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HomeMy WebLinkAbout08-06-2024 Regular Council Meeting Agenda PacketMARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 6, 2024, 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 6, 2024, 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 Regular Meeting Agenda Packet August 6, 2024 Page 1 of 219 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 Town Council Regular Meeting Agenda Packet August 6, 2024 Page 2 of 219   PROCLAMATIONS   PR1 Proclamation Recognizing National Purple Heart Day (David L. Udall)   MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS   MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS   PRESENTATIONS   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. 2024-070: Relating to Budget; approving the transfer of up to $100,000 in budgeted expenditure authority from the General Fund contingency line item to the Mayor and Council Community Relations budget in the fiscal year 2024-2025 budget for a donation to the Marana Food Bank and Community Resource Center (Terry Rozema)   C2 Resolution No. 2024-071: Relating to Budget; approving the transfer of up to $2,628,167 in budgeted expense authority from the Other Agency Funds (Fund #3045) Moore Road - Interstate 10, Traffic Interchange Project (ST115), transferring amounts of up to $1,232,526 to the Tangerine Road Widening, Phase 2A Project (ST098) and up to $1,395,641 to the Santa Cruz SUP at Calportland Project (PK023) in the fiscal year 2024-2025 budget (Fausto Burruel)   C3 Resolution No. 2024-072: Relating to Development; approving the Final Plat for Mandarina - Phase 1B - Parcel A, Lots 733-884 & Tracts A-K, generally located north of Tangerine Road and east of Interstate 10 within portions of Section 36, Township 11 South and Range 11 East (Scott Radden)   C4 Resolution No. 2024-073: Relating to Development; approving the Final Plat for Mandarina - Phase 1B - Parcel D, Lots 885-998 & Tracts A-J, generally located north of Tangerine Road and east of Interstate 10 within portions of Section 36, Township 11 South and Range 11 East (Scott Radden)   Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 3 of 219   C5 Approval of Regular Town Council Meeting Summary Minutes of June 18, 2024, approval of Special Town Council Meeting Summary Minutes of June 18, 2024, and approval of Special Town Council Meeting Summary Minutes of June 25, 2024 (David L. Udall)   LIQUOR LICENSES   L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a location transfer series #009 Liquor Store liquor license and sampling privileges submitted by Jeffrey Craig Miller on behalf of Fry's Food & Drug #677, located at 11350 West Tangerine Road, Marana, Arizona, 85653 (David L. Udall)   L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a new series #012 Restaurant liquor license submitted by Jose Gabriel Contreras on behalf of Humo Cocina Mexicana, located at 6671 North Thornydale Road, Tucson, Arizona, 85741 (David L. Udall)   BOARDS, COMMISSIONS AND COMMITTEES   COUNCIL ACTION   A1 Resolution No. 2024-074: Relating to Development; approving and authorizing the Mayor to execute the First Amendment to Development Agreement for the Saguaro Bloom Development Project (Jane Fairall)   ITEMS FOR DISCUSSION / POSSIBLE ACTION   D1 Relating to Development and Public Works; update, discussion, and possible direction regarding public and private projects and development applications on the Town’s Marana Current and Proposed Projects internet site (Jason Angell)      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    Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 4 of 219 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 Southern Arizona Home Builders Association v. Town of Marana, Pima County Superior Court Case No. C20184411.      E3 Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion or consultation with the Town’s attorneys in order to consider the Town’s position and instruct its attorneys regarding the Town’s position regarding possible litigation and/or settlement negotiations related to the One Arizona Opioid Settlement Memorandum of Understanding.       E4 Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion or consultation with the Town’s attorneys in order to consider the Town’s position and instruct its attorneys regarding the Town’s position regarding possible litigation and/or settlement negotiations related to Jacobs-Sluger v. Town of Marana, Pima County Superior Court No. C20242463.      E5 Executive session pursuant to A.R.S. § 38-431.03(A)(4) & (7) for discussion or consultation with the Town’s attorneys in order to consider the Town’s position and instruct its attorneys regarding the Town’s position regarding ongoing negotiations and options related to the Master Development Lease Agreement between the Town and Pima Aviation for the lease of real property located at the Marana Regional Airport.       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 Regular Meeting Agenda Packet August 6, 2024 Page 5 of 219      Council-Regular Meeting   PR1        Meeting Date:08/06/2024   Date:August 6, 2024 Subject:Proclamation Recognizing National Purple Heart Day (David L. Udall) Attachments Proclamation Recognizing Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 6 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 7 of 219      Council-Regular Meeting   C1        Meeting Date:08/06/2024   To:Mayor and Council Submitted For:Terry Rozema, Town Manager From:Andrea De La Cruz, Assistant to the Town Manager Date:August 6, 2024 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2024-070: Relating to Budget; approving the transfer of up to $100,000 in budgeted expenditure authority from the General Fund contingency line item to the Mayor and Council Community Relations budget in the fiscal year 2024-2025 budget for a donation to the Marana Food Bank and Community Resource Center (Terry Rozema) Discussion: The budget for fiscal year 2024-2025 was adopted on June 18, 2024, 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. Council approval is required for the budgetary transfers between the General Fund departments, between funds, and for any transfer of contingency. The purpose of this item is to request the transfer of budget authority from the General Fund contingency line item to the Mayor and Council Community Relations budget of up to $100,000 for a donation to the Marana Food Bank and Community Resource Center (MFB-CRC). The MFB-CRC was formed in late 2023 with the mission to provide food and resources to improve lives and the Marana community. On November 21, 2023, Council approved a donation of $150,000 to the newly formed MFB-CRC. This donation was to assist with costs related to acquiring assets and to support operations. After less than a year of being formed, the MFB-CRC continues to see a growth in families and Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 8 of 219 individuals struggling with food insecurity. In an effort to continue providing local access to food assistance programs and to ensure services are uninterrupted, Staff recommends donating $100,000 to the MFB-CRC. These funds will assist with costs related to supporting operations and programming at 11734 W Grier Rd, Marana, AZ 85653.  Financial Impact: Fiscal Year:2025 Budgeted Y/N:N Amount:$100,000 The requested budget transfer of up to $100,000 does not increase the overall expenditure amount for the General Fund or the Town's budget. The transfer will only move Contingency budgetary authority to the Mayor and Council Community Relations budget within the General Fund.  Staff Recommendation: Staff recommends approval of the budget transfer from the General Fund Contingency line item to the Mayor and Council Community Relations budget. Suggested Motion: I move to adopt Resolution No. 2024-070, approving the transfer of up to $100,000 in budgeted expenditure authority from the General Fund contingency line item to the Mayor and Council Community Relations budget in the fiscal year 2024-2025 budget for a donation to the Marana Food Bank and Community Resource Center.  Attachments Resolution No. 2024-070 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 9 of 219 Resolution No. 2024-070 1 MARANA RESOLUTION NO. 2024-070 RELATING TO BUDGET; APPROVING THE TRANSFER OF UP TO $100,000 IN BUDGETED EXPENDITURE AUTHORITY FROM THE GENERAL FUND CONTINGENCY LINE ITEM TO THE MAYOR AND COUNCIL COMMUNITY RELATIONS BUDGET IN THE FISCAL YEAR 2024-2025 BUDGET FOR A DONATION TO THE MARANA FOOD BANK AND COMMUNITY RESOURCE CENTER WHEREAS on June 18, 2024, the Town Council adopted the fiscal year 2024-2025 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 Marana Food Bank and Community Resource Center has been a vital community resource, providing a wealth of benefits to the Marana community since late 2023; and WHEREAS on November 21, 2023, the Town Council adopted Resolution No. 2023- 109, approving a donation of $150,000 to assist the recently formed Marana Food Bank and Community Resource Center with costs related to acquiring needed assets and supporting operations; and WHEREAS a donation of $100,000 to the Marana Food Bank and Community Resource Center will assist with costs related to support operations and programming; and WHEREAS transferring amounts within the fiscal year 2024-2025 budget will not significantly impact the General Fund; 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. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The transfer of up to $100,000 in budgeted expense authority from the General Fund contingency line item to the Mayor and Council Community Relations budget in the fiscal year 2024-2025 budget is hereby approved. 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, obligations, and objectives of this resolution. Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 10 of 219 Resolution No. 2024-070 2 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of August, 2024. