zoning of the Rezoning Area is hereby changed from Zone A - Small Lot Zone to R-4 Residential. Section 3. This Rezoning is subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Marana Town 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 ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements and payment of application fees and applicable development impact fees. 2. Any plat or development plan for any portion of the Rezoning Area shall be in general conformance with the Conceptual 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 plat or development plan for any portion of the Rezoning Area. 4. A detailed traffic impact analysis must be submitted by the Property Owners and accepted by Town staff prior to approval of a preliminary plat or development plan for any portion of the Rezoning Area. 5. A water infrastructure and phasing plan (WIP) must be submitted by the Property Owners and accepted by the Marana Water Department prior to approval of a plat or development plan 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 Marana Water requires a water service agreement as a condition of service to the proposed development, the Property Owners must enter into a water service agreement with the Marana Water consistent with the accepted WIP. 6. A master sewer plan must be submitted by the Property Owners and accepted by the Marana Water Department (the “wastewater utility”) prior to the approval of any 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 Marana Regular Town Council Meeting January 17, 2023 Page 82 of 311 Ordinance No. 2023-001 - 3 - 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. 7. The Property Owners must design and construct any roadway, drainage, water, and wastewater improvements, and dedicate or acquire any property rights associated 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 with the approval of a plat or development plan for any portion of the Rezoning Area. 8. The final design of all streets and circulation facilities, including gated access (if applicable) and emergency access, must be accepted by the applicable fire district prior to Town Council consideration of a final plat for any portion of the Rezoning Area. 9. The maximum number of residential lots within the Rezoning Area shall not exceed 750. 10. 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. 11. The Property Owners shall transfer to the water provider, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II for 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 water provider 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. 12. 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 Corps of Engineers and the State Historic Preservation Office, if federal permits are required for the development of the Rezoning Area. 13. The Property Owners shall not cause any lot split of any kind without the written consent of the Town of Marana. 14. The Property Owners shall provide a Phase I environmental site assessment to the Town for the entire Rezoning Area and any right-of-way prior to approval of any final plat for any portion of the Rezoning Area. The site assessment must be dated not more than 180 days prior to the recording of the final plat. Marana Regular Town Council Meeting January 17, 2023 Page 83 of 311 Ordinance No. 2023-001 - 4 - 15. Except as otherwise set forth in this section, on or before issuance of the first building permit for the first habitable structure in the Rezoning Area, the Property Owners shall pay to the Town their proportionate financial share up-front for the costs to design, construct, or otherwise improve the circulation to and within the Marana Road/I-10 traffic interchange. The Property Owners’ proportionate share will be determined based on the number of Equivalent Dwelling Units in the Rezoning Area and the assumptions in the Streets Facilities Infrastructure Improvements Plan approved by the Town of Marana Mayor and Council on September 20, 2022. As provided by A.R.S. § 9-463.05, the Property Owners’ proportionate financial contribution shall be credited against the applicable impact fees payable for development within the Rezoning Area. If the improvements to the Marana Road/I-10 traffic interchange are completed before the first building permit is issued in the Rezoning Area, the Property Owners will not be required to pay their proportionate financial share up-front, but will be required to pay applicable development impact fees as the Rezoning Area is developed. Section 4. All ordinances, resolutions, 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of January, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting January 17, 2023 Page 84 of 311 EXHIBIT A to Marana Ordinance No. 2023.001 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY Pima, STATE OF Arizona, AND IS DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA. EXCEPT THAT PART OF THEREOF DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS 50.00 FEET NORTH AND 25.00 FEET EAST OF THE SOUTHWEST CORNER OF SECTION 20, TOWNSHIP 11 SOUTH, RANGE 11 EAST; THENCE RUNNING NORTHERLY 25.00 FEET FROM AND PARALLEL TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 50.00 FEET; THENCE EASTERLY 100.00 FEET FROM AND PARALLEL TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 20, A DISTANCE OF 50.00 FEET; THENCE SOUTHERLY 75.00 FEET FROM AND PARALLEL TO THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 20, A DISTANCE OF 50.00 FEET; THENCE WESTERLY 50.00 FEET FROM AND PARALLEL TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 20, A DISTANCE OF 50.00 FEET THE POINT OF BEGINNING. BEING SOMETIMES DESCRIBED AS MARANA WELL SITE-SITE NO. 7 AND; FURTHER EXCEPT ANY ROADS OR ROADWAYS THEREOF. Marana Regular Town Council Meeting January 17, 2023 Page 85 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 86 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 87 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 88 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 89 of 311 Wentz 154 Rezoning 13101 W. Marana Rd., Marana, AZ 85653 Town of Marana Project Number: PCZ2207‐001 Marana Regular Town Council Meeting January 17, 2023 Page 90 of 311 Wentz 154 Rezoning Project Team Moderne Communities, LLC 6720 North Scottsdale Road, Suite 380 Scottsdale, Arizona 85253 Lazarus & Silvyn, PC 5983 East Grant Road, Suite 290 Tucson, Arizona 85712 The WLB Group 1600 West Broadway Road, Suite 150 Tempe, Arizona 85282 Greey Pickett 7144 East Stetson Drive, Suite 205 Scottsdale, Arizona 85251 CivTech, Inc. 5960 East 2nd Street Tucson, Arizona 85711 July 2022 Marana Regular Town Council Meeting January 17, 2023 Page 91 of 311 Wentz 154 Rezoning i Table of Contents I. Introduction & Policy ......................................................................................................... I ‐1  A. Project Overview ......................................................................................................................... I‐1  B. Plan Compliance .......................................................................................................................... I‐1  1. Built Environment .................................................................................................................. I‐3  2. People & Community ............................................................................................................. I‐5  3. Resources & Sustainability ..................................................................................................... I‐5  C. Strategic Plan ............................................................................................................................... I‐6  D. Conflicts with Ordinances and Policies ....................................................................................... I‐6  II. Development Capability Analysis ..................................................................................... II‐1  A. General ....................................................................................................................................... II‐1  B. Existing ........................................................................................................................................ II‐1  1. Site Location .......................................................................................................................... II‐1  2. Onsite .................................................................................................................................... II‐1  3. Surrounding Development .................................................................................................... II‐1  4. Pending Rezonings and Conditional Uses ............................................................................. II‐5  5. Approved Subdivisions/Development Plans ......................................................................... II‐5  6. Architectural Styles of Adjacent Projects ............................................................................. II‐5  C. Septic Systems & Wells .............................................................................................................. II‐7  1. Well #55‐644533 ................................................................................................................... II‐7  2. Well #55‐604806 ................................................................................................................... II‐7  D. Topography & Slope ................................................................................................................... II‐7  1. Hillside Conservation Areas .................................................................................................. II‐7  2. Rock Outcrops ....................................................................................................................... II‐7  3. Slopes of 15% or Greater ...................................................................................................... II‐7  4. Other Significant Topographic Features ............................................................................... II‐7  5. Statements of Pre‐Development Cross‐Slope ...................................................................... II‐7  E. Hydrology ................................................................................................................................... II‐9  1. Offsite Watersheds ............................................................................................................... II‐9  2. Offsite Features ..................................................................................................................... II‐9  3. Characteristics of Onsite Hydrology ..................................................................................... II‐9  4. Existing Drainage Conditions ................................................................................................ II‐9  Marana Regular Town Council Meeting January 17, 2023 Page 92 of 311 Wentz 154 Rezoning ii F. Vegetation ................................................................................................................................ II‐11  1. Vegetative Communities & Associations ............................................................................ II‐11  2. Significant Cacti & Groups of Trees .................................................................................... II‐11  3. Vegetative Densities ............................................................................................................ II‐11  G. Wildlife ...................................................................................................................................... II‐11  H. Soils & Geology ......................................................................................................................... II‐13  1. Soils...................................................................................................................................... II‐13  2. Geology ............................................................................................................................... II‐13  I. Viewsheds ................................................................................................................................. II‐13  J. Traffic ........................................................................................................................................ II‐19  1. Existing & Proposed Off‐Site Streets .................................................................................. II‐19  2. Existing Bicycle & Pedestrian Ways .................................................................................... II‐19  K. Recreation & Trails ................................................................................................................... II‐21  L. Cultural, Archaeological & Historic Resources ......................................................................... II‐21  M. Existing Infrastructure & Public Facilities ................................................................................. II‐21  1. Public Utilities ...................................................................................................................... II‐21  2. Private Utilities .................................................................................................................... II‐26  N. McHarg Composite Map .......................................................................................................... II‐26  III. Land Use Proposal ........................................................................................................... III‐1  A. Project Overview ....................................................................................................................... III‐1  B. Topography ................................................................................................................................ III‐3  C. Hydrology & Drainage ............................................................................................................... III‐3  1. Offsite ................................................................................................................................... III‐3  2. Onsite ................................................................................................................................... III‐3  D. Landscaping .............................................................................................................................. III‐5  E. Wildlife ....................................................................................................................................... III‐5  F. Circulation .................................................................................................................................. III‐5  G. Public Utilities ............................................................................................................................ III‐6  1. Sewer .................................................................................................................................... III‐6  2. Water .................................................................................................................................... III‐6  3. Electricity .............................................................................................................................. III‐6  4. Gas ........................................................................................................................................ III‐6  5. Communications .................................................................................................................. III‐6  Marana Regular Town Council Meeting January 17, 2023 Page 93 of 311 Wentz 154 Rezoning iii H. Public Services ........................................................................................................................... III‐7  1. Fire Service ........................................................................................................................... III‐7  2. Schools ................................................................................................................................. III‐7  I. Recreation & Trails .................................................................................................................... III‐7  1. Trail System and Open Space ............................................................................................... III‐7  2. Neighborhood Parks ............................................................................................................ III‐7  3. Community Park ................................................................................................................... III‐7  4. Streetscape ........................................................................................................................... III‐8  J. Cultural, Archaeological & Historic Resources .......................................................................... III‐8  List of Exhibits Exhibit I.A: Regional Context .................................................................................................... I‐2  Exhibit II.B.1: Existing Land Use & Zoning Map ...................................................................... II‐2  Exhibit II.B.2.a: Existing Land Use & Zoning Map ................................................................... II‐3  Exhibit II.B.2.b: General Plan Designation .............................................................................. II‐4  Exhibit II.B.3: Neighboring Specific Plans ................................................................................ II‐6  Exhibit II.D: Existing Topography ............................................................................................. II‐8  Exhibit II.E.3: Existing Hydrology ............................................................................................ II‐10  Exhibit II.F: Existing Vegetation ............................................................................................. II‐12  Exhibit II.I: Viewsheds ............................................................................................................ II‐14  Exhibit II.L: ASM Correspondence ........................................................................................ II‐23  Exhibit II.M: Sewer Service Letter ......................................................................................... II‐25  Exhibit II.N: McHarg Composite Map .................................................................................... II‐27  Exhibit III.A: Land Use Concept .............................................................................................. III‐2  Exhibit III.E: Post‐Development Hydrology ............................................................................ III‐4  Exhibit III.H.2: MUSD School Capacity Letter ......................................................................... III‐9  Exhibit III.I: Open Space Concept ......................................................................................... III‐10  List of Tables Table II.B: Surrounding Development .................................................................................... II‐1  Table II.J: Roadway Inventory ................................................................................................ II‐19  Marana Regular Town Council Meeting January 17, 2023 Page 94 of 311 Wentz 154 Rezoning iv Appendices Appendix A: ALTA Survey Appendix B: AGFD Online Review Tool Report Marana Regular Town Council Meeting January 17, 2023 Page 95 of 311 Wentz 154 Rezoning    I‐1  I. Introduction & Policy  A. Project Overview  Moderne Communities (“Owner”) is interested in developing approximately 154.5 acres of  land, Assessor Parcel No. 217‐24‐0040 (the “Property”), located at the southeast corner of  Marana Road and Wentz Road in the Town of Marana (“Town”).  (See Location Map.)  The  Property has been farmed since the 1930s and includes an abandoned single‐family  residence and auto repair shop, both of which will be removed prior to site development.   The Property is currently zoned A (Small Lot Zone) and is designated as Traditional  Neighborhood (“TN”) on the Town’s  General Plan (Make Marana 2040) Future Land Use  Map.  The Owner intends to entitle the Property for urban residential development, which  requires a rezoning  to the Town’s R‐4 (Residential) zone (the “Project”).  (See Exhibit I.A:  Regional Context.)  The Project will feature various lot sizes, all of which are supported by the Town’s R‐4 zone.   Up to 750 homes are proposed for an overall Project density of 4.85 residences per acre  (“RAC”).  A 5‐acre community recreational amenity space will be incorporated into the  Project and will comply with the Town’s minimum recreational areas per Marana Town Code  17‐5‐3(B)(12), which requires 400 square feet of recreational area per unit (or a total of  about 6.9 acres for 750 homes).  The Town’s Subdivision Recreational Area Design Manual  will guide the design and implementation of recreation areas within the Project.  B. Plan Compliance   Make Marana 2040  The Property is designated on the General Plan Future Land Use Map as TN, which supports  “a range of residential densities and types to encourage housing diversity.” Residential  ranges within TN are between 2 and 18 RAC, so the Project’s proposed 4.85 RAC complies  with this land use designation.  The Property is also located in the Central Growth Area of  the Town’s General Plan.  The Central Growth Area encompasses large areas of agricultural  land, including several master planned communities that are entitled but have yet to be  developed.  The Central Growth Area is “…envisioned to become the central activity hub in  Marana, featuring event and gathering spaces, shops, entertainment destinations, and  employment opportunities.  New residential development supports robust commercial  activity throughout Downtown.”  This Project is a residential community that will contribute  to the overall balance of land uses in the Central Growth Area of the Town.  The Property is  adjacent to the Marana Towne Center Specific Plan, which primarily features non‐residential  uses.  The key to supporting non‐residential uses—and commercial uses in particular—is  developing more rooftops.  Together, the residential uses within this Project, Ranch House  and Uptown at Marana should generate the critical mass necessary for successful non‐ residential uses in Marana Towne Center.    Marana Regular Town Council Meeting January 17, 2023 Page 96 of 311 Wentz 154 Rezoning I‐2 Exhibit I.A:  Regional Context  Marana Regular Town Council Meeting January 17, 2023Page 97 of 311 Wentz 154 Rezoning I‐3 The following policies from Make Marana 2040 are relevant to the Project and support this rezoning: 1. Built Environment a. Land Use  Goal BE‐7: Residential areas are well‐served by a full range of supporting land uses that contribute to a balanced community.  Policy BE 7‐2: Promote a walkable community by centrally locating institutional uses, civic uses, public spaces, and open spaces within the residential developments.  Policy BE 7‐3: Plan open space areas within residential areas to accommodate a greater variety of passive and active recreational uses. Goal BE‐11: Land use, transportation, and urban design in Marana are integrated in support of land and resource conservation, multi‐modal transportation, active open spaces, and design innovation.  Policy BE 11‐3: Creatively integrate architecture, landscape, recreation, and public spaces that enhance sense of place and community interaction. Goal BE‐14: Marana prioritizes infrastructure enhancements and extensions that support desired new growth and development in an efficient and sustainable manner.  Policy BE 14‐2: Promote public and private infrastructure expansion that is timely, financially sound, and coordinated with development activity.  The Property, located along Marana Road near Downtown Marana, is an  appropriate location for the Project given its proximity to large, planned  employment and commercial areas.  The Project proposes an appealing,  walkable, family‐friendly neighborhood and is well‐positioned to support these  employment and commercial areas long into the future.    The Town’s long‐range planning efforts have focused on directing future urban  grow west of the I‐10 on existing farmland in an effort to better preserve the  region’s remaining desert landscapes.  The Project proposes development on  existing farmland, which aligns with the Town’s goal of growing responsibly.  b. Transportation  Goal BE‐17: Marana has an efficient and safe transportation system connecting all modes of travel, serving all residents, and supporting economic development.  Policy BE 17‐3: Encourage mixed land uses that combine residential, commercial, and employment with access to transit, bicycle, and pedestrian improvements.  Marana Regular Town Council Meeting January 17, 2023 Page 98 of 311 Wentz 154 Rezoning I‐4  Policy BE 17‐4: Prioritize transportation infrastructure projects that support and align with the Town’s economic development and future employment objectives.   Policy BE 17‐5: Ensure planned employment cores are connected to and supported by the larger community and regional transportation system.  Goal BE‐18: Marana is a community with an effective, convenient, accessible, safe, and economically sustainable transportation network offering a choice of routes and modes of travel to all land uses, services, and destinations.  Policy BE 18‐4: Promote convenient multi‐modal access to public places that have a high concentration of trips, such as employment and activity centers, commercial core areas, and inter‐modal transportation (hub) facilities.  Goal BE‐20: The transportation system in Marana is properly planned, funded, constructed, and maintained.  Policy BE 20‐4: Maintain and enhance coordination with private landowners, developers, and investors to identify opportunities for coordinated transportation improvements.  The Project will be developed in accordance with surrounding roadway expansion  plans that provide multiple efficient and safe modes of travel to places of interest,  commercial corners, and employment corridors nearby.  The Project will provide  key bikeway connections for future residents to local areas of interest, including  the future Marana Towne Center to the east and the planned expansion of The  Loop along the Santa Cruz River to the west.  c. Housing  Goal BE‐27: Marana maintains a diverse housing stock that accommodates the various housing needs of all residents.  Policy BE 27‐2: Encourage a range of housing types, housing sizes, and lot sizes that foster a variety of options, such as detached single‐family homes, attached single‐family homes, and multi‐family units that increase choices throughout the community.  Policy 27‐3: Promote development proposals for multi‐family residential, mixed‐use, and small lot residential areas that are compatible with the existing and planned land uses in the area. Goal BE‐28: The cost of housing is affordable for those living and working in Marana.  Policy BE 28‐1: Increase available housing choices in Marana to accommodate a range of needs, such as family size, age, and income. Marana Regular Town Council Meeting January 17, 2023 Page 99 of 311 Wentz 154 Rezoning I‐5 Goal BE‐30: Neighborhoods in Marana have unique identities with diverse residential designs.  Policy BE 30‐1: Incorporate a variety of architectural designs that contribute to a unique and diverse neighborhood character and identity in new residential development. The Project proposes a single‐family residential community that will help boost  the Town’s housing stock, sustain existing and future commercial uses, and help  the community grow responsibly. The Project will also incorporate a variety of  architectural designs that will give the neighborhood a unique, desirable  character and identity.   2. People & Community Goal PC‐20:  Policy PC 20‐4: Provide urban spaces that include recreational opportunities, walkways, or trails to serve the community. The Project devotes 5 acres to recreational amenity space to be managed by the Project’s  future homeowners’ association.  The specific amenities will be finalized at time of  development.   3. Resources & Sustainability Goal RS‐1: Marana’s dedication to preserving the Sonoran Desert environment contributes to the Town’s aesthetic character.  Policy RS 1‐1: Where possible, encourage developers to maintain open space, view corridors, and wildlife connectivity to ensure that development does not block wildlife crossings and their connecting corridors. Goal RS‐4: Marana is dedicated to conserving and optimizing the use of water resources to ensure long‐term supplies.  Policy RS 4‐6: Encourage the use of native desert vegetation and low water use vegetation for landscaping on public and private development. Goal RS‐7: New developments are constructed in a manner that minimizes flooding.  Policy RS 7‐1: Encourage and incentivize the use of Low Impact Development techniques, such as rainwater harvesting, as a tool for reducing post‐ development runoff. Goal RS‐15: Marana encourages energy conservation to reduce energy demand.  Policy RS 13‐2: Promote energy‐efficient home design and materials in future residential construction. The Project will be built in an area already heavily disturbed by agricultural uses, focusing  new development away from the Town’s most environmentally sensitive areas.  This  Marana Regular Town Council Meeting January 17, 2023 Page 100 of 311 Wentz 154 Rezoning I‐6 Project replaces a historically water‐intensive land use on the Property and will utilize  native, drought‐tolerant desert vegetation, water harvesting, and xeriscape designs.   Homes within the Project will  be built in compliance with the homebuilding industry’s  latest energy‐efficiency standards  C. Strategic Plan The Project is poised to contribute significantly to the Town’s strategic goals and vision as established in its Strategic Plan Four. In addition to supporting the Town’s Central Growth Area, the Project will provide the housing to help attract employees to help sustain career‐ oriented commerce, create a safe and connected community, and provide new recreational opportunities that promote healthy lifestyles. D. Conflicts with Ordinances and Policies No conflicts with existing ordinances or plan policies have been identified. The Project will comply with all current development standards and Marana Town Code requirements. Marana Regular Town Council Meeting January 17, 2023 Page 101 of 311 Wentz 154 Rezoning    II‐1  II. Development Capability Analysis  A. General  As indicated on Exhibit I.A: Regional Context, the Property is located near the southeast  corner of Marana Road and Wentz Road within the northwestern portion of the Town.  The  square‐shaped Property measures approximately 2,600 feet by 2,500 feet, or approximately  154.55 acres, and is currently accessible from Marana Road, Wentz Road and Grier Road.   (See Appendix A:  ALTA Survey.)  B. Existing   1. Site Location  As depicted in Exhibit II.B.1: Site Location Map, the Property is located in the  northwestern portion of the Town in Township 11S, Range 11E, Section 20.  The Property  is situated approximately two miles west of the Interstate‐10 Highway (“I‐10”) and the  Union Pacific Railway (“UPR”).  2. Onsite  a. Land Use & Zoning  As depicted in Exhibit II.B.2.a: Existing Land Use & Zoning, the Property is zoned  Zone A ‐ Small Lot Zone (“A”) and is currently used for agricultural purposes.   Land uses on the Property include two large crop fields, one single‐family  residence, one automotive service and repair shop, an outdoor storage yard, two  drainage basins and several concrete irrigation channels.  b. General Plan Land Use  Make Marana 2040 designates this Property as TN on the Future Land Use Map.   (See Exhibit II.B.2.b: General Plan Designations.)   3. Surrounding Development   The land uses and zoning of surrounding properties are shown in Exhibit II.B.2.a: Existing  Land Use & Zoning and presented in Table II.B.  The surrounding future land use  designations as indicated in Make Marana 2040 are TN to the west and south and Master  Planned Areas to the north and east.  (See Exhibit II.B.2.b: General Plan Designations.)  Table II.B:  Surrounding Development   Zoning Land Use  North A & SP W. Marana Road, Vacant and Graded Property  South B E. Grier Road, Agriculture Use  East SP Agriculture Use,  Single‐Family Residential  West A N. Wentz Road, Agriculture Use, Single‐Family Residential  Marana Regular Town Council Meeting January 17, 2023 Page 102 of 311 Wentz 154 Rezoning II‐2 Exhibit II.B.1:  Existing Land Use & Zoning Map   Marana Regular Town Council Meeting January 17, 2023Page 103 of 311 Wentz 154 Rezoning  II‐3 Exhibit II.B.2.a:  Existing Land Use & Zoning Map Marana Regular Town Council Meeting January 17, 2023Page 104 of 311 Wentz 154 Rezoning II‐4 Exhibit II.B.2.b:  General Plan DesignationMarana Regular Town Council Meeting January 17, 2023Page 105 of 311 Wentz 154 Rezoning II‐5 As depicted in Exhibit II.B.3: Neighboring Specific Plans, the Property is located across the street from the Sanders Grove Specific Plan to the north and directly adjacent to the Marana Towne Center Specific Plan to the east. No development connected to these specific plans has occurred adjacent to the Property.  Sanders Grove Specific Plan establishes a primarily low‐ to medium‐density single‐family residential community featuring recreation and open space areas, as well as possible multifamily and commercial uses near its southeast corner.  