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HomeMy WebLinkAbout8-22-2023 Special Council Meeting Agenda Packet              MARANA TOWN COUNCIL SPECIAL COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 22, 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 August 22, 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 Town Council Special Meeting Agenda Packet August 22, 2023 Page 1 of 44 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 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. SPECIAL COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA COUNCIL ACTION A1 Ordinance No. 2023.027: Relating to Annexation; annexing into the corporate limits of the Town of Marana that territory known as the Post Marana Pumpkin Patch Annexation, approximately 370 acres of land located southeast of the intersection of W Hardin Road and N Trico Road in Section 14, Township 11 South, Range 10 East; approving a plan to provide the annexed territory with appropriate levels of infrastructure and services to serve anticipated new development; and establishing original Town of Marana zoning (Jason Angell) Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 2 of 44 EXECUTIVE SESSIONS   Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters.   E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A).      FUTURE AGENDA ITEMS Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B).   ADJOURNMENT   Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 3 of 44      Council-Special Meeting   A1        Meeting Date:08/22/2023   To:Mayor and Council Submitted For:Jason Angell, Development Services Director From:Scott Radden, Senior Planner Date:August 22, 2023 Strategic Plan Focus Area: Not Applicable Strategic Plan Focus Area Additional Info:   Subject:Ordinance No. 2023.027: Relating to Annexation; annexing into the corporate limits of the Town of Marana that territory known as the Post Marana Pumpkin Patch Annexation, approximately 370 acres of land located southeast of the intersection of W Hardin Road and N Trico Road in Section 14, Township 11 South, Range 10 East; approving a plan to provide the annexed territory with appropriate levels of infrastructure and services to serve anticipated new development; and establishing original Town of Marana zoning (Jason Angell) Discussion: This is the final step in the Post Marana Pumpkin Patch Annexation process. The blank annexation petition was recorded on July 17, 2023. The required public hearing for the proposed annexation was held at the August 15, 2023, Town Council meeting.  For the Council to have jurisdiction to adopt the Post Marana Pumpkin Patch Annexation ordinance accompanying this item, the Town needs to have received and recorded annexation petitions "signed by the owners of one-half or more in value of the real and personal property and more than one-half of the persons Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 4 of 44 owning real and personal property that would be subject to taxation by the city or town in the event of annexation, as shown by the last assessment of the property...." As of the preparation of this agenda item, the Town has received annexation petitions signed by Post Land Company, LLC, the owner of the real property in the annexation area, and Post Farms, Inc., the owner of personal property located in the annexation area. In addition, Southwest Gas Corporation, one of two taxpayers identified by the Arizona Department of Revenue as having centrally-assessed taxable personal property located within the annexation area, has indicated through its representative that it plans to sign. The other, Qwest Corporation, has not yet signed or indicated that it will sign the petition. Based on information received from the Arizona Department of Revenue, Southwest Gas Corporation has centrally-assessed property with an assessed value of $3,552.98 and Qwest Corporation has centrally-assessed property with an assessed value of $2.13. When the Town receives the signed petitions as anticipated, the Town will have signatures from three of the four entities with standing to sign the annexation petition. Post Land Company, LLC owns all seven of the parcels of real property in the annexation area. The seven parcels with assessments established by the Pima County Assessor, consisting of a combined assessed value of $65,622, are as follows:   APN Owner 2023 Limited Assessed Value 208-12-001E POST LAND COMPANY LLC $3,165 208-12-001N POST LAND COMPANY LLC $25,555 208-12-001R POST LAND COMPANY LLC $8,561 208-12-001S POST LAND COMPANY LLC $15,935 208-12-001T POST LAND COMPANY LLC $6,371 