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 11 of 219      Council-Regular Meeting   C2        Meeting Date:08/06/2024   To:Mayor and Council Submitted For:Fausto Burruel, Public Works Director From:Dan Grossman, CIP Process Analyst Date:August 6, 2024 Strategic Plan Focus Area: Not Applicable Strategic Plan Focus Area Additional Info:   Subject:Resolution No. 2024-071: Relating to Budget; approving the transfer of up to $2,628,167 in budgeted expense authority from the Other Agency Funds (Fund #3045) Moore Road - Interstate 10, Traffic Interchange Project (ST115), transferring amounts of up to $1,232,526 to the Tangerine Road Widening, Phase 2A Project (ST098) and up to $1,395,641 to the Santa Cruz SUP at Calportland Project (PK023) in the fiscal year 2024-2025 budget (Fausto Burruel) Discussion: Marana Town Code Section 3-4-7 provides that Town Council approval is required where the purchase exceeds $100,000 and funds for the purchase are not provided in the budget as adopted. The budget for fiscal year 2024-2025 was adopted on June 18, 2024 and included the Town’s 5 year CIP program. On February 27, 2024, the Town of Marana submitted to the federal government a grant proposal requesting approximately $5,000,000 in RAISE Grant funding for the Moore Rd - Interstate 10, Traffic Interchange Project (ST115). The Town was not Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 12 of 219 successful in being awarded this grant. Due to not receiving this grant, the Town will not be conducting planning and design services for the ST115 project this fiscal year. The funding from this project is now available to be allocated for other needs as may be approved by Council. On June 4, 2024, the Town and Borderland Construction Company, Inc. (Borderland) amended the construction contract for the Tangerine Road Widening, Phase 2A Project (ST098) to include work to construct the Joint Utility Trench (JUT) to be utilized by Comcast, Lumen, and Trico.  The funding for the JUT will be provided by these companies but will still require budget appropriation. To fund this work, the Town will need to transfer $1,232,526 in Other Agency Funds (Fund #3045) in budgeted expense authority from the ST115 project to the ST098 project. On January 25th, 2024, the Town and Borderland entered into a construction contract to construct the Santa Cruz SUP At Calportland Project (PK023). While the PK023 project was originally expected to be completed by the end of fiscal year 2023-2024, construction material delays have caused the project to be delayed into the first quarter of fiscal year 2024-2025. The necessary funding to finish the PK023 project was not included in the 2024 – 2025 fiscal budget. The Town will need to transfer $1,395,641 in Other Agency Funds (Fund #3045) in budgeted expense authority from the ST115 project to the PK023 project. Financial Impact: Fiscal Year:2025 Budgeted Y/N:Yes Amount:$2,628,167 $1,232,526 in Other Agency Funds (Fund #3045) in budgeted expense authority will be transferred from the Moore Rd - I10, Traffic Interchange Project (ST115) to Other Agency Funds (Fund #3045) for the Tangerine Rd Widening, Phase 2A Project (ST098) and $1,395,641 in Other Agency Funds (Fund #3045)  in budgeted expense authority will be transferred from the Moore Rd - I10, Traffic Interchange Project (ST115) to Park Impact Fee Funds (Fund #3016) for the Santa Cruz SUP At Calportland Project (PK023). The total budget transfer from the Moore Rd - I10, Traffic Interchange Project (ST115) is $2,628,167. Staff Recommendation: Staff recommends approval of the budget transfer in the amount of not to exceed $2,628,167. Suggested Motion: I move to approve the transfer of up to $2,628,167 in budgeted expense authority from Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 13 of 219 I move to approve the transfer of up to $2,628,167 in budgeted expense authority from the Other Agency Funds (Fund #3045) Moore Road - Interstate 10, Traffic Interchange Project (ST115), transferring amounts of up to $1,232,526 to the Tangerine Road Widening, Phase 2A Project (ST098) and up to $1,395,641 to the Santa Cruz SUP at Calportland Project (PK023) in the fiscal year 2024-2025 budget. Attachments Resolution No. 2024-071 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 14 of 219 Marana Resolution No. 2024-071 1 MARANA RESOLUTION NO. 2024-071 RELATING TO BUDGET; APPROVING THE TRANSFER OF UP TO $2,628,167 IN BUDGETED EXPENSE AUTHORITY FROM THE OTHER AGENCY FUNDS (FUND # 3045) MOORE ROAD – INTERSTATE 10, TRAFFIC INTERCHANGE PROJECT (ST115), TRANSFERRING AMOUNTS OF UP TO $1,232,526 TO THE TANGERINE ROAD WIDENING, PHASE 2A PROJECT (ST098) AND UP TO $1,395,641 TO THE SANTA CRUZ SUP AT CALPORTLAND PROJECT (PK023) IN THE FISCAL YEAR 2024-2025 BUDGET WHEREAS on June 18, 2024, the Town Council adopted the fiscal year 2024-2025 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 on January 25, 2024, the Town and Borderland Construction Company (Borderland) entered into a construction contract to construct the Santa Cruz SUP at Calportland Project (PK023) expecting to finish the project by the end of the fiscal year, and, as a result, the PK023 project was not included in the fiscal year 2024-2025 budget; and WHEREAS due to construction material delays, the PK023 project will now be completed in the first quarter of the current fiscal year and funding of up to $1,395,641 for this project must be added to the fiscal year 2024-2025 budget; and WHEREAS on June 4, 2024, the Town and Borderland amended the construction contract for the Tangerine Road Widening, Phase 2A Project (ST098) to construct a Joint Utility Trench (JUT) to be used by Comcast, Lumen, and Trico; and WHEREAS the funding for the JUT will be provided by Comcast, Lumen and Trico but budget appropriation of up to $1,232,526 is required for the ST098 project in the fiscal year 2024-2025 budget; and WHEREAS on February 27, 2024, the Town applied to the federal government for a grant requesting $5,000,000 in RAISE grant funding for the Moore Road-Interstate 10 Traffic Interchange Project (ST115); and WHEREAS the Town was not awarded the RAISE grant, and, as a result, the Town will not be conducting planning and design services for ST115 project this fiscal year; and Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 15 of 219 Marana Resolution No. 2024-071 2 WHEREAS up to $2,628,167 in funding for ST115 project in the fiscal year 2024- 2025 budget can be used for the budgets for the PK023 and ST098 projects; and WHEREAS transferring up to $1,232,526 in budgeted expense authority from the ST115 project to the ST098 budget within the fiscal year 2024-2025 budget will not significantly impact the General Fund; and WHEREAS transferring up to $1,395,641 in budgeted expense authority from the ST115 project to the PK023 budget within the fiscal year 2024-2025 budget will not significantly impact the General Fund; 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. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The transfer of up to $1,232,526 in budgeted expense authority from the Moore Road- Interstate 10, Traffic Interchange project (ST115) to the Tangerine Road Widening, Phase 2A Project (ST098) within the fiscal year 2024-2025 budget, is hereby approved. SECTION 2. The transfer of up to $1,395,641 in budgeted expense authority from the Moore Road- Interstate 10, Traffic Interchange project (ST115) to the Santa Cruz SUP at Calportland Project (PK023) within the fiscal year 2024-2025 budget, 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, obligations, and objectives of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of August, 2024. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 16 of 219      Council-Regular Meeting   C3        Meeting Date:08/06/2024   To:Mayor and Council Submitted For:Scott Radden, Senior Planner From:Scott Radden, Senior Planner Date:August 6, 2024 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2024-072: Relating to Development; approving the Final Plat for Mandarina - Phase 1B - Parcel A, Lots 733-884 & Tracts A-K, generally located north of Tangerine Road and east of Interstate 10 within portions of Section 36, Township 11 South and Range 11 East (Scott Radden) Discussion: Request EPS Group, Inc., representing the owner, Meritage Homes of Arizona, Inc., is requesting approval of a final plat consisting of 152 Lots and 11 Tracts on approximately 30 acres of land generally located north of Tangerine Road and east of Interstate 10 within portions of Section 36, Township 11 South and Range 11 East.   Zoning The zoning of the property is Specific Plan (SP), Mandarina Specific Plan, created by Marana Ordinance No. 2009.02, adopted by the Marana Town Council on February 17, 2009, and administratively amended on October 30, 2019, and again on November 2, 2022.   Land Use Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 17 of 219 The proposed final plat is a resubdivision of Block 2 of the final block plat for Mandarina Blocks 1-2, 4-5 & 8-13, approved by the Mayor and Town Council on November 21, 2023, via adoption of Resolution No. 2023-111. The size of the proposed project is approximately 30.1 acres in gross area. The platted lot area is approximately 19.2 acres, the Tracts A-K area is approximately 5.5 acres, and the public right-of-way area totals approximately 5.4 acres.   Access and Traffic Access for the project is provided off Adonis Road via Meridian Way and Houston Boulevard. Over one mile of new public right-of-way for internal access to lots and common areas located within the overall platted area will be dedicated by this plat.   