The Marana Towne Center Specific Plan supports a variety of non‐residential uses, including commercial uses, a future educational campus and employment uses. To date, the only portion of the specific plan to have been developed is located near the southwest corner of Marana Road and Sandario Road. 4. Pending Rezonings and Conditional Uses There are no pending rezonings or conditional uses approved on the Property. An amendment to the Sanders Grove Specific Plan (to be renamed “Ranch House Specific Plan”) has been submitted to the Town for review. Exhibit II.B.3 identifies Sanders Grove and other approved Specific Plans in the area. 5. Approved Subdivisions/Development Plans There are no approved subdivisions or development plans on the Property. 6. Architectural Styles of Adjacent Projects Existing homes and structures on and surrounding the Property feature a mixture of architectural styles and include some manufactured/modular‐type construction. Most buildings in the area are single‐story construction. Both the Sanders Grove and Marana Towne Center Specific Plans allow for a variety of Southwest architectural styles using materials and colors complementary to the Sonoran Desert. Marana Regular Town Council Meeting January 17, 2023 Page 106 of 311 Wentz 154 Rezoning II‐6 Exhibit II.B.3: Neighboring Specific PlansMarana Regular Town Council Meeting January 17, 2023Page 107 of 311 Wentz 154 Rezoning II‐7 C. Septic Systems & Wells A Preliminary Geotechnical Engineering Study (“PGES”) of the Property performed by CMT Engineering Laboratories indicates there is possibly a septic system associated with the house. According to the Arizona Department of Water Resources (“ADWR”) Well Registry Map, there is one well site located on the Property and one well site located within close proximity to the Property: 1. Well #55‐644533 This well is located on the Property and is listed as an exempt well for domestic and livestock use. It is unknown whether this well is in use or operational. 2. Well #55‐604806 This well is located on an adjacent property near the southwest corner of the Property and is listed as a non‐exempt well for irrigation purposes. It is owned by the Cortaro‐ Marana Irrigation District (“CMID”). The Property’s current agricultural uses appear to draw water from this CMID‐owned well. D. Topography & Slope The Property’s topography is relatively flat, and its elevations range from approximately 1,962 feet near the southeast corner along Grier Road to approximately 1,952 feet near the northwest corner at the intersection of Marana Road and Wentz Road. Existing topography at 2‐foot contour intervals is shown on Exhibit II.D: Existing Topography. All topographic information is from Pima County’s Geospatial Data Portal. 1. Hillside Conservation Areas There are no Hillside Conservation Areas located on or near the Property. 2. Rock Outcrops There are no rock outcrops on the Property. 3. Slopes of 15% or Greater The Property slopes gradually from the southeast towards the northwest. There are no slopes greater than 15%. (See Exhibit II.D: Existing Topography.) 4. Other Significant Topographic Features There are no significant topographic features on the Property. 5. Statements of Pre‐Development Cross‐Slope The average cross‐slope (“ACS”) of the Property is approximately 0.3%. Marana Regular Town Council Meeting January 17, 2023 Page 108 of 311 Wentz 154 Rezoning II‐8 Exhibit II.D: Existing TopographyMarana Regular Town Council Meeting January 17, 2023Page 109 of 311 Wentz 154 Rezoning II‐9 E. Hydrology 1. Offsite Watersheds The Property is impacted by offsite drainage (approximately 460 cfs) originating from the Tortolita Mountains approximately 8 miles east of the Property. The majority of this drainage is controlled and/or diverted by manmade features such as the Central Arizona Project (“CAP”) Canal, the UPR, and the I‐10. These structures affect the boundaries of this region’s natural watersheds and reduce the amount of offsite stormwater that reaches the Property. Runoff from adjacent agricultural properties onto the Property is minimal and generally contained by berms and irrigation canals. The Property is not part of a balanced or critical basin. 2. Offsite Features There are several manmade structures, including roadside ditches and irrigation channels, present in the area surrounding the Property. In addition to these structures, the CAP canal, the UPR, existing 1‐10 infrastructure, culverts, elevated irrigation canals, and public roads all control the amount and location where storm flows originating from the Tortolita Mountains reach the Property. 3. Characteristics of Onsite Hydrology Due to continuous leveling for agricultural purposes, there is no measurable runoff originating from the Property. Stormwater runoff from the Property flows in a northwesterly direction as sheet flow and accumulates near the northwest corner of the Property where an existing depression containing clusters of native trees acts as a detention basin. Runoff exceeding this basin’s maximum volume is conveyed westward via an existing 18‐inch storm pipe, shallow roadside swales, and irrigation channels near the intersection of Marana Road and Wentz Road. There are no washes on the Property. Approximately 30% of the Property is located in FEMA Zone AO1, which indicates the existence of areas subject to 100‐year storm event flood depths of 0.5 to 1.5 feet. The remainder of the Property is mapped as shaded Zone X, which indicates areas of flooding during the 100‐year storm event at flood depths of 0.5 feet or less. (See Exhibit II.E.3: Existing Hydrology.) 4. Existing Drainage Conditions The Property conveys stormwater runoff as sheet flows to its northwest corner, where water collects within a natural depression acting as a detention basin. Flows overtopping this basin flow west and northwest via surface channels and an existing 18‐inch pipe. Marana Regular Town Council Meeting January 17, 2023 Page 110 of 311 Wentz 154 Rezoning II‐10 Exhibit II.E.3: Existing Hydrology Marana Regular Town Council Meeting January 17, 2023Page 111 of 311 Wentz 154 Rezoning II‐11 F. Vegetation 1. Vegetative Communities & Associations Although the Property is located in the Arizona Upland subdivision of the Sonoran Desert scrub biotic community, most of the Property is currently used for agricultural purposes. As depicted in Exhibit II.F.1: Existing Vegetation, the Property mostly contains agricultural vegetation and several insignificant areas of non‐agricultural native vegetation within the Property’s drainage basins. 2. Significant Cacti & Groups of Trees There are no cacti or federally listed threatened or endangered species present on the Property. Some clusters of native trees, including Mesquite and Palo Verde, exist on the Property (see Exhibit II.F.1: Existing Vegetation). 3. Vegetative Densities The majority of the Property is covered by agricultural crops; thus, standard vegetative density analyses do not apply. G. Wildlife Due to continued disturbance of the Property for agricultural purposes and the scarcity of significant native vegetation, standard environmental and biological analyses do not apply. No significant wildlife habitats were identified on the Property. Previous biological studies in this area suggest that while certain species have the potential to occur within the Project area, none actually occur because there are no sustainable aquatic habitats, riparian areas, grassland habitats, elevational ranges, or potential roost sites in the area. See Appendix B:  AGFD Online Review Tool Report. Marana Regular Town Council Meeting January 17, 2023 Page 112 of 311 Wentz 154 Rezoning II‐12 Exhibit II.F: Existing Vegetation Marana Regular Town Council Meeting January 17, 2023Page 113 of 311 Wentz 154 Rezoning II‐13 H. Soils & Geology 1. Soils The majority of the Property’s soil surface is currently used for agricultural purposes. A PGES of the Property performed by CMT Engineering Laboratories indicates the existence of a water well near the abandoned house. The PGES indicates there is possibly a septic system associated with the house, and possibly an underground storage tank associated with an old fuel pump located near the northern Property boundary. The PGES also indicated that groundwater underneath the Property is deep enough that it is unlikely to affect future construction. Per the PGES, before future development can proceed, the Property will require improvement of near‐surface soils, which may include recompacting existing natural soils or bringing in engineered fill extending to the Property’s natural soils. 2. Geology The Property is located in the northwestern portion of the Upper Santa Cruz Basin (“USCB”), sits at an elevation of approximately 1,955 to 1,965 feet above sea level, and is approximately 1 mile east of the Santa Cruz River. The USCB is a deep, sediment‐filled valley basin formed by extensional tectonic processes during the Tertiary and Quaternary geologic time periods. Since its formation, this valley has been filled over time with alluvial and fluvial sediments eroded from surrounding mountains. According to the Arizona Geological Survey Interactive Geologic Map, the Property and adjacent areas may contain Holocene River Alluvium characterized by unconsolidated to weakly consolidated sand and gravel in river channels, and sand, silt, and clay in floodplains. Young terrace deposits fringing floodplains are also found in this area. This landscape can change and has changed over time. I. Viewsheds The Property’s terrain is mostly flat and has been used for agricultural purposes for many years. Views from adjacent properties onto the Property are open in all directions. There are several mountain ranges visible from the Property, including the Silver Bell Mountains to the west, the Tortolita Mountains to the northeast, Safford Peak and the Tucson Mountains to the southeast, and the Catalina Mountains to the east. (See Exhibit II.I:  Viewsheds.) Marana Regular Town Council Meeting January 17, 2023 Page 114 of 311 Wentz 154 Rezoning II‐14 Exhibit II.I: Viewsheds  Marana Regular Town Council Meeting January 17, 2023Page 115 of 311 Wentz 154 Rezoning II‐15 Exhibit II.I: Viewsheds Cont. Marana Regular Town Council Meeting January 17, 2023Page 116 of 311 Wentz 154 Rezoning II‐16 Exhibit II.I: Viewsheds Cont. Marana Regular Town Council Meeting January 17, 2023Page 117 of 311 Wentz 154 Rezoning II‐17 Exhibit II.I: Viewsheds Cont. Marana Regular Town Council Meeting January 17, 2023Page 118 of 311 Wentz 154 Rezoning II‐18 Exhibit II.I: Viewsheds Cont. Marana Regular Town Council Meeting January 17, 2023Page 119 of 311 Wentz 154 Rezoning    II‐19  J. Traffic  1. Existing & Proposed Off‐Site Streets  Exhibit II.J.1: Traffic depicts arterial and collector roadways within one mile of the  Property.  Each of these roadways is described in Table II.J: Roadway Inventory.  Table II.J: Roadway Inventory    Wentz  Road  Marana  Road  Grier  Road  Sanders  Road  Sagebrush  Road  (W. of  Wentz Rd.)  Kirby Hughes Road        W. of Wentz  Rd.  E. of Wentz  Rd.  Streets  Classification Arterial Arterial Arterial Arterial Collector Collector Arterial  Existing R.O.W. (ft) 60 60 Approx.  80‐85 Approx. 0‐75 50 65 0  Future R.O.W. (ft) 190 250 150 250 90 90 150  Conforms to  Widths Standards Yes Yes Yes Yes Yes Yes Yes  Ownership Marana Marana Marana Marana Marana Marana Marana  R.O.W. is  Continuous Yes Yes Yes Yes No Yes Yes  Current Number of  Lanes 2 2 2 2 0 2 2  Speed Limit (mph) 35 45 35 45 25 35 35  Traffic Volumes:  AADT (Count, Year) 154 (2021) 2,659  (2021)  398  (2021) 765 (2021) N/A N/A 192 (2021)  Surface Conditions  Paved  adjacent to  Property  Paved Paved Paved Unpaved Paved Paved    2. Existing Bicycle & Pedestrian Ways  As depicted in Exhibit II.J: Traffic Map, there are no bicycle or pedestrian ways located  adjacent to the Property.  Bicyclists may use the paved arterial roads around the Property  for transportation, but no bike lanes or paths currently exist.  According to Make Marana  2040, future bikeways are planned along Marana Road adjacent to the Property and  Sanders Road approximately ½ mile east of the Property.  Several existing arterial streets  adjacent to the Property, including Marana Road, Grier Road, and Sanders Road, connect  to existing schools and parks east of the Property.     Marana Regular Town Council Meeting January 17, 2023 Page 120 of 311 Wentz 154 Rezoning II‐20 Exhibit II.J: Traffic Map Marana Regular Town Council Meeting January 17, 2023Page 121 of 311 Wentz 154 Rezoning II‐21 K. Recreation & Trails As shown in Exhibit II.K: Trails, Parks & Recreation, there are no recreation areas located within one mile of the Property. Ora Mae Harn Park and San Lucas Community Park are the two closest parks to the Property, each approximately two miles east of the Property. Marana Heritage River Park and Gladden Farms Community Park are also located approximately two to three miles southeast of the Property. The northwestern terminus of The Huckelberry Loop shared use path is also located less than two miles south of the Property. L. Cultural, Archaeological & Historic Resources Per consultation with the Arizona State Museum (“ASM”), 16 archaeological investigations have been conducted within one mile of the Property between 1980 and 2009. Only 2 of these 16 investigations intersect with portions of the Property. No archaeological sites were identified on the Property. ASM recommends – but does not require – that a qualified archaeological contractor be consulted before any ground‐disturbing activity begins. Correspondence from ASM is included as Exhibit II.L:  ASM Correspondence.  M. Existing Infrastructure & Public Facilities 1. Public Utilities a. Sewer  The Property is located within the Town’s Sanitary Sewer District. The Town will provide sewer service to the Property. (See Exhibit II.M:  Sewer Service Letter.) There is an 18‐inch sanitary sewer line located within the Marana Road right‐of‐ way (“ROW”) north of the Property with multiple points of potential connection. b. Water  (1) Potable The Property is located within the Town of Marana Water Department (“TMWD”) service area and will be served by TMWD. There are existing 8‐ inch potable water lines within the Grier Road and Wentz Road ROWs. (2) Non‐potable The Property is located within the CMID, which serves the Property with agricultural irrigation. c. Fire Service  The Property is located outside of the Northwest Fire District (“NWFD”) service area and will require annexation into the NWFD. The closest fire station, which is operated by NWFD, is located near the corner of Grier Road and Marana Main Street approximately two miles east of the Property. Marana Regular Town Council Meeting January 17, 2023 Page 122 of 311 Wentz 154 Rezoning II‐22 Exhibit II.K: Trails, Parks & Recreation Marana Regular Town Council Meeting January 17, 2023Page 123 of 311 Wentz 154 Rezoning II‐23 Exhibit II.L:  ASM Correspondence  Marana Regular Town Council Meeting January 17, 2023 Page 124 of 311 Wentz 154 Rezoning II‐24 Exhibit II.L:  ASM Correspondence, continued   Marana Regular Town Council Meeting January 17, 2023 Page 125 of 311 Wentz 154 Rezoning II‐25 Exhibit II.M:  Sewer Service Letter  Marana Regular Town Council Meeting January 17, 2023 Page 126 of 311 Wentz 154 Rezoning II‐26 2. Private Utilities a. Electricity  The Property is located within the Tucson Electric Power (“TEP”) service area and will be serviced by TEP. Existing TEP overhead power lines are currently located along the south side of Marana Road, the north side of Grier Road, and the east side of Wentz Road. b. Gas  Southwest Gas Corporation (“SWG”) has existing facilities in the area and will provide natural gas service to the Property. An existing gas line is located along the north side of Grier Road south of the Property. c. Communications  The Property is located within the Comcast service area and will be serviced by Comcast. An underground fiber optic telephone cable is located on along the south side of Marana Road at two locations near the northwest and northeast corners of the Property. N. McHarg Composite Map Information about the Property’s topography, hydrology, vegetation, wildlife and viewsheds has been combined to form the McHarg Composite Map, provided as Exhibit II.N. The map highlights areas most compatible with development. With no wildlife movement corridors or significant vegetation present onsite, relevant constraints are limited to the Property’s topography and hydrology. See Section III (Land Use Proposal) for more information about how the Land Use Concept responds to these constraints. Marana Regular Town Council Meeting January 17, 2023 Page 127 of 311 Wentz 154 Rezoning II‐27 Exhibit II.N: McHarg Composite Map   Marana Regular Town Council Meeting January 17, 2023Page 128 of 311 Wentz 154 Rezoning III‐1 III. Land Use Proposal A. Project Overview The Property is currently zoned A (Small Lot Zone) and is designated as TN on the Town’s General Plan Future Land Use Map. The Project is located on land characterized by high levels of disturbance related to historic agricultural use of the Property. No significant hydrological, biological, or topographic constraints exist on the Property, thus allowing for the optimal placement of homes, roads and open space. The Owner proposes to rezone the Property to the Town’s R‐4 (Residential) zone to allow for an urban residential development of up to 750 homes on 154.5 acres or about 4.85 RAC. As shown in Exhibit III.A: Land Use Concept, the Project features a traditional single‐family residential neighborhood with a centrally located park amenity and passive open spaces interspersed throughout the development. The Project will include a mix of 40‐, 45‐ and 50‐ foot‐wide lots with lot depths of 110 feet or more, all of which are supported by R‐4 zone. Primary access into the Project will be from Marana Road, with a secondary full access point along Wentz Road. As detailed in Section I.B of this document, the Project’s Land Use Concept was designed in conformance with the goals and policies of Make Marana 2040 and the Town’s Strategic Plan. The Project aligns with the Town’s vision for Northwest Marana by providing a traditional neighborhood in a planning area targeted for future growth. The Land Use Proposal aims to act as a transition between future development of higher intensity residential, office, civic and commercial uses north and east of the Property and existing lower‐intensity agricultural and residential uses to the south and west. As the Town continues to grow outward around Downtown Marana, the Project is positioned to provide an appropriate transition between rural agricultural uses to the west and more intense urban environments planned to the east. The proposed neighborhood will be compatible with and contribute to the overall balance of land uses in the Central Growth Area of the Town. The Property is adjacent to the Marana Towne Center Specific Plan, which primarily features non‐residential uses. The key to supporting non‐residential uses— and commercial uses in particular—is developing more rooftops. Together, the residential uses within this Project, Sanders Grove (Ranch House) and Uptown at Marana should generate the critical mass necessary for successful non‐residential uses in Marana Towne Center. Marana Regular Town Council Meeting January 17, 2023 Page 129 of 311 S-18"PVCS-18"PVCS-18"PVCS-18"PVCS-18"PVCS-18"PVCS-18"PVCS-18"PVCS-18"PVCS-18"PVCS-18"PVCS-18"PVCS-18"PVCS-18"PVCS-18"PVCS-18"PVCS-18"PVCS-18"PVCOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEX XXX XX XXXXXXXX X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX SSSSOHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHEOHEOHEOHEOHEOHEOHEOHEOHEOHE OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEEEEEETSSW W W W W W W W W W W W W W W W W W W W WWWWWWW WWWWWWWWWWWWWWS S SUGEUGE UGE SSSSUGEUGEUGEUGESUGESSSSUGEUGEUGEUGEWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWSSSSSSSUGEUGEUGEUGEUGEUGEWWWW W W WSSSSUGEUGEUGE S SWWWSSSW W W W W WWW W W W W W S S S S SUGEUGEUGEUGESSSWWWWWWWWWSSSUGEUGEUGEW WWWWWWWWWWWWWSSUGEWWWWWWSUGEWWW WWW W W W WWWWWWWWWWWWWWSSSSSSSSSSSSUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEWWWSSSUGEUGEUGEWS S SUGEUGE W W W WWWWW W SUGES S S S S SSSSSUGE UGE UGE UGE UGE UGEUGEUGEUGEUGEUGES SUGEUGE SSSUGEUGEUGESSSUGEUGES S S S S SUGEUGEUGEUGEUGE SSSUGEUGEUGESSSSUGEUGEUGESSUGEWWWWWWWWS SUGE SSSSUGEUGEUGESUGESSSSUGEUGEUGES SUGEUGESSUGEUGESUGEWWWWWSUGESSUGEUGEWWWWWWWSUGESSSSUGEUGEUGESUGESSSUGEUGEUGEUGEUGEUGEUGEUGEUGEUGESSSSWWWWWWWWWWW SSSSSSSSSSSSSUGEUGEUGEUGEUGEUGESSSUGEUGESSSSSUGEUGEUGEUGEUGEUGESSUGEUGES S S S S SUGEUGEUGEUGEUGEW SSSSSSSSS30'30'30'(PUBLIC)(PUBLIC)(1957)(1954)(1955)(1958)(1956) (1 9 5 8 ) (1959 )(1961)(19 6 3 )(1957)(1956)(1955)(1954)(1953)(1952)(1951)(1952)(1959)(1960)(1962) (1963) ( 1 9 6 4 )(1965)(1964)(1958) (1959) (19 6 1 ) (1962 ) ( 1 9 6 0 ) (19 6 0 )55' DRAINAGE CHANNELOPEN SPACE3.95 AC125' MARANA RD.HALF R.O.W.10' BUFFER10' BUFFER55' DRAINAGE CHANNELOPEN SPACE3.16 ACOPEN SPACE 4.23 ACPARK5.50 AC75' GRIER RD HALF R.O.W.10' BUFFER10' BUFFERGRIER ROADWENTZ ROAD MARANA ROAD42' R/WTYP60' R/W60' R/W42' R/WTYP60' R/W217-24-0030EXISTINGCMIDWELLSITEOPEN SPACE 1.02 ACOPEN SPACE2.75 ACOPEN SPACE0.29 AC42' R/WTYP42' R/WTYP42' R/WTYP42' R/WTYP42' R/WTYP42' R/WTYPOPEN SPACE0.68 ACOPEN SPACE0.54 ACOPEN SPACE0.63 ACOPEN SPACE0.59 ACOPEN SPACE0.73 ACOPEN SPACE0.59 AC95' WENTZ RDHALF R.O.W(1958)(1957)(1957)PROPOSEDWATER CONNECTIONPROPOSEDWATER CONNECTIONPROPOSEDSEWER CONNECTIONPROPOSEDSEWER CONNECTIONN89°49'39"E 2642.75' (R1)EX BUILDINGS45'50'N0°30'05"W 2576.30'N89°27'21"E 2643.43'N0°29'15"W 2636.41'N89°27'30"E 2642.80'EX CONCRETEIRRIGATION CHANNEL30'30'30'OPEN SPACE0.25 ACS89°27'30"W 2612.80'S0°29'15"E 2506.41'N89°27'21"E 2613.42'ZONE A & FZONE FZONE FRANCH HOUSEZONE B20' WATEREASEMENT1. TOTAL LOTS: 694TOTAL SITE AREA: 155 ± ACRES.TOTAL DEVELOPABLE AREA (EXCLUDING FUTURE R.O.W ANDIRRIGATION EASEMENT): 140.7 ACRES ±DEVELOPABLE AREA INCLUDES 44 ACRES ± OF FEMA ZONE A.O.2. APN: 217240040.3. GENERAL PLAN: CENTRAL GROWTH AREA.THE CENTRAL AREA IS ENVISIONED TO BECOME THE CENTRALGROWTH ACTIVITY HUB IN MARANA, FEATURING EVENT ANDGATHERING SPACES, SHOPS, ENTERTAINMENT DESTINATIONS,AND EMPLOYMENT OPPORTUNITIES. NEW RESIDENTIALDEVELOPMENT SUPPORTS ROBUST COMMERCIAL ACTIVITYTHROUGHOUT DOWNTOWN.4.GENERAL PLAN DESIGNATION : TRADITIONAL NEIGHBORHOOD.MAXIMUM DENSITY (PER GENERAL PLAN): 2-18 DU/ACRE.5. EXISTING ZONING: A - SMALL LOT ZONE.PROPOSED ZONING: R-4DEVELOPMENT STANDARDS:SETBACKS:FRONT: 10 FTSIDE :B (BUILDING CODE)STREET SIDE: 10 FTREAR10 FTBUILDING HEIGHT: 30 FT6. SURROUNDING ZONING·NORTH: F - RANCH HOUSE SPECIFIC PLAN·SOUTH: B - MEDIUM LOT SIZE·EAST: F-MARANA TOWNE CENTER SPECIFIC PLAN·WEST: A-SMALL LOT / F-ANWAY FARMS SPECIFIC PLAN7.FUTURE R.O.W. (PER GENERAL PLAN)MARANA ROAD: 250'GRIER ROAD: 150'WENTZ ROAD: 190'8. THIS PROPERTY CONTAINS 44 +/- ACRES OF FEMA ZONE AO AND111 +/- ACRES OF FEMA ZONE X SHADED. ZONE AO IS DEFINEDAS FLOOD DEPTHS OF 1 TO 3 FEET AND ZONE X SHADED ISDEFINED AS AREAS HAVING A 0.2% ANNUAL CHANCE OF FLOODINGAS INDICATED BY FEDERAL EMERGENCY MANAGEMENT AGENCYFLOOD INSURANCE RATE MAPS (FIRM) NUMBERS 04019C1010LAND 04019C1030L, EFFECTIVE DATE JUNE 16, 2011.NOTESWLBGroupTheQ:\121050A001 Wentz 154\02 Planning\Concept Plan\2022-6-27_Wentz_Concept Plan.dwg PLOT DATE; 6/27/22 Call at least two full working daysbefore you begin excavation.Dial 8-1-1 or 1-800-STAKE-IT (782-5348)In Maricopa County: (602) 263-1100CONCEPTUAL LAND USE PLAN1 : 200121050A00106/27/2022RJESD R A F T 11WENTZ 154SEWER LINEWATER LINESWSECTION LINEUNDERGROUND ELECTRICUGERIGHT OF WAYPROPERTY LINEWOHEEX OVERHEAD ELECTRICEX WATERLEGENDEX RIGHT OF WAYOPEN SPACEExhibit III.A: Land Use ConceptMarana Regular Town Council Meeting January 17, 2023Page 130 of 311 Wentz 154 Rezoning III‐3 B. Topography The topography of the Property is conducive to the development of a single‐family residential neighborhood. The Property slopes gradually (approx. 0.3%) from the southeast to the northwest, and while it will be mass graded, it will require minimal cut or fill. C. Hydrology & Drainage Offsite flows from adjacent properties will be analyzed at time of development, including any future uses adjacent to the Property potentially affecting the Project’s hydrology and drainage. The necessary improvements to convey the flows through the Property will be determined at that time and will be incorporated into the drainage improvements for the Project. All existing CMID irrigation channels will be undergrounded at time of development. See Exhibit III.E:  Post‐Development Hydrology, which illustrates the direction of hydrological drainage. 1. Offsite As a result of the FEMA Zone AO 1, which encroaches onto the Property, offsite runoff will be intercepted within an engineered channel and conveyed north towards Marana Road. A channel located on the south side of Marana Road will convey these offsite flows west to the intersection of Wentz Road and Marana Road and then north to the intersection of Wentz Road and Hardin Road. These channels will serve to remove the Project from the Zone AO 1 Floodplain designation and will be included in the forthcoming Conditional Letter of Map Revision (“CLOMR”) and subsequent Letter of Map Revision (“LOMR”) for the Sanders Grove (Ranch House) project located on the north side of Marana Road. 2. Onsite Onsite storm flows will be intercepted by scuppers and/or catch basins and conveyed via storm drainpipes to onsite detention/retention facilities. Onsite detention/retention will be provided in accordance with the Northern Marana Drainage Policy which requires full containment of the 10‐year plus 100‐year storm event. The final design, which will handle both onsite and offsite storm flows, will be addressed in the Drainage Report and Drainage Plan, which will adhere to current Town development standards and applicable basin management plans. A drainage plan will be prepared during the Project’s platting process. There are no plans for encroachment or modification of existing drainage patterns. Marana Regular Town Council Meeting January 17, 2023 Page 131 of 311 Wentz 154 Rezoning III‐4 Exhibit III.E:  Post‐Development Hydrology  Marana Regular Town Council Meeting January 17, 2023Page 132 of 311 Wentz 154 Rezoning III‐5 D. Landscaping The Property currently exhibits very little native vegetation. The overall landscape theme will reflect attributes typical of the Sonoran Desert and the vegetation characteristics in the vicinity. The Project’s landscaping program will make use of low‐water‐use plants to the greatest extent possible while still creating an aesthetically pleasing and beautiful community. Plants will be selected based on Town guidelines. Common areas will be maintained by the homeowners’ association. The landscape design will prioritize the conservation of water through implementation of underground drip irrigation, reducing evaporative water loss, and integration of low‐water‐ use plants in selected common areas whenever possible. Passive water harvesting techniques, such as strategic grading and capturing rooftop runoff into swales to direct rainwater into landscaped areas will be employed wherever possible. Rainwater that is collected or diverted will supplement the water requirements of the landscape plants. E. Wildlife Previous biological studies in this area suggest that while certain species have the potential to occur within the Project area, none actually occur because there are no sustainable aquatic habitats, riparian areas, grassland habitats, elevational ranges, or potential roost sites in the area. The Project will provide some measure of new wildlife habitat in the form of native, drought‐tolerant landscaping and open space corridors. (See Appendix B:  AGFD  Online Review Tool Report.) F. Circulation A Transportation Impact Analysis (“TIA”), provided under separate cover, was prepared by CivTech Engineering to determine the Project’s potential traffic‐related impacts within the Project area. Exhibit III.D: Land Use Concept incudes:  750 new single‐family homes within 154 acres,  Community Amenity Space with 5 acres,  Project access off Wentz Road and Marana Road. For purposes of the TIA, the Project was analyzed assuming the following access points along Wentz Road and Marana Road:  One access point on Wentz Road halfway between Marana Road and Grier Road  One access point on Marana Road near the northeast corner of the Project TIA conclusions:  The proposed development in the 2024 Opening Year is anticipated to generate 1,728 weekday daily trips, 126 trips during the AM Peak Hour, and 176 trips during the PM Peak Hour. Marana Regular Town Council Meeting January 17, 2023 Page 133 of 311 Wentz 154 Rezoning    III‐6   The proposed development at full buildout, 2029 Study Horizon Year is anticipated  to generate 5,996 weekday daily trips, 437 trips during the AM Peak Hour, and 611  trips during the PM Peak Hour.   All Study Intersections operate with overall acceptable Levels of Service (LOS D or  better) in all scenarios.   Left‐turn lanes are warranted and recommended at the Project driveway  intersections on both Wentz Road and Marana Road.  The Project will provide standard internal streets with 42‐foot ROW widths, two lanes of  travel, curbs, and American’s With Disabilities Act (“ADA”) compliant sidewalks.  The  Project’s two internal collector roads will be constructed per Town Detail 110‐3 for a 90‐foot  ROW with 2 travel lanes, a continuous striped left‐turn lane and striped bike lanes.    Marana Road will have a future ROW width of 250 feet adjacent to the Project, and the  Wentz Road future ROW is 190 feet.  The Project will dedicate 115 feet of ROW along  Marana Road and will include a 20‐foot landscape buffer adjacent to the Property.  An  additional 65 feet of ROW along Wentz Road will be dedicated to achieve a future half ROW  of 95 feet.      G. Public Utilities  1. Sewer  The Project will connect to an existing Marana Utilities 18‐inch sanitary sewer located  within the Marana Road ROW.   2. Water  The Project will connect to TMWD facilities for potable water service and will provide a  looped connection to the existing 8‐inch water lines within the Grier Road and Wentz  Road ROWs.  3. Electricity  The Project will be served by TEP and connect to existing overhead electric lines running  along Marana Road, Wentz Road, and Grier Road.  Powerlines into the Project will be  undergrounded and looped through the subdivision.  4. Gas  The Project will be served by SWG and will likely connect to the existing gas line located  on the north side of Grier Road south of the Property.   5. Communications  The Project will be served by Comcast and will likely connect to the existing  telecommunications lines located near the northwest and northeast corners of the  Property.    Marana Regular Town Council Meeting January 17, 2023 Page 134 of 311 Wentz 154 Rezoning III‐7 H. Public Services 1. Fire Service The Project will be annexed into the NWFD. The closest fire station, which is operated by NWFD, is located approximately two miles east of the Property at the intersection of Grier Road and Marana Main Street. 2. Schools The Project is located within Marana Unified School District (“MUSD”). Per Exhibit III.H.2:  MUSD School Capacity Letter, existing schools in the area are projected to have capacity for the Project. I. Recreation & Trails As illustrated in Exhibit III.I: Open Space Concept, the Property features a significant amount of open space and recreation area. The Project will comply with the Town’s recreation requirements, Marana Town Code § 17‐5‐3(B)(12), which requires 400 square feet of recreational area per unit (or a total of about 6.9 acres for 750 homes). The Project will meet or exceed the minimum recreational requirements with park amenities, trails, dual‐purpose basins, an in‐lieu fee, or a combination thereof. 1. Trail System and Open Space The heart of the recreational elements within the Project is the network of trails, pathways and sidewalks to connect individual groups of lots and land uses with pocket parks, neighborhood parks and community park, and to connect these park amenities with each other. These trails will also provide residents with direct connection to non‐ residential uses offering alternative modes of transportation. The specific design of the trail system will be finalized during the platting phase of the Project and will be designed to provide connections to adjacent trail systems wherever possible and reasonable. These adjacent trail systems may be Town trails or a part of surrounding development. Pedestrian and other non‐motorized travel will be encouraged throughout the development. 