208-12-001U POST LAND COMPANY LLC $2,837 208-12-001V POST LAND COMPANY LLC $3,198  Total $65,622   If adopted, the ordinance will do all the following: Annex the Post Marana Pumpkin Patch Annexation area Approve a plan to provide the annexed territory with appropriate levels of infrastructure and services to serve anticipated new development, through currently existing infrastructure and by the inclusion of the annexation area in the Town's Make Marana 2040 General Plan Establish original Town of Marana zoning, consistent with the existing Pima County zoning entitlements for the property Analysis Pursuant to Marana Annexation Policy Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 5 of 44 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).  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 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. 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 territory 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.  The Town is able to provide basic services to the annexed area in a timely manner, with acceptable revenue-to-cost ratio. 2. Long-term desirability of the proposed annexation area for purposes of Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 6 of 44 community development and economic growth. The proposed annexation area will contribute to community development and economic growth by providing an agritourism venue that showcases Marana.     3. Ability of the Town to regulate the types of land uses allowed in the annexed area. (A.R.S. § 9-471 requires an annexing town to adopt zoning classifications that permit densities and uses not greater than those permitted by the county immediately before annexation) The Town will adopt the Agricultural (AG) zoning classification that permits densities and uses not greater than those permitted by the County immediately before annexation. 4. Compatibility of the annexation with the General Plan. Based on the proposed adopted Agricultural (AG) zoning classification that is similar to the County's zoning immediately before annexation, the annexation area is compatible with the General Plan. 5. Whether the annexation area is located in Marana's Planning Area Boundary. 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. Not applicable 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. Not applicable 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. Not applicable 4. Whether the annexation applicant should be required to bring all roadways adjacent to the annexation territory to Town standards. The adjacent roadways to the annexation territory currently meet Town standards. 5. Whether the annexation will require the Town to extend infrastructure or community services outside the corporate limits. The Town will only extend Police community service outside the corporate limits. 6. The historical, ecological, and community importance of the annexation area and any potential impacts on community character. Potential impacts on community character are mitigated through Town of Marana development regulations. 7. Whether and when the Town should initiate discussion with adjoining parcels to encourage group annexation. Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 7 of 44 Not applicable Financial Impact: Potential financial impacts of annexation on Town facilities and services include the extension of the Police service area and additional right-of-way and road maintenance costs based on approximately 3.17 lane miles associated with the adjacent Trico Road and Hardin Road. Based on Marana Public Works' latest (January 2023) cost estimates related to right-of-way and road maintenance, it is estimated the annual cost for the roads will be $22,420.79. No short- or long-term capital improvement projects are needed to serve the area.  Estimated tax revenues are believed to be sufficient to cover the annual costs. Staff Recommendation: Town staff recommends adoption of Ordinance No. 2023.0027, approving the Post Marana Pumpkin Patch Annexation; approving a plan to provide the annexed territory with appropriate levels of infrastructure and services; and adopting original Town of Marana zoning for the annexed property.   Suggested Motion: I move to adopt Ordinance No. 2023.027, annexing into the corporate limits of the Town of Marana that territory known as the Post Marana Pumpkin Patch Annexation, approximately 370 acres of land located southeast of the intersection of W Hardin Road and N Trico Road, approving a plan to provide the annexed territory with appropriate levels of infrastructure and services to serve anticipated new development; and establishing original Town of Marana zoning.   