Utilities Water and sewer service for all the parcels will be provided by Marana Water. TRICO Electric and Southwest Gas will provide the electric and natural gas services. Staff Recommendation: Staff has reviewed the proposed final plat against the requirements of Ordinance No. 2009.02, the Mandarina Specific Plan, the Marana Town Code, and the Marana General Plan. The final plat is in substantial conformance with all required development regulations and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2024-072, approving the Final Plat for Mandarina - Phase 1B - Parcel A, Lots 733-884 & Tracts A-K. Attachments Resolution No. 2024-072 Final Plat Location Map Application Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 18 of 219 - 1 - Resolution No. 2024-072 MARANA RESOLUTION NO. 2024-072 RELATING TO DEVELOPMENT; APPROVING THE FINAL PLAT FOR MANDARINA - PHASE 1B - PARCEL A, LOTS 733-884 & TRACTS A-K, GENERALLY LOCATED NORTH OF TANGERINE ROAD AND EAST OF INTERSTATE 10 WITHIN PORTIONS OF SECTION 36, TOWNSHIP 11 SOUTH AND RANGE 11 EAST WHEREAS, on February 17, 2009, the Mayor and Town Council adopted Ordinance No. 2009.02, approving a rezoning of approximately 342 acres, generally located north of Tangerine Road and east of Interstate 10, from Zones “E” (Transportation Corridor), “C” (Large Lot), and “AG” (Agricultural) to Zone “F” (Specific Plan), creating the Mandarina Specific Plan; and WHEREAS, on October 30, 2019, Marana Town staff administratively approved an amendment to the Mandarina Specific Plan; and WHEREAS, on December 1, 2020, the Mayor and Town Council adopted Resolution No. 2020-130, approving the Mandarina development agreement, recorded in the Pima County Recorder’s Office at Sequence No. 20203390091; and WHEREAS, on November 2, 2022, Marana Town staff administratively approved an amendment to the Mandarina Specific Plan; and WHEREAS, on May 17, 2022, the Mayor and Town Council adopted Resolution No. 2022-047, approving the final block plat for Mandarina Blocks 1-7 and Parcels A, B & C, recorded in the Pima County Recorder’s Office at Sequence No. 20231590262; and WHEREAS, on November 21, 2023, the Mayor and Town Council adopted Resolution 2023-111, approving a final block plat for Mandarina Blocks 1-2, 4-5 & 8-13, recorded in the Pima County Recorder’s Office at Sequence No. 20233320095; and WHEREAS EPS Group, Inc., on behalf of Meritage Homes of Arizona, Inc., has applied for approval of a final plat for Mandarina - Phase 1B - Parcel A, Lots 733-884 & Tracts A-K, being a resubdivision of Block 2 of the final block plat for Mandarina Blocks 1- 2, 4-5 & 8-13; and WHEREAS, the Marana Town Council, at the regularly scheduled meeting on August 6, 2024, determined that the Final Plat for Mandarina - Phase 1B - Parcel A, Lots 733-884 & Tracts A-K should be approved. Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 19 of 219 - 2 - Resolution No. 2024-072 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Final Plat for Mandarina - Phase 1B - Parcel A, Lots 733-884 & Tracts A-K, is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of August, 2024. Mayor Ed Honea ATTEST:APPROVED AS TO FORM: David L. Udall, Town Clerk Jane Fairall, Town Attorney Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 20 of 219 Pr o j e c t : Sheet No. Job No. Designer: Drawn by: w w w . e p s g r o u p i n c . c o m T: 4 8 0 . 5 0 3 . 2 2 5 0 F : 4 8 0 . 5 0 3 . 2 2 5 8 11 3 0 N A l m a S c h o o l R d . , S u i t e 1 2 0 | Me s a , A Z 8 5 2 0 1 Ma n d a r i n a - P h a s e 1 B - P a r c e l A , L o t s 7 3 3 - 8 8 4 & T r a c t s A - K , B e i n g a p o r t i o n o f S e c t i o n 3 6 , T 1 1 S , R 1 1 E , G & S R M , T o w n o f M a r a n a , P i m a C o u n t y , A r i z o n a RAJ TJP 20-0522 of 8 FI N A L P L A T Sequence Number: _________________________ Se q u e n c e N u m b e r : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PRV2211-002 1 FP01 AREA SUMMARY TABLE FINAL PLAT Mandarina - Phase 1B - Parcel A, LOTS 733-884 & TRACTS A-K ENGINEER OWNER GENERAL NOTES SHEET INDEX PROJECT SITE ENGINEER CERTIFICATION PRV2210-003 PRV2111-004 PCZ1910-001 SURVEYOR CERTIFICATION TOWN OF MARANA CERTIFICATION TOWN OF MARANA APPROVALS VICINITY MAP NORTH Being a portion of Section 36, T11S, R11E, G&SRM Town of Marana, Pima County, Arizona Final Plat forMandarina - Phase 1B - Parcel A,Lots 733-884 & Tracts A-KBEING A RESUBDIVISION OF BLOCK 2 0F MANDARINA BLOCKS 1-2, 4-5 & 8-13, AS RECORDED IN SEQUENCENUMBER 20233320095, P.C.R. PCZ08048 PRV2211-002 PRV2210-001 ADMINISTRATIVE ADDRESS BASIS OF BEARING ASSURED WATER SUPPLY DEDICATION COMMON AREA DATA TABLE NOTE ASSURANCES RECORDING ACKNOWLEDGMENT BENEFICIARY LEGEND * 1 LOCAL STREET CROSS SECTION LOCAL STREET CROSS SECTION W/EXPANDED RIGHT OF WAY NOTE: Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 21 of 219 Pr o j e c t : Sheet No. Job No. Designer: Drawn by: w w w . e p s g r o u p i n c . c o m T: 4 8 0 . 5 0 3 . 2 2 5 0 F : 4 8 0 . 5 0 3 . 2 2 5 8 11 3 0 N A l m a S c h o o l R d . , S u i t e 1 2 0 | Me s a , A Z 8 5 2 0 1 Ma n d a r i n a - P h a s e 1 B - P a r c e l A , L o t s 7 3 3 - 8 8 4 & T r a c t s A - K , B e i n g a p o r t i o n o f S e c t i o n 3 6 , T 1 1 S , R 1 1 E , G & S R M , T o w n o f M a r a n a , P i m a C o u n t y , A r i z o n a RAJ TJP 20-0522 of 8 FI N A L P L A T Sequence Number: _________________________ Se q u e n c e N u m b e r : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PRV2211-002 2 FP02 N. H O U S T O N B O U L E V A R D N . W E L C H N. E T E R N I T Y W A Y W . L A R S O N S T R E E T W . H A Z E L B R O O K D R I V E W . W I L M A D R I V E N. R E D K I T E D R I V E W . R U M B L E W A Y N. F R O S T E D W A Y N. M E R I D I A N W A Y SHEET 3 SHEET 4 SHEET 7 SHEET 5 SHEET 6 S T R E E T N. U P P E R C A N Y O N W A Y NORTHKEY MAP W Adonis Rd W. TANGERINE ROAD W Tangerine Rd DIMENSION NOTE PRV2210-003 PRV2111-004 PCZ1910-001 PCZ08048 PRV2210-001 W . A D O N I S R O A D LEGEND * 1 PUBLIC STREET NOTE COMMON AREA (TRACT) DATA TABLE NOTE LOCAL STREET RIGHT OF WAY NOTE Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 22 of 219 17 16 15 14 TRACT B TRACT A 878 879 880 881 882 788 789 834 835 836 837 838 839 840 841 842 843 844 845 846 847 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 829 TRACT A TRA C T A T R A C T A TRA C T A T R A C T A TRA C T H TRA C T I TRA C T J W . A D O N I S R O A D W . L A R S O N S T R E E T W. WIL M A D R I V E N. R E D K I T E D R I V E N. R E D K I T E D R I V E W . W I L M A D R I V E TRA C T H N. H O U S T O N B O U L E V A R D T R A C T G W . L A R S O N S T R E E T W Adonis Rd * * * * * ** Pr o j e c t : Sheet No. Job No. Designer: Drawn by: w w w . e p s g r o u p i n c . c o m T: 4 8 0 . 5 0 3 . 2 2 5 0 F : 4 8 0 . 5 0 3 . 2 2 5 8 11 3 0 N A l m a S c h o o l R d . , S u i t e 1 2 0 | Me s a , A Z 8 5 2 0 1 Ma n d a r i n a - P h a s e 1 B - P a r c e l A , L o t s 7 3 3 - 8 8 4 & T r a c t s A - K , B e i n g a p o r t i o n o f S e c t i o n 3 6 , T 1 1 S , R 1 1 E , G & S R M , T o w n o f M a r a n a , P i m a C o u n t y , A r i z o n a RAJ TJP 20-0522 of 8 FI N A L P L A T Sequence Number: _________________________ Se q u e n c e N u m b e r : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PRV2211-002 3 FP03 N. FROSTED WAY 30 scale 0 30 60 feet NORTH M A T C H L I N E S E E S H E E T 4 M A T C H L I N E S E E S H E E T 4 MA T C H L I N E S E E S H E E T 4 M A T C H L I N E S E E S H E E T 4 MA T C H L I N E S E E S H E E T 7 MA T C H L I N E S E E S H E E T 7 M A T C H L I N E S E E S H E E T 7 PRV2210-003 PRV2111-004 PCZ1910-001 PCZ08048 PRV2210-001 LEGEND * 1 PUBLIC STREET NOTE COMMON AREA DATA TABLE NOTE EASEMENT NOTE SIGHT VISIBILITY TRIANGLE NOTE LOCAL STREET RIGHT OF WAY NOTE Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 23 of 219 N. H O U S T O N B O U L E V A R D W. S A G U A R O S K I E S R O A D 878 879 880 881 882 883 884 781 782 783 784 785 786 788 789 790 791 792 793 794 834 835 836 837 838 839 840 841 842 843 844 845 846 847 864 865 866 829 745 744 743 742 741 740 739 738 737 736 735 734 733 795 824 825 833 832 831 830 787 TRA C T A T R A C T A TRACT F TRA C T H TRA C T I TRA C T J W . L A R S O N S T R E E T W . W I L M A D R I V E N. R E D K I T E D R I V E W . R U M B L E W A Y N. R E D K I T E D R I V E W . W I L M A D R I V E N. F R O S T E D W A Y TRA C T H TRACT F 780 * * * * * * * * ** * Pr o j e c t : Sheet No. Job No. Designer: Drawn by: w w w . e p s g r o u p i n c . c o m T: 4 8 0 . 5 0 3 . 2 2 5 0 F : 4 8 0 . 5 0 3 . 2 2 5 8 11 3 0 N A l m a S c h o o l R d . , S u i t e 1 2 0 | Me s a , A Z 8 5 2 0 1 Ma n d a r i n a - P h a s e 1 B - P a r c e l A , L o t s 7 3 3 - 8 8 4 & T r a c t s A - K , B e i n g a p o r t i o n o f S e c t i o n 3 6 , T 1 1 S , R 1 1 E , G & S R M , T o w n o f M a r a n a , P i m a C o u n t y , A r i z o n a RAJ TJP 20-0522 of 8 FI N A L P L A T Sequence Number: _________________________ Se q u e n c e N u m b e r : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PRV2211-002 4 FP04 30 scale 0 30 60 feet NORTH MA T C H L I N E S E E S H E E T 5 MA T C H L I N E S E E S H E E T 5 M A T C H L I N E S E E S H E E T 5 M A T C H L I N E S E E S H E E T 7 M A T C H L I N E S E E S H E E T 3 M A T C H L I N E S E E S H E E T 3 M A T C H L I N E S E E S H E E T 3 MA T C H L I N E S E E S H E E T 3 PRV2210-003 PRV2111-004 PCZ1910-001 PCZ08048 PRV2210-001 LEGEND * 1 PUBLIC STREET NOTE COMMON AREA DATA TABLE NOTE EASEMENT NOTE SIGHT VISIBILITY TRIANGLE NOTE LOCAL STREET RIGHT OF WAY NOTE Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 24 of 219 781 782 783 784 785 793 794 756 755 754 753 752 751 750 749 745 744 743 742 778 777 776 775 774 773 772 803 802 801 800 799 798 797 796 795 813 812 811 810 809 808 807 806 819 818 817 816 815 814 854 855 824 825 826 827 828 833 832 746 747 748 TRA C T E TRACT C TRA C T C TRACT F TRA C T K N. U P P E R C A N Y O N W A Y W . L A R S O N S T R E E T W . H A Z E L B R O O K D R I V E W . R U M B L E W A Y W . R U M B L E W A Y N. F R O S T E D W A Y TRACT F TRA C T E N. U P P E R C A N Y O N W A Y W . R U M B L E W A Y W . H A Z E L B R O O K D R I V E 779 780 * * * * * * * * * ** * Pr o j e c t : Sheet No. Job No. Designer: Drawn by: w w w . e p s g r o u p i n c . c o m T: 4 8 0 . 