2. Neighborhood Parks Neighborhood parks will be integrated within the development parcels to provide residents amenities closer to home. The neighborhood parks will be centralized open space area and may include both smaller‐ and larger‐scale recreation amenities, such as tot lots, ramadas, BBQs, basketball courts, volleyball courts, small sports fields, etc. 3. Community Park The community park will serve as the central hub of the Project. The community park will serve residents seeking a variety of passive and active recreational opportunities. The amenities within the park may include a variety of larger‐scale passive and active recreational amenities, such as sports courts/fields, amphitheater, playground, pavilions, etc. Marana Regular Town Council Meeting January 17, 2023 Page 135 of 311 Wentz 154 Rezoning III‐8 4. Streetscape The neighborhood collector streets within the Project will be developed with landscaped parkways to create distinct streetscapes to enjoy while driving throughout the Project. At the local street level, development parcels will be designed to create a vibrant and visually interesting streetscape that will include shade trees for sidewalks that connect to the comprehensive trail system within the Project. J. Cultural, Archaeological & Historic Resources A cultural resources survey will be performed and a report will be submitted to the Town for review prior to issuance of a grading permit. Development of the Property is subject to ARS § 41‐865 regarding State protection of human remains and funerary objects. Marana Regular Town Council Meeting January 17, 2023 Page 136 of 311 Wentz 154 Rezoning III‐9 Exhibit III.H.2: MUSD School Capacity Letter  Marana Regular Town Council Meeting January 17, 2023 Page 137 of 311 Exhibit III.I: Open Space Concept Marana Regular Town Council Meeting January 17, 2023 Page 138 of 311 Wentz 154 Rezoning Appendix A:  ALTA Survey   Marana Regular Town Council Meeting January 17, 2023 Page 139 of 311 1960 1960 1960 1955 196019551955 1955 19551955 1955 19551955 19 55 19501960 1955 1960 1955 1960 196019601960 1960 19601965 GRIER RD MARANA RD SAGEBRUSH RD WENTZ RDSANDERS RDMarana Regular Town Council Meeting January 17, 2023 Page 140 of 311 25' CMID IRRIGATION ESMT LATERAL NO. 8 DKT. 107, PG. 151. ZONE: AO ZONE: X 'SHADED'ZONE: AON89°49'33"E 2643.48' (R1) N89°49'39"E 2642.75' (R1)N89°49'39"E 2642.86' (R1)N0°07'51"W 2576.26' (R1)N89°27'21"E 5286.87' N89°27'37"E 5286.95' (R2) N89°27'37"E 2643.48' (R2) N89°49'33"E 2643.48' (R1) S89°27'30"W 2612.80'N0°30'05"W 2576.30'N89°27'21"E 2613.42'S0°29'15"E 2506.41'N89°27'21"E 2643.43'N89°27'21"E 2643.43'N0°29'15"W 2636.41'N89°27'30"E 2642.80'N89°27'30"E 2642.83' concrete irrigation channel concrete irrigation channelconcrete irrigation channel30' 30' 30' 30' 30'30' garage dwelling 154.55 acres ±6,732,305 sq.ft (PUBLIC)N0°06'54"W 2636.34' (R1)ZONE: X 'SHADED'(PUBLIC)(PUBLIC) 1960 1960 1960 1955 196019551955 1955 19551955 1955 19551955 195519501960 1955 1960 1955 1960 196019601960 1960 19601965 1960 FND 1 2" REBAR RLS 25405 S89°27'12"W 45.00'N0°29'15"W50.00'N89°27'12"E 45.00'S0°29'15"E20.00'FND BCSM IN HANDHOLE SE CORNER SEC 20 S-1/4 CORNER SECTION 20 NOTHING FOUNDFND BCSM IN HANDHOLE FND BCSM IN HANDHOLE E-1/4 SEC 20 C-1/4 CORNER SECTION 20 NOTHING FOUND FND BCSM IN HANDHOLE W-1/4 SEC 20 Marana Regular Town Council Meeting January 17, 2023 Page 141 of 311 Wentz 154 Rezoning Appendix B:  AGFD Online Review Tool Report  Marana Regular Town Council Meeting January 17, 2023 Page 142 of 311 Arizona Environmental Online Review Tool Report Arizona Game and Fish Department Mission To conserve Arizona's diverse wildlife resources and manage for safe, compatible outdoor recreation opportunities for current and future generations. Project Name: Wentz 154 Project Description: A rezoning of Pima County Assessor Parcel No. 217-24-0040 from Town of Marana Zone A (Small Lot Zone) to Zone R-4 (Residential) for the proposed development of a 694 unit single-family residential subdivision on 154 acres of existing agricultural land. Project Type: Habitat Conservation and Restoration, Land Use Planning Contact Person: Jackson Cassidy Submitted By: Robin Large Organization: Lazarus & Silvyn, P.C. On Behalf Of: PRIVATE Project ID: HGIS-16438 Page 1 of 13Marana Regular Town Council Meeting January 17, 2023 Page 143 of 311 Please review the entire report for project type and/or species recommendations for the location information entered. Please retain a copy for future reference. Page 2 of 13Marana Regular Town Council Meeting January 17, 2023 Page 144 of 311 Arizona Game and Fish Department project_report_wentz_154_51385_53004.pdf Project ID: HGIS-16438 Review Date: 5/31/2022 02:48:05 PM Disclaimer: 1. This Environmental Review is based on the project study area that was entered. The report must be updated if the project study area, location, or the type of project changes. 2. This is a preliminary environmental screening tool. It is not a substitute for the potential knowledge gained by having a biologist conduct a field survey of the project area. This review is also not intended to replace environmental consultation (including federal consultation under the Endangered Species Act), land use permitting, or the Departments review of site-specific projects. 3. The Departments Heritage Data Management System (HDMS) data is not intended to include potential distribution of special status species. Arizona is large and diverse with plants, animals, and environmental conditions that are ever changing. Consequently, many areas may contain species that biologists do not know about or species previously noted in a particular area may no longer occur there. HDMS data contains information about species occurrences that have actually been reported to the Department. Not all of Arizona has been surveyed for special status species, and surveys that have been conducted have varied greatly in scope and intensity. Such surveys may reveal previously undocumented population of species of special concern. 4. HabiMap Arizona data, specifically Species of Greatest Conservation Need (SGCN) under our State Wildlife Action Plan (SWAP) and Species of Economic and Recreational Importance (SERI), represent potential species distribution models for the State of Arizona which are subject to ongoing change, modification and refinement. The status of a wildlife resource can change quickly, and the availability of new data will necessitate a refined assessment. Locations Accuracy Disclaimer: Project locations are assumed to be both precise and accurate for the purposes of environmental review. The creator/owner of the Project Review Report is solely responsible for the project location and thus the correctness of the Project Review Report content. Page 3 of 13Marana Regular Town Council Meeting January 17, 2023 Page 145 of 311 Arizona Game and Fish Department project_report_wentz_154_51385_53004.pdf Project ID: HGIS-16438 Review Date: 5/31/2022 02:48:05 PM Recommendations Disclaimer: 1. The Department is interested in the conservation of all fish and wildlife resources, including those species listed in this report and those that may have not been documented within the project vicinity as well as other game and nongame wildlife. 2. Recommendations have been made by the Department, under authority of Arizona Revised Statutes Title 5 (Amusements and Sports), 17 (Game and Fish), and 28 (Transportation). 3. Potential impacts to fish and wildlife resources may be minimized or avoided by the recommendations generated from information submitted for your proposed project. These recommendations are preliminary in scope, designed to provide early considerations on all species of wildlife. 4. Making this information directly available does not substitute for the Department's review of project proposals, and should not decrease our opportunity to review and evaluate additional project information and/or new project proposals. 5. Further coordination with the Department requires the submittal of this Environmental Review Report with a cover letter and project plans or documentation that includes project narrative, acreage to be impacted, how construction or project activity(s) are to be accomplished, and project locality information (including site map). Once AGFD had received the information, please allow 30 days for completion of project reviews. Send requests to: Project Evaluation Program, Habitat Branch Arizona Game and Fish Department 5000 West Carefree Highway Phoenix, Arizona 85086-5000 Phone Number: (623) 236-7600 Fax Number: (623) 236-7366 Or PEP@azgfd.gov 6. Coordination may also be necessary under the National Environmental Policy Act (NEPA) and/or Endangered Species Act (ESA). Site specific recommendations may be proposed during further NEPA/ESA analysis or through coordination with affected agencies Page 4 of 13Marana Regular Town Council Meeting January 17, 2023 Page 146 of 311 Arizona Game and Fish Department project_report_wentz_154_51385_53004.pdf Project ID: HGIS-16438 Review Date: 5/31/2022 02:48:05 PM Page 5 of 13Marana Regular Town Council Meeting January 17, 2023 Page 147 of 311 Arizona Game and Fish Department project_report_wentz_154_51385_53004.pdf Project ID: HGIS-16438 Review Date: 5/31/2022 02:48:05 PM Page 6 of 13Marana Regular Town Council Meeting January 17, 2023 Page 148 of 311 Arizona Game and Fish Department project_report_wentz_154_51385_53004.pdf Project ID: HGIS-16438 Review Date: 5/31/2022 02:48:05 PM Page 7 of 13Marana Regular Town Council Meeting January 17, 2023 Page 149 of 311 Arizona Game and Fish Department project_report_wentz_154_51385_53004.pdf Project ID: HGIS-16438 Review Date: 5/31/2022 02:48:05 PM Page 8 of 13Marana Regular Town Council Meeting January 17, 2023 Page 150 of 311 Arizona Game and Fish Department project_report_wentz_154_51385_53004.pdf Project ID: HGIS-16438 Review Date: 5/31/2022 02:48:05 PM Special Status Species Documented within 5 Miles of Project Vicinity Scientific Name Common Name FWS USFS BLM NPL SGCN Athene cunicularia hypugaea Western Burrowing Owl SC S S 1B Bat Colony Chionactis annulata Resplendent Shovel-nosed Snake 1C Coccyzus americanus Yellow-billed Cuckoo (Western DPS) LT S S 1A Danaus plexippus Monarch C S Empidonax traillii extimus Southwestern Willow Flycatcher LE 1A Falco peregrinus anatum American Peregrine Falcon SC S S 1A Glaucidium brasilianum cactorum Cactus Ferruginous Pygmy-owl PT S S 1B Gopherus morafkai Sonoran Desert Tortoise CCA S S 1A Heloderma suspectum Gila Monster 1A Myotis velifer Cave Myotis SC S 1B Sigmodon ochrognathus Yellow-nosed Cotton Rat SC 1C Note: Status code definitions can be found at https://www.azgfd.com/wildlife/planning/wildlifeguidelines/statusdefinitions/ . Special Areas Documented that Intersect with Project Footprint as Drawn Scientific Name Common Name FWS USFS BLM NPL SGCN Riparian Area Riparian Area Note: Status code definitions can be found at https://www.azgfd.com/wildlife/planning/wildlifeguidelines/statusdefinitions/ . Species of Greatest Conservation Need Predicted that Intersect with Project Footprint as Drawn, based on Predicted Range Models Scientific Name Common Name FWS USFS BLM NPL SGCN Aix sponsa Wood Duck 1B Ammospermophilus harrisii Harris' Antelope Squirrel 1B Anaxyrus retiformis Sonoran Green Toad S 1B Athene cunicularia hypugaea Western Burrowing Owl SC S S 1B Botaurus lentiginosus American Bittern 1B Buteo regalis Ferruginous Hawk SC S 1B Buteo swainsoni Swainson's Hawk 1C Calypte costae Costa's Hummingbird 1C Chilomeniscus stramineus Variable Sandsnake 1B Chionactis annulata Resplendent Shovel-nosed Snake SC 1C Cistothorus palustris Marsh Wren 1C Colaptes chrysoides Gilded Flicker S 1B Coluber bilineatus Sonoran Whipsnake 1B Corynorhinus townsendii pallescens Pale Townsend's Big-eared Bat SC S S 1B Crotalus tigris Tiger Rattlesnake 1B Page 9 of 13Marana Regular Town Council Meeting January 17, 2023 Page 151 of 311 Arizona Game and Fish Department project_report_wentz_154_51385_53004.pdf Project ID: HGIS-16438 Review Date: 5/31/2022 02:48:05 PM Species of Greatest Conservation Need Predicted that Intersect with Project Footprint as Drawn, based on Predicted Range Models Scientific Name Common Name FWS USFS BLM NPL SGCN Empidonax wrightii Gray Flycatcher 1C Euderma maculatum Spotted Bat SC S S 1B Eumops perotis californicus Greater Western Bonneted Bat SC S 1B Glaucidium brasilianum cactorum Cactus Ferruginous Pygmy-owl PT S S 1B Gopherus morafkai Sonoran Desert Tortoise CCA S S 1A Haliaeetus leucocephalus Bald Eagle SC, BGA S S 1A Heloderma suspectum Gila Monster 1A Incilius alvarius Sonoran Desert Toad 1B Kinosternon sonoriense sonoriense Desert Mud Turtle S 1B Lasiurus blossevillii Western Red Bat S 1B Lasiurus xanthinus Western Yellow Bat S 1B Leptonycteris yerbabuenae Lesser Long-nosed Bat SC 1A Lepus alleni Antelope Jackrabbit 1B Macrotus californicus California Leaf-nosed Bat SC S 1B Melanerpes uropygialis Gila Woodpecker 1B Melospiza lincolnii Lincoln's Sparrow 1B Melozone aberti Abert's Towhee S 1B Micrathene whitneyi Elf Owl 1C Micruroides euryxanthus Sonoran Coralsnake 1B Myiarchus tyrannulus Brown-crested Flycatcher 1C Myotis velifer Cave Myotis SC S 1B Myotis yumanensis Yuma Myotis SC 1B Nyctinomops femorosaccus Pocketed Free-tailed Bat 1B Oreoscoptes montanus Sage Thrasher 1C Oreothlypis luciae Lucy's Warbler 1C Panthera onca Jaguar LE 1A Passerculus sandwichensis Savannah Sparrow 1B Perognathus longimembris Little Pocket Mouse No Status 1B Phrynosoma goodei Goode's Horned Lizard 1B Phrynosoma solare Regal Horned Lizard 1B Phyllorhynchus browni Saddled Leaf-nosed Snake 1B Progne subis hesperia Desert Purple Martin S 1B Setophaga petechia Yellow Warbler 1B Sphyrapicus nuchalis Red-naped Sapsucker 1C Spizella breweri Brewer's Sparrow 1C Sturnella magna Eastern Meadowlark 1C Tadarida brasiliensis Brazilian Free-tailed Bat 1B Page 10 of 13Marana Regular Town Council Meeting January 17, 2023 Page 152 of 311 Arizona Game and Fish Department project_report_wentz_154_51385_53004.pdf Project ID: HGIS-16438 Review Date: 5/31/2022 02:48:05 PM Species of Greatest Conservation Need Predicted that Intersect with Project Footprint as Drawn, based on Predicted Range Models Scientific Name Common Name FWS USFS BLM NPL SGCN Toxostoma lecontei LeConte's Thrasher S 1B Troglodytes pacificus Pacific Wren 1B Vireo bellii arizonae Arizona Bell's Vireo 1B Vulpes macrotis Kit Fox No Status 1B Species of Economic and Recreation Importance Predicted that Intersect with Project Footprint as Drawn Scientific Name Common Name FWS USFS BLM NPL SGCN Callipepla gambelii Gambel's Quail Pecari tajacu Javelina Puma concolor Mountain Lion Zenaida asiatica White-winged Dove Zenaida macroura Mourning Dove Project Type: Habitat Conservation and Restoration, Land Use Planning Project Type Recommendations: Fence recommendations will be dependant upon the goals of the fence project and the wildlife species expected to be impacted by the project. General guidelines for ensuring wildlife-friendly fences include: barbless wire on the top and bottom with the maximum fence height 42", minimum height for bottom 16". Modifications to this design may be considered for fencing anticipated to be routinely encountered by elk, bighorn sheep or pronghorn (e.g., Pronghorn fencing would require 18" minimum height on the bottom). Please refer to the Department's Fencing Guidelines located on Wildlife Friendly Guidelines page, which is part of the WIldlife Planning button at https://www.azgfd.com/wildlife/planning/wildlifeguidelines/. During the planning stages of your project, please consider the local or regional needs of wildlife in regards to movement, connectivity, and access to habitat needs. Loss of this permeability prevents wildlife from accessing resources, finding mates, reduces gene flow, prevents wildlife from re-colonizing areas where local extirpations may have occurred, and ultimately prevents wildlife from contributing to ecosystem functions, such as pollination, seed dispersal, control of prey numbers, and resistance to invasive species. In many cases, streams and washes provide natural movement corridors for wildlife and should be maintained in their natural state. Uplands also support a large diversity of species, and should be contained within important wildlife movement corridors. In addition, maintaining biodiversity and ecosystem functions can be facilitated through improving designs of structures, fences, roadways, and culverts to promote passage for a variety of wildlife. Guidelines for many of these can be found at: https://www.azgfd.com/wildlife/planning/wildlifeguidelines/. Page 11 of 13Marana Regular Town Council Meeting January 17, 2023 Page 153 of 311 Arizona Game and Fish Department project_report_wentz_154_51385_53004.pdf Project ID: HGIS-16438 Review Date: 5/31/2022 02:48:05 PM Minimize the potential introduction or spread of exotic invasive species, including aquatic and terrestrial plants, animals, insects and pathogens. Precautions should be taken to wash and/or decontaminate all equipment utilized in the project activities before entering and leaving the site. See the Arizona Department of Agriculture website for a list of prohibited and restricted noxious weeds at https://www.invasivespeciesinfo.gov/unitedstates/az.shtml and the Arizona Native Plant Society https://aznps.com/invas for recommendations on how to control. To view a list of documented invasive species or to report invasive species in or near your project area visit iMapInvasives - a national cloud-based application for tracking and managing invasive species at https://imap.natureserve.org/imap/services/page/map.html. To build a list: zoom to your area of interest, use the identify/measure tool to draw a polygon around your area of interest, and select “See What’s Here” for a list of reported species. To export the list, you must have an account and be logged in. You can then use the export tool to draw a boundary and export the records in a csv file. Within sensitive riparian areas consider livestock management activities that include rotational grazing, fencing, and providing off-site water developments. Please refer to the Department's Fencing Guidelines located on the home page of this application . In endangered species habitats, guidelines may be established in Recovery Plans https://www.fws.gov/office/arizona-ecological-services. The Department's Landowner Relations Program works with the state's private landowners to promote and encourage incorporation of habitat creation and improvement for a variety of wildlife species. The program has grown significantly in recent years offering new alternatives and larger projects to all the cooperators. There are various options under this program to partner with the Department to enhance or restore wildlife habitat. To view specific program options and criteria, please refer to the following link: https://www.azgfd.com/wildlife/landowners/ The construction or maintenance of water developments should include: incorporation of aspects of the natural environment and the visual resources, maintaining the water for a variety of species, water surface area (e.g., bats require a greater area due to in-flight drinking), accessibility, year-round availability, minimizing potential for water quality problems, frequency of flushing, shading of natural features, regular clean-up of debris, escape ramps, minimizing obstacles, and minimizing accumulation of silt and mud. Habitat and forage recommendations are community, location, and species specific. We recommend early and direct coordination with Project Evaluation Program to determine site-specific recommendations. Minimize impacts to wildlife and wildlife habitat by staying on designated roads and trails, and by minimizing use during spring and summer breeding periods. Additional information concerning OHV use is located at https://www.azgfd.com/OHV Habitat restoration recommendations are dependant on habitat communities, target species, species located within the project area, site history, restoration goals, and treatment types. General project scoping should include defined project goals with measurable success criteria, site evaluation (e.g., soil conditions, local and watershed hydrological conditions and regimes), pre-project fish and wildlife surveys to determine project impacts and baseline data for post-project evaluation, established plan and methods for site preparation and revegetation (plant species evaluation based on current or expected site environmental conditions), consideration/incorporation of wildlife habitat features that may be secondary to project objectives (e.g., retaining snags for roost sites) and effects to habitat and wildlife at landscape scales (broader than project area), post-project monitoring plans and funding commitments, and an adaptive management plan. We recommend early coordination with Department personnel on project designs. Contact information can be found at https://www.azgfd.com/Agency/Offices or email our Project Evaluation Program at PEP@azgfd.gov Page 12 of 13Marana Regular Town Council Meeting January 17, 2023 Page 154 of 311 Arizona Game and Fish Department project_report_wentz_154_51385_53004.pdf Project ID: HGIS-16438 Review Date: 5/31/2022 02:48:05 PM Pre- and post-survey/monitoring should be conducted to determine alternative access/exits to mines and to identify and/or minimize potential impacts to bat species. For further information when developing alternatives to mine closures, contact the Arizona Game and Fish Department Nongame Bat Coordinator at the Main Office in Terrestrial Branch, https://www.azgfd.com/agency/offices or (602) 942-3000. Consider incorporating project components that may allow for the inclusion to promote, enhance, create, or restore wildlife habitat. Contact Project Evaluation Program for further information and opportunities, PEP@azgfd.gov or (623) 236-7600 or https://www.azgfd.com/agency/offices/ The Department requests further coordination to provide project/species specific recommendations, please contact Project Evaluation Program directly at PEP@azgfd.gov. Project Location and/or Species Recommendations: HDMS records indicate that one or more Listed, Proposed, or Candidate species or Critical Habitat (Designated or Proposed) have been documented in the vicinity of your project. The Endangered Species Act (ESA) gives the US Fish and Wildlife Service (USFWS) regulatory authority over all federally listed species. Please contact USFWS Ecological Services Offices at https://www.fws.gov/office/arizona-ecological-services or: Phoenix Main Office Tucson Sub-Office Flagstaff Sub-Office 9828 North 31st Avenue #C3 201 N. Bonita Suite 141 SW Forest Science Complex Phoenix, AZ 85051-2517 Tucson, AZ 85745 2500 S. Pine Knoll Dr. Phone: 602-242-0210 Phone: 520-670-6144 Flagstaff, AZ 86001 Fax: 602-242-2513 Fax: 520-670-6155 Phone: 928-556-2157 Fax: 928-556-2121 This review has identified riparian areas within the vicinity of your project. During the planning stage of your project, avoid, minimize, or mitigate any potential impacts to riparian areas identified in this report. Riparian areas play an important role in maintaining the functional integrity of the landscape, primarily by acting as natural drainages that convey water through an area, thereby reducing flood events. In addition, riparian areas provide important movement corridors and habitat for fish and wildlife. Riparian areas are channels that contain water year-round or at least part of the year. Riparian areas also include those channels which are dry most of the year, but may contain or convey water following rain events. All types of riparian areas offer vital habitats, resources, and movement corridors for wildlife. The Pinal County Comprehensive Plan (i.e. policies 6.1.2.1 and 7.1.2.4), Open Space and Trails Master Plan, Drainage Ordinance, and Drainage Design Manual all identify riparian area considerations, guidance, and policies. Guidelines to avoid, minimize, or mitigate impacts to riparian habitat can be found at https://www.azgfd.com/wildlife/planning/wildlifeguidelines/. Based on the project type entered, further consultation with the Arizona Game and Fish Department and Pinal County may be warranted. HDMS records indicate that Sonoran Desert Tortoise have been documented within the vicinity of your project area. Please review the Tortoise Handling Guidelines found at: https://www.azgfd.com/wildlife/nongamemanagement/tortoise/ HDMS records indicate that Western Burrowing Owls have been documented within the vicinity of your project area. Please review the western burrowing owl resource page at: https://www.azgfd.com/wildlife/speciesofgreatestconservneed/burrowingowlmanagement/. Powered by TCPDF (www.tcpdf.org) Page 13 of 13Marana Regular Town Council Meeting January 17, 2023 Page 155 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 156 of 311 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 Wentz 154 Rezoning rezoning to R-4 zone for SFR development 694 217-24-0040 154.5 ac 13111 & 13135 W. Marana Rd. N/A MC RB Land 154 Marana, LLC Randy Bury 6720 N. Scottsdale Rd., Ste. 380 Paradise Vall AZ 85253 rbury@modernecommunities.com (480) 993-7690 Lazarus & Silvyn, P.C.Robin Large & Keri Silvyn 5983 E. Grant Rd., Ste. 290 Tucson AZ 85712 RLarge@LSLawAZ.com (520) 207-4464 The WLB Group Jerry Zillman 1600 W. Broadway Rd., Ste. 150 Tempe AZ 85282 jzillman@wlbgroup.com (480) 736-1600 Robin Large Robin Large Digitally signed by Robin Large Date: 2022.07.01 15:32:06 -07'00'7/1/2022 Marana Regular Town Council Meeting January 17, 2023 Page 157 of 311      Council-Regular Meeting   A2        Meeting Date:01/17/2023   To:Mayor and Council From:Brian Varney, Senior Planner Date:January 17, 2023 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Ordinance No. 2023.002: Relating to Development; approving a rezoning of approximately 165 acres of land located east of Interstate 10, east and west of Adonis Road, and approximately 1.2 miles north of Tangerine Road from Zone E (Transportation Corridor) to R-4 (Residential), R-5 (Residential), and MR-1 (Multi-Family Residential); and approving and authorizing the Mayor to sign the Development Agreement Regarding Streets Development Impact Fee Credits for the Stonegate Development Project (Brian Varney)     Discussion: Request Paradigm Land Design, LLC is requesting approval to rezone approximately 165 acres of land from Zone E (Transportation Corridor) to R-4 (Residential), R-5 (Residential), and MR-1 (Multi-Family Residential).  Marana General Plan The 2040 Marana General Plan designates the proposed rezoning area with the land use category of Traditional Neighborhood (TN). Traditional Neighborhood provides a residential density range of two (2) du/ac to eighteen (18) du/ac, and accommodates both single-family and multi-family residential uses.     Surrounding Land Use and Site Characteristics The rezoning area is bordered to the north by undeveloped, Arizona State Land Marana Regular Town Council Meeting January 17, 2023 Page 158 of 311 The rezoning area is bordered to the north by undeveloped, Arizona State Land Department property zoned Agricultural (AG). Adjacent, to the east of the rezoning area, is the Central Arizona Project canal, beyond which is undeveloped Zone E (Transportation Corridor) land. The south and west boundaries of the rezoning area are adjacent to both the Tortolita Shadows Specific Plan and the Rancho Marana Specific Plan (East), both of which are undeveloped at this time but are currently being master planned with the proposed rezoning area to be known as the Stonegate development.   The topography of the proposed rezoning area is characterized by relatively flat terrain with an average overall cross slope of approximately 1.3% from the northeast to the southwest. Town staff will require the submittal and approval of a drainage study and will evaluate all on-site and off-site drainage in greater detail during the review of the preliminary plats for this area. Proposed Land Use The Preliminary Development Plan for Stonegate East proposes both single-family and multi-family residential uses. The anticipated lot configuration shown proposes a mix of residential zoning categories with approximately 10.2 acres of Multi-family (MR-1), 55.6 acres of R-4 (minimum lot size of 4,000 S.F.), and 86.5 acres of R-5 (minimum lot size of 5,000 S.F.). A total of 777 residential units are anticipated within the rezoning area yielding a gross density of 4.7 dwelling units per acre. The proposed rezoning area is planned to be integrated into the much larger Stonegate Master Plan that includes the portion of the Rancho Marana Specific Plan east of I-10, as well as the existing Tortolita Shadows Specific Plan that was approved by the Town Council in July of 2012. The development of the Stonegate Master Plan will result in the construction of a large amount of infrastructure east of Interstate 10 including major roadways such as the ultimate-width Adonis Road, a portion of Moore Road, a large collector loop road and numerous internal streets with the corresponding utilities and drainage facilities required. The Preliminary Development Plan within the site analysis document illustrates a community park, approximately 5 acres in size, as well as a number of smaller neighborhood parks. Given the rezoning area will not necessarily contain a stand-alone development, and will be integrated into a larger planning area, staff will defer the ultimate park and recreation component of the proposed preliminary development plan to the platting stage of the development. The individual plats within the master plan will be carefully reviewed for compliance with the Town's recreational area standards. Parks, trails, and paths will be coordinated within the larger, master planning area to ensure seamless connectivity not only within Stonegate, but also with the adjacent Mandarina project to the south. It should be noted that some of the planning areas (blocks) shown on the Preliminary Development Plan extend beyond the boundary of the Rezoning Area and overlap the existing specific plans [Tortolita Shadows and Rancho Marana (East)]. Staff has been working with the applicant on this matter, and it has been Marana Regular Town Council Meeting January 17, 2023 Page 159 of 311 determined that the most practical and efficient solution is to perform a minor amendment to the conceptual land use plans for both specific plans, specifically along portions of the perimeter of each plan. This will enable the applicant and the Town to process forthcoming preliminary and final plats in accordance with the desired layout shown on the master plan and avoid abrupt divisions at the respective boundaries. Access and Circulation  Access to the rezoning area shall be provided through the Stonegate Master Plan area via the construction of the ultimate-width Adonis Road, and a portion of Moore Road, as well as a collector loop road and various internal streets. The property owners / developers shall be required to build Adonis Road to a four-lane divided roadway within their development. Based on future traffic volumes, property owners/developers will also be required to expand Adonis Road to a four-lane divided roadway, south to Mandarina Boulevard in accordance with review performed by the Town's Traffic Engineering Division. The overall Stonegate Master Plan Traffic Impact Analysis, which includes the proposed rezoning area, is under review and has not yet been approved by the Marana Traffic Engineering Division.    Utilities The rezoning area is located within the Town of Marana water service area and will be served by the Town. The property owner / developer will be responsible for the extension of the public water system required to serve the area. A proposed plan identifying water use, fire flow requirements and all on-site and off-site water facilities will be required. Water service agreement(s) will be required, and all necessary on-site and off-site water infrastructure will be required to be constructed by the property owner / developer at time of development. Sewer service will be provided to the rezoning area by Marana Water.  The property owner / developer will be responsible for onsite sewer infrastructure, including an anticipated lift station, and will be required to provide all necessary sewer plans and models to the Town for review and approval.  The rezoning area lies within the service areas of Northwest Fire District, TRICO, Southwest Gas, Century Link and Comcast.   Citizen Participation There are only three property owners (U.S. Bureau of Reclamation, Mandarina Holdings, LLC, and TMR Investors, LLC) within the general vicinity of the rezoning area. The applicant contacted owners directly by mail, providing a narrative and map of the proposed rezoning, and asked to be contacted directly with any questions or comments regarding the proposal.The applicant has been working directly with Mandarina Holdings, LLC, the property owners directly to the south, throughout the planning and design of the project. No response was received from the other two entities. Public Notification This public hearing was appropriately noticed in The Daily Territorial, and all property owners within 300 feet of the boundary of the rezoning area were Marana Regular Town Council Meeting January 17, 2023 Page 160 of 311 noticed by United States mail of the date, time, and topic of the public hearing. Additional notice was posted at various locations within the community.    Case Analysis 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: Any change of character in the area due to installation of public facilities, other zone changes, new growth trends, deterioration, and development; 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; With the acceptance of the recommended conditions, this rezoning will benefit the community by extending public services and trails and 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; 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; 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; 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; With the acceptance of the recommended conditions, the existing and Marana Regular Town Council Meeting January 17, 2023 Page 161 of 311 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; 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; 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; 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;  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; 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. Development Agreement This public hearing was originally scheduled before Council on October 4, 2022, and was continued to November 15, 2022, to allow further discussion between the developer and the Town regarding funding of transportation infrastructure, specifically related to the Tangerine Road/I-10 and the Marana Road/I-10 traffic interchanges. On November 15, 2022, the public hearing was continued to January 17, 2023, to allow the developer and Town staff to continue work on a development agreement. At the time of this writing, staff and the developer continue to negotiate the terms of a development agreement and anticipate having a finalized agreement ready for Council approval on January 17. Town staff has added the following condition to the proposed rezoning ordinance: The Property Owners shall pay to the Town their proportionate financial share up-front for the costs to design, construct, or otherwise improve the circulation to and within the Marana Road/I-10 traffic interchange and the Tangerine Road/I-10 traffic interchange in accordance with the development agreement approved pursuant to Section 1 of this ordinance.  