Attachments Ordinance No. 2023.027 Exhibit A to Ordinance No. 2023.027 Post Land Company signed petition Post Farms signed petition Public Works annual ROW costs Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 8 of 44 00091030.DOCX /2 Ordinance No. 2023.027 - 1 - MARANA ORDINANCE NO. 2023.027 RELATING TO ANNEXATION; ANNEXING INTO THE CORPORATE LIMITS OF THE TOWN OF MARANA THAT TERRITORY KNOWN AS THE POST MARANA PUMPKIN PATCH ANNEXATION, APPROXIMATELY 370 ACRES OF LAND LOCATED SOUTHEAST OF THE INTERSECTION OF W HARDIN ROAD AND N TRICO ROAD IN SECTION 14, TOWNSHIP 11 SOUTH, RANGE 10 EAST; APPROVING A PLAN TO PROVIDE THE ANNEXED TERRITORY WITH APPROPRIATE LEVELS OF INFRASTRUCTURE AND SERVICES TO SERVE ANTICIPATED NEW DEVELOPMENT; AND ESTABLISHING ORIGINAL TOWN OF MARANA ZONING WHEREAS petitions in writing, accompanied by a legal description and map of the real property sought to be annexed as part of the Post Marana Pumpkin Patch Annexation, have been filed and presented to the Mayor and Council of the Town of Marana, Arizona, signed by the owners of one-half or more in value of the real and personal property and more than one-half of the persons owning real and personal property that would be subject to taxation by the Town of Marana as shown by the last assessment of said property, said property being contiguous to the Town of Marana and not now embraced within its limits, asking that the property be annexed into the Town of Marana and to extend and increase the corporate limits of the Town of Marana so as to embrace same; and WHEREAS the Mayor and Council of the Town of Marana, Arizona, desire to approve the Post Marana Pumpkin Patch Annexation and extend and increase the corporate limits of the Town of Marana to include said territory, which is approximately 370 acres of property generally located southeast of the intersection of W Hardin Road and N Trico Road in Section 14, Township 11 South, Range 10 East , described and depicted in Exhibit A attached to and incorporated in this Ordinance by this reference; and WHEREAS the Post Marana Pumpkin Patch Annexation is an area within a portion of Section 14, Township 11 South, Range 10 East, of the Gila and Salt River Meridian, Pima County, Arizona; and WHEREAS the petitions set forth a true and correct description of all the exterior boundaries of the entire area of the proposed Post Marana Pumpkin Patch Annexation and had attached thereto at all times an accurate map of the territory desired to b e annexed; and Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 9 of 44 00091030.DOCX /2 Ordinance No. 2023.027 - 2 - WHEREAS no alterations increasing or reducing the territory sought to be annexed have been made after the petition was signed by any owners of real and personal property in such territory; and WHEREAS the Post Marana Pumpkin Patch Annexation area is included within the Town of Marana’s planning area in the Marana 2040 General Plan adopted by the Town Council on December 10, 2019, and ratified by voters at the August 4, 2020 primary election; and WHEREAS the Future Circulation map in the Marana 2040 General Plan (Figure 2-4) includes Trico Road and the proposed I-11 Corridor, which will serve the Post Marana Pumpkin Patch Annexation area; and WHEREAS the Post Marana Pumpkin Patch Annexation area is served by private well and private septic; and WHEREAS the Post Marana Pumpkin Patch Annexation area has a pre-annexation Pima County zoning classification of RH (Rural Homestead); and WHEREAS the original Town of Marana zoning classifications and zoning entitlements adopted for the Post Marana Pumpkin Patch Annexation area by this ordinance permit densities and uses that are no greater than those permitted by Pima County immediately before annexation; and WHEREAS the provisions of A.R.S. § 9-471 have been fully complied with; and WHEREAS proper and sufficient proof of the foregoing facts are now on file in the office of the Town Clerk of the Town of Marana, together with true and correct copies of the signed annexation petition, the original of which has been recorded in the office of the Pima County Recorder. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. The territory known as the Post Marana Pumpkin Patch Annexation, described and depicted in Exhibit A attached to and incorporated by this reference in this ordinance, is annexed into the Town of Marana, and the present corporate limits are extended and increased to include the described area. SECTION 2. The Town Council finds that the infrastructure needs of the Post Marana Pumpkin Patch Annexation area are met by existing infrastructure which provide appropriate levels of infrastructure and services to serve anticipated new development, as well as by inclusion of the Post Marana Pumpkin Patch Annexation area within the Marana 2040 General Plan planning area. Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 10 of 44 00091030.DOCX /2 Ordinance No. 2023.027 - 3 - SECTION 3. This Ordinance shall be forthwith filed and recorded in the office of the County Recorder of Pima County, Arizona. SECTION 4. On the effective date of this Ordinance, the Post Marana Pumpkin Patch Annexation territory shall be zoned Town of Marana AG (Agricultural) PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 22nd day of August, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 11 of 44 EXHIBIT A to MARANA ORDINANCE NO. 2023.027 Page 1 of 10Marana Town Council Special Meeting Agenda Packet August 22, 2023Page 12 of 44 EXHIBIT A to MARANA ORDINANCE NO. 2023.027 Page 2 of 10Marana Town Council Special Meeting Agenda Packet August 22, 2023Page 13 of 44 EXHIBIT A to MARANA ORDINANCE NO. 2023.027 Page 3 of 10Marana Town Council Special Meeting Agenda Packet August 22, 2023Page 14 of 44 EXHIBIT A to MARANA ORDINANCE NO. 2023.027 Page 4 of 10Marana Town Council Special Meeting Agenda Packet August 22, 2023Page 15 of 44 EXHIBIT A to MARANA ORDINANCE NO. 2023.027 Page 5 of 10Marana Town Council Special Meeting Agenda Packet August 22, 2023Page 16 of 44 EXHIBIT A to MARANA ORDINANCE NO. 2023.027 Page 6 of 10Marana Town Council Special Meeting Agenda Packet August 22, 2023Page 17 of 44 EXHIBIT A to MARANA ORDINANCE NO. 2023.027 Page 7 of 10Marana Town Council Special Meeting Agenda Packet August 22, 2023Page 18 of 44 EXHIBIT A to MARANA ORDINANCE NO. 2023.027 Page 8 of 10Marana Town Council Special Meeting Agenda Packet August 22, 2023Page 19 of 44 EXHIBIT A to MARANA ORDINANCE NO. 2023.027 Page 9 of 10Marana Town Council Special Meeting Agenda Packet August 22, 2023Page 20 of 44 EXHIBIT A to MARANA ORDINANCE NO. 2023.027 Page 10 of 10Marana Town Council Special Meeting Agenda Packet August 22, 2023Page 21 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 22 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 23 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 24 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 25 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 26 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 27 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 28 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 29 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 30 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 31 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 32 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 33 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 34 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 35 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 36 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 37 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 38 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 39 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 40 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 41 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 42 of 44 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 43 of 44 Asset Type Labor Cost Material Cost Equipment Arterial/ Collector/ Rural Subdivision/ Local $751.00 $368.00 $1,500.00 1 day with 8hrs 4 Tons of 616-Patch 5hr and 4 staff members asphalt 2058-Dump 5hr $2,409.00 $490.00 $902.00 3 days with 8hrs.2 yds 2094- Tal. 4hr and 4 staff members 2022- Dump 4hr CRACKSEAL (contractor rates)$375.00 $375.00 SWEEPING (contractor rates)$179.96 $136.00 150lbs. Per lane mile at $2.50 per pound (Includes labor, equipment, and materials.) $68.00/ mile for Subdivision $89.98/ mile Arterial/ Collector $3,902.00 $1,017.00 1day at 8hrs with 4 staff members GRADE WORK PUBLIC WORKS ROW/NON ROW ANNUAL COST ESTIMATES PER LANE MILE January 2023 $2,619.00 $3,801.00 $2,619.00 $3,801.00 STREET DIVISION- ROW ASPHALT (remove/replace, potholes) CONCRETE (ADA, curb, sidewalk) STREET DIVISION- Non ROW Drainage Channel Vegitation Control (contractor rates) Estimated 40hr. Work Week Hourly rates $75.18 (hours are determined by area supervisor for annual maintenance.) $3,007.20 $85.00 10 Tons of ABC $2,800.00 862-Roller 4hrs 876-Grader 6hrs 615- Water 4hrs 618- Dump 2hrs CULVERT CLEANING (contractor rates) $241.00 per hour 2hrs. Per lane mile $482.00 $482.00 Marana Town Council Special Meeting Agenda Packet August 22, 2023 Page 44 of 44