5 0 3 . 2 2 5 0 F : 4 8 0 . 5 0 3 . 2 2 5 8 11 3 0 N A l m a S c h o o l R d . , S u i t e 1 2 0 | Me s a , A Z 8 5 2 0 1 Ma n d a r i n a - P h a s e 1 B - P a r c e l A , L o t s 7 3 3 - 8 8 4 & T r a c t s A - K , B e i n g a p o r t i o n o f S e c t i o n 3 6 , T 1 1 S , R 1 1 E , G & S R M , T o w n o f M a r a n a , P i m a C o u n t y , A r i z o n a RAJ TJP 20-0522 of 8 FI N A L P L A T Sequence Number: _________________________ Se q u e n c e N u m b e r : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PRV2211-002 5 FP05 30 scale 0 30 60 feet NORTH MA T C H L I N E S E E S H E E T 4 MA T C H L I N E S E E S H E E T 4 M A T C H L I N E S E E S H E E T 7 M A T C H L I N E S E E S H E E T 7 MA T C H L I N E S E E S H E E T 6 MA T C H L I N E S E E S H E E T 6 MA T C H L I N E S E E S H E E T 6 MA T C H L I N E S E E S H E E T 6 PRV2210-003 PRV2111-004 PCZ1910-001 PCZ08048 PRV2210-001 LEGEND * 1 PUBLIC STREET NOTE COMMON AREA DATA TABLE NOTE EASEMENT NOTE SIGHT VISIBILITY TRIANGLE NOTE LOCAL STREET RIGHT OF WAY NOTE Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 25 of 219 TRA C T D 771 770 769 768 767 766 765 764 763 762 761 760 759 758 757 756 755 754 753 778 777 776 775 774 773 772 803 802 801 800 799 798 797 796 795 812 811 810 809 808 807 806 805 804 823 822 821 820 819 818 TRACT A TRA C T A TRA C T A T R A C T A TRAC T A TRACT C TRA C T C T R A C T B TRACT F N . W E L C H S T R E E T N. E T E R N I T Y W A Y W . H A Z E L B R O O K D R I V E N. M E R I D I A N W A Y TRA C T D W . R U M B L E W A Y W . H A Z E L B R O O K D R I V E W . L A R S O N S T R E E T TRACT A 779 * * * * ** * * * * Pr o j e c t : Sheet No. Job No. Designer: Drawn by: w w w . e p s g r o u p i n c . c o m T: 4 8 0 . 5 0 3 . 2 2 5 0 F : 4 8 0 . 5 0 3 . 2 2 5 8 11 3 0 N A l m a S c h o o l R d . , S u i t e 1 2 0 | Me s a , A Z 8 5 2 0 1 Ma n d a r i n a - P h a s e 1 B - P a r c e l A , L o t s 7 3 3 - 8 8 4 & T r a c t s A - K , B e i n g a p o r t i o n o f S e c t i o n 3 6 , T 1 1 S , R 1 1 E , G & S R M , T o w n o f M a r a n a , P i m a C o u n t y , A r i z o n a RAJ TJP 20-0522 of 8 FI N A L P L A T Sequence Number: _________________________ Se q u e n c e N u m b e r : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PRV2211-002 6 FP06 30 scale 0 30 60 feet NORTH MA T C H L I N E S E E S H E E T 5 MA T C H L I N E S E E S H E E T 5 MA T C H L I N E S E E S H E E T 5 MA T C H L I N E S E E S H E E T 5 MA T C H L I N E S E E S H E E T 7 M A T C H L I N E S E E S H E E T 7 M A T C H L I N E S E E S H E E T 7 PRV2210-003 PRV2111-004 PCZ1910-001 PCZ08048 PRV2210-001 LEGEND * 1 PUBLIC STREET NOTE COMMON AREA DATA TABLE NOTE EASEMENT NOTE SIGHT VISIBILITY TRIANGLE NOTE LOCAL STREET RIGHT OF WAY NOTE Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 26 of 219 W. TANGERINE ROAD TRA C T D 857 858 859 860 861 829 771 770 769 776 800 799 798 797 796 795 813 812 811 810 809 808 807 806 805 804 823 822 821 820 819 818 817 816 815 814 848 849 850 851 852 853 854 855 856 825 826 827 828 TRA C T A T R A C T A TRA C T E TRACT A TRACT A T R A C T A TRA C T A T R A C T G W . A D O N I S R O A D N. E T E R N I T Y W A Y N. U P P E R C A N Y O N W A Y W . L A R S O N S T R E E T W . H A Z E L B R O O K D R I V E TRA C T E N. U P P E R C A N Y O N W A Y TRA C T D W. HAZELBR O O K D R I V E W . L A R S O N S T R E E T T R A C T G W . L A R S O N S T R E E T TRACT A N. M E R I D I A N W A Y W Adonis Rd * * * * * * * * *829 828 832 831 830 TRA C T H T R A C T G T R A C T G W . L A R S O N S T R E E T * * Pr o j e c t : Sheet No. Job No. Designer: Drawn by: w w w . e p s g r o u p i n c . c o m T: 4 8 0 . 5 0 3 . 2 2 5 0 F : 4 8 0 . 5 0 3 . 2 2 5 8 11 3 0 N A l m a S c h o o l R d . , S u i t e 1 2 0 | Me s a , A Z 8 5 2 0 1 Ma n d a r i n a - P h a s e 1 B - P a r c e l A , L o t s 7 3 3 - 8 8 4 & T r a c t s A - K , B e i n g a p o r t i o n o f S e c t i o n 3 6 , T 1 1 S , R 1 1 E , G & S R M , T o w n o f M a r a n a , P i m a C o u n t y , A r i z o n a RAJ TJP 20-0522 of 8 FI N A L P L A T Sequence Number: _________________________ Se q u e n c e N u m b e r : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PRV2211-002 7 FP07 M A T C H L I N E S E E S H E E T 5 MA T C H L I N E S E E S H E E T 3 N. FROSTED WAY MA T C H L I N E SEE U P P E R L E F T M A T C H L I N E S E E S H E E T 5 M A T C H L I N E S E E S H E E T 6 M A T C H L I N E S E E S H E E T 6 MA T C H L I N E S E E S H E E T 6 TH I S S H E E T MA T C H L I N E SEE L O W E R R I G H T TH I S S H E E T M A T C H L I N E S E E S H E E T 4 MA T C H L I N E S E E S H E E T 3 M A T C H L I N E S E E S H E E T 3 30 scale 0 30 60 feet NORTH W Tangerine Rd PRV2210-003 PRV2111-004 PCZ1910-001 PCZ08048 PRV2210-001 LEGEND * 1 PUBLIC STREET NOTE COMMON AREA DATA TABLE NOTE EASEMENT NOTE SIGHT VISIBILITY TRIANGLE NOTE LOCAL STREET RIGHT OF WAY NOTE Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 27 of 219 CURVE TABLE TRACT USE TABLE LINE TABLE LOT AREA TABLE LOT AREA TABLE LOT AREA TABLE Pr o j e c t : Sheet No. Job No. Designer: Drawn by: w w w . e p s g r o u p i n c . c o m T: 4 8 0 . 5 0 3 . 2 2 5 0 F : 4 8 0 . 5 0 3 . 2 2 5 8 11 3 0 N A l m a S c h o o l R d . , S u i t e 1 2 0 | Me s a , A Z 8 5 2 0 1 Ma n d a r i n a - P h a s e 1 B - P a r c e l A , L o t s 7 3 3 - 8 8 4 & T r a c t s A - K , B e i n g a p o r t i o n o f S e c t i o n 3 6 , T 1 1 S , R 1 1 E , G & S R M , T o w n o f M a r a n a , P i m a C o u n t y , A r i z o n a RAJ TJP 20-0522 of 8 FI N A L P L A T Sequence Number: _________________________ Se q u e n c e N u m b e r : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PRV2211-002 8 FP08 NOTES PRV2210-003 PRV2111-004 PCZ1910-001 PCZ08048 PRV2210-001 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 28 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 29 of 219 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 Mandarina Phase 1B.1 - Parcel A Mandarina Phase 1B.1 - Parcel A Final Plat 150 21755011D, 21755011G, 21755011H 30.10 Northwest of Adonis Road and Mandarina Road ENG2209-018, 019, 020, 021, DRA2209-003 Mandarina Holdings LLC Hudd Hassell 1635 N Greenfield Road, #115 Mesa AZ 85205 hudd@belaflor.com (602) 525-0000 EPS Group, Inc.Meikle Garrett 1130 N Alma School Road, #120 Mesa AZ 85201 meikle.garrett@epsgroupinc.com (480) 355-0628 EPS Group, Inc.Brian Nicholls 1130 N Alma School Road, # 120 Mesa AZ 85201 brian.nicholls@epsgroupinc.com (480) 355-1537 G. Meikle Garrett 11/4/2022 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 30 of 219      Council-Regular Meeting   C4        Meeting Date:08/06/2024   To:Mayor and Council Submitted For:Scott Radden, Senior Planner From:Scott Radden, Senior Planner Date:August 6, 2024 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2024-073: Relating to Development; approving the Final Plat for Mandarina - Phase 1B - Parcel D, Lots 885-998 & Tracts A-J, generally located north of Tangerine Road and east of Interstate 10 within portions of Section 36, Township 11 South and Range 11 East (Scott Radden) Discussion: Request EPS Group, Inc., representing the owner, Meritage Homes of Arizona, Inc., is requesting approval of a final plat consisting of 114 lots and 10 tracts on approximately 19.8 acres of land generally located north of Tangerine Road and east of Interstate 10 within portions of Section 36, Township 11 South. Zoning The zoning of the property is Specific Plan (SP), Mandarina Specific Plan, created by Marana Ordinance 2009.02, adopted by the Marana Town Council on February 17, 2009. The ordinance was administratively amended on October 30, 2019, and again on November 2, 2022. Land Use The proposed final block plat is a resubdivision of Block 8 of the Final Block Plat for Mandarina Blocks 1-2, 4-5 & 8-13, approved by the Mayor and Town Council on November 21, 2023, via adoption of Marana Resolution No. 2023-111. The size of the proposed project is approximately 19.8 acres in gross area. The platted lot area is Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 31 of 219 approximately 12.8 acres, the Tracts A-J area is approximately 3.3 acres, and the public right-of-way area totals approximately 3.8 acres. Access and Traffic Access for the project is provided off Adonis Road via Meridian Way and Houston Boulevard. One mile of new public right-of-way for internal access to parcels located within the overall platted area will be dedicated by this plat. Utilities Water and sewer service for all parcels will be provided by Marana Water. TRICO Electric and Southwest Gas will provide the electric and natural gas services. Staff Recommendation: Staff has reviewed the proposed final plat against the requirements of Ordinance No. 2009.02, the Mandarina Specific Plan, the Marana Town Code, and the Marana General Plan. The final block plat is in substantial conformance with all required development regulations and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2024-073, approving the Final Plat for Mandarina - Phase 1B - Parcel D, Lots 885-998 & Tracts A-J.   