The Property Owners’ proportionate share will be determined based on the number of Equivalent Dwelling Units in the Rezoning Area and the assumptions in the Streets Facilities Infrastructure Marana Regular Town Council Meeting January 17, 2023 Page 162 of 311 Improvements Plan approved by the Town of Marana Mayor and Council on September 20, 2022. As provided by A.R.S. § 9-463.05, the Property Owners’ proportionate financial contribution shall be credited against the applicable impact fees payable for development within the Stonegate Development Project.   Staff Recommendation: This is a discretionary item for the Town Council to consider. Should the Town Council choose to approve this item, staff recommends the approval be subject to the conditions set forth in the draft ordinance attached. Suggested Motion: I move to adopt Ordinance No. 2023.002, approving the Stonegate East Rezoning subject to the recommended conditions and approving and authorizing the Mayor to sign the Development Agreement Regarding Streets Development Impact Fee Credits for the Stonegate Development Project .  Attachments Ordinance No. 2023.002 Exhibit A to Ordinance Exhibit B to Ordinance PCZ2110-003 SGE Map PCZ2110-003 SGE App PCZ2110-003 SGE Site Analysis Marana Regular Town Council Meeting January 17, 2023 Page 163 of 311 Ordinance No. 2023.002 - 1 - MARANA ORDINANCE NO. 2023.002 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 165 ACRES OF LAND LOCATED EAST OF INTERSTATE 10, EAST AND WEST OF ADONIS ROAD, AND APPROXIMATELY 1.2 MILES NORTH OF TANGERINE ROAD FROM ZONE E (TRANSPORTATION CORRIDOR) TO R-4 (RESIDENTIAL), R-5 (RESIDENTIAL) AND MR-1 (MULTI-FAMILY RESIDENTIAL); AND APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE DEVELOPMENT AGREEMENT REGARDING STREETS DEVELOPMENT IMPACT FEE CREDITS FOR THE STONEGATE DEVELOPMENT PROJECT WHEREAS CLB Real Property Holding Company LLC, and Tangerine PBS LLC, (the “Property Owners”) own approximately 165 acres of land located east of Interstate 10, east and west of Adonis Road, and approximately 1.2 miles north of Tangerine Road within Section 25 Township 11 South, and Range 11 East, 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 Zone E (Transportation Corridor) to R-4 (Residential, Single-Family), R-5 (Residential, Single-Family), and MR-1 (Residential, multi-family) (“this Rezoning”); and WHEREAS the Rezoning Area is also known as “Stonegate East,” which together with the property zoned as the Tortolita Shadows Specific Plan by Marana Ordinance No. 2012.05, recorded in the Office of the Pima County Re-corder at Sequence No. 20122160463, and the property zoned as the Rancho Marana East Specific Plan by Marana Ordinance No. 99.13, recorded in the Office of the Pima County Recorder at Docket 11057 Page 1189, comprise the project known as the “Stonegate Development Project ;” and WHEREAS the Marana Town Council adopted Ordinance No. 2012.05 on July 17, 2012 approving the Tortolita Shadows Specific Plan, which includes conditions that directly affect the development of the Rezoning Area and shall remain; and WHEREAS the Marana Planning Commission held a public hearing to consider this Rezoning on March 30, 2022, and voted unanimously 6-0 to recommend that the Town Council approve this Rezoning subject to the recommended conditions, plus an amended condition, as requested by staff; and Marana Regular Town Council Meeting January 17, 2023 Page 164 of 311 Ordinance No. 2023.002 - 2 - WHEREAS the Marana Mayor and Town Council held a public hearing to consider this Rezoning on October 4, 2022, which public hearing was continued until November 15, 2022; and WHEREAS the Marana Mayor and Town Council held a public hearing to consider this Rezoning on November 15 2022, which public hearing was continued until January 17, 2023; and WHEREAS Town staff has negotiated the terms of the Development Agreement Regarding Streets Development Impact Fee Credits for the Stonegate Development Project to address funding of the Marana Road/I-10 and Tangerine Road/I-10 traffic interchange projects; and WHEREAS the Marana Town Council finds that Development Agreement Regarding Streets Development Impact Fee Credits for the Stonegate Development Project, presented to the Town Council at its January 17, 2023 meeting and incorporated within the agenda materials associated with this Council agenda item, is consistent with the Marana General Plan, this Rezoning, and all other applicable Town regulations and policies; and WHEREAS the Marana Mayor and Town Council held a public hearing to consider this Rezoning on January 17, 2023, and determined that this Rezoning and the Development Agreement Regarding Streets Development Impact Fee Credits for the Stonegate Development Project should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The Development Agreement Regarding Streets Development Impact Fee Credits for the Stonegate Development Project is hereby approved in the form presented to the Town Council at its January 17, 2023 meeting and incorporated within the agenda materials associated with this Council agenda item, and the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of Marana. Section 2. The zoning of the Rezoning Area is hereby changed from Zone E (Transportation Corridor) to R-4 (Residential, single-family), R-5 (Residential, single- family), and MR-1 (Residential, multi-family), as depicted on Exhibit “B” attached to and incorporated in this ordinance by this reference. Section 3. This Rezoning is subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Marana Town 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 ordinances current at the time of any subsequent development including, but not limited to, Marana Regular Town Council Meeting January 17, 2023 Page 165 of 311 Ordinance No. 2023.002 - 3 - 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 general 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 Marana Water (the “water utility”) prior to approval of a preliminary plat or development plan 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 water 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 Marana Water (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 associated 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 with the approval of a preliminary plat or development plan for any portion of the Rezoning Area. 7. The final design of all streets and circulation facilities, including gated access (if applicable) must be accepted by the Northwest Fire District prior to Town Council consideration of a final plat for any portion of the Rezoning Area. 8. The maximum number of residential lots within the Rezoning Area shall not exceed 777. 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 Marana Regular Town Council Meeting January 17, 2023 Page 166 of 311 Ordinance No. 2023.002 - 4 - 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 water provider, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II for 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 water provider 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 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. Final approval of a Traffic Impact Analysis must be issued by the Traffic Engineering Division prior to the approval of any final subdivision plat within the Rezoning Area. 14. The Property Owners shall be responsible for design and construction of traffic signals at any loop road intersection with Adonis Road within the Rezoning Area, when found warranted by traffic studies, and consistent with Town of Marana Ordinance No. 2012.05. 15. The Property Owners shall be required to build Adonis Road to a four-lane divided roadway within the Stonegate Master Plan development. Based on traffic analyses, the Property Owners will also be required to expand Adonis Road to a four-lane divided roadway south to Mandarina Boulevard in accordance with review performed by the Town’s Traffic Engineering Division. 16. The Property Owners shall pay to the Town their proportionate financial share up- front for the costs to design, construct, or otherwise improve the circulation to and within the Marana Road/I-10 traffic interchange and the Tangerine Road/I-10 traffic interchange in accordance with the development agreement approved pursuant to Section 1 of this ordinance. The Property Owners’ proportionate share will be determined based on the number of Equivalent Dwelling Units in the Rezoning Area and the assumptions in the Streets Facilities Infrastructure Improvements Plan approved by the Town of Marana Mayor and Council on September 20, 2022. As provided by A.R.S. § 9-463.05, the Property Owners’ proportionate financial contribution shall be credited against the applicable impact fees payable for development within the Stonegate Development Project. Marana Regular Town Council Meeting January 17, 2023 Page 167 of 311 Ordinance No. 2023.002 - 5 - 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of January, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting January 17, 2023 Page 168 of 311 Order No. 20000962-020-RES-DP9 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 3 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. EXHIBIT A to Marana Ordinance No. 2023.002 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: (APN: 217-33-001F and 217-33-001E) The East half of Section 25, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona; EXCEPT the West half of the Southeast quarter; FURTHER EXCEPT that portion described in Judgment recorded in Docket 7780, Page 3 described as follows: BEGINNING at the Southeast corner of said Section 25; THENCE, along the South boundary of said Section 25, South 89 degrees 31 minutes 37 seconds West, a distance of 163.21 feet to a point that bears North 89 degrees 31 minutes 37 seconds East 2482.79 feet from the South quarter corner of said Section 25; THENCE, leaving said South boundary North 30 degrees 26 minutes 46 seconds West, a distance of 223.94 feet; THENCE, North 59 degrees 33 minutes 14 seconds East, a distance of 99.99 feet; THENCE, North 30 degrees 26 minutes 46 seconds West, a distance of 2270.45 feet to a point in the West boundary of the East half of the Southeast quarter of said Section 25; THENCE, along said West boundary North 00 degrees 28 minutes 01 seconds West, a distance of 427.75 feet to the Northwest corner of said East half of the Southeast quarter; THENCE, along the North boundary of the South half of said Section 25, South 89 degrees 32 minutes 12 seconds West, a distance of 246.76 feet; THENCE, leaving said North boundary North 30 degrees 26 minutes 46 seconds West, a distance of 1266.83 feet; THENCE, South 59 degrees 33 minutes 14 seconds West, a distance of 99.99 feet; THENCE, North 34 degrees 49 minutes 22 seconds West, a distance of 406.64 feet; THENCE, North 50 degrees 48 minutes 00 seconds East, a distance of 99.99 feet; THENCE, North 39 degrees 12 minutes 00 seconds West, a distance of 326.34 feet to a point in the West boundary of said East half of Section 25; THENCE, along said West boundary North 00 degrees 27 minutes 16 seconds West, a distance of 938.98 feet to the North quarter corner of said Section 25; Marana Regular Town Council Meeting January 17, 2023 Page 169 of 311 Order No. 20000962-020-RES-DP9 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 4 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. THENCE, along the North boundary of said Section 25 North 89 degrees 33 minutes 18 seconds East, a distance of 913.24 feet to a point that bears South 89 degrees 33 minutes 18 seconds West 1730.47 feet from the Northeast corner of said Section 25; THENCE, leaving said North boundary South 39 degrees 12 minutes 00 seconds East, a distance of 798.10 feet; THENCE, South 30 degrees 26 minutes 46 seconds East, a distance of 2464.96 feet to a point in the East boundary of said Section 25 that bears South 00 degrees 28 minutes 45 seconds East 2757.07 feet from the Northeast corner of said Section 25; THENCE, along said East boundary South 00 degrees 28 minutes 45 seconds East, a distance of 2519.46 feet to the point of BEGINNING. FURTHER EXCEPT that portion lying Northeasterly of the Northeasterly line of that portion described in Judgment recorded in Docket 7780, Page 3 described as follows: BEGINNING at the Southeast corner of said Section 25; THENCE, along the South boundary of said Section 25, South 89 degrees 31 minutes 37 seconds West, a distance of 163.21 feet to a point that bears North 89 degrees 31 minutes 37 seconds East 2482.79 feet from the South quarter corner of said Section 25; THENCE, leaving said South boundary North 30 degrees 26 minutes 46 seconds West, a distance of 223.94 feet; THENCE, North 59 degrees 33 minutes 14 seconds East, a distance of 99.99 feet; THENCE, North 30 degrees 26 minutes 46 seconds West, a distance of 2270.45 feet to a point in the West boundary of the East half of the Southeast quarter of said Section 25; THENCE, along said West boundary North 00 degrees 28 minutes 01 seconds West, a distance of 427.75 feet to the Northwest corner of said East half of the Southeast quarter; THENCE, along the North boundary of the South half of said Section 25, South 89 degrees 32 minutes 12 seconds West, a distance of 246.76 feet; THENCE, leaving said North boundary North 30 degrees 26 minutes 46 seconds West, a distance of 1266.83 feet; THENCE, South 59 degrees 33 minutes 14 seconds West, a distance of 99.99 feet; THENCE, North 34 degrees 49 minutes 22 seconds West, a distance of 406.64 feet; THENCE, North 50 degrees 48 minutes 00 seconds East, a distance of 99.99 feet; THENCE, North 39 degrees 12 minutes 00 seconds West, a distance of 326.34 feet to a point in the West boundary of said East half of Section 25; Marana Regular Town Council Meeting January 17, 2023 Page 170 of 311 Order No. 20000962-020-RES-DP9 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 5 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. THENCE, along said West boundary North 00 degrees 27 minutes 16 seconds West, a distance of 938.98 feet to the North quarter corner of said Section 25; THENCE, along the North boundary of said Section 25 North 89 degrees 33 minutes 18 seconds East, a distance of 913.24 feet to a point that bears South 89 degrees 33 minutes 18 seconds West 1730.47 feet from the Northeast corner of said Section 25; THENCE, leaving said North boundary South 39 degrees 12 minutes 00 seconds East, a distance of 798.10 feet; THENCE, South 30 degrees 26 minutes 46 seconds East, a distance of 2464.96 feet to a point in the East boundary of said Section 25 that bears South 00 degrees 28 minutes 45 seconds East 2757.07 feet from the Northeast corner of said Section 25; THENCE, along said East boundary South 00 degrees 28 minutes 45 seconds East, a distance of 2519.46 feet to the point of BEGINNING. (Parcel No. 2 and Parcel No. 3 below comprise APN: 217-33-002Q, 217-33-002N, 217-33-002R, 217-33-002P and 217-33-002K) Parcel No. 2: The Northwest quarter of Section 25, Township 11 South, Range 11 East of the Gila and Salt River Base and Meridian, Pima County, Arizona; EXCEPT any portion of the West half of said Section 25, conveyed in Docket 7659, Page 5, being more particularly described as follows: BEGINNING at the Northwest corner of said Section 25; Thence along the North boundary of said Section 25, North 89 degrees 33 minutes 18 seconds East recorded (North 89 degrees 45 minutes 44 seconds West, measured), a distance of 1890.12 feet recorded (1889.77 feet, measured) to the TRUE POINT OF BEGINNING; Thence continuing along said North boundary, North 89 degrees 33 minutes 18 seconds East recorded (North 89 degrees 45 minutes 44 seconds West, measured), a distance of 753.59 to the Northeast corner of said West half of Section 25; Thence along the East boundary of said West half, South 00 degrees 27 minutes 16 seconds East recorded (South 00 degrees 12 minutes 48 seconds East, measured), a distance of 938.98 feet to the point that bears North 00 degrees 27 minutes 16 seconds West recorded (North 00 degrees 12 minutes 48 seconds West, measured), 4338.86 feet distant from the South quarter corner of said Section 25; Thence leaving said East boundary, North 39 degrees 12 minutes 00 seconds West recorded (North 38 degrees 31 minutes 35 seconds West, measured), a distance of 1204.08 feet recorded (1204.24 feet measured) to the TRUE POINT OF BEGINNING; AND FURTHER EXCEPT that portion conveyed in Docket 9675, Page 1348 described as follows: Marana Regular Town Council Meeting January 17, 2023 Page 171 of 311 Order No. 20000962-020-RES-DP9 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 6 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. That portion of the West half of Section 25, Township 11 South, Range 11 East of the Gila and Salt River Base and Meridian, Pima County, Arizona, further described as follows: COMMENCING at the Northwest corner of said Section 25; Thence South 00 degrees 02 minutes 54 seconds East, along the West line of said Section 25, a distance of 1980.22 feet to the TRUE POINT OF BEGINNING; Thence North 89 degrees 55 minutes 01 seconds East, 1624.60 feet; Thence along a curve to the right, being concave to the West, having a radius of 1280.73 feet, a central angle of 29 degrees 58 minutes 59 seconds and arc length of 670.21 feet; Thence South 10 degrees 00 minutes 00 seconds West, 604.97 feet; Thence North 80 degrees 00 minutes 00 seconds West, 1453.52 feet to a point of curve: Thence on a curve to the left, concave to the South, having a radius of 1250.00 feet, a central angle of 6 degrees 41 minutes 34 seconds, an arc length of 146.01 feet to the West Section line of said Section 25; Thence North 00 degrees 02 minutes 40 seconds West, along the Section line, 324.03 feet to the West quarter corner thereof; Thence North 00 degrees 02 minutes 54 seconds West, along said Section line, 660.16 feet to the TRUE POINT OF BEGINNING; AND FURTHER EXCEPT that portion described as Parcel 3 Docket 8874, Page 1453, described as follows:: That portion of the West half of Section 25, Township 11 South, Range 11 East of the Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: BEGINNING at the Northwest comer of said Section 25; Thence North 89 degrees 56 minutes 32 seconds East along the North line of said Section 25, a distance of 1652.23 feet to the TRUE POINT OF BEGINNING; Thence North 89 degrees 56 minutes 32 seconds East, a distance of 237.65 feet to a point on the Westerly right of way line of the Central Arizona Project: Thence South 38 degrees 50 minutes 13 seconds East along said right of way line, a distance of 1203.99 feet to a point on the North and South mid-section line of said Section 25: Thence South 00 degrees 04 minutes 54 seconds East, along said North and South mid-section line of said Section 25, a distance of 1700.41 feet to the center of said Section 25: Marana Regular Town Council Meeting January 17, 2023 Page 172 of 311 Order No. 20000962-020-RES-DP9 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 7 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Thence South 00 degrees 04 minutes 54 seconds East, along said North and South mid-section line of said Section 25, a distance of 785.77 feet to a point; Thence North 80 degrees 00 minutes 00 seconds West, a distance of 1086.07 feet to a point; Thence North 10 degrees 00 minutes 00 seconds East, a distance of 604.97 feet to the point of curvature of a 1280.73 foot radius curve concave to the Southwest; Thence Northerly along said curve through a central angle of 59 degrees 15 minutes 14 seconds, a distance of 1324.50 feet to a point having a radial bearing of South 40 degrees 44 minutes 46 seconds West; Thence North 26 degrees 37 minutes 26 seconds East, a distance of 880.17 feet to a point; Thence North 00 degrees 04 minutes 09 seconds West, a distance of 659.86 feet to a point on the North line of said Section 25 and the TRUE POINT OF BEGINNING. FURTHER EXCEPTING THEREFROM that portion conveyed to the Town of Marana, an Arizona municipal corporation by Special Warranty Deed recorded July 2, 2018 at Recording No. 20181830679. Parcel No. 3: That portion of the West Half of Section 25, Township 11 South, Range 11 East of the Gila and Salt River Base and Meridian, Pima County. Arizona, further described as follows: COMMENCING at the Northwest comer of said Section 25; Thence North 89 degrees 56 minutes 32 seconds East, along the North Section line, a distance of 1652.23 feet to the TRUE POINT OF BEGINNING: Thence continuing North 89 degrees 56 minutes 32 seconds East, 237.65 feet: Thence South 38 degrees 50 minutes 13 seconds East, 1203.99 feet to a point on the center Section line; Thence South 00 degrees 04 minutes 54 seconds East, along said center Section line, a distance of 1040.26 feet; Thence South 89 degrees 55 minutes 01 seconds West, 1020.12 feet; Thence along a curve to the left, concave to the Southwest, having a radius of 1280.73 feet, a central angle of 29 degrees 16 minutes 15 seconds, an arc length of 654.29 feet; Thence North 26 degrees 37 minutes 26 seconds East, a distance of 880.17 feet; Thence North 00 degrees 04 minutes 09 seconds West, 659.86 feet to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM that portion conveyed to the Town of Marana, an Arizona municipal corporation by Special Warranty Deed recorded July 2, 2018 at Recording No. 20181830679. Marana Regular Town Council Meeting January 17, 2023 Page 173 of 311 Order No. 20000962-020-RES-DP9 EXHIBIT A (Continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 27C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016)Page 8 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. APN: 217-33-002L, 217-33-002K, 217-33-002C, 217-33-001E/217-33-001F Marana Regular Town Council Meeting January 17, 2023 Page 174 of 311 N39°12'04"W 1203.58' N33°12'06"W 396.55' N60°19'04"E 89.92' S59°33'14"W 99.99' N89°32'21"E 1075.69'S0°28'28"E2211.34'N30°26 '42 "W2270.42 ' N89°31'08"E 1159.70' N30°26'46"W 224.44' N59°33'14"E 99.99'N30°26 '43 "W1266.81 ' N89°35'31"E 1047.97'N89°35'31"E 843.29'S9°26'41"E962.48'N89°32'39"E 835.07' S0°25'27"E 929.57' S0°25'27"E 1051.47' S0°27'34"E 659.75' N89°32'39"E 296.41' N89°32'39"E 1514.21' N18°35'36"W 94.28' N18°35'36"W 216.84' L=467.32', R=1199.86' D=22°19'00" L=627.03', R=1199.86' D=29°56'30" N71°05' 0 6 " E 1416.4 8' L=212.61', R=1000.00' D=12°10'50" N18°35'38"W 362.59' L=1128.38', R=1000.00' D=64°39'00" L=561.58', R=1000.00' D=32°10'30" N52°23'50"E 214.81' E R-4 Zoning 62.8± Ac. Grie r R o a d R-4 R-4 R-4 R-5 R-5 MR-1 R-5 F MANDARINA F RANCHO MARANA EAST F TORTOLITA SHADOWS MR-1 Zoning 11.0± Ac. R-5 Zoning 91.4± Ac.Adonis RoadMoore Road In t e r s t a t e - 1 0 Moore R o a d (futur e )CAP Cana l E A AG AG N89°33'09"E 2643.81'S00°29'04"E 2638.34'S00°29'18"E 2638.65'S00°25'23"E 2640.19'N89°31'08"E 2646.28'N89°31'29"E 2646.79' NORTHEAST QUARTER CORNER OF SECTION 25, T11S, R11E SOUTHEAST CORNER OF SECTION 25, T11S, R11E SOUTHWEST QUARTER CORNER OFSECTION 25, T11S, R11E LI EXHIBIT B to Marana Ordinance No. 2023.002 Marana Regular Town Council Meeting January 17, 2023 Page 175 of 311 © Latitude Geographics Group Ltd. 1.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles1.1 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.570 1:36,112 PCZ2110-003 Stonegate East RezoningTown of Marana Planning Marana Town Limits Parcel Labels Parcels (Black) A d o n i s R o a dAdonis Road Tangerine Road PCZ2110-003 Stonegate In t e r s t a t e 1 0 Marana Regular Town Council Meeting January 17, 2023 Page 176 of 311 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 Tortolita Valley East Rezoning 777 Please see attached list 165 Please see attached list CLB Real Property Holding Company LLC Carson Brown 1121 W Warner Rd #109 Tempe AZ 85284 Carson@WHoldings.com (480) 831-2000 Same Paradigm Land Design LLC Paul Oland 7090 N Oracle Rd #178-193 Tucson AZ 85704 GPO@ParadigmLand.US (520) 664-4304 Paul Oland Paul Oland Digitally signed by Paul Oland Date: 2021.10.15 16:20:55 -07'00'10/15/2021 Marana Regular Town Council Meeting January 17, 2023 Page 177 of 311 STONEGATE EAST REZONING SITE ANALYSIS (PCZ2110-003) PREPARED BY: CONTACT: PAUL OLAND GPO@PARADIGMLAND.US (520) 664-4304 IN COLLABORATION WITH: MARCH 2022 Marana Regular Town Council Meeting January 17, 2023 Page 178 of 311 PARADIGM #20BYA01 G:\Projects\20by Artco Ranch\a01 Rezone\0230\Site Analysis\Artco Site Analysis (Sub 3).docx Marana Regular Town Council Meeting January 17, 2023 Page 179 of 311 Stonegate East Site Analysis Table of Contents i TABLE OF CONTENTS I. Introduction .......................................................................................................................... 4 A. Project Overview ..................................................................................................................................... 4 B. Primary Objectives .................................................................................................................................. 4 C. Marana Strategic Plan Compliance .......................................................................................................... 4 II. Inventory & Analysis .............................................................................................................. 5 A. Existing Land Uses ................................................................................................................................... 5 1. Site Location ........................................................................................................................................................ 5 2. Existing Land Uses, Onsite Zoning & General Plan ............................................................................................... 5 3. Existing Adjacent Zoning and Land Uses within ¼-Mile of the Property .............................................................. 6 Exhibit II-A-1: Site Location Map ................................................................................................................................. 8 Exhibit II-A-2: Existing Land Uses ................................................................................................................................ 9 Exhibit II-A-3: Existing General Plan Land Uses ......................................................................................................... 10 Exhibit II-A-4: Existing Zoning ................................................................................................................................... 11 B. Topography and Slope ........................................................................................................................... 12 1. Topographic Characteristics .............................................................................................................................. 12 2. Pre-Development Slope ..................................................................................................................................... 12 Exhibit II-B-1: Topography ........................................................................................................................................ 13 C. Hydrology .............................................................................................................................................. 14 1. Offsite Features Affecting Site ........................................................................................................................... 14 2. Acreage of Upstream Offsite Watersheds ......................................................................................................... 14 3. Onsite Hydrology Characteristics ....................................................................................................................... 15 4. Existing Drainage Conditions along the Downstream Property Boundary ......................................................... 16 Exhibit II-C-1: Onsite Hydrology ................................................................................................................................ 17 Exhibit II-C-2: FEMA Floodplain ................................................................................................................................ 18 D. Vegetation ............................................................................................................................................ 19 1. Onsite Vegetative Communities ........................................................................................................................ 19 2. Significant, Threatened, or Endangered Flora ................................................................................................... 19 3. Vegetative Densities .......................................................................................................................................... 19 Exhibit II-D-1: Vegetation.......................................................................................................................................... 20 E. Wildlife ................................................................................................................................................. 21 Exhibit II-E-1: AZGFD Report ..................................................................................................................................... 22 Marana Regular Town Council Meeting January 17, 2023 Page 180 of 311 Stonegate East Site Analysis Table of Contents ii F. Soils and Geology .................................................................................................................................. 34 1. Soils .................................................................................................................................................................... 34 2. Geology .............................................................................................................................................................. 34 Exhibit II-F-1: Hydrologic Soils .................................................................................................................................. 35 G. Viewsheds ............................................................................................................................................. 36 1. Viewsheds from Adjacent Properties ................................................................................................................. 36 2. Views which may be Blocked by the Proposed Development ........................................................................... 36 3. Site Visibility ....................................................................................................................................................... 36 Exhibit II-G-1: Viewsheds .......................................................................................................................................... 37 Exhibit II-G-2: Viewshed Photographs....................................................................................................................... 38 H. Traffic.................................................................................................................................................... 56 1. Existing / Proposed Offsite Streets between the Development and Nearest Arterial Streets ........................... 56 Exhibit II-H-1: Roadway Network ............................................................................................................................. 58 I. Recreation and Trails ............................................................................................................................. 59 Exhibit II-I-1: Trails, Parks & Recreation .................................................................................................................... 60 J. Cultural, Archaeological, and Historic Resources .................................................................................... 61 1. Onsite Resources ............................................................................................................................................... 61 2. Archaeological Records ...................................................................................................................................... 61 Exhibit II-E-1: WestLand Resources Cultural Resources Report ................................................................................. 62 K. Existing Infrastructure and Public Facilities ............................................................................................ 63 1. Sewer ................................................................................................................................................................. 63 2. Water ................................................................................................................................................................. 63 3. Natural Gas ........................................................................................................................................................ 63 4. Electric ............................................................................................................................................................... 63 5. Fire Service......................................................................................................................................................... 63 6. Police Service ..................................................................................................................................................... 63 Exhibit II-K-1: Existing Wells & Septic Systems .......................................................................................................... 64 Exhibit II-L-1: McHarg Composite Map ..................................................................................................................... 65 Marana Regular Town Council Meeting January 17, 2023 Page 181 of 311 Stonegate East Site Analysis Table of Contents iii III. Land Use Proposal ................................................................................................................66 A. Purpose & Intent ................................................................................................................................... 