Attachments Resolution No. 2024-073 PRV2308-001- Final Plat Location Map Application Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 32 of 219 - 1 - Resolution No. 2024-073 MARANA RESOLUTION NO. 2024-073 RELATING TO DEVELOPMENT; APPROVING THE FINAL PLAT FOR MANDARINA - PHASE 1B - PARCEL D, LOTS 885-998 & TRACTS A-J, GENERALLY LOCATED NORTH OF TANGERINE ROAD AND EAST OF INTERSTATE 10 WITHIN PORTIONS OF SECTION 36, TOWNSHIP 11 SOUTH AND RANGE 11 EAST WHEREAS, on February 17, 2009, the Mayor and Town Council adopted Ordinance No. 2009.02, approving a rezoning of approximately 342 acres, generally located north of Tangerine Road and east of Interstate 10, from Zones “E” (Transportation Corridor), “C” (Large Lot), and “AG” (Agricultural) to Zone “F” (Specific Plan), creating the Mandarina Specific Plan; and WHEREAS, on October 30, 2019, Marana Town staff administratively approved an amendment to the Mandarina Specific Plan; and WHEREAS, on December 1, 2020, the Mayor and Town Council adopted Resolution No. 2020-130, approving the Mandarina development agreement, recorded in the Pima County Recorder’s Office at Sequence No. 20203390091; and WHEREAS, on November 2, 2022, Marana Town staff administratively approved an amendment to the Mandarina Specific Plan; and WHEREAS, on May 17, 2022, the Mayor and Town Council adopted Resolution No. 2022-047, approving the final block plat for Mandarina Blocks 1-7 and Parcels A, B & C, recorded in the Pima County Recorder’s Office at Sequence No. 20231590262; and WHEREAS, on November 21, 2023, the Mayor and Town Council adopted Resolution 2023-111, approving a final block plat for Mandarina Blocks 1-2, 4-5 & 8-13, recorded in the Pima County Recorder’s Office at Sequence No. 20233320095; and WHEREAS EPS Group, Inc., on behalf of Meritage Homes of Arizona, Inc. has applied for approval of a final plat for Mandarina - Phase 1B - Parcel D, Lots 885-998 & Tracts A-J, being a resubdivision of Block 8 of the final block plat for Mandarina Blocks 1-2, 4-5 & 8-13; and WHEREAS, the Marana Town Council, at the regularly scheduled meeting on August 6, 2024, determined that the Final Plat for Mandarina - Phase 1B - Parcel D, Lots 885-998 & Tracts A-J should be approved. Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 33 of 219 - 2 - Resolution No. 2024-073 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Final Plat for Mandarina - Phase 1B - Parcel D, Lots 885-998 & Tracts A-J, is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of August, 2024. Mayor Ed Honea ATTEST:APPROVED AS TO FORM: David L. Udall, Town Clerk Jane Fairall, Town Attorney Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 34 of 219 Pr o j e c t : Sheet No. Job No. Designer: Drawn by: w w w . e p s g r o u p i n c . c o m T: 4 8 0 . 5 0 3 . 2 2 5 0 F : 4 8 0 . 5 0 3 . 2 2 5 8 11 3 0 N A l m a S c h o o l R d . , S u i t e 1 2 0 | Me s a , A Z 8 5 2 0 1 Ma n d a r i n a - P h a s e 1 B - P a r c e l D , L o t s 8 8 5 - 9 9 8 & Tr a c t s A - J , B e i n g a p o r t i o n o f S e c t i o n 3 6 , T 1 1 S , R 1 1 E , G & S R M , T o w n o f M a r a n a , P i m a C o u n t y , A r i z o n a RAJ TJP 20-0522 of 6 FI N A L P L A T Sequence Number: _________________________ Se q u e n c e N u m b e r : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PRV2308-001 1 FP01 AREA SUMMARY TABLE PROJECT SITE FINAL PLAT Mandarina - Phase 1B - Parcel D, LOTS 885-998 & TRACTS A-J ENGINEER OWNER BASIS OF BEARING GENERAL NOTES SHEET INDEX ASSURED WATER SUPPLY DEDICATION ENGINEER CERTIFICATION PRV2210-003 PRV2111-004 PCZ1910-001 SURVEYOR CERTIFICATION TOWN OF MARANA CERTIFICATION TOWN OF MARANA APPROVALS VICINITY MAP NORTH Being a portion of Section 36, T11S, R11E, G&SRM Town of Marana, Pima County, Arizona Final Plat forMandarina - Phase 1B - Parcel D,Lots 885-998 & Tracts A-JBEING A RESUBDIVISION OF BLOCK 8 0F MANDARINABLOCKS 1-2, 4-5 & 8-13, AS RECORDED IN SEQUENCE NUMBER 20233320095, P.C.R. PCZ08048 PRV2211-002 PRV2210-001 COMMON AREA DATA TABLE NOTE ADMINISTRATIVE ADDRESS ASSURANCES RECORDING ACKNOWLEDGMENT BENEFICIARY LOCAL STREET CROSS SECTION LEGEND * 1 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 35 of 219 Pr o j e c t : Sheet No. Job No. Designer: Drawn by: w w w . e p s g r o u p i n c . c o m T: 4 8 0 . 5 0 3 . 2 2 5 0 F : 4 8 0 . 5 0 3 . 2 2 5 8 11 3 0 N A l m a S c h o o l R d . , S u i t e 1 2 0 | Me s a , A Z 8 5 2 0 1 Ma n d a r i n a - P h a s e 1 B - P a r c e l D , L o t s 8 8 5 - 9 9 8 & Tr a c t s A - J , B e i n g a p o r t i o n o f S e c t i o n 3 6 , T 1 1 S , R 1 1 E , G & S R M , T o w n o f M a r a n a , P i m a C o u n t y , A r i z o n a RAJ TJP 20-0522 of 6 FI N A L P L A T Sequence Number: _________________________ Se q u e n c e N u m b e r : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PRV2308-001 2 FP02 NORTH N. MERIDIAN WAY W. GALVESTON ROAD W . A D O N I S R O A D N . W I L D C R E S T D R I V E N . F I R E B R A N D S T R E E T N . T R E L L I S D R I V E N. S T O N E C U T T E R D R I V E W. KINCAID WAY N. M E R I D I A N W A Y W. LA S S E N D A S W A Y SHEET 5 SHEET 4 SHEET 3 PRV2210-003 PRV2111-004 PCZ1910-001 PCZ08048 PRV2210-001 KEY MAP DIMENSION NOTE PUBLIC STREET NOTE COMMON AREA (TRACT) DATA TABLE NOTE W. TANGERINE ROADW Tangerine Rd W Adonis Rd LOCAL STREET RIGHT OF WAY NOTE LEGEND * 1 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 36 of 219 W. TANGERINE ROAD TRA C T D TRA C T A W. F A I R F O R D R O A D N. M E R I D I A N W A Y TRA C T D W . F I R E B R A N D S T R E E T TRACT A 898 897 896 895 894 893 892 891 890 889 888 887 886 885 918 917 916 915 919 936 937 938 T R A C T A TRACT A TRA C T A T R A C T A TRACT F TRAC T F TRA C T I W . A D O N I S R O A D TRACT A W. LA S S E N D A S W A Y N . F I R E B R A N D S T R E E T W Adonis Rd * * * * * Pr o j e c t : Sheet No. Job No. Designer: Drawn by: w w w . e p s g r o u p i n c . c o m T: 4 8 0 . 5 0 3 . 2 2 5 0 F : 4 8 0 . 5 0 3 . 2 2 5 8 11 3 0 N A l m a S c h o o l R d . , S u i t e 1 2 0 | Me s a , A Z 8 5 2 0 1 Ma n d a r i n a - P h a s e 1 B - P a r c e l D , L o t s 8 8 5 - 9 9 8 & Tr a c t s A - J , B e i n g a p o r t i o n o f S e c t i o n 3 6 , T 1 1 S , R 1 1 E , G & S R M , T o w n o f M a r a n a , P i m a C o u n t y , A r i z o n a RAJ TJP 20-0522 of 6 FI N A L P L A T Sequence Number: _________________________ Se q u e n c e N u m b e r : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PRV2308-001 3 FP03 30 scale 0 30 60 feet NORTH MATC H L I N E S E E S H E E T 4 MATC H L I N E S E E S H E E T 4 MAT C H L I N E S E E S H E E T 4 MAT C H L I N E S E E S H E E T 4 M A T C H L I N E S E E S H E E T 5 N. WILDCREST DRIVE W Tangerine Rd PRV2210-003 PRV2111-004 PCZ1910-001 PCZ08048 PRV2210-001 PUBLIC STREET NOTE COMMON AREA DATA TABLE NOTE EASEMENT NOTE SIGHT VISIBILITY TRIANGLE NOTE LOCAL STREET RIGHT OF WAY NOTE LEGEND * 1 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 37 of 219 982981980979977976975974973972971970969 968 906 905 904 903 901 900 899 898 897 896 895 918 917 916 915 914 913 912 911 910 909 908 907 927 926 925 924 923 922 921 920 919 928 929 930 931 932 933 934 935 936 937 938 940 941 942 943 944 945 946 902 TRACT A T R A C T A TRACT A T R A C T A T R A C T A TRACT F TRAC T F TRACT D TRACT D TR A C T B TRACT E TRACT E TR A C T C TRA C T I W . A D O N I S R O A D W. LA S S E N D A S W A Y N . W I L D C R E S T D R I V E N . F I R E B R A N D S T R E E T N . F I R E B R A N D S T R E E T W. GALVESTON ROAD 978 W Adonis Rd * * * * * * ** * Pr o j e c t : Sheet No. Job No. Designer: Drawn by: w w w . e p s g r o u p i n c . c o m T: 4 8 0 . 5 0 3 . 2 2 5 0 F : 4 8 0 . 5 0 3 . 2 2 5 8 11 3 0 N A l m a S c h o o l R d . , S u i t e 1 2 0 | Me s a , A Z 8 5 2 0 1 Ma n d a r i n a - P h a s e 1 B - P a r c e l D , L o t s 8 8 5 - 9 9 8 & Tr a c t s A - J , B e i n g a p o r t i o n o f S e c t i o n 3 6 , T 1 1 S , R 1 1 E , G & S R M , T o w n o f M a r a n a , P i m a C o u n t y , A r i z o n a RAJ TJP 20-0522 of 6 FI N A L P L A T Sequence Number: _________________________ Se q u e n c e N u m b e r : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PRV2308-001 4 FP04 30 scale 0 30 60 feet NORTH MATC H L I N E S E E S H E E T 3 MATC H L I N E S E E S H E E T 3 MAT C H L I N E S E E S H E E T 3 MAT C H L I N E MA T C H L I N E S E E S H E E T 5 M A T C H L I N E S E E S H E E T 5 PRV2210-003 PRV2111-004 PCZ1910-001 PCZ08048 PRV2210-001 PUBLIC STREET NOTE COMMON AREA DATA TABLE NOTE EASEMENT NOTE SIGHT VISIBILITY TRIANGLE NOTE SEE S H E E T 3 LOCAL STREET RIGHT OF WAY NOTE LEGEND * 1 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 38 of 219 W. G I L D E D S T R E E T N. MERIDIAN WAY W. GALVESTON ROAD TRACT C 998997996995994993992991990989988987986985984983982981980979 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 954 953 952 951 950 949 948 947 955 956 957 958 959 961 962 963 964 965 967 966 960 T R A C T A TRACT I TRACT E TR A C T C TR A C T G TR A C T G TR A C T H TR A C T H TRACT J TRACT J TRACT I TRACT I TRA C T I N . T R E L L I S D R I V E W. KINCAID WAY N. S T O N E C U T T E R D R I V E N . W E L C H S T R E E T * ** * * * * * * * *Pr o j e c t : Sheet No. Job No. Designer: Drawn by: w w w . e p s g r o u p i n c . c o m T: 4 8 0 . 5 0 3 . 2 2 5 0 F : 4 8 0 . 5 0 3 . 2 2 5 8 11 3 0 N A l m a S c h o o l R d . , S u i t e 1 2 0 | Me s a , A Z 8 5 2 0 1 Ma n d a r i n a - P h a s e 1 B - P a r c e l D , L o t s 8 8 5 - 9 9 8 & Tr a c t s A - J , B e i n g a p o r t i o n o f S e c t i o n 3 6 , T 1 1 S , R 1 1 E , G & S R M , T o w n o f M a r a n a , P i m a C o u n t y , A r i z o n a RAJ TJP 20-0522 of 6 FI N A L P L A T Sequence Number: _________________________ Se q u e n c e N u m b e r : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PRV2308-001 5 FP05 MA T C H L I N E S E E S H E E T 4 M A T C H L I N E S E E S H E E T 4 M A T C H L I N E S E E S H E E T 3 PRV2210-003 PRV2111-004 PCZ1910-001 PCZ08048 PRV2210-001 30 scale 0 30 60 feet NORTH PUBLIC STREET NOTE COMMON AREA DATA TABLE NOTE EASEMENT NOTE SIGHT VISIBILITY TRIANGLE NOTE LOCAL STREET RIGHT OF WAY NOTE LEGEND * 1 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 39 of 219 CURVE TABLE TRACT USE TABLELINE TABLELOT AREA TABLE LOT AREA TABLE Pr o j e c t : Sheet No. Job No. Designer: Drawn by: w w w . e p s g r o u p i n c . c o m T: 4 8 0 . 5 0 3 . 2 2 5 0 F : 4 8 0 . 5 0 3 . 2 2 5 8 11 3 0 N A l m a S c h o o l R d . , S u i t e 1 2 0 | Me s a , A Z 8 5 2 0 1 Ma n d a r i n a - P h a s e 1 B - P a r c e l D , L o t s 8 8 5 - 9 9 8 & Tr a c t s A - J , B e i n g a p o r t i o n o f S e c t i o n 3 6 , T 1 1 S , R 1 1 E , G & S R M , T o w n o f M a r a n a , P i m a C o u n t y , A r i z o n a RAJ TJP 20-0522 of 6 FI N A L P L A T Sequence Number: _________________________ Se q u e n c e N u m b e r : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PRV2308-001 6 FP06 NOTES PRV2210-003 PRV2111-004 PCZ1910-001 PCZ08048 PRV2210-001 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 40 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 41 of 219 Development Services / maranaplanning@maranaAZ.gov 11555 West Civic Center Drive / Marana, AZ 85653 Ph (520) 382-2600 / Fax (520) 382-2641 / maranaAZ .gov PROJECT APPLICATION APPLICATION TYPE  Annexation  Development Plan  Development Plan Package  General Plan Amendment  Rezone  Minor Land Division  Significant Land Use Change  Conditional Use Permit  Specific Plan  Landscape Plan  Native Plant Plan/Exception  SWPP  Variance  Hydraulic Model  Sewer Capacity Assurance  Sign Program  Plat  Improvement Plan  Report (Type): ______________  Other: ___________________ PROJECT INFORMATION Project Name: Description of Project: Number of Lots: Parcel No.(s): Gross Area (Acres): Project Address: Ref. Project No.: CONTACT INFORMATION Owner: Contact Name: Address: City: State: Zip: Email: Phone No.: Applicant: Contact Name: Address: City: State: Zip: Email: Phone No.: Consultant/Engineer: Contact Name: Address: City: State: Zip: Email: Phone No.: OWNER/APPLICANT AUTHORIZATION I hereby certify that the information set forth in this application are true and correct to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application. (If applicant is not the owner, attach written authorization from the owner.) Applicant Name (PRINT) Signature Date FOR OFFICIAL USE ONLY Project No.______________________ Date Received____________________ Revision Date 03/29/2019 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 42 of 219      Council-Regular Meeting   C5        Meeting Date:08/06/2024   To:Mayor and Council From:David L. Udall, Town Clerk/Assistant Town Attorney Date:August 6, 2024 Subject:Approval of Regular Town Council Meeting Summary Minutes of June 18, 2024, approval of Special Town Council Meeting Summary Minutes of June 18, 2024, and approval of Special Town Council Meeting Summary Minutes of June 25, 2024 (David L. Udall) Attachments Regular Council Meeting Summary Minutes, 06/18/2024 Special Council Meeting Summary Minutes, 06/18/2024 Special Council Meeting Summary Minutes, 06/25/2024 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 43 of 219 Regular Council Meeting Summary Minutes June 18, 2024 Page 1 of 7 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 18, 2024, 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 6:00 PM and directed the Town Clerk to call the roll. All Council Members were present, constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Council Member Ziegler moved to approve the agenda as presented. Council Member Officer seconded the motion. Motion passed, 7-0. CALL TO THE PUBLIC PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 44 of 219 Regular Council Meeting Summary Minutes June 18, 2024 Page 2 of 7 Council Member Ziegler and Mayor Honea complemented the beam-signing event for the Community Center and Aquatics Facility that took place earlier in the day. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Terry Rozema said the Town has issued 63 single-family residential permits so far in June. Last June, there were 80 total permits issued. He shared that he and the Mayor had a behind-the-scenes tour of the CalPortland segment of the Shared Use Path construction project and said the construction was progressing. He also reminded the Council that there would be a Study Session on June 25, 2024, regarding the Town’s Facilities Master Plan. He said that would be the last Town Council meeting until August. He reminded the Council about the Town’s upcoming Star-Spangled Spectacular July 4th event. PRESENTATIONS CONSENT AGENDA C1 Resolution No. 2024-059: Relating to Municipal Court; approving and authorizing the Mayor to execute an Intergovernmental Agreement between the Town of Marana and Pima County for provision of video-court hearings of municipal prisoners for 2024-2025 (Laine McDonald) C2 Resolution No. 2024-060: Relating to the Police Department; approving and authorizing the Mayor to execute an Intergovernmental Agreement between Pima County and the Town of Marana for payment for the incarceration of municipal prisoners for the period of July 1, 2024, through June 30, 2025 (Jeffrey Pridgett) C3 Resolution No. 2024-061: Relating to Real Estate; accepting the offer of just compensation from Pima County for an additional easement needed for the Continental Ranch Regional Pump Station Force Main Augmentation Project and authorizing the Town Engineer to execute the Acquisition Agreement, conveyance instruments, and any and all other associated documents (George Cardieri) C4 Resolution No. 2024-062: Relating to Water; approving and authorizing the Water Director to sign a joint funding agreement with the U.S. Department of the Interior U.S. Geological Survey for water resources investigations in the Tucson Active Management Area from July 1, 2024, through June 30, 2028 (Asia Philbin) C5 Resolution No. 2024-066: Relating to Public Works; approving and authorizing the Mayor to execute Amendment No. One to the Intergovernmental Agreement between the State of Arizona and the Town of Marana for design, construction, and installation of Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 45 of 219 Regular Council Meeting Summary Minutes June 18, 2024 Page 3 of 7 a traffic signal at the intersection of Dove Mountain Boulevard and Moore Road (Fausto Burruel) C6 Relating to Procurement; approving a change order to the contract with Psomas, Inc. in the amount of $381,786.75 for the Tangerine Road Widening Phase 2A Project (ST098); authorizing the transfer of appropriations if necessary for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order (Fausto Burruel) C7 Approval of Regular Council Meeting Summary Minutes of June 4, 2024 (David L. Udall) Council Member Kai moved to approve the consent agenda. Council Member Ziegler seconded the motion. Motion passed, 7-0. LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a new series #012 Restaurant liquor license submitted by Brian Casey Platt on behalf of The Pasta Shop, located at 3951 West Ina Road Suite 155, Tucson, Arizona, 85741 (David L. Udall) Town Clerk / Assistant Town Attorney David Udall informed the Council that Town staff reviewed the liquor license application and that it had been posted for the required 20-day notice period. He said staff recommended an order recommending approval be submitted to the Arizona Department of Liquor Licenses and Control. Council Member Comerford moved to submit to the Arizona Department of Liquor Licenses and Control an order recommending approval of an application for a new series #012 Restaurant liquor license submitted by Brian Casey Platt on behalf of The Pasta Shop, located at 3951 West Ina Road Suite 155, Tucson, Arizona, 85741. Vice Mayor Post seconded the motion. Motion passed, 7-0. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A1 PUBLIC HEARING: Ordinance No. 2024.014: Relating to Land Development; adopting revisions to Marana Town Code (“MTC”) Title 17 - Land Development; revising MTC Section 17-4-2 (Use matrix) to add ‘Single-family attached’ as a residential land use and establish an allowance status for each of the zoning categories; revising MTC Section 17-4-2 (Use matrix) to revise the allowance status of the Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 46 of 219 Regular Council Meeting Summary Minutes June 18, 2024 Page 4 of 7 Duplex and Townhouse residential uses in the Neighborhood Commercial (NC) and Village Commercial (VC) zoning districts; revising MTC Section 17-4-3 (Use conditions matrix) to add appropriate conditions to the development of ‘Single-family attached’, Duplex, and Townhouse residential uses in the Neighborhood Commercial (NC) and Village Commercial (VC) zoning districts consisting of the requirement for compliance with the development standards for the R-3 (residential) zone; revising MTC Section 17-4-7 (Commercial zoning districts) to clarify that no minimum lot size requirement shall apply within the Neighborhood Commercial (NC) and the Village Commercial (VC) zoning districts; revising MTC Section 17-5-3 (Subdivision requirements), subsection 17-5-3.B.15, to clarify that the requirement to underground utilities includes all new and existing utilities within or contiguous to the subdivision; and, revising MTC Section 17-5-3 (Subdivision requirements), subsection 17-5-3.C.3.a, to add an option to the general requirement for lot access to a street as, ‘An access easement providing ingress and egress to a parcel over another parcel through an area dedicated for such perpetual use’; and designating an effective date (Brian D. Varney) Resolution No. 2024-063: Relating to Land Development; declaring as a public record filed with the Town Clerk the amendment adopted by Ordinance No. 2024.014, revisions to Marana Town Code (“MTC”) Title 17 - Land Development; revising MTC Section 17- 4-2 (Use matrix) to add ‘Single-family attached’ as a residential land use and establish an allowance status for each of the zoning categories; revising MTC Section 17-4-2 (Use matrix) to revise the allowance status of the Duplex and Townhouse residential uses in the Neighborhood Commercial (NC) and Village Commercial (VC) zoning districts; revising MTC Section 17-4-3 (Use conditions matrix) to add appropriate conditions to the development of ‘Single-family attached’, Duplex, and Townhouse residential uses in the Neighborhood Commercial (NC) and Village Commercial (VC) zoning districts consisting of the requirement for compliance with the development standards for the R- 3 (residential) zone; revising MTC Section 17-4-7 (Commercial zoning districts) to clarify that