66 B. Relationship to Town of Marana Adopted Plans ..................................................................................... 66 C. Compatibility to Adjoining Development ............................................................................................... 66 D. Land Use Proposal ................................................................................................................................. 66 Exhibit III-D-1: Proposed Zoning ............................................................................................................................... 67 Exhibit III-D-2: Preliminary Development Plan (PDP) ................................................................................................ 68 E. Grading Concept ................................................................................................................................... 69 F. Post-Development Hydrology ................................................................................................................ 69 Exhibit III-F-1: Post-Development Hydrology ............................................................................................................ 70 G. Vegetation & Landscaping ..................................................................................................................... 71 H. Wildlife ................................................................................................................................................. 71 I. Viewsheds ............................................................................................................................................. 71 J. Traffic.................................................................................................................................................... 72 K. Public Utilities ....................................................................................................................................... 76 1. Water ................................................................................................................................................................. 76 2. Sewer ................................................................................................................................................................. 76 3. Electric ............................................................................................................................................................... 76 4. Natural Gas ........................................................................................................................................................ 76 5. Telecommunications .......................................................................................................................................... 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 M. Recreation & Trails ................................................................................................................................ 81 N. Cultural, Archaeological & Historic Resources ........................................................................................ 81 Marana Regular Town Council Meeting January 17, 2023 Page 182 of 311 Stonegate East Site Analysis II. Inventory & Analysis 4 I. INTRODUCTION A. PROJECT OVERVIEW The Property subject to this rezoning request (the “Property”) is proposed to be developed residentially as part of an assemblage of properties including the existing Tortolita Shadows Specific Plan and Rancho Marana Specific Plan, both of which are adjacent to the Property and both of which allow more intense land uses in areas closer to Interstate-10. The Property is 165 acres and is proposed to house up to 777 units and have an overall density of up to 4.7 homes per acre. In this document the overall assemblage is referred to as the Stonegate Master Plan, and totals approximately 685 acres. The Make Marana 2040 General Plan’s “Traditional Neighborhood” designation is appropriate for the Property, as proposed. The Property has been subject to grazing and/or farming for many years and is surrounded by undeveloped parcels. This document has been prepared in support of a request to rezone the Property from “E Transportation Corridor” to “MR-1 Multi-Family Residential,” “R-4 Residential,” and "R-5 Residential” in order to allow the development as proposed. B. 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 very strong demand for new homes in this northwest part of the greater Tucson metropolitan area. • Provide a variety of residential options to accommodate moderate-income families. • Construct a residential community that is compatible with both existing and future surrounding land uses. • Provide additional recreational opportunities in this part of Marana. • By assembling the Stonegate Master Plan, the developers are building on the previous master planning and zoning of the Tortolita Shadows Specific Plan and Rancho Marana East Specific Plan to include what would otherwise be piecemeal development parcels between those two specific plans and the CAP canal. C. MARANA STRATEGIC PLAN COMPLIANCE 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. This Property within the Stonegate Master Plan will fulfill all these requirements by providing recreation areas and trail connections in accordance with the Town’s recreational design standards. Marana Regular Town Council Meeting January 17, 2023 Page 183 of 311 Stonegate East Site Analysis II. Inventory & Analysis 5 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, which is comprised of two separate areas, is located between the western edge of the CAP canal and the Tortolita Shadows Specific Plan and Rancho Marana East Specific Plan, approximately one-half mile east of Interstate-10 between the alignments of Moore Road and Grier Road within Section 25, Township 11, Range 11 East, Town of Marana, Arizona. The Property lies along to the north and east of the Tortolita Shadows Specific Plan and totals approximately 165 acres and includes Assessor Parcels 217-33-001E, 217-33-001F, 217-33-002K, 217-33-002N, 217-33-002P, 217-33-002Q & 217-33-002R. See Exhibit II-A-1: Site Location Map. The Project’s administrative address is 13106 N. Patton Rd., Marana, AZ 85658. 2. Existing Land Uses, Onsite Zoning & General Plan The Property is currently undeveloped and vacant. See Exhibit II-A-2: Existing Land Uses. The Property is currently zoned E (Transportation Corridor). See Exhibit II-A-4: Existing Zoning. The Make Marana 2040 General Plan designates the Property as Traditional Neighborhood within 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 the Tortolita Shadows Master Plan will help support robust commercial activity throughout Downtown. The Master Plan, including the Property, will provide a variety of housing types and price ranges to promote growth near Downtown Marana. See Exhibit II-A-3: Existing General Plan Land Uses. Marana Regular Town Council Meeting January 17, 2023 Page 184 of 311 Stonegate East Site Analysis II. Inventory & Analysis 6 3. Existing Adjacent Zoning and Land Uses within ¼-Mile of the Property 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 & AG Agricultural Existing land use: CAP Canal & Arizona State Land NE: Existing zoning: A-Small Lot Zone & AG Agricultural Existing land use: CAP Canal & Arizona State Land E: Existing zoning: AG Agricultural Existing land use: CAP Canal & Arizona State Land SE: Existing zoning: AG Agricultural & Specific Plan Existing land use: CAP Canal & Undeveloped S: Existing zoning: Specific Plan Existing land use: Interstate 10 Frontage Road & Undeveloped SW: Existing zoning: Specific Plan Existing land use: Interstate 10 Frontage Road & Artco W: Existing zoning: Specific Plan Existing land use: Artco NW: Existing zoning: AG Agricultural Existing land use: Arizona State Land b. Surrounding Building Heights There are no structures nearby the Property. c. Nearby Pending Rezonings There are no pending rezonings within one-quarter mile. Marana Regular Town Council Meeting January 17, 2023 Page 185 of 311 Stonegate East Site Analysis II. Inventory & Analysis 7 d. Nearby Approved Rezonings The Rancho Marana East Specific Plan is immediately adjacent to the Property’s western boundary. The Property is along the Tortolita Shadows Specific Plan’s northern and eastern boundaries. Both specific plans are part of the Stonegate Master Plan. The Mandarina Specific Plan is immediately south of the Property. A Conditional Use Permit (CUP2110-001) was recently approved in the southwest corner of the Stonegate Master Plan to permit single-family homes within 1,000 feet of the Union Pacific Railroad. e. Nearby Approved Subdivisions & Development Plans The Adonis Mobile Home Park is a little more than a half-mile west of the Property. A portion of the Rancho Marana East Specific Plan was platted in 1999 as La Mirage Estates, but that plat is planned to be abandoned as part of the development of the overall Stonegate Master Plan. f. Architectural Styles used in Adjacent Properties Adjacent properties are not developed. The nearest development is the Adonis Mobile Home Park, which is approximately one-half mile west of the Property. Architectural styles in that development are typical of prefabricated homes. The Adonis Mobile Home Park Marana Regular Town Council Meeting January 17, 2023 Page 186 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 187 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 188 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 189 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 190 of 311 Stonegate East Site Analysis II. Inventory & Analysis 12 B. TOPOGRAPHY AND SLOPE 1. Topographic Characteristics The topography of the Property is characterized by relatively flat terrain. The property generally slopes gently downward from northeast to southwest. Elevations range from approximately 2,046 feet above sea level at the northeast corner to approximately 2,010 feet above sea level at the southwest corner of the property. The Property 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 Property is approximately 1.8%, according to the following formula: C = Contour Interval L = Length of Topographic Contours A = Acreage of Property (C x L x 0.0023) / A = Average Cross Slope (1’ x 126,180’ x 0.0023) / 165.2 = 1.8% b. Average Overall Slope The pre-development average overall slope is 1.3% from the northeast corner to the southwest corner of the project boundary. A Relatively Flat Site Marana Regular Town Council Meeting January 17, 2023 Page 191 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 192 of 311 Stonegate East Site Analysis II. Inventory & Analysis 14 C. HYDROLOGY This section of the site analysis was prepared by Bowman Engineering and describes pre-development onsite hydrologic and hydraulic characteristics relative to the overall Stonegate Master Plan because the rezoning property is integrally connected to the overall drainage design. 1. Offsite Features Affecting Site There are several drainage features impacting the site drainage conditions. Upstream of the site, there are two drainage crossings of the CAP channel that will discharge at the site boundary. Downstream of the site there are three drainage crossings of the existing Union Pacific Railroad that will divert flow away from the site. Please see Exhibit II-C-1: Onsite Hydrology. 2. Acreage of Upstream Offsite Watersheds The offsite watershed contributing area impacting this property on the northerly property limits is approximately 31,000± acres (48± sq. mi.). The offsite watershed is characterized by shallow undeveloped areas, with sparse vegetation draining southwesterly from the Tortolita Mountains before being rerouted southeasterly by the CAP Canal and away from the site. However, a portion of the offsite runoff enters the site at Concentration Points I, II & III. Please see Exhibit II-C-1: Onsite Hydrology. The remainder of the watershed runoff is conveyed southeasterly to Tangerine Road where it is routed west onto the I-10 and UPRR facilities. The flow is routed northwesterly from Tangerine Road along the UPRR facilities before entering the site’s southwestern corner, adjacent to the future Mandarina development and associated improvements (Concentration Point IV). A recent study (Existing Conditions Two-Dimensional Hydraulic Modeling Study Report; CMG Drainage Engineering Inc 2020) for the Town of Marana Northwest Area Drainage Master Plan areas East of the Santa Cruz River calculated the design flows for the upstream watershed and associated concentration points, including the following adjacent to the site: Concentration Point Q100 (CFS) I 319 II 490 III 737 IV 3,207 This flow is routed across the property, northwesterly along the east side of the adjacent UPRR berm. There are three drainageway crossings that divert some of the flow west and across the I-10 and UPRR rights-of-way (Please see Exhibit II-C-1: Onsite Hydrology, Concentration Point V, VI, VII). The flow exits the site at Concentration Point VIII. Marana Regular Town Council Meeting January 17, 2023 Page 193 of 311 Stonegate East Site Analysis II. Inventory & Analysis 15 A Floodplain Permit obtained by the Union Pacific RR (Olson 2008) provides the design flows for the diversion flows exiting the site. The diversion concentration points and associated design flows are depicted on Exhibit II-C-1: Onsite Hydrology and summarized as follows: Concentration Point Q100 (CFS) V 75 VI 916 VII 1,695 VIII 2,074 3. Onsite Hydrology Characteristics The previously mentioned study provided the existing drainage conditions for the site as follows: a. 100-Year Floodplains with Discharges ≥ 50 CFS with flow depths greater than 0.2’ There are a total of eight floodplain cross-sections provided by the study Flo-2d model within or adjacent to the project site. These floodplain cross-sections provided the associated design flows that are depicted on Exhibit II-C-1: Onsite Hydrology. b. Areas of Sheet Flooding and Average Depths Historically, the site and offsite areas have been characterized as sheet flooding areas with depths ranging from 1 to 3 feet (Refer to FEMA FIRM Panels 1014C 1030L & 1035L) depicted on Exhibit II-C-2: FEMA Floodplain. However, The CAP channel concentrates the sheet flooding areas (Within Watershed I) before entering onto the site. Currently the site is impacted by concentrated flows at the drainageway crossings over the CAP channel. The flows then disperse onto narrow sheet flooding areas with a 1-foot depth. Similarly, the Railroad improvements have concentrated the flow (Within Watershed II) along its easterly berm and conveyed the runoff northwesterly entering the site at the southwesterly corner and exiting the site at the northwesterly corner. c. Federally mapped floodways and floodplains The FEMA Flood Insurance Rate Map Panel 04019C1035L shows most of the Property to be in Zone X which indicates “areas determined to be outside the 0.2% annual chance floodplain”. Two small portions of the Property align with existing overshoots crossing the CAP canal, which allow some stormwater to enter the Property. Those areas are designated by FEMA as Zone AO-1 which indicates areas of 1% annual chance flooding with an average depth of 1 foot (usually sheet flow on sloping terrain). Please see Exhibit II-C-2: FEMA Floodplain. Marana Regular Town Council Meeting January 17, 2023 Page 194 of 311 Stonegate East Site Analysis II. Inventory & Analysis 16 4. Existing Drainage Conditions along the Downstream Property Boundary There is a (180’+) drainageway owned by the Town of Marana along the southwestern boundary of the Adonis mobile home subdivision that intercepts stormwater runoff from the site and offsite areas and conveys it northwesterly along and adjacent the UPRR right-of-way until it discharges at the Guild Wash (Approximately six miles north of the site). Important to note, there are several side drainageway crossings outlets discharging flow west in the direction of the Interstate-10. Moreover, I-10 contains roadway drainageway crossings that will convey said side flows toward the Santa Cruz Wash. Culverts Beneath Adonis Rd. at the Northern End of the Adonis MHP Channel Marana Regular Town Council Meeting January 17, 2023 Page 195 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 196 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 197 of 311 Stonegate East Site Analysis II. Inventory & Analysis 19 D. VEGETATION 1. Onsite Vegetative Communities There is sparse native vegetation onsite, consisting mainly of Sonoran Desert Scrub. There are no significant or native species within the limits of the Property. 2. Significant, Threatened, or Endangered Flora No threatened or endangered flora are known to exist onsite. 3. Vegetative Densities Vegetative density of the Property is less than 10% plant cover. See Exhibit II-D-1: Vegetation. Marana Regular Town Council Meeting January 17, 2023 Page 198 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 199 of 311 Stonegate East Site Analysis II. Inventory & Analysis 21 E. WILDLIFE The Arizona Game and Fish Department’s online review tool has been consulted, and the Environmental Review report, dated May 14, 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 Town Council Meeting January 17, 2023 Page 200 of 311 Stonegate East Site Analysis II. Inventory & Analysis 22 Exhibit II-E-1: AZGFD Report Marana Regular Town Council Meeting January 17, 2023 Page 201 of 311 Stonegate East Site Analysis II. Inventory & Analysis 23 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Town Council Meeting January 17, 2023 Page 202 of 311 Stonegate East Site Analysis II. Inventory & Analysis 24 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Town Council Meeting January 17, 2023 Page 203 of 311 Stonegate East Site Analysis II. Inventory & Analysis 25 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Town Council Meeting January 17, 2023 Page 204 of 311 Stonegate East Site Analysis II. Inventory & Analysis 26 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Town Council Meeting January 17, 2023 Page 205 of 311 Stonegate East Site Analysis II. Inventory & Analysis 27 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Town Council Meeting January 17, 2023 Page 206 of 311 Stonegate East Site Analysis II. Inventory & Analysis 28 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Town Council Meeting January 17, 2023 Page 207 of 311 Stonegate East Site Analysis II. Inventory & Analysis 29 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Town Council Meeting January 17, 2023 Page 208 of 311 Stonegate East Site Analysis II. Inventory & Analysis 30 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Town Council Meeting January 17, 2023 Page 209 of 311 Stonegate East Site Analysis II. Inventory & Analysis 31 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Town Council Meeting January 17, 2023 Page 210 of 311 Stonegate East Site Analysis II. Inventory & Analysis 32 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Town Council Meeting January 17, 2023 Page 211 of 311 Stonegate East Site Analysis II. Inventory & Analysis 33 Exhibit II-E-1: AZGFD Report (cont’d) Marana Regular Town Council Meeting January 17, 2023 Page 212 of 311 Stonegate East Site Analysis II. Inventory & Analysis 34 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” (Vinton-anthony sandy loams), 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” (sandy clay loam). Detailed geotechnical investigation will be performed prior to development. See Exhibit II-F-1: Hydrologic Soils. 2. Geology The Property 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 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 Town Council Meeting January 17, 2023 Page 213 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 214 of 311 Stonegate East Site Analysis II. Inventory & Analysis 36 G. VIEWSHEDS 1. Viewsheds from Adjacent Properties Primary views from the Property are of flat sandy stretches scattered with desert brush, Tortolita Mountains and Catalina Mountains to the northeast and the Tucson Mountains to the south. Due to the distance to these mountain ranges, and the extremely flat nature of the Property and the surrounding areas, the views are minimal. Development of the Property will not block these views for existing residents 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 Property are excellent and have only minor sight restrictions across the entire property. However, from the east, there is some restriction of site visibility due to the berm bordering the CAP canal. View to the Northeast Across the Property Toward the Tortolita Mountains & Catalina Mountains Marana Regular Town Council Meeting January 17, 2023 Page 215 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 216 of 311 Stonegate East Site Analysis II. Inventory & Analysis 38 Exhibit II-G-2: Viewshed Photographs Photo Location #1: Looking North along the Western Boundary of the Northern Portion of the Property Photo Location #1: Looking Northeast into the Northern Portion of the Property Marana Regular Town Council Meeting January 17, 2023 Page 217 of 311 Stonegate East Site Analysis II. Inventory & Analysis 39 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #1: Looking East into the Northern Portion of the Property Photo Location #1: Looking South along the Western Boundary of the Northern Portion of the Property Marana Regular Town Council Meeting January 17, 2023 Page 218 of 311 Stonegate East Site Analysis II. Inventory & Analysis 40 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #3: Looking Northeast into the southern Portion of the Property Photo Location #3: Looking North along the Western Edge of the southern Portion of the Property Marana Regular Town Council Meeting January 17, 2023 Page 219 of 311 Stonegate East Site Analysis II. Inventory & Analysis 41 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #3: Looking East along the Southern Edge of the southern Portion of the Property Photo Location #3: Looking South from the Southwest Corner of the southern Portion of the Property Marana Regular Town Council Meeting January 17, 2023 Page 220 of 311 Stonegate East Site Analysis II. Inventory & Analysis 42 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #3: Looking West from the Southwest Corner of the southern Portion of the Property Photo Location #4: Looking North from the Southeast Corner of the Southern Portion of the Property. The CAP Canal Berm is Clearly Visible. Marana Regular Town Council Meeting January 17, 2023 Page 221 of 311 Stonegate East Site Analysis II. Inventory & Analysis 43 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #4: Looking East from the Southeast Corner of the Southern Portion of the Property. The CAP Canal Berm is Clearly Visible. Photo Location #4: Looking South from the Southeast Corner of the Southern Portion of the Property Marana Regular Town Council Meeting January 17, 2023 Page 222 of 311 Stonegate East Site Analysis II. Inventory & Analysis 44 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #4: Looking West along the Southern Boundary of the Southern Portion of the Property Photo Location #4: Looking Northwest into the Property from the Southeast Corner of the Southern Portion of the Property Marana Regular Town Council Meeting January 17, 2023 Page 223 of 311 Stonegate East Site Analysis II. Inventory & Analysis 45 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #4: A US Bureau of Reclamation Survey Monument along the CAP Canal Photo Location #5: Looking North from a Point Near the Center of the Property’s Eastern Edge Along the CAP Canal Marana Regular Town Council Meeting January 17, 2023 Page 224 of 311 Stonegate East Site Analysis II. Inventory & Analysis 46 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #5: Looking East from a Point Near the Center of the Property’s Eastern Edge Along the CAP Canal Photo Location #5: Looking Southeast Along the Eastern Edge of the Southern Portion of the Property Marana Regular Town Council Meeting January 17, 2023 Page 225 of 311 Stonegate East Site Analysis II. Inventory & Analysis 47 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #5: Looking South into the Southern Portion of the Property Photo Location #5: Looking West from a Point Near the Center of the Property’s Eastern Edge Marana Regular Town Council Meeting January 17, 2023 Page 226 of 311 Stonegate East Site Analysis II. Inventory & Analysis 48 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #5: Looking Northwest into the Northern Portion of the Property Photo Location #7: Looking North from the Northeast Corner of the Northern Portion of the Property Marana Regular Town Council Meeting January 17, 2023 Page 227 of 311 Stonegate East Site Analysis II. Inventory & Analysis 49 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #7: Looking East from the Northeast Corner of the Northern Portion of the Property Photo Location #7: Looking Southeast Along the Eastern Edge of the Northern Portion of the Property Marana Regular Town Council Meeting January 17, 2023 Page 228 of 311 Stonegate East Site Analysis II. Inventory & Analysis 50 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #7: Looking South into the Northern Portion of the Property from its Northeast Corner Photo Location #7: Looking Southwest into the Northern Portion of the Property from its Northeast Corner Marana Regular Town Council Meeting January 17, 2023 Page 229 of 311 Stonegate East Site Analysis II. Inventory & Analysis 51 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #7: Looking West Along the Northern Edge of the Northern Portion of the Property Photo Location #8: Looking North from the Northwest Corner of the Northern Portion of the Property Marana Regular Town Council Meeting January 17, 2023 Page 230 of 311 Stonegate East Site Analysis II. Inventory & Analysis 52 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #8: Looking Northeast from the Northwest Corner of the Northern Portion of the Property Photo Location #8: Looking East Along the Northern Edge of the Northern Portion of the Property Marana Regular Town Council Meeting January 17, 2023 Page 231 of 311 Stonegate East Site Analysis II. Inventory & Analysis 53 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #8: Looking Southeast into the Northern Portion of the Property from its Northwest Corner Photo Location #8: Looking South Along the Western Edge of the Northern Portion of the Property Marana Regular Town Council Meeting January 17, 2023 Page 232 of 311 Stonegate East Site Analysis II. Inventory & Analysis 54 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #8: Looking West from the Northwest Corner of the Northern Portion of the Property Photo Location #8: Looking Northwest away from the Property from the Northwest Corner of the Northern Portion of the Property Marana Regular Town Council Meeting January 17, 2023 Page 233 of 311 Stonegate East Site Analysis II. Inventory & Analysis 55 Exhibit II-G: Viewshed Photographs (cont’d) Photo Location #8: Marana Survey Monument near the Northwest Corner of the Northern Portion of the Property Adonis Road Entering the Western Edge of the Northern Portion of the Property Marana Regular Town Council Meeting January 17, 2023 Page 234 of 311 Stonegate East Site Analysis II. Inventory & Analysis 56 H. TRAFFIC 1. Existing / Proposed Offsite Streets between the Development and Nearest Arterial Streets Grier Road extends from Postvale Road to Patton Road. East of Postvale the roadway is known as Adonis Road and extends south to Tangerine Road in a temporary condition including one lane in each direction. The Mandarina development to the south of the Stonegate Master Plan will be improving their portion of Adonis to its ultimate design cross-section. The Town or private developers will be extending Adonis Road from the southern end of Mandarina across the CAP syphon to Tangerine Road. 2. Nearby Arterial Streets All the traffic generated by this project will be accommodated by Adonis Road, Tangerine Road, Postvale Road, Cochie Canyon Road, Moore Road, and Interstate-10. An analysis of capacity by Southwest Traffic Engineering has been submitted as a standalone report. Roadway Name Planned Right-of-Way Width Exist. Lanes Median Type Speed Limit General Plan Designation Adonis Rd. (Thru Project) 250’ 2 None 45 mph Prop. Arterial Adonis Rd. (NW of Project) 60’ 2 None 35 mph None Grier Rd. 150’ 2 None 25 mph Exist. Arterial Tangerine Rd. 300’ 2 None 40-50 mph Exist. Arterial Postvale Rd. 95’ 2 None 35 mph Exist. Collector Cochie Canyon Rd. 190’ 3 None 40 mph Exist. Arterial Moore Rd. 150’ – 250’ 0 None n/a Prop. Arterial Interstate 10 Varies 6 Depressed 75 mph Interstate Grier Rd. West of the Project Marana Regular Town Council Meeting January 17, 2023 Page 235 of 311 Stonegate East Site Analysis II. Inventory & Analysis 57 3. Nearby Arterial Intersections Two arterial intersections that will carry traffic generated by this development exist within a mile of the Property: Adonis Road / Moore Road and Adonis Road / Tangerine Road. Neither intersection exists today, bu both are planned to be signalized in the future. 4. Nearby Bicycle / Pedestrian Ways As with much of the area immediately east of Interstate-10, pedestrian facilities are currently lacking. Marana Regular Town Council Meeting January 17, 2023 Page 236 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 237 of 311 Stonegate East Site Analysis II. Inventory & Analysis 59 I. RECREATION AND TRAILS Although the Ora Mae Harn District Park is only 1.25 miles due west of the Property (and only 0.6 miles west of the Stonegate Master Plan), the Union Pacific Railroad and Interstate-10 significantly impede convenient access to it. As such, a significant need exists to provide community parks on this side of Interstate-10. The Mandarina Specific Plan just south of the Property acknowledges this fact and will include a community park. Similarly, the Tortolita Shadows Specific Plan, which is part of the Stonegate Master Plan, will include two community parks that will provide nearby recreational amenities to the Property. The Town recently opened the Central Arizona Project Trailhead located off of Adonis Road, approximately one quarter mile north of Tangerine Road. The Town’s Parks & Recreation website describes the trailhead as “the gateway to the CAP trail system that runs north from Marana 17 miles into Pinal County”. See Exhibit II-I-1: Trails, Parks & Recreation. Marana Regular Town Council Meeting January 17, 2023 Page 238 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 239 of 311 Stonegate East Site Analysis II. Inventory & Analysis 61 J. CULTURAL, ARCHAEOLOGICAL, AND HISTORIC RESOURCES 1. Onsite Resources Four previously identified cultural resource sites were known to exist on the Property prior to this project's commencement. Any cultural resources that are located during construction will be dealt with in accordance with State and local antiquities laws and protocols. 2. Archaeological Records The Property was surveyed for cultural resources by WestLand Resources in May 2021. Six sites of potential significance were identified and are currently the subject of further study in coordination with the Town of Marana's Environmental Services Department. Marana Regular Town Council Meeting January 17, 2023 Page 240 of 311 Stonegate East Site Analysis II. Inventory & Analysis 62 Exhibit II-E-1: WestLand Resources Cultural Resources Report Marana Regular Town Council Meeting January 17, 2023 Page 241 of 311 Stonegate East Site Analysis II. Inventory & Analysis 63 K. EXISTING INFRASTRUCTURE AND PUBLIC FACILITIES 1. Sewer The Property is within the Marana Wastewater service area. A sewer line is currently being constructed under Interstate-10 and the UPRR by the developer of the Mandarina Specific Plan. In addition, downstream line capacity improvements are planned by the Town in the next couple years, which should result in adequate capacity to accept wastewater from this project and others along the east side of Interstate-10. The developer will provide a sewer master plan model to confirm all applicable system capacities prior to improvement plan submittal. No septic systems are known to be within 100 feet of the Property. See Exhibit II-K-1: Existing Wells & Septic Systems. 2. Water The Property is within the Marana Water intended service area. No public or private wells are believed to exist within 100 feet of the Property. Two wells are believed to exist within the overall Stonegate Master Plan (55-622115 & 55-634058). 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 TRICO service area. 5. Fire Service Northwest Fire District has indicated that they can serve the property if the Districts boundary is expanded to include the Property, which will occur during the platting phase. 6. Police Service The property is located within the Town of Marana Police service area. Marana Regular Town Council Meeting January 17, 2023 Page 242 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 243 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 244 of 311 Stonegate East Site Analysis III. Land Use Proposal 66 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 Property’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 vicinity, including the Tortolita Shadows Specific Plan, the Rancho Marana Specific Plan, and the Mandarina Specific Plan have densities within this range or higher. Development of the Stonegate Master Plan, including this Property, will result in construction of significant public traffic, utility, and drainage infrastructure at the developer’s cost, thus helping to fulfill the long-term land use vision set forth in Make Marana 2040. 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. This Property within the Stonegate Master Plan will fulfill all these requirements by providing recreation areas and trail connections in accordance with the Town’s recreational design standards. C. COMPATIBILITY TO ADJOINING DEVELOPMENT The Property’s lack of adjacent residential areas minimizes the potential for this development to impact nearby landowners. D. LAND USE PROPOSAL This rezoning is designed to blend with and be part of the overall Stonegate Master Plan which includes the previously approved Tortolita Shadows Specific Plan and Rancho Marana Specific Plan. Residences built within this Project will be subject to the Town of Marana Residential Design Standards. The Master Plan includes a mix of residential densities as allowed by the existing Specific Plans and will also include a comprehensive open space system that will provide convenient access to a variety of recreational amenities that currently are not available in this part of Marana east of Interstate-10. The development of the Master Plan will also include construction of the ultimate Adonis Road design cross-section, a length of Moore Road, a collector loop road, regional drainage infrastructure, and extensions of the public utility systems. Some residential lots within the Master Plan cross the boundaries between this rezoning area and the two adjacent Specific Plans. Working with Town Staff it was agreed that a minor amendment to the appropriate Specific Plan will be completed prior to approval of a plat or development plan for any affected lot or parcel. Marana Regular Town Council Meeting January 17, 2023 Page 245 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 246 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 247 of 311 Stonegate East Site Analysis III. Land Use Proposal 69 E. GRADING CONCEPT This Property has historically been used for agricultural purposes, and thus contains no hillsides, ridges, rock outcrops, or significant vegetation. During development the Property will be mass graded in coordination with the rest of the Stonegate Master Plan in order to balance the earthwork and provide the necessary slopes for stormwater drainage and wastewater flow. F. POST-DEVELOPMENT HYDROLOGY This section of the site analysis was prepared by Bowman Engineering and describes post- development onsite hydrologic and hydraulic characteristics relative to the overall Stonegate Master Plan because the rezoning property is integrally connected to the overall drainage design. Conveyance of the offsite flows through the development will be provided via new constructed channels, culverts, and basins. To safeguard the site against scour and erosion potential channel banks and culvert ends will be stabilized with materials such as stones, riprap, soil cement or gunite to control erosion. Important to note, the existing drainage pattern and existing design flows will remain unchanged by discharging some of offsite flows through the existing diversion drainage facilities along the UPRR right-of-way before the remainder offsite flows drain onto the northwest corner of the project. Even so, due to the critical basin retention/detention requirements and in accordance with the Marana design criteria, onsite flow storage will be located throughout the project, to capture the 100-year and 10-year storm events. Said basins have the added benefit of providing more visual access to common areas. The flow storage basins will ensure the attenuation of the volumetric runoff across the downstream property lines of the site. The large size of the offsite watershed results in a significant time lag of over 20 hours between onsite and offsite time to peak flows. There will be no significant rate runoff flow attenuation at the downstream of the project. Nevertheless, the proposed drainage facilities for the offsite flows and the proposed onsite flow storage basins for the site will avoid any adverse drainage impacts to upstream or downstream properties. Post-development discharges flowing onto the Property will remain the same as under pre-development conditions. 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 Town Council Meeting January 17, 2023 Page 248 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 249 of 311 Stonegate East Site Analysis III. Land Use Proposal 71 G. VEGETATION & LANDSCAPING The Marana Land Development Code, Environmental Resource Preservation, Native Plant and Landscape Requirements, allows for this type of subdivision development. Having been subject to agricultural use for many years, this Property has no existing significant native vegetation anywhere onsite. Native plants will be reintroduced throughout the subdivisions and open space areas in accordance with the Town’s landscape design guidelines. A landscape plan will be submitted at the time of plat review. All native plant preservation and landscaping standards will be addressed in accordance with the Town of Marana Town Code. Open space is primarily located in a number of recreational and drainage-related open spaces throughout the development, all connecting to the regional drainage improvements proposed as part of the Stonegate Master Plan. Landscaping will be installed throughout the open spaces and around the perimeter of the property to meet Marana’s perimeter landscape bufferyard standards. All installed landscaping will be drought tolerant per Marana guidelines. 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. H. WILDLIFE There are no primary wildlife corridors that run through the property. At least 30 days before grading, a 100% area survey must be completed by a qualified wildlife biologist, for the Sonoran Desert Tortoise and 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. Marana Regular Town Council Meeting January 17, 2023 Page 250 of 311 Stonegate East Site Analysis III. Land Use Proposal 72 J. TRAFFIC As part of the development of the Stonegate Master Plan this project will participate in the construction of Adonis Road, a stretch of Moore Road, and a new collector loop road. This new collector road will serve as the main circulation spine for the proposed subdivisions to access Adonis and Moore. Internal neighborhood streets have been designed to create safe traffic movements throughout the neighborhood. This rezoning is expected to generate up to approximately 7,770 total daily trips based on an estimated ten daily trips per household, which will be accommodated by widening of Adonis Road and construction of Moore Road and the collector loop roads. The expected traffic associated with other parts of the Stonegate Master Plan has been addressed as part of the rezonings of the Tortolita Shadows Specific Plan and Rancho Marana East Specific Plan. However, as the entire Stonegate Master Plan is now proposed for development, the “Stonegate Master Plan Traffic Impact Analysis” by Southwest Traffic Engineering has been prepared and submitted to the Town as a standalone report. The report details phasing of required roadway improvements. The executive summary is shown on the following pages. Grier Road West of the Property Marana Regular Town Council Meeting January 17, 2023 Page 251 of 311 Stonegate East Site Analysis III. Land Use Proposal 73 Traffic Impact Analysis Executive Summary Marana Regular Town Council Meeting January 17, 2023 Page 252 of 311 Stonegate East Site Analysis III. Land Use Proposal 74 Traffic Impact Analysis Executive Summary (cont’d) Marana Regular Town Council Meeting January 17, 2023 Page 253 of 311 Stonegate East Site Analysis III. Land Use Proposal 75 Traffic Impact Analysis Executive Summary (cont’d) Marana Regular Town Council Meeting January 17, 2023 Page 254 of 311 Stonegate East 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 will be required to be constructed by the developer as part of the development of the overall Stonegate Master Plan. See Exhibit III-K-1: Preliminary Potable Water Plan. 2. Sewer Much of the Stonegate Master Plan, including a portion of this Property, will gravity sewer to the recently installed manhole at the Master Plan’s southwest corner along Interstate-10. The remainder, also including a portion of this Property, will gravity sewer to a new public lift station to be located southeast of the intersection of Interstate-10 and Moore Road. The wastewater will be pumped from that location to aforementioned manhole. The Town of Marana will be undertaking sewer line capacity improvements further downstream. The developer will provide a sewer master plan model to confirm all system capacities prior to improvement plan submittal. A sewer capacity letter was requested on 12/15/2021 but a response has not yet been received. See Exhibit III-K-2: Preliminary Sewer Plan. 3. Electric The property is located within the TRICO service area. 4. Natural Gas Southwest Gas will supply natural gas services to this development. 5. Telecommunications The development is within the Century Link service area. Existing TRICO Electric Lines along the Western Property Boundary Marana Regular Town Council Meeting January 17, 2023 Page 255 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 256 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 257 of 311 Stonegate East Site Analysis III. Land Use Proposal 79 L. PUBLIC SERVICE IMPACTS 1. Police Stonegate is within Marana’s town limits, and law enforcement jurisdiction. 2. Fire This project will be protected by the Northwest Fire District once it is annexed into the District. 3. Trash & Recycling The Town of Marana does not provide trash and recycling services. The homeowners within Stonegate 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. The District has indicated that is has capacity to serve this development at Estes Elementary School, Marana Middle School and Marana High School. 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 As discussed in Section I. of this site analysis, recreational opportunities are currently minimal on this side of Interstate-10 in Marana. In response, the Stonegate Master Plan will include a number of neighborhood and community parks to serve the recreational needs of future residents. Please see Section III.M. Marana Regular Town Council Meeting January 17, 2023 Page 258 of 311 Stonegate East Site Analysis III. Land Use Proposal 80 Exhibit III-L-1: School District Letter Marana Regular Town Council Meeting January 17, 2023 Page 259 of 311 Stonegate East Site Analysis III. Land Use Proposal 81 M. RECREATION & TRAILS Subdivisions within the Property will include neighborhood parks conveniently located for their future residents and an internal connected network of trails and paths of varying sizes and surface materials that meet Town standards. Public trail easements may be dedicated by future subdivision plats to ensure that the general public has perpetual access through the project area The Mandarina Specific Plan just south of the Property will include a community park. Similarly, the Tortolita Shadows Specific Plan, which is part of the Stonegate Master Plan, will include two community parks that will provide nearby recreational amenities to the Property. Developers of this project will coordinate with adjoining developments to ensure a seamless trail/path network. The Town recently opened the Central Arizona Project Trailhead located off of Adonis Road, approximately one quarter mile north of Tangerine Road. The Town’s Parks & Recreation website describes the trailhead as “the gateway to the CAP trail system that runs north from Marana 17 miles into Pinal County”. Future development within the rezoning area will comply with the recreational area requirements of Section 17-5-3.12 of the Marana Town Code, and a Recreational Area Plan will be submitted at the time of subdivision plat review. N. CULTURAL, ARCHAEOLOGICAL & HISTORIC RESOURCES The Property was surveyed for cultural resources by WestLand Resources in May 2021. Six sites of potential significance were identified and are currently the subject of further study in coordination with the Town of Marana's Environmental Services Department. Image Courtesy the Marana Website Marana Regular Town Council Meeting January 17, 2023 Page 260 of 311      Council-Regular Meeting   A3        Meeting Date:01/17/2023   To:Mayor and Council From:Lisa Shafer, Community Development Director Date:January 17, 2023 Strategic Plan Focus Area: Vibrant Community Strategic Plan Focus Area Additional Info: GOAL:  SUPPORT INITIATIVES THAT ENHANCE THE QUALITY OF MARANA NEIGHBORHOODS.   STRATEGY:  Accept the U.S. Department of Housing an Urban Development's invitation to become a metropolitan city and operate our own Community Block Grant Program.   Subject:PUBLIC HEARING: Resolution No. 2023-007: Relating to Community and Neighborhood Services; approving and authorizing implementation of the Community Development Block Grant Citizen Participation Plan (Lisa Shafer) Discussion: This past September, the Town of Marana received notice from the United States Department of Housing and Urban Development (HUD) that the Town had qualified as a new Metropolitan City and was eligible to start receiving Community Development Block Grant (CDBG) funds directly from HUD.  The Town subsequently notified HUD of the Town's commitment to accept the eligibility status and begin the process of developing our 5-year consolidated plan.  This past fall, staff hired Crescendo Consulting Group, LLC to assist with drafting our 5-year consolidated plan and all other required HUD documents.   The first step in the plan requires the Town Council to adopt a Citizen Participation Plan (CPP).  A draft Citizen Participation Plan was added to the Town website for review and public comment from December 13, 2022 to December 29, 2022.  During this time we received two public comments.  The first comment was a statement of Marana Regular Town Council Meeting January 17, 2023 Page 261 of 311 support for the Town doing their own CDBG program.  The second comment was supportive and also suggested the Town create an advisory group that would meet periodically to recommend/review projects.  A virtual public hearing was held on December 28, 2022. Notice of the virtual public hearing and this public hearing before Town Council were posted a minimum of 15 days prior to each meeting, on the Town's website, in person at Town Hall and the Marana Operations Center, on social media, on Nextdoor and in the Daily Territorial.  The consultant gave a PowerPoint presentation at the virtual public hearing on the CPP process as well as outlining the remainder of the consolidated plan process.  Three members of the public attended this virtual meeting.  The questions were primarily on what funding could be used for as well as how outreach would be done.   From January to May 2023, staff and the consultant will continue work on the 5-year consolidated plan, analysis of impediments, and the first-year annual action plan.  All the necessary documents will be brought back to the Town Council in early May for consideration and adoption.   Staff Recommendation: Staff recommends approval of the Community Development Block Grant (CDBG) Citizen Participation Plan. Suggested Motion: I move to adopt Resolution No. 2023-007; approving and authorizing implementation of the Community Development Block Grant Citizen Participation Plan. Attachments Resolution No. 2023-007 Exhibit A - Draft Citizen Participation Plan Marana Regular Town Council Meeting January 17, 2023 Page 262 of 311 00085903.DOCX /1 Resolution No. 2023-007 - 1 - MARANA RESOLUTION NO. 2023-007 RELATING TO COMMUNITY AND NEIGHBORHOOD SERVICES; APPROVING AND AUTHORIZING IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN PARTICIPATION PLAN WHEREAS the Town of Marana recognizes the need to provide safe, affordable housing and neighborhood infrastructure for its citizens and has applied for Community Development Block Grant (CDBG) funding for these purposes; and WHEREAS for many years, the Town has been a participating jurisdiction in the CDBG and HOME Program funding sponsored by Pima County; and WHEREAS the 2020 census determined that the population of the Town of Marana is now over 50,000 residents, thereby qualifying the Town of Marana as a Metropolitan City to directly receive CDBG and HOME Program funding; and WHEREAS in September the Town of Marana received notice from the United States Department of Housing and Urban Development (HUD) that the Town now qual- ifies as a Metropolitan City and was eligible to receive CDBG funds directly f rom HUD, rather than from Pima County; and WHEREAS following the qualification as a Metropolitan City, Town staff began developing a 5-year consolidated plan in coordination with Crescendo Consulting Group, LLC; and WHEREAS the first step in the plan requires Town Council to adopt a Citizen Par- ticipation Plan (CPP); and WHEREAS during the month of December, both a draft CPP was posted on the Town’s website and a public meeting was held for public comment and review; and WHEREAS the Town Council finds that adoption of the CPP as set forth in this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: Marana Regular Town Council Meeting January 17, 2023 Page 263 of 311 00085903.DOCX /1 Resolution No. 2023-007 - 2 - SECTION 1. The CPP, attached to and incorporated by this reference in this reso- lution as Exhibit A, is hereby approved and the Town Manager is hereby authorized to implement it for and on behalf of the Town of Marana. SECTION 2. 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 17th day of January, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting January 17, 2023 Page 264 of 311 Town of Marana, Arizona Citizen Participation Plan Exhibit A to Marana Resolution No. 2023-007 1 | P a g e Town of Marana, Arizona CITIZEN PARTICIPATION PLAN FINAL FOR TOWN COUNCIL APPROVAL Community & Neighborhood Services Department Town of Marana 11555 W Civic Center Drive Marana, AZ 85653 (520) 382-1926 https://www.maranaaz.gov/community-and-neighborhood-services This document is being provided in a format accessible to persons with disabilities and/or persons with limited English proficiency upon request. The Town of Marana prohibits discrimination on the basis of race, religion, sex, sexual orientation, gender identity, color, ancestry, familial status, serious medical condition, national origin, age or disability, spousal affiliation, in Town employment, Town operated programs, services or facilities. Marana Regular Town Council Meeting January 17, 2023 Page 265 of 311 Town of Marana, Arizona Citizen Participation Plan Exhibit A to Marana Resolution No. 2023-007 2 | P a g e Town of Marana Citizen Participation Plan, 2023-2027 The Town of Marana (Town), as an entitlement community, is eligible to receive Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). This Citizen Participation Plan (Plan) provides for and encourages citizen participation in the CDBG and HOME programs. This Plan is an essential element of the Town’s community development process and has been developed to comply with the regulations of the CDBG and HOME programs as administered by HUD. The Consolidated Plan is a U.S. Department of Housing and Urban Development (HUD) requirement for a Municipality to receive federal housing and community development funding. The Consolidated Plan report examines the housing and community development needs of a municipality, sets priorities for HUD grant monies to which a Town is entitled, identifies the town’s performance in meeting its goals, and establishes a strategic plan for meeting current and future needs. Each Consolidated Plan is also required to have a strategy for citizen participation in the Consolidated Planning process. The Town of Marana is in the process of preparing its Five-Year Consolidated Plan covering the program years 2023 through 2027. This document constitutes the Citizen Participation Plan for the Town of Marana Consolidated Plan. The Citizen Participation Plan (CPP) describes how citizens will participate in four programmatic areas: 1. Development of the Consolidated Plan, 2. Substantial amendments made to the Consolidated Plan, 3. Development of the Annual Action Plan, and 4. Development of the annual performance report (CAPER). Purpose of Citizen Participation Plan The Town of Marana recognizes the importance of public participation in both defining and understanding current housing and community development needs, and prioritizing resources to address those needs. The Town’s Citizen Participation Plan is designed to provide citizens of all ages, genders, economic levels, races, ethnicities, and special needs equal access to become involved each year. This document serves as the Town’s Citizen Participation Plan for the 2023 Consolidated Plan program year, and all subsequent program years through 2027. This Citizen Participation Plan was drafted in accordance with 24 CFR Sections 91.100 and 91.105 of HUD’s Consolidated Plan regulations. In order to ensure maximum participation in the Consolidated Planning process among all populations and needs groups, and in order to ensure that their issues and concerns are adequately addressed, the Town of Marana will follow the standards set forth in its adopted Citizen Participation Plan during development of its Consolidated Plan, Annual Action Plan, Consolidated Annual Performance Evaluation Report (CAPER), and substantial amendments. The participation process will be developed and monitored by the Town of Marana Community & Neighborhood Services Department. The primary objectives of the Town’s Five-Year Citizen Participation Plan are to: Marana Regular Town Council Meeting January 17, 2023 Page 266 of 311 Town of Marana, Arizona Citizen Participation Plan Exhibit A to Marana Resolution No. 2023-007 3 | P a g e • Encourage citizen participation in the development of the Five-Year Consolidated Plan, the Annual Action Plan, the Consolidated Annual Performance Evaluation Report, and substantial amendments with emphasis on participation from individuals and households identified as low to moderate income, residents of slum and blighted areas, minorities, those with limited English proficiency, the disabled and those residing in areas where funding will be utilized. • Provide citizens with reasonable and timely access to meetings, information and records relating to the Town’s plan for utilizing funding in addition to allowing reasonable opportunity to comment on the Five-Year Consolidated Plan, the Action Plan, the Citizen Participation Plan, the Consolidated Annual Performance and Evaluation Report, and substantial amendments. • Provide technical assistance to groups representative of persons of low to mod erate income and of minority populations that request such assistance in developing proposals for funding. As a condition of providing technical assistance, the Town requires that the activities to be addressed in a proposal be consistent with identified community development and housing needs and funding program guidelines, and that funds be available for such activities as may be involved. • Provide public hearings to obtain citizen views and to provide the Town’s responses to proposals and questions at all stages of the community development program year. Public hearings provide for citizen input on community needs, review of proposed uses of funds, and to assess how funds were spent during previous program year. • Provide substantive written response to every written citizen comment or complaint within fifteen (15) working days of receiving statement (where practicable). • Endeavor to meet the needs of non-English speaking and Limited Language Proficiency (LEP) residents in the case of public hearings where a significant number of non-English speaking and/or LEP residents can be reasonably expected to participate. When requested no later than 72 hours prior to a public hearing, appropriate provisions will be determined and made that may include translation of pubic hearing comments and documents into the language of the majority of the non-English speaking or LEP residents affected. A Spanish translator will be available at community meetings when requested. • Provide public hearings at locations accessible to persons with disabilities and make provisions for persons with disabilities when requests are made at least 72 hours business days prior to the hearing. • Provide and allow a method for citizen participation by virtual hearings and/or hybrid virtual and in-person meetings to reduce barriers for participation, such as transportation. If virtual hearings are used, real-time responses and accommodations for persons with disabilities and/or with limited English proficiency will be made available to the greatest extent possible. Marana Regular Town Council Meeting January 17, 2023 Page 267 of 311 Town of Marana, Arizona Citizen Participation Plan Exhibit A to Marana Resolution No. 2023-007 4 | P a g e Citizen Participation Plan Development Process and Adoption The Consolidated Plan process begins with the preparation of the Citizen Participation Plan (CPP) which describes the Plan Development Process. The CPP informs the public about processes and procedures for public access and influence on the Consolidated Plan and Annual Action Plans, and the proposed scheduling for development and submission of the plan. Copies of the CPP are made available at least two (2) weeks prior to a public hearing at the Town of Marana Municipal Complex and on the Town of Marana website, at https://www.maranaaz.gov/community-and-neighborhood-services. The CPP is also made available during the review of the Consolidated Plan. A virtual public hearing to review the draft Citizen Participation Plan will be held in December 2022. The Citizen Participation Plan will go before Town Council for adoption January 2023. Prior to the adoption of the Citizen Participation Plan, implementation of the following public comment, review, and adoption procedures ensure that all citizens have a chance to participate in development of the Plan. i. The Town will provide a notice of the 15-day public review period for the Citizen Participation Plan in local newspapers and on the Town’s website. ii. The proposed Citizen Participation Plan will be available for public review at the Town of Marana Community & Neighborhood Services Department, the Town Clerk’s office, and on the Town’s website. iii. Upon request, the Plan will be made accessible to any person with disabilities. The Town will provide a reasonable number of free copies of the Citizen Participation Plan to citizens and groups that request copies. iv. Comments or views of citizens received in writing during the public review period will be solicited by the Town of Marana staff. Comments can be sent in writing to the attention of Christine Byler, Community & Neighborhood Services Department, 11555 W Civic Center Drive, Marana, AZ 85653. They can also be made by calling (520) 382- 1926 or emailing cbyler@maranaaz.gov iii. The Final Plan will include a summary of public comments and a summary of any comments not accepted and the reasons therefore, all of which will be attached to the final Citizen Participation Plan. Amendment of the Citizen Participation Plan The Town will amend its approved Citizen Participation Plan whenever a change in the public participation process, as outlined in this plan, is proposed. An amendment to the approved Citizen Participation Plan will be reviewed and approved by the Town of Marana Town Council. Notice of any amendment to the Citizen Participation Plan will be published in a newspaper of general circulation no less than 15 days prior to the review and adoption to allow the public the opportunity to review and comment on the amendment. Notice will also be given to key housing and community development organizations in the Town before the 15-day comment period begins. The Citizen Participation Plan will be made available in a format accessible to persons with disabilities upon request. Appeals concerning the amendment should follow the Appeal procedures outlined in this document. Marana Regular Town Council Meeting January 17, 2023 Page 268 of 311 Town of Marana, Arizona Citizen Participation Plan Exhibit A to Marana Resolution No. 2023-007 5 | P a g e Glossary of Relevant Terms CAPER: The Consolidated Annual Performance and Evaluation Report, as required by HUD regulations, reports the Town’s completion of projects and activities as outlined within the Action and Consolidated Plans and the expenditure of Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds at the end of the program year. Consolidated Plan: A five-year plan of the Town’s Housing and Community Development needs, resources, priorities, and proposed activities to be undertaken for both the CDBG and HOME programs. Action Plan: The yearly portion of the Consolidated Plan that identifies the specific activities and projects to be undertaken with CDBG and HOME during that funding/program year by the Town. CDBG: The Community Development Block Grant Program, as established under Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383, and the funding received under such program assists communities to address housing and community development needs, primarily for low- and moderate-income residents. HOME: The HOME Investment Partnerships Program, as established by the Cranston -Gonzalez National Affordable Act of 1990, is designed to provide communities with funding from the U.S. Department of Housing and Urban Development for the creation of affordable housing opportunities through partnerships with other organizations. Median Family Income (MFI): HUD surveys major metropolitan areas annually to develop an index of median family income by household size. Low- and Moderate-Income Households - Pursuant to HUD regulations, the primary beneficiaries of the CDBG and HOME programs should be low- and moderate-income households, defined by HUD as follows: Extremely Low-Income - 0-30% Marana Metropolitan Statistical Area (MSA) Median family income (MFI) adjusted for household size. Low-Income - 31-50% Marana MSA MFI adjusted for household size. Moderate-Income - 51-80% Marana MSA MFI adjusted for household size. Low- and Moderate-Income Neighborhood - Generally defined as a census tract(s) or block group(s) in which a minimum of 51 percent of the residents have an income not exceeding 80 percent of the area median family income. Relevant Areas and Programs The Town of Marana 2023–2027 Consolidated Plan covers the geographic area within the Town limits of Marana. The Town is entitled to receive CDBG and HOME funding from HUD during the 2023, 2024, 2025, 2026, and 2027 program years. Each program year coincides with the Town’s fiscal year of July 1st to June 30th. Marana Regular Town Council Meeting January 17, 2023 Page 269 of 311 Town of Marana, Arizona Citizen Participation Plan Exhibit A to Marana Resolution No. 2023-007 6 | P a g e Consolidated Plan Development Public Process The CPP includes efforts to notify governmental and partnering agencies as well as the affected public about the Plan Development Process and to provide ample opportunity for citizen input at all stages. Plan Development Schedule PLAN DEVELOPMENT SCHEDULE* EVENT DATE Issuance of Citizen Participation Plan with Notice of Hearing December-January Public Meetings to Solicit Input on Needs and Priorities January - March Publication of proposed Consolidated Plan and Action Plan March - April Public Hearing on proposed Action Plan & Budget March - April Finalization of Consolidated Plan and Action Plan April Submit final Proposed Consolidated Plan to the Town Council for Approval May Submission of Action Plan application to HUD May *Specific dates and locations are provided in published notices, through direct mailings, in publicly accessible locations and on the Town of Marana website. Citizen Involvement The 2023-2027 Consolidated Planning processes will offer many opportunities for citizen participation. While the Citizen Participation Plan will aim to ensure the participation of all residents, special assurances will be made to ensure the participation of the followi ng groups: • extremely low-, low-, and moderate-income persons; • persons living in areas where CDBG and HOME funds are proposed to be used; • residents of publicly assisted housing; • low-income residents of target neighborhoods; • minorities and persons of color; • non-English speaking persons; • persons who are homeless; and • persons with physical disabilities. Participation will be solicited and encouraged through the following activities. Citizen participation hearings Three public hearings will be held after the publication of the draft Consolidated Plan, with a presentation of the completed Consolidated Plan and Annual Action Plan to the Town Council. Notification of the public hearings will be provided in a newspaper of general circulation and on the Town of Marana website at https://www.maranaaz.gov/community-and-neighborhood-services. Marana Regular Town Council Meeting January 17, 2023 Page 270 of 311 Town of Marana, Arizona Citizen Participation Plan Exhibit A to Marana Resolution No. 2023-007 7 | P a g e Community meetings Three Consolidated Plan community meetings (also known as public forums or focus groups) will be held to gather public input about the housing and community development needs of citizens and their neighborhoods. The community meetings will also provide an opportunity for citizens and interested parties to obtain information about the Town’s housing and community development programs and eligibility requirements. Town staff will be available at the meetings to provide technical assistance for developing funding proposals for the programs covered by the Consolidated Plan. Two community meetings will be held in early evenings to accommodate work schedules and persons who rely on public transportation and/or are not comfortable driving at night. The locations will be held in low and moderate income areas of the town. At least one community meeting will be virtual to allow persons who do not have access to transportation or other barriers to participant. Community residents will be informed of the community meetings using many methods, including distribution of flyers, personal contact with agencies and advocates, and media releases. All sites selected for the meetings are accessible to the physically disabled. Auxiliary aids and services available to community residents may be, but are not limited to, a qualified