no minimum lot size requirement shall apply within the Neighborhood Commercial (NC) and the Village Commercial (VC) zoning districts; revising MTC Section 17-5-3 (Subdivision requirements), subsection 17-5-3.B.15, to clarify that the requirement to underground utilities includes all new and existing utilities within or contiguous to the subdivision; and, revising MTC Section 17-5-3 (Subdivision requirements), subsection 17- 5-3.C.3.a, to add an option to the general requirement for lot access to a street as, ‘An access easement providing ingress and egress to a parcel over another parcel through an area dedicated for such perpetual use’ (Brian D. Varney) Mayor Honea opened the public hearing at 6:10 PM Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 47 of 219 Regular Council Meeting Summary Minutes June 18, 2024 Page 5 of 7 Senior Planner Brian Varney presented on this item. A copy of the presentation slides is on file with the Town Clerk’s Office. He said Town staff is proposing amendments to Title 17 of the Marana Town Code as follows: • Adding a land use allowing for single-family attached uses and revising the zoning use matrix accordingly • Updates to the use conditions matrix allowing single-family attached, duplex, and townhouse uses to be allowed in Neighborhood Commercial and Village Commercial zones subject to the development standards for the R-3 zone • Revisions to the Commercial zoning districts clarifying that no minimum lot sizes are required in the Neighborhood Commercial and Village Commercial zones • Revisions to the subdivision requirements clarifying when the undergrounding of utilities is required and revisions to the subdivision requirements related to access easements Mr. Varney said the Planning Commission unanimously recommended approval of these amendments. For more information regarding the amendments, please see the presentation slides. Mayor Honea closed the public hearing at 6:15 PM. Council Member Craig moved to adopt Ordinance No. 2024.014 and Resolution No. 2024- 063. Council Member Comerford seconded the motion. Motion passed, 7-0. A2 Resolution No. 2024-064: Relating to Marana Regional Airport; approving and authorizing the Mayor to sign the Third Amendment to the Master Development Lease Agreement for the lease of real property located at the Marana Regional Airport, 11700 West Avra Valley Road (David L. Udall) Mr. Udall presented on this item. A copy of the map of the lease area is on file with the Town Clerk’s Office. Mr. Udall said the Town and Pima Aviation were parties to the Master Development Lease Agreement that covers almost 61 acres of land on the west side of the Airport, as depicted in black hatching on the lease area map. He said the lease agreement was entered into on June 1, 1999, and that it expired on May 31, 2024. Mr. Udall informed the Council that Town staff and Pima Aviation are in the process of negotiating the terms of a new lease or some other resolution regarding the leased property. He said that, if approved, the proposed amendment to the Master Development Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 48 of 219 Regular Council Meeting Summary Minutes June 18, 2024 Page 6 of 7 Lease Agreement would retroactively extend the lease from June 1, 2024, through August 31, 2024, in order to give the parties time to conduct due diligence and negotiate various options. He said the proposed amendment also updates the notice provisions in the original lease, which were out of date. Council Member Ziegler moved to adopt Resolution No. 2024-064. Council Member Officer seconded the motion. Motion passed, 7-0. ITEMS FOR DISCUSSION / POSSIBLE ACTION D1 Relating to Legislation and Government Actions; discussion and possible action or direction regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies (Terry Rozema) Mr. Rozema said the state Legislature adjourned sine die on Saturday, June 15, 2024, after passing a $16.1 billion budget. Mayor Honea said the water bill allowing the conversion of agricultural water to municipal use was on the governor’s desk. He said he was not sure if she would sign it because the Legislature may hold a special session devoted to water and this may be tabled until that time as a result. D2 PUBLIC HEARING: Relating to Budget; public hearing regarding the Town of Marana’s fiscal year 2024-2025 final budget (Yiannis Kalaitzidis) Mayor Honea opened the public hearing at 6:23 PM. Finance Director Yiannis Kalaitzidis presented on this item. A copy of the presentation slides is on file with the Town Clerk’s Office. Mr. Kalaitzidis explained the budget timeline and thanked all who contributed to the budget process. He said this is the largest budget in the Town’s history at $473.7 million and reminded the Council that this budget includes several capital improvement projects. He said there have been no changes to the amounts included in the tentative budget adopted by the Council on May 21, 2024. For additional information, including relevant tables and charts, please see the presentation slides. Council Member Ziegler thanked Town staff for including funds for the Saguaro Bloom park and requested that staff revisit the Town’s policy of giving employees at the top of their salary range a one-time payment. Mayor Honea closed the public hearing at 6:29 PM. Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 49 of 219 Regular Council Meeting Summary Minutes June 18, 2024 Page 7 of 7 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). Mayor Honea asked for future agenda items. There were no requests for future agenda items. ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post moved to adjourn the meeting. Motion passed, 7-0. Meeting adjourned at 6:30 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the regular Town Council meeting held on June 18, 2024. I further certify that a quorum was present. ________________________________________ David L. Udall, Town Clerk Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 50 of 219 Special Council Meeting Summary Minutes June 18, 2024 Page 1 of 2 MARANA TOWN COUNCIL SPECIAL COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 18, 2024, 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 6:30 PM and directed the Town Clerk to call the roll. All Council Members were present, constituting a quorum. APPROVAL OF AGENDA Council Member Ziegler moved to approve the agenda as presented. Motion passed, 7-0. COUNCIL ACTION A1 Resolution No. 2024-065: Relating to Budget; adopting the Town of Marana’s fiscal year 2024-2025 final budget (Yiannis Kalaitzidis) Council Member Comerford moved to adopt Resolution No. 2024-065. Council Member Ziegler seconded the motion. Motion passed, 7-0. EXECUTIVE SESSIONS Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 51 of 219 Special Council Meeting Summary Minutes June 18, 2024 Page 2 of 2 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 Mayor Honea asked for a motion to adjourn. Council Member Ziegler moved to adjourn the meeting. Council Member Officer seconded the motion. Motion passed, 7-0. Meeting adjourned at 6:31 PM. CERTIFICATION I hereby certify that the forgoing are the true and correct minutes of the Marana Town Council Special Meeting held on June 18, 2024. I further certify that a quorum was present. David L. Udall, Town Clerk Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 52 of 219 Special Council Meeting Summary Minutes June 25, 2024 Page 1 of 8 MARANA TOWN COUNCIL SPECIAL COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Second Floor Conference Center, June 25, 2024, 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 6:00 PM and directed the Town Clerk to call the roll. Council Member Officer and Council Member Kai were 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 Ziegler moved to approve the agenda as presented. Vice Mayor Post seconded the motion. Motion passed, 5-0. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 53 of 219 Special Council Meeting Summary Minutes June 25, 2024 Page 2 of 8 PRESENTATIONS CONSENT AGENDA C1 Resolution No. 2024-067: Relating to Economic Development; approving and authorizing the Mayor to execute a Funding Agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. for fiscal year 2024-2025 to support operation of the Marana Visitor Center and provision of services to the Marana community (Libby Shelton) C2 Resolution No. 2024-068: Relating to Elections, approving and authorizing the Mayor to sign the first amendment to the Intergovernmental Agreement Between The Town of Marana and Pima County For Election Services (David L. Udall) C3 Resolution No. 2024-069: Relating to the Police Department; approving and authorizing the Mayor and the Police Chief to execute an intergovernmental agreement between local agencies regarding the Pima County Sheriff's Department Motorola Flex Spillman System (Libby Shelton) Vice Mayor Post moved to approve the consent agenda. Council Member Ziegler seconded the motion. Motion passed, 5-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION D1 Relating to Facilities; presentation providing an update on the Town of Marana Facilities Master Plan; discussion and possible direction regarding prioritization of future Town facilities projects (Andrea De La Cruz) Assistant to the Town Manager Andrea De La Cruz presented on this item. A copy of the presentation slides is on file with the Town Clerk’s Office. Ms. De La Cruz provided an overview of the history of this item, including work done by the Town’s consultants on this project and the input provided by the Council at the February 2024 Town Council Special Meeting/Retreat. She then presented on the following topics: • Facilities Master Plan progress, including a review of Town’s facilities (Marana Municipal Complex, Marana Police Facility, Marana Operations Center, Water Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 54 of 219 Special Council Meeting