sign language interpreter, large print materials, audio tape, a note taker, open or closed captioning, assistive listening devices, web site access, etc. This request should be made to the Town’s Community & Neighborhood Services Outreach Coordinator in writing, or by phone at (520) 382-1926, at least 72 hours prior to the event where that accommodation is needed. A Spanish translator will be available at community meetings when requested. Announcements/invitations Multiple processes will be used to inform citizens, local government officials, advocates, housing and community development officials and providers, organizations serving minority residents, homeless residents, special needs residents, and low income residents, and others about the public hearings and community meetings. Citizens will be given advance notice of the public, postings on the Town website, press releases, emails, and formal publications in in a newspaper of general circulation two weeks prior to public hearings. Public Comment Prior to the adoption of a Consolidated Plan, the Town will make available to interested parties the Draft Consolidated Plan and Executive Summary for a comment period of no less than 30 days. The Draft Consolidated Plan will contain the amount of assistance the Town expects to receive through the HUD CDBG and HOME grants and the activities that are planned for the 2023-2027 Consolidated Planning period. The Draft Plan will also include the Town’s policies related to displacement of low- and moderate-income individuals, reducing poverty, removal of lead- based paint hazards, preventing and mitigating homelessness and removing barriers to fair housing choice. The entire proposed Consolidated Plan will be available for viewing at the Town of Marana Community & Neighborhood Services offices, located at 11555 W Civic Center Drive, Marana, AZ 85653 during the full public comment period. The proposed Consolidated Plan will Marana Regular Town Council Meeting January 17, 2023 Page 271 of 311 Town of Marana, Arizona Citizen Participation Plan Exhibit A to Marana Resolution No. 2023-007 8 | P a g e also be available for viewing on the Town’s website, https://www.maranaaz.gov/community- and-neighborhood-services. Hard copies of the Executive Summary will be available to the public upon request. Upon request, the Plan will be made accessible to any person with disabilities. Citizens or groups that have attended any of the community meetings or public hearings will be notified by mail or email of the Consolidated Plan’s availability for comment. The Town will openly consider any comments of individuals or groups received in writing during the Consolidated Planning process or at public hearings. A summary of the written and public hearing comments will b e included in the Final Consolidated Plan, along with the Town’s response to the comments. The Town will provide a substantive written response to all written citizen comments and complaints related to the Consolidated Plan, amendments, and the CAPER within 15 working days of receiving the comments and complaints. Copies of the comments and complaints, along with the Town’s response will be sent to HUD if they occur outside of the Consolidated Planning process and, as such, do not appear in the Consolidated Plan. Consolidated Annual Performance and Evaluation Report (CAPER) Citizen participation Hard copies of the Draft CAPER will be located at the , Town Clerk’s Office, Community & Neighborhood Services Department Offices, and on the Town’s website at https://www.maranaaz.gov/community-and-neighborhood-services. Citizen Comments Before the Town submits a Consolidated Plan Annual Performance and Evaluation Report (CAPER) to HUD, the Town will make available to interested parties the proposed CAPER for a comment period of no less than 15 days. Citizens will be notified of the CAPER’s availabil ity through newspaper notification. The notification will appear in at least one newspaper that is circulated throughout the Town. The notification may be made as part of the Town’s notification of the public comment period for the CAPER and will be publis hed two weeks before the CAPER comment period begins. Each CAPER will be available for review and viewing at the Town of Marana Community & Neighborhood Services Department offices located at 11555 W Civic Center Drive, Marana, AZ 85653 during the full public comment period. Yearly Action Plans to the Consolidated Plan Excluding 2023 and any year in which a new Consolidated Plan is adopted by the Town, the yearly Action Plan will be adopted through a Citizen Participation Process in which at least four public hearings are held. The public hearings will be conducted on the following basis: Marana Regular Town Council Meeting January 17, 2023 Page 272 of 311 Town of Marana, Arizona Citizen Participation Plan Exhibit A to Marana Resolution No. 2023-007 9 | P a g e Initial Community Meetings There will be two community meetings held at the beginning of the Action Plan process. The community meetings will occur in late fall and/or early winter, generally between November and February each year, and are intended to present the public with an overview of the adopted strategies and priorities of the Consolidated Plan. This will include an overview of allowed activities under the CDBG and HOME programs, as well as an overview of the previous year’s Action Plan activities and projects for the Town. The community will also be able to provide their insights on community needs and potential projects. The community meetings will be held at locations throughout the Town, and each will be held in public buildings located in areas that are close to or within the designated low and moderate- income areas of the Town. Additionally, the meetings will be held in buildings that are accessible to all members of the public. The meetings may be hybrid to allow participants to attend the meeting virtually. Final Action Plan Public Hearings There will be two public hearings held to gather direct input from the public on the overall proposed activities and programs to be completed as part of that year’s Action Plan. The hearings will occur during the 30-day public comment period, generally in late winter or early spring around mid-March to mid-April, prior to consideration of the Action Plan by the Town Council. The hearings will be held at two locations throughout the Town. Additionally, the hearings will be held in buildings that are accessible to all m embers of the public. Citizens will be given advance notice of the public hearings through notifications in late March, postings on Town agency websites, press releases, emails, and publications in a newspaper of general circulation. In the event of a national, state or local declared emergency that limits the ability for in person meetings, virtual hearings* will be an allowed method for citizen participation. If virtual hearings are used, real-time responses and accommodations for persons with disabilities and/or with limited English proficiency will be made available to the greatest extent possible . Citizen Comments Before the Town submits an Annual Action Plan to HUD, the Town will make available to interested parties the proposed Annual Action Plan for a comment period of no less than 30 days. Citizens will be notified of the Annual Action Plan’s availability through newspaper notification. The notification will appear in at least one newspaper of general circulation. The notification may be made as part of the Town’s notification of the public comment period for the Annual Action Plan and will be published between two and three weeks before the CAPER comment period begins. Each Annual Action Plan will be available for review at the Town of Marana Community & Neighborhood Services Department offices, located at 11555 W Civic Center Drive, Marana, AZ 85653 during the full public comment period, and on the Town website, https://www.maranaaz.gov/community-and-neighborhood-services. Marana Regular Town Council Meeting January 17, 2023 Page 273 of 311 Town of Marana, Arizona Citizen Participation Plan Exhibit A to Marana Resolution No. 2023-007 10 | P a g e Substantial Amendments Substantial amendments are funding adjustments or reallocations that involve adding, deleting or shifting 20% or more of the approved funds from one eligible activity to another. An eligible activity is defined in 24 CFR Parts 201 through 206. Substantial amendments will be subject to a 30-day comment period following publication of the proposed amendment in a newspaper of general circulation and posting on the Town web site. A summary of comments or views, and a summary of comments and views not accepted and the reasons therefore, will be attached to the substantial amendment. All other minor changes to activities will be considered informal programmatic amendments and will be so noted in the program file. A copy will be sent to HUD CPD for their information. The substantially amended sections of the Consolidated Plan or Annual Action Plan will be available for review at the Town of Marana Community & Neighborhood Services office, located at 11555 W Civic Center Drive, Marana, AZ 85653 during the full public comment period. In addition, the substantially amended sections of the Consolidated Plan will be made available on the Town’s website, https://www.maranaaz.gov/community-and-neighborhood-services for the full duration of the public comment period. Disaster/Emergency events that may require expedited substantial amendments It may be necessary to expedite substantial amendments to the Consolidated Plan in the event of a declared national, state or local disaster or emergency. A declared national, state or local disaster or emergency may include but is not limited to (1) Man-Made-disasters, (2) Natural disasters, and (3) Terrorism. Man-made disasters can include chemical spills, mass rioting, power outages, dam failure, plant explosions, etc. Natural disasters can include earthquakes, tsunamis, hurricanes, tornadoes, wild fires, flooding and public health issues such as wide-spread disease such as the recent coronavirus disease 2019 (COVID-19). Terrorism events include bomb threats, biochemical attacks like the spread of anthrax, or cyber-attacks like hacking, phishing, and virus distribution, etc. man-made disaster. The use of expedited substantial amendments is intended to facilitate the use of funds to protect the health and safety of Town of Marana residents or to prevent, prepare for, and respond to a declared national, state or local disaster/emergency These expedited substantial amendments may include funding new activities and/or the reprogramming of funds including canceling activities to meet needs resulting from a declared disaster or emergency. Therefore, the Town of Marana may utilize CDBG or HOME funds to meet these needs with a 5-day public comment period instead of a 30-day public comment period, which is otherwise required for substantial amendments. Potential eligible uses of funds are those that are included in this Citizen Participation Plan, the Consolidated Plan, or any other CDBG or HOME eligible use. HUD may provide new guidance on eligible uses in which the Town will comply with and may utilize as well. All eligible CDBG activities, including those to address declared disasters or emergencies, must meet one of three national objectives which are: (1) Benefit low- and moderate-income (LMI) persons; Marana Regular Town Council Meeting January 17, 2023 Page 274 of 311 Town of Marana, Arizona Citizen Participation Plan Exhibit A to Marana Resolution No. 2023-007 11 | P a g e (2) Aid in the prevention of slums or blight; and (3) Meet a need having a particular urgency (referred to urgent need). The Town of Marana may carryout eligible CDBG activities to meet needs resulting from declared disasters or emergencies under any one of the three national objectives. Changes in federal funding level Any changes in federal funding level after the Draft Consolidated Plan or Annual Action Plan’s comment period has expired and the resulting effect on the distribution of funds will not be considered an amendment or a substantial amendment. Consultation with Organizations and Town Agencies When preparing the Consolidated Plan, the Town will actively consult with public and private agencies that provide housing, health, homeless and social services in order to ensure that the interests and needs of all groups are being adequately addressed. The Town will also make the Consolidated Plan available to surrounding units of local government and its PHA. This consultation will occur through the community meetings, interviews conducted with such organizations including those that provide services to special needs populations and incorporation of data and reports produced by such organizations into the Consolidated Plan. Public Access to Records The Town will provide all interested parties with access to information and records related to the Town’s Consolidated Plan, Citizen Participation Plan, Annual Action Plan and CAPER, and the Town’s use of assistance under all programs covered by the Consolidated Plan during the preceding five years. The public will be provided with reasonable access to housing assistance records according to the Town of Marana Public Records Requests procedures. Persons who would like access to records should contact the Town Clerk’s Office in person, on-line, by mail, e- mail or fax. Reasonable accommodation for persons with disabilities will be made upon request. Documents may also be downloaded from the Town of Marana Community & Neighborhood Services Department website. Complaints and Grievances The Town of Marana will provide written responses to written complaints and grievances received regarding any aspect of the annual Consolidated Plan federal entitlement grant program within 15 working days, where practicable, of receiving the complaint or grievance. Comments, complaints, and grievances concerning the Consolidated Plan, Annual Action Plan, or CAPER should be addressed to the Community & Neighborhood Services Director. Marana Regular Town Council Meeting January 17, 2023 Page 275 of 311 Town of Marana, Arizona Citizen Participation Plan Exhibit A to Marana Resolution No. 2023-007 12 | P a g e Appendix: Comments Received Below are the following comments received during the 15-day public comment period. In reading the draft citizen participation plan, it struck me that there doesn’t seem to be any mechanism for ongoing citizen input other than the “public” meetings. I’d suggest an advisory group that meets periodically to recommend/review proposed projects. I believe it would be most useful if the advisory group were comprised of citizens residing in eligible funding areas as well as other town residents who have an interest and/or expertise in improving/expanding housing options throughout the town, resulting in an overall more economically “balanced” community development process. I think it is great that Town of Marana will be a participating jurisdiction in the Community Development Block Grant (CDBG) Program of the U.S. Department of Housing and Urban Development (HUD). Low- income families need all the help they can get! Marana Regular Town Council Meeting January 17, 2023 Page 276 of 311      Council-Regular Meeting   A4        Meeting Date:01/17/2023   To:Mayor and Council Submitted For:Jason Angell, Development Services Director From:Jane Fairall, Town Attorney Date:January 17, 2023 Strategic Plan Focus Area: Proactive Public Services Strategic Plan Focus Area Additional Info: Foster an open atmosphere that embraces change, creativity, innovation and calculated risk, and maintains the Town’s high quality customer service. GOAL: PRIORITIZE INFRASTRUCTURE AND MAINTENANCE THAT SUPPORT NEW GROWTH AND DEVELOPMENT IN A PROACTIVE AND SUSTAINABLE MANNER STRATEGY: Study the short and long-term benefits and financial impacts of annexation to inform a Town-wide annexation policy and strategy Subject:Resolution No. 2023-008: Relating to Annexation; adopting the Town of Marana Annexation Policy (Jason Angell) Discussion: The Make Marana General Plan 2040 identified annexation as an area of focus for the Land Use Element. The plan emphasizes directing annexation in a strategic manner, balancing and managing growth, while promoting economic development. The proposed annexation policy on tonight's agenda aligns with the General Plan Goal BE-13-1 to develop an annexation policy to guide consideration and evaluation of annexation proposals, including analysis of the short- and long-term costs and benefits, financial impacts, and economic development benefits represented by the proposal. The Marana Strategic Plan 5 Focus Area of Proactive Public Services focuses on fostering an open atmosphere that embraces change, creativity, innovation and Marana Regular Town Council Meeting January 17, 2023 Page 277 of 311 calculated risk, and maintains the Town’s high quality customer service. The Focus Area includes the goal of prioritizing infrastructure and maintenance that supports new growth and development in a proactive and sustainable manner, with a strategy of studying the short- and long-term benefits and financial impacts of annexation to inform a Town-wide annexation policy and strategy. The proposed annexation policy establishes criteria for evaluating annexation proposals, with a focus on the practical consequences and costs of providing services to the proposed annexation area.  The policy also sets forth a number of policy considerations to be reviewed with each annexation proposal. These policy considerations are designed to assist the Council in a cost-benefit analysis, emphasizing, among other items, the nature and timing of development of the property proposed for annexation, the historical character of the property, and the conditions of roadways and infrastructure in the area of the property. The proposed policy requires each annexation applicant to submit a financial impact analysis as part of the application submittal. The level of detail and contents of the financial impact analysis will vary with the intensity or complexity of the proposed or existing use of the land, but the analysis will, at a minimum, develop growth projections, assess market issues, measure existing demand for county services, and project future costs of service.  Staff Recommendation: Staff recommends approval of the Town of Marana Annexation Policy. Suggested Motion: I move to adopt Resolution No. 2023-008, approving and authorizing staff to implement the Town of Marana Annexation Policy. Attachments Resolution No. 2023-008 Exhibit A - Annexation Policy Marana Regular Town Council Meeting January 17, 2023 Page 278 of 311 - 1 - Resolution No. 2023-008 MARANA RESOLUTION NO. 2023-008 RELATING TO ANNEXATION; ADOPTING THE TOWN OF MARANA ANNEXATION POLICY WHEREAS Arizona Revised Statutes (A.R.S.) § 9-471 provides the procedures and criteria for extending the corporate boundaries of a town or city through annexation; and WHEREAS the Make Marana General Plan 2040 identifies annexation as an area of focus for the Land Use Element, and includes Goal BE-13-1: “Develop and consider adoption of a comprehensive annexation policy to guide consideration and evaluation of annexation proposals, including analysis of the short- and long-term costs and benefits, financial impacts, and economic development benefits represented by the proposal”; and WHEREAS the Marana Strategic Plan 5 Focus Area of Proactive Public Services includes the goal of prioritizing infrastructure and maintenance that supports new growth and development in a proactive and sustainable manner, with a strategy of studying the short- and long-term benefits and financial impacts of annexation to inform a Town-wide annexation policy and strategy; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interest of the residents of the Town of Marana to adopt the Town of Marana Annexation Policy. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION l. The Town Council hereby approves the Town of Marana Annexation Policy attached to and incorporated by this reference in this Resolution as Exhibit A. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. Marana Regular Town Council Meeting January 17, 2023 Page 279 of 311 - 2 - Resolution No. 2023-008 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of January, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting January 17, 2023 Page 280 of 311 Exhibit A to Marana Resolution No. 2023-008 00085256.DOCX /1 1 Annexation Policy Effective Date: January 17, 2023 Type of Action: Adopted by Council Resolution No. 2023-008 Purpose The purpose of this annexation policy is to identify a process that the Town of Marana will use in making annexation decisions. By employing a prescribed process and specified criteria, the Mayor and Council will obtain the pertinent information to determine whether an annexation is in the best long-term interest of the Town of Marana. The implementation of this policy will enable the Mayor and Council and Town staff to make decisions that will ultimately result in the efficient delivery of urban services, as well as protect the health and safety of Marana residents. Further, it will allow for the logical extension of Marana's corporate boundaries through annexation of county islands and appropriate adjacent lands. Although Arizona Revised Statutes govern the annexation process, each entity has its own particular approach to evaluating annexation proposals. The criteria, policies, and procedures described in this document represent the Town of Marana's methodology. Foundational Documents The Make Marana General Plan 2040 identifies annexation as an area of focus for the Land Use Element. The plan emphasizes directing annexation in a strategic manner, balancing and managing growth, while promoting economic development (pg. 2-6). This document aligns with the General Plan Goal BE-13-1 “Develop and consider adoption of a comprehensive annexation policy to guide consideration and evaluation of annexation proposals, including analysis of the short- and long-term costs and benefits, financial impacts, and economic development benefits represented by the proposal” (pg. 2-48). The Marana Strategic Plan 5 Focus Area of Proactive Public Services focuses on fostering an open atmosphere that embraces change, creativity, innovation and calculated risk, and maintains the Town’s high quality customer service. The Focus Area Marana Regular Town Council Meeting January 17, 2023 Page 281 of 311 Exhibit A to Marana Resolution No. 2023-008 00085256.DOCX /1 2 includes the goal of prioritizing infrastructure and maintenance that supports new growth and development in a proactive and sustainable manner, with a strategy of s tudying the short- and long-term benefits and financial impacts of annexation to inform a Town -wide annexation policy and strategy. Arizona State Law For any proposed annexation, a determination must be made regarding whether the proposed area meets Arizona’s legal requirements for annexation. Arizona Revised Statutes (A.R.S.) § 9-471 provides the procedures and criteria for extending the corporate boundaries of a town or city. Some of the key provisions of state law include the following: • The territory to be annexed must adjoin the boundary of the annexing town for at least 300 feet. This provision does not apply if the territory considered for annexation is surrounded by the annexing town on at least three sides. • The size and shape of the parcel to be annexed must be a minimum of 200 feet in width at all points, exclusive of rights-of-way and roadways. The length of the parcel is measured from where the territory adjoins the annexing town to the furthest point of the parcel, and cannot be more than twice the maximum width of the annexed territory. These length and width requirements do not apply if the territory considered for annexation is surrounded by the annexing town on at least three sides. • A town may annex only unincorporated territory. • A town cannot annex terroritory if the annexation will result in the creation of a county island. Criteria for Evaluating Annexations In any annexation decision, the practical consequences and costs of providing services to the proposed annexation area must be considered. While the annexation of new territory may mean additional state-shared revenue, the additional revenue to be gained must be considered in light of the necessary expenditures to provide services to the annexed area. The Town will evaluate the following criteria to determine whether it is beneficial to annex an area either at the time of evaluation, or at some point in the future: 1. Ability of the Town to provide basic services to the annexed area in a timely manner, with acceptable revenue-to-cost ratio.1 1 A.R.S. § 9-471 requires the annexing town to have an approved plan, policy, or procedure to provide the annexed territory with appropriate levels of infrastructure and services to serve anticipated new development within ten years after the date when the annexation becomes final. Marana Regular Town Council Meeting January 17, 2023 Page 282 of 311 Exhibit A to Marana Resolution No. 2023-008 00085256.DOCX /1 3 2. Long-term desirability of the proposed annexation area for purposes of community development and economic growth. 3. Ability of the Town to regulate the types of land uses allowed in the annexed area.2 4. Compatibility of the annexation with the General Plan. 5. Whether the annexation area is located in Marana's Planning Area Boundary. Policy Considerations The Town will review, at a minimum, the following policy considerations in every annexation proposal: 1. The ability to minimize any short-term subsidies and maximize the long-term benefits of annexation through careful determination of which areas should be annexed and the optimum timing for annexation and development. 2. Whether developed county residential subdivisions should be required to upgrade their infrastructure and facilities through the use of improvement districts or other means prior to annexation. 3. Whether a pre-annexation agreement to specify the infrastructure needs for the development and the schedule for development of the annexed lands should be used. 4. Whether the annexation applicant should be required to bring all roadways adjacent to the annexation territory to Town standards. 5. Whether the annexation will require the Town to extend infrastructure or community services outside of corporate limits. 6. The historical, ecological, and community importance of the annexation area and any potential impacts on community character. 7. Whether and when the Town should initiate discussion with adjoining parcels to encourage group annexation. Financial Impact Analysis The Town may require an annexation applicant to submit a financial impact analysis as part of the application submittal. The level of detail and contents of the financial impact 2 A.R.S. § 9-471 requires an annexing town to adopt zo ning classifications that permit densities and uses not greater than those permitted by the county immediately before annexation. Marana Regular Town Council Meeting January 17, 2023 Page 283 of 311 Exhibit A to Marana Resolution No. 2023-008 00085256.DOCX /1 4 analysis will vary with the intensity or complexity of the proposed or existing use of the land. The purposes of the analysis are: • To analyze the potential financial impacts of annexation on Town facilities and services • To estimate revenues from local sales taxes, state-shared revenues, and other fees • To assess short- and long-term capital improvement projects needed to serve the area The financial impact analysis must develop growth projections, assess market issues, measure existing demand for county services, and project future costs of service. Each financial impact analysis will be uniquely developed for the potential annexa tion area based upon the current or proposed use on the property. Marana Regular Town Council Meeting January 17, 2023 Page 284 of 311      Council-Regular Meeting   D3        Meeting Date:01/17/2023   To:Mayor and Council From:Jane Fairall, Town Attorney Date:January 17, 2023 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2023-009: Relating to Administration; approving and authorizing the Mayor to execute the Town Manager's Employment Agreement between the Town of Marana and Terry S. Rozema (Jane Fairall) Discussion: On October 20, 2020, the Town Council appointed Terry Rozema to serve as Interim Town Manager.  Mr. Rozema previously served as the Chief of the Marana Police Department.  On February 2, 2021, the Town Council adopted Resolution No. 2021-015, appointing Mr. Rozema to the position of Town Manager, and entering into an employment agreement with him for an initial term of one year, from February 2, 2021 through February 1, 2022. On February 1, 2022, the Town Council adopted Resolution No. 2022-011, reappointing Mr. Rozema for a one-year term as Town Manager, beginning February 2, 2022, and continuing until February 1, 2023, with all other terms of the agreement remaining the same as in the 2021-2022 employment agreement, including an annual base salary of $200,000, benefits consistent with those enjoyed by other Town employees, and the following additional benefits: The Town pays 5% of the Manager's annual income into his deferred compensation account. The Manager receives six months' salary as severance pay (plus accrued unused vacation leave and 5% of annual income paid into deferred compensation) if the Town Manager is terminated for convenience within the first 180 days of the term of the Agreement. If the Town Manager is terminated for convenience after the first 180 days of the term of this Agreement, the Manager receives severance pay equal to his salary for the remaining number of months in the term of the agreement (plus accrued Marana Regular Town Council Meeting January 17, 2023 Page 285 of 311 the remaining number of months in the term of the agreement (plus accrued unused vacation leave and 5% of annual income paid into deferred compensation) The Town Manager's maximum vacation leave accrual is 350 hours (other employees get a maximum of 240 hours). The Manager is given use of a Town vehicle. The Town Manager may request that the Town purchase up to a cumulative total of 125 hours of the Town Manager’s accrued vacation leave from the Town Manager. A copy of the 2022-2023 Town Manager's Employment Agreement is attached to this agenda item for the Council's information. Two alternate proposed new agreements are included within the Council packet for consideration. The agreement marked as "Option 1" proposes to maintain the same benefits and terms and conditions as the 2022-2023 agreement, including a one-year term; however, the compensation in the proposed agreement has been left blank for Council consideration and discussion. The agreement marked as "Option 2" allows for a multi-year term and leaves compensation as a blank for Council consideration and discussion. Option 2 also includes a different severance package in section 4.1 of the agreement, if the Town Manager is terminated for convenience prior to the completion of the contract term. The severance package in the 2022-2023 contract, and included in Option 1, as described in the bullets above, is suitable only for a one-year agreement, as it provides that severance pay will decrease if the Town Manager is terminated for convenience after the first 180 days of the contract. Applying the same concept to a multi-year contract would result in an increase in severance pay if termination for convenience occurred after 180 days and prior to the last 180 days of the contract. Therefore, in Option 2, the proposed severance package is six months' salary, regardless of when the termination for convenience occurs. The Council may direct staff to prepare a contract with a different severance package than those provided in Options 1 and 2 as well, and to make any other changes desired by the Council. An executive session is also scheduled on tonight's agenda to discuss Mr. Rozema's employment and contract if needed. Financial Impact: The Town Manager's Office department budget has adequate existing budgetary capacity to pay for the Town Manager's salary and benefits. Staff Recommendation: Council's pleasure. Suggested Motion: Option 1: I move to adopt Resolution No. 2023-009, approving and authorizing the Marana Regular Town Council Meeting January 17, 2023 Page 286 of 311 Option 1: I move to adopt Resolution No. 2023-009, approving and authorizing the Mayor to execute an employment agreement between the Town of Marana and Town Manager Terry S. Rozema as set forth in Option 1 with a term of one year and a salary of $_____________.  OR Option 2: I move to adopt Resolution No. 2023-009, approving and authorizing the Mayor to execute an employment agreement between the Town of Marana and Town Manager Terry S. Rozema as set forth in Option 2 with a term of _____ years and a salary of $_____________.    Attachments Resolution No. 2022-009 Option 1 - One-year agreement Option 2 - Multi-year Agreement 2022-2023 Town Manager Agreement Marana Regular Town Council Meeting January 17, 2023 Page 287 of 311 00085623.DOCX /1 Resolution No. 2023-0 - 1 - MARANA RESOLUTION NO. 2023-009 RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE TOWN MANAGER’S EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND TERRY S. ROZEMA WHEREAS the Town Council is authorized to appoint a town manager pursuant to A.R.S. § 9-239 and Marana Town Code sections 3-1-2 (A) and 3-2-1; and WHEREAS by motion adopted on October 20, 2020, the Town Council appointed Terry S. Rozema to the position of interim town manager effective immediately; and WHEREAS on February 2, 2021, the Town Council adopted Resolution No. 2021-015, appointing Mr. Rozema to the position of town manager, and entering into an employment agreement with Mr. Rozema for an initial term of one year, from February 2, 2021 through February 1, 2022; and WHEREAS on February 1, 2022, the Town Council adopted Resolution No. 2022-011, reappointing Mr. Rozema to the position of town manager, and entering into an employment agreement with Mr. Rozema for a term of one year, from February 2, 2022 through February 1, 2023; and WHEREAS the Town Council now desires to enter into a new employment agreement with Mr. Rozema to set the terms and conditions of his continued employment as town manager. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the employment agreement attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. Marana Regular Town Council Meeting January 17, 2023 Page 288 of 311 00085623.DOCX /1 Resolution No. 2023-0 - 2 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of January, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting January 17, 2023 Page 289 of 311 Exhibit A to Marana Resolution No. 2023-009 Option 1 – One-year Term 00085626.DOC /1 TOWN MANAGER TERRY S. ROZEMA EMPLOYMENT AGREEMENT/2023-2024 - 1 - TOWN MANAGER’S EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND TERRY S. ROZEMA This Employment Agreement (this “Agreement”) is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the “Town”) and TERRY S. ROZEMA (the “Town Manager”). The Town and the Town Manager are collectively referred to in this Agreement as the “Parties,” and each is sometimes individually referred to as a “Party.” RECITALS A. The Town Council is authorized to appoint a town manager pursuant to A.R.S. § 9-239 and Marana Town Code sections 3-1-2 (A) and 3-2-1. B. The Town Manager’s education, training, and experience qualify him to provide the professional services sought by the Town. C. By motion adopted on October 20, 2020, the Town Council appointed the Town Manager to the position of interim town manager of the Town effective immediately. D. On February 2, 2021, the Town Council adopted Resolution No. 2021-015, appointing the Town Manager to the position of town manager, and entering into an employment agreement with the Town Manager for an initial term of one year, from February 2, 2021 through February 1, 2022. E. On February 1, 2022, the Town Council adopted Resolution No. 2022-011, reappointing Mr. Rozema to the position of town manager, and entering into an employment agreement with Mr. Rozema for a term of one year, from February 2, 2022 through February 1, 2023. F. The Parties now desire to enter into a new employment agreement to set the terms and conditions of the Town Manager’s employment. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises made in this Agreement, the Parties agree as follows: Article 1. Term 1.1. Term. This Agreement shall be effective on February 2, 2023, and shall continue in full force and effect until February 1, 2024, unless it is sooner terminated by either Party pursuant to Article 4 below. If this Agreement expires at the end of this term with no Town Council action to renew or extend it, the Town Manager’s employment shall terminate and the Town Manager shall be entitled to no further salary or benefits from Marana Regular Town Council Meeting January 17, 2023 Page 290 of 311 Exhibit A to Marana Resolution No. 2023-009 Option 1 – One-year Term 00085626.DOC /1 TOWN MANAGER TERRY S. ROZEMA EMPLOYMENT AGREEMENT/2023-2024 - 2 - the Town, except that all earned and unpaid salary and benefits and any other earned benefits required to be paid pursuant to this Agreement and the Town’s Personnel Policies and Procedures shall be paid to the Town Manager. 1.2. Severance Provision Term. The provisions of paragraph 4.1 below relating to the payment of severance benefits shall remain in full force and effect throughout the term of this Agreement to the extent permitted by Arizona law. Article 2. Duties and Performance 2.1. Standards of Performance. The Town Manager shall render professional Town management services to the Town. The Town Manager shall be under the administrative supervision and control of the Town Council, subject to his compliance at all times with federal, state and local law, and the International City/County Management Association Code of Ethics. 2.2. Full-Time Work. The Town Manager shall devote his full working professional time and attention to the management of the Town of Marana. During his employment by the Town, the Town Manager shall not, without written consent of the Town, directly or indirectly render services of a professional nature to or for any person or firm for compensation, or engage in any practice or professional endeavor that compromises the interests of the Town. However, the expenditure of reasonable time and resources for civic, community, non-municipal political or professional activities shall not be deemed a breach of this provision. 2.3. Annual Goals and Objectives. Annually, the Town Council and the Town Manager shall define such goals and performance objectives that they determine necessary for the proper operation of the Town and in the attainment of the Town Council’s policy objectives and shall further establish a relative priority among those various goals and objectives. The goals and objectives shall be reduced to writing. The goals shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations. Article 3. Compensation and Benefits 3.1. Salary. The Town shall pay the Town Manager an annual salary of $_______________, beginning on the effective date of this Agreement, which is February 2, 2023. 3.2. Deferred Compensation. The Town shall execute all necessary documentation allowing the Town Manager to enroll in a qualified deferred compensation plan and the Town shall contribute an amount equal to 5% of the Town Manager’s annual salary. 3.3. Expenses. The Town shall reimburse the Town Manager for all reasonable travel and business expenses incurred by the Town Manager in the performance of his duties, in accordance with the general policies of the Town. Reasonable business expenses shall include, but are not limited to, costs incurred to meet and dine with individuals and groups involved in or sought out to be involved in Town development or economic Marana Regular Town Council Meeting January 17, 2023 Page 291 of 311 Exhibit A to Marana Resolution No. 2023-009 Option 1 – One-year Term 00085626.DOC /1 TOWN MANAGER TERRY S. ROZEMA EMPLOYMENT AGREEMENT/2023-2024 - 3 - development activities. The Town shall pay for the Town Manager’s attendance at a reasonable number of professional or municipal conferences, specifically including reimbursement for professional association dues and one annual International City/County Management Association (ICMA) conference and appropriate State professional conferences. The Manager is encouraged to participate in civic activities. The Town shall sponsor and pay for membership dues and fees for the Manager’s involvement in local service organizations. 3.4. Indemnification. The Town shall indemnify, defend, and hold the Town Manager harmless from all liability for damages, court costs, litigation expenses, and attorney fees which arise out of acts or omissions of the Town Manager committed within the course and scope of the Town Manager’s employment. The Town Manager shall have the rights set forth under Town Code Section 2-10-2 as it currently exists, and any amendment that limits or reduces the protection of the Town Manager during the duration of this Agreement shall not apply. 3.5. Liability Coverage. The Town shall maintain comprehensive liability coverage effectively covering the Town Manager against any and all claims associated with the reasonable performance of the Town Manager’s responsibilities within the scope of his employment. 3.6. Fidelity Bond. The Town shall bear the full cost of any fidelity or other bonds required of the Town Manager. 3.7. Holidays. The Town Manager shall be entitled to the same paid holidays to which other employees of the Town are entitled, as provided in the Personnel Policies and Procedures. 3.8. Managed Time Off (MTO) Leave. The Town Manager shall be entitled to the same managed time off (MTO) leave allocations as are afforded to department directors of the Town, including an additional 40 hours of MTO leave per calendar year, as provided in the Town’s Personnel Policies and Procedures. 3.9. Vacation Leave. The Town Manager shall accrue vacation leave at the rate of 6.15 hours per pay period, and upon termination of employment shall receive pay for accrued but unused vacation leave in the same manner and amount as provided for all other Town employees under the Town’s Personnel Policies and Procedures. The 240- hour cap on vacation leave established by the Town’s Personnel Policies and Procedures shall not apply to the Town Manager, and is hereby replaced with a total vacation leave accrual cap of 350 hours. 3.9.1. At any time during the term of this Agreement, the Town Manager may request that the Town purchase, at the applicable salary rate set forth in paragraph 3.1 above, up to a cumulative total of 125 hours of the Town Manager’s accrued vacation leave from the Town Manager. 3.10. Tuition Reimbursement. The Town shall provide the same tuition reimbursement to the Town Manager as is available generally to Town employees Marana Regular Town Council Meeting January 17, 2023 Page 292 of 311 Exhibit A to Marana Resolution No. 2023-009 Option 1 – One-year Term 00085626.DOC /1 TOWN MANAGER TERRY S. ROZEMA EMPLOYMENT AGREEMENT/2023-2024 - 4 - under Policy 6-2 of the Town’s Personnel Policies and Procedures. The Mayor shall perform all functions normally undertaken by the department head, human resources director or town manager under Policy 6-2 for purposes of reviewing and approving tuition reimbursement requests by the Town Manager. 3.11. Use of Town Vehicle. The Town Manager’s duties require that he shall at all times during his employment with the Town have use of an automobile provided to him by the Town for Town business. The Town Manager may transport guests of the Town Manager within or outside the Town’s corporate limits. The Town Manager is permitted to make incidental personal use of the Town Vehicle, including by way of example stopping for personal business on the way to or from official Town business. 3.12. Health and Other Insurance; Retirement Plan; Other Benefits. Except as otherwise amended or expanded by this Agreement, the Town Manager shall receive all insurance, retirement, and other benefits afforded to all other Town employees. 3.13. Work Hours. The Town recognizes that the Town Manager must devote a great deal of time outside normal office hours to the business of the Town. The Town Manager may adjust his office hours as he shall deem appropriate so long as he is reasonably available and the management of the Town is not harmed. Article 4. Termination. 4.1. Termination by the Town for Convenience. The Town may terminate the Town Manager’s employment for convenience. For purposes of this Agreement, termination for “convenience” means termination for any reason other than for “cause” (see paragraph 4.2 below). If the Town terminates the Town Manager’s employment for convenience, then this Agreement shall terminate, and the Town shall pay the Town Manager severance benefits as set forth in this paragraph 4.1. 4.1.1. If the Town terminates the Town Manager’s employment for convenience within the first 180 days of the term of this Agreement, the Town shall pay the Town Manager: 4.1.1.1. A lump sum severance payment equal to six months of the Town Manager’s salary; and 4.1.1.2. A lump sum contribution to the Town Manager’s deferred compensation plan (see paragraph 3.2 above) in the amount of 5% of the Town Manager’s then-existing annual salary. If the Town is unable to make the lump sum contribution, or any portion of the lump sum contribution, to the Town Manager’s deferred compensation plan because the contribution would exceed the maximum contribution allowable by law for the calendar year for the Town Manager’s deferred compensation plan, the Town shall make a payment in the amount set forth in this paragraph, or in the remaining portion of that amount not able to be contributed to the deferred compensation plan, directly to the Town Manager; and Marana Regular Town Council Meeting January 17, 2023 Page 293 of 311 Exhibit A to Marana Resolution No. 2023-009 Option 1 – One-year Term 00085626.DOC /1 TOWN MANAGER TERRY S. ROZEMA EMPLOYMENT AGREEMENT/2023-2024 - 5 - 4.1.1.3. A lump sum payment for the Town Manager’s accrued unused vacation leave (see paragraph 3.9 above). 4.1.2. If the Town terminates the Town Manager’s employment for convenience after the first 180 days of the term of this Agreement, the Town shall pay the Town Manager: 4.1.2.1. A lump sum severance payment equal to the Town Manager’s salary for the number of months remaining in the term of the Agreement. By way of illustration and not limitation, if the Town Manager is terminated with three months remaining in the term of this Agreement, the Town will pay the Town Manager a lump sum severance payment equal to three months of the Town Manager’s salary; and 4.1.2.2. A lump sum contribution to the Town Manager’s deferred compensation plan (see paragraph 3.2 above) in the amount of 5% of the Town Manager’s then-existing annual salary. If the Town is unable to make the lump sum contribution, or any portion of the lump sum contribution, to the Town Manager’s deferred compensation plan because the contribution would exceed the maximum contribution allowable by law for the calendar year for the Town Manager’s deferred compensation plan, the Town shall make a payment in the amount set forth in this paragraph, or in the remaining portion of that amount not able to be contributed to the deferred compensation plan, directly to the Town Manager; and 4.1.2.3. A lump sum payment for the Town Manager’s accrued unused vacation leave (see paragraph 3.9 above). 4.2. Termination by the Town for Cause. The Town may terminate the Town Manager’s employment for cause. For purposes of this Agreement, termination for “cause” is defined as (i) the commission of a criminal offense; (ii) the commission of an immoral act or other behavior, whether on or off duty, which brings the Town into disrepute, embarrasses the Town publicly, or raises questions about the Town Manager’s fitness to serve in his role as Town Manager; (iii) non-performance of a required duty; or (iv) any similarly serious reason for termination. If the Town terminates the Town Manager’s employment for “cause,” then this Agreement shall terminate. All salary payable to the Town Manager under this Agreement shall immediately cease, except that all earned but unpaid salary and benefits, and any other earned benefits required to be paid pursuant to this Agreement and the Town’s Personnel Policies and Procedures shall be paid to the Town Manager. The Town Manager shall not be eligible for any severance payment or benefits payable under paragraph 4.1 above. 4.3. Termination by the Town Manager. The Town Manager may terminate his employment at any time, for any reason or for no reason, by delivering to the Mayor and Council a written notice at least 30 days in advance of his requested termination Marana Regular Town Council Meeting January 17, 2023 Page 294 of 311 Exhibit A to Marana Resolution No. 2023-009 Option 1 – One-year Term 00085626.DOC /1 TOWN MANAGER TERRY S. ROZEMA EMPLOYMENT AGREEMENT/2023-2024 - 6 - date. If the Town Manager terminates his employment, this Agreement shall terminate upon the termination date, and the following terms shall apply: 4.3.1. All salary payable to the Town Manager under this Agreement shall cease upon the date of termination of employment. All earned and unpaid salary and benefits and any other earned benefits required to be paid pursuant to this Agreement and the Town’s Personnel Policies and Procedures shall be paid to the Town Manager. The Town may, in its sole discretion, elect to accelerate the Town Manager’s departure date from the Town upon receipt of the Town Manager’s notice. In that event, the Town Manager shall be paid through the accelerated termination date chosen by the Town. The Town Manager shall not be eligible for any severance payment or benefits payable under paragraph 4.1 above. 4.3.2. In the Town’s sole discretion, the Town may request that the Town Manager make himself reasonably available, as needed by the Town, for consulting purposes for a period of three months after termination of employment. In that event, the Town and the Town Manager shall enter into a separate ag reement for the purpose of compensating the Town Manager on an hourly basis for his services, at a rate equivalent to his compensation and benefits earned with the Town pursuant to this Agreement. Article 5. General Terms and Conditions. 5.1. Recitals. The recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here by reference. 5.2. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. 5.3. Severability. If any provision of this Agreement is declared illegal, invalid or unenforceable, in whole or in part, under present or future laws, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. In lieu of the illegal, invalid or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar in terms to the illegal, invalid, or unenforceable provisions as may be possible and still be legal, valid, and enforceable, and this Agreement shall be deemed reformed accordingly. 5.4. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. 5.5. Interpretation. This Agreement has been negotiated by the Town and the Town Manager, and neither Party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Party. 5.6. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. Marana Regular Town Council Meeting January 17, 2023 Page 295 of 311 Exhibit A to Marana Resolution No. 2023-009 Option 1 – One-year Term 00085626.DOC /1 TOWN MANAGER TERRY S. ROZEMA EMPLOYMENT AGREEMENT/2023-2024 - 7 - IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: THE TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney TOWN MANAGER: TERRY S. ROZEMA By: Terry S. Rozema Date: Marana Regular Town Council Meeting January 17, 2023 Page 296 of 311 Exhibit A to Marana Resolution No. 2023-009 Option 2 – Multi-year Term 00085627.DOC /1 TOWN MANAGER TERRY S. ROZEMA EMPLOYMENT AGREEMENT/2023-202X - 1 - TOWN MANAGER’S EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND TERRY S. ROZEMA This Employment Agreement (this “Agreement”) is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the “Town”) and TERRY S. ROZEMA (the “Town Manager”). The Town and the Town Manager are collectively referred to in this Agreement as the “Parties,” and each is sometimes individually referred to as a “Party.” RECITALS A. The Town Council is authorized to appoint a town manager pursuant to A.R.S. § 9-239 and Marana Town Code sections 3-1-2 (A) and 3-2-1. B. The Town Manager’s education, training, and experience qualify him to provide the professional services sought by the Town. C. By motion adopted on October 20, 2020, the Town Council appointed the Town Manager to the position of interim town manager of the Town effective immediately. D. On February 2, 2021, the Town Council adopted Resolution No. 2021-015, appointing the Town Manager to the position of town manager, and entering into an employment agreement with the Town Manager for an initial term of one year, from February 2, 2021 through February 1, 2022. E. On February 1, 2022, the Town Council adopted Resolution No. 2022-011, reappointing Mr. Rozema to the position of town manager, and entering into an employment agreement with Mr. Rozema for a term of one year, from February 2, 2022 through February 1, 2023. F. The Parties now desire to enter into a new employment agreement to set the terms and conditions of the Town Manager’s employment. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises made in this Agreement, the Parties agree as follows: Article 1. Term 1.1. Term. This Agreement shall be effective on February 2, 2023, and shall continue in full force and effect until ___________________, unless it is sooner terminated by either Party pursuant to Article 4 below. If this Agreement expires at the end of this term with no Town Council action to renew or extend it, the Town Manager’s employment shall terminate and the Town Manager shall be entitled to no further Marana Regular Town Council Meeting January 17, 2023 Page 297 of 311 Exhibit A to Marana Resolution No. 2023-009 Option 2 – Multi-year Term 00085627.DOC /1 TOWN MANAGER TERRY S. ROZEMA EMPLOYMENT AGREEMENT/2023-202X - 2 - salary or benefits from the Town, except that all earned and unpaid salary and benefits and any other earned benefits required to be paid pursuant to this Agreement and the Town’s Personnel Policies and Procedures shall be paid to the Town Manager. 1.2. Severance Provision Term. The provisions of paragraph 4.1 below relating to the payment of severance benefits shall remain in full force and effect throughout the term of this Agreement to the extent permitted by Arizona law. Article 2. Duties and Performance 2.1. Standards of Performance. The Town Manager shall render professional Town management services to the Town. The Town Manager shall be under the administrative supervision and control of the Town Council, subject to his compliance at all times with federal, state and local law, and the International City/County Management Association Code of Ethics. 2.2. Full-Time Work. The Town Manager shall devote his full working professional time and attention to the management of the Town of Marana. During his employment by the Town, the Town Manager shall not, without written consent of the Town, directly or indirectly render services of a professional nature to or for any person or firm for compensation, or engage in any practice or professional endeavor that compromises the interests of the Town. However, the expenditure of reasonable time and resources for civic, community, non-municipal political or professional activities shall not be deemed a breach of this provision. 2.3. Annual Goals and Objectives. Annually, the Town Council and the Town Manager shall define such goals and performance objectives that they determine necessary for the proper operation of the Town and in the attainment of the Town Council’s policy objectives and shall further establish a relative priority among those various goals and objectives. The goals and objectives shall be reduced to writing. The goals shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations. Article 3. Compensation and Benefits 3.1. Salary. The Town shall pay the Town Manager an annual salary of $_______________, beginning on the effective date of this Agreement, which is February 2, 2023. 3.2. Deferred Compensation. The Town shall execute all necessary documentation allowing the Town Manager to enroll in a qualified deferred compensation plan and the Town shall contribute an amount equal to 5% of the Town Manager’s annual salary. 3.3. Expenses. The Town shall reimburse the Town Manager for all reasonable travel and business expenses incurred by the Town Manager in the performance of his duties, in accordance with the general policies of the Town. Reasonable business expenses shall include, but are not limited to, costs incurred to meet and dine with individuals and groups involved in or sought out to be involved in Town development or economic Marana Regular Town Council Meeting January 17, 2023 Page 298 of 311 Exhibit A to Marana Resolution No. 2023-009 Option 2 – Multi-year Term 00085627.DOC /1 TOWN MANAGER TERRY S. ROZEMA EMPLOYMENT AGREEMENT/2023-202X - 3 - development activities. The Town shall pay for the Town Manager’s attendance at a reasonable number of professional or municipal conferences, specifically including reimbursement for professional association dues and one annual International City/County Management Association (ICMA) conference and appropriate State professional conferences. The Manager is encouraged to participate in civic activities. The Town shall sponsor and pay for membership dues and fees for the Manager’s involvement in local service organizations. 3.4. Indemnification. The Town shall indemnify, defend, and hold the Town Manager harmless from all liability for damages, court costs, litigation expenses, and attorney fees which arise out of acts or omissions of the Town Manager committed within the course and scope of the Town Manager’s employment. The Town Manager shall have the rights set forth under Town Code Section 2-10-2 as it currently exists, and any amendment that limits or reduces the protection of the Town Manager during the duration of this Agreement shall not apply. 3.5. Liability Coverage. The Town shall maintain comprehensive liability coverage effectively covering the Town Manager against any and all claims associated with the reasonable performance of the Town Manager’s responsibilities within the scope of his employment. 3.6. Fidelity Bond. The Town shall bear the full cost of any fidelity or other bonds required of the Town Manager. 3.7. Holidays. The Town Manager shall be entitled to the same paid holidays to which other employees of the Town are entitled, as provided in the Personnel Policies and Procedures. 3.8. Managed Time Off (MTO) Leave. The Town Manager shall be entitled to the same managed time off (MTO) leave allocations as are afforded to department directors of the Town, including an additional 40 hours of MTO leave per calendar year, as provided in the Town’s Personnel Policies and Procedures. 3.9. Vacation Leave. The Town Manager shall accrue vacation leave at the rate of 6.15 hours per pay period, and upon termination of employment shall receive pay for accrued but unused vacation leave in the same manner and amount as provided for all other Town employees under the Town’s Personnel Policies and Procedures. The 240- hour cap on vacation leave established by the Town’s Personnel Policies and Procedures shall not apply to the Town Manager, and is hereby replaced with a total vacation leave accrual cap of 350 hours. 3.9.1. At any time during the term of this Agreement, the Town Manager may request that the Town purchase, at the applicable salary rate set forth in paragraph 3.1 above, up to a cumulative total of 125 hours of the Town Manager’s accrued vacation leave from the Town Manager. 3.10. Tuition Reimbursement. The Town shall provide the same tuition reimbursement to the Town Manager as is available generally to Town employees Marana Regular Town Council Meeting January 17, 2023 Page 299 of 311 Exhibit A to Marana Resolution No. 2023-009 Option 2 – Multi-year Term 00085627.DOC /1 TOWN MANAGER TERRY S. ROZEMA EMPLOYMENT AGREEMENT/2023-202X - 4 - under Policy 6-2 of the Town’s Personnel Policies and Procedures. The Mayor shall perform all functions normally undertaken by the department head, human resources director or town manager under Policy 6-2 for purposes of reviewing and approving tuition reimbursement requests by the Town Manager. 3.11. Use of Town Vehicle. The Town Manager’s duties require that he shall at all times during his employment with the Town have use of an automobile provided to him by the Town for Town business. The Town Manager may transport guests of the Town Manager within or outside the Town’s corporate limits. The Town Manager is permitted to make incidental personal use of the Town Vehicle, including by way of example stopping for personal business on the way to or from official Town business. 3.12. Health and Other Insurance; Retirement Plan; Other Benefits. Except as otherwise amended or expanded by this Agreement, the Town Manager shall receive all insurance, retirement, and other benefits afforded to all other Town employees. 3.13. Work Hours. The Town recognizes that the Town Manager must devote a great deal of time outside normal office hours to the business of the Town. The Town Manager may adjust his office hours as he shall deem appropriate so long as he is reasonably available and the management of the Town is not harmed. Article 4. Termination. 4.1. Termination by the Town for Convenience. The Town may terminate the Town Manager’s employment for convenience. For purposes of this Agreement, termination for “convenience” means termination for any reason other than for “cause” (see paragraph 4.2 below). If the Town terminates the Town Manager’s employment for convenience, then this Agreement shall terminate, and the Town shall pay the Town Manager severance benefits as follows: 4.1.1. A lump sum severance payment equal to six months of the Town Manager’s salary; and 4.1.2. A lump sum contribution to the Town Manager’s deferred compensation plan (see paragraph 3.2 above) in the amount of 5% of the Town Manager’s then- existing annual salary. If the Town is unable to make the lump sum contribution, or any portion of the lump sum contribution, to the Town Manager’s deferred compensation plan because the contribution would exceed the maximum contribution allowable by law for the calendar year for the Town Manager’s deferred compensation plan, the Town shall make a payment in the amount set forth in this paragraph, or in the remaining portion of that amount not able to be contributed to the deferred compensation plan, directly to the Town Manager; and 4.1.3. A lump sum payment for the Town Manager’s accrued unused vacation leave (see paragraph 3.9 above). 4.2. Termination by the Town for Cause. The Town may terminate the Town Manager’s employment for cause. For purposes of this Agreement, termination for Marana Regular Town Council Meeting January 17, 2023 Page 300 of 311 Exhibit A to Marana Resolution No. 2023-009 Option 2 – Multi-year Term 00085627.DOC /1 TOWN MANAGER TERRY S. ROZEMA EMPLOYMENT AGREEMENT/2023-202X - 5 - “cause” is defined as (i) the commission of a criminal offense; (ii) the commission of an immoral act or other behavior, whether on or off duty, which brings the Town into disrepute, embarrasses the Town publicly, or raises questions about the Town Manager’s fitness to serve in his role as Town Manager; (iii) non-performance of a required duty; or (iv) any similarly serious reason for termination. If the Town terminates the Town Manager’s employment for “cause,” then this Agreement shall terminate. All salary payable to the Town Manager under this Agreement shall immediately cease, except that all earned but unpaid salary and benefits, and any other earned benefits required to be paid pursuant to this Agreement and the Town’s Personnel Policies and Procedures shall be paid to the Town Manager. The Town Manager shall not be eligible for any severance payment or benefits payable under paragraph 4.1 above. 4.3. Termination by the Town Manager. The Town Manager may terminate his employment at any time, for any reason or for no reason, by delivering to the Mayor and Council a written notice at least 30 days in advance of his requested termination date. If the Town Manager terminates his employment, this Agreement shall terminate upon the termination date, and the following terms shall apply: 4.3.1. All salary payable to the Town Manager under this Agreement shall cease upon the date of termination of employment. All earned and unpaid salary and benefits and any other earned benefits required to be paid pursuant to this Agreement and the Town’s Personnel Policies and Procedures shall be paid to the Town Manager. The Town may, in its sole discretion, elect to accelerate the Town Manager’s departure date from the Town upon receipt of the Town Manager’s notice. In that event, the Town Manager shall be paid through the accelerated termination date chosen by the Town. The Town Manager shall not be eligible for any severance payment or benefits payable under paragraph 4.1 above. 4.3.2. In the Town’s sole discretion, the Town may request that the Town Manager make himself reasonably available, as needed by the Town, for consulting purposes for a period of three months after termination of employment. In that event, the Town and the Town Manager shall enter into a separate agreement for the purpose of compensating the Town Manager on an hourly basis for his services, at a rate equivalent to his compensation and benefits earned with the Town pursuant to this Agreement. Article 5. General Terms and Conditions. 5.1. Recitals. The recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here by reference. 5.2. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. Marana Regular Town Council Meeting January 17, 2023 Page 301 of 311 Exhibit A to Marana Resolution No. 2023-009 Option 2 – Multi-year Term 00085627.DOC /1 TOWN MANAGER TERRY S. ROZEMA EMPLOYMENT AGREEMENT/2023-202X - 6 - 5.3. Severability. If any provision of this Agreement is declared illegal, invalid or unenforceable, in whole or in part, under present or future laws, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. In lieu of the illegal, invalid or unenforceable provision, ther e shall be added automatically as part of this Agreement a provision as similar in terms to the illegal, invalid, or unenforceable provisions as may be possible and still be legal, valid, and enforceable, and this Agreement shall be deemed reformed accordingly. 5.4. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. 5.5. Interpretation. This Agreement has been negotiated by the Town and the Town Manager, and neither Party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Party. 5.6. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. Marana Regular Town Council Meeting January 17, 2023 Page 302 of 311 Exhibit A to Marana Resolution No. 2023-009 Option 2 – Multi-year Term 00085627.DOC /1 TOWN MANAGER TERRY S. ROZEMA EMPLOYMENT AGREEMENT/2023-202X - 7 - IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: THE TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney TOWN MANAGER: TERRY S. ROZEMA By: Terry S. Rozema Date: Marana Regular Town Council Meeting January 17, 2023 Page 303 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 304 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 305 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 306 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 307 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 308 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 309 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 310 of 311 Marana Regular Town Council Meeting January 17, 2023 Page 311 of 311