Summary Minutes June 25, 2024 Page 3 of 8 Operations Center, Water Reclamation Facility, Visitor Center, and Marana Community Center) and projected staff growth over the next ten years • Facility conditions summary, including evaluation results of the following: o Marana Municipal Complex (MMC)  Facility is in good condition overall  MMC A has large areas of underutilized space and inefficient uses of space  MMC C has a shortage of interview rooms, courtrooms, and additional staff spaces  MMC overall lacks designated and organized storage space o Marana Operations Center (MOC)  Several buildings vary in age and condition, all of which have some Americans with Disabilities Act (ADA) and quality deficiencies  Building layout is highly inefficient and created expansion issues  Site is not large enough to meet the ten-year needs of all departments located at the MOC o Water Operations Center (WOC)  Buildings on site vary in condition from fair to end of useful life  Building D is a trailer too small to accommodate staff needs  Records and other storage on site are in a series of Conex boxes, which are in fair condition but not ideal for storage of their contents o Wastewater Reclamation Facility (WRF)  The trainer-based office and lab spaces are at the end of their useful life and not large enough for staff needs  The new “barn” facility is recently constructed and in good condition, but falls short in providing enough space for staff needs • Project recommendations over the next ten years, including the following: o MMC remodel for space needs and optimization o New Courts expansion for space needs and optimization o MMC expansion project for space needs Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 55 of 219 Special Council Meeting Summary Minutes June 25, 2024 Page 4 of 8 o Expansion of existing Police Department facility for space needs for dispatch operations o New Public Works yard at a parcel near the Marana Regional Airport for space needs and to more centrally locate Public Works o New Police Department substation at the MOC for space needs and a location that is more strategically located in the south o New WOC facility for space needs and end of use o New WRF facility for space needs and end of use • Project prioritization, including the following options: o Option A, consisting of the project recommendations in the following order:  (1) New WRF facility  (2) MMC expansion  (3) New Public Works yard (at parcel near Airport)  (4) New WOC facility  (5) New Police Department substation (at MOC)  (6) New Courts expansion  (7) New Police Department expansion (above gym)  (8) MMC remodel o Option B, consisting of the project recommendations in the following order:  (1) New WRF facility  (2) New WOC facility  (3) MMC remodel  (4) New Public Works yard (at parcel near Airport)  (5) New Police Department substation (at MOC)  (6) New Courts expansion  (7) New Police Department expansion (above gym)  (8) MMC expansion For more information, including specific buildings and dates, more details regarding project recommendations and prioritization, tables, maps, and images, please see the presentation slides. Clarifying questions were asked and answered throughout the presentation. Regarding Option A and Option B listed above, the Council provided the following feedback: Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 56 of 219 Special Council Meeting Summary Minutes June 25, 2024 Page 5 of 8 • There was a consensus among the Council Members that projects (1) and (2) under Option B (the new WRF facility and the new WOC facility) needed to be prioritized first. • Vice Mayor Post and Council Member Craig were in favor of Option B. • Council Member Commerford and Council Member Ziegler said they were in favor of priorities (1) and (2) under Option B, but that they need time to think about the rest. Council Member Ziegler commented that the Town couldn’t start soon enough on projects (1) and (2) under Option B. Council Member Comerford highlighted that there are safety and working condition considerations involved in prioritizing those two projects. Mayor Honea was in favor of the two projects and said they should be relatively cheap to implement. • Council Member Comerford said it might be good to not prioritize projects beyond the first two projects under Option B because the priorities may change over the years. • Council Member Criag highlighted that there are departments that do not have enough space at the MMC. Additional feedback and discussion are summarized as follows: • Council Member Comerford and Council Member Ziegler noted for the record that it was hard for them to comment when the first time they were able to see the materials related to this item was during the meeting. • Council Member Comerford asked whether the Town had recently completed courtroom improvements. Judge Laine McDonald said that a jury assembly room was added to the courthouse. • Mayor Honea said that MMC A still has a lot of usable space. He noted that there is space for additional offices on the Council side of the third floor and that there is a lot of space in the area to the right of the entryway on the first floor. He said most employees don’t need offices. He referenced the Communications Department configuration as a good exemplar. He said MMC A is in pretty good shape. Mayor Honea asked if HVAC would be looked at when looking at redesign of the MMC. Town Manager Terry Rozema said the HVAC would probably need to be redesigned. • Council Member Comerford asked what was stored in the Conex boxes at the WOC. Town Clerk / Assistant Town Attorney David Udall said records were Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 57 of 219 Special Council Meeting Summary Minutes June 25, 2024 Page 6 of 8 stored in the Conex boxes. Council Member Criag asked about the possibility of electronic storage of records to save space. Mr. Udall said he and the Deputy Town Clerk are exploring that as an option and that it was something mentioned by the consultant as well. He said they were in the early stages of looking into it. Mayor Honea said he believed state law required some records to be kept in printed form. Mr. Udall said that permanent records must be kept in physical form because there is not an electronic format that lasts permanently. Council Member Comerford mentioned there are private companies that can store records on behalf of the Town. • Vice Mayor Post asked how the square footage of space was calculated for the MMC. Ms. De La Cruz said the calculations did not include free spaces that are not currently being utilized. Vice Mayor Post commented that there is low hanging fruit in the MMC without new construction. Mr. Rozema said a design would need to be completed relating to the optimal utilization of space in the MMC. • Council Member Comerford, Mayor Honea, and Council Member Craig expressed surprise at the proposal to expand the MMC. Council Member Comerford was not in favor of the Town doing a lot of new facilities construction. She said more flexible changes (remodeling, etc.) would be better. She also mentioned that at her husband’s work, everything was planned down to the chair. She said the Town should not go to that level of standardization. • Mayor Honea said that the expansion of the Police Department facility would open up additional space in MMC B because dispatch operations would be moved from there into the Police facility expansion. He further commented that the Police Facility is already set up for expansion. • Discussion ensued regarding whether the J.D. Russell building was located inside or outside of the Marana Regional Airport fence, and it was determined it was outside the fence. Discussion was also had regarding where fleet maintenance and police vehicle upgrades take place. • Council Member Comerford expressed surprise at the proposition of moving all of Public Works to a new facility located outside the Airport fence. Mayor Honea said that the MOC works well for Public Works but said that there may be value in moving operations closer to the work. Vice Mayor Post agreed that the MOC is a great place for Public Works right now, but said it was not a good option for the future. Mr. Rozema said that Public Works will outgrow the MOC facility without question, and the question then becomes do we add onto that facility with the way the buildings are laid out or move to a new facility. Vice Mayor Post said the MOC Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 58 of 219 Special Council Meeting Summary Minutes June 25, 2024 Page 7 of 8 is currently a poor location for Public Works. Mr. Rozema agreed and said the department currently needs to haul its heavy equipment from the south of Town to the north. Regarding converting the MOC into a Police substation, Council Member Comerford asked if the Town needed police stations in the south and in the north. Mr. Rozema said the idea was to put a couple of squads in the MOC as a substation and said most of the calls the Police Department gets originate from the southern part of the Town because it is the most populous. Council Member Craig pointed out that the two departments with the largest space needs are Public Works and the Police Department and said that it made sense to move Public Works to a new facility at the Airport and to convert the MOC to a Police substation. Mayor Honea said that would solve two problems with one action. Council Member Ziegler liked the idea. • Vice Mayor Post asked if any of the projects were impact fee eligible. Deputy Town Manager Erik Montague said the Town currently does not have a government services impact fee, but that it has been studied in the past. He said more research would need to be done. Mayor Honea said the Town has the highest impact fees in Southern Arizona and that it is not a good idea to increase them. Vice Mayor Post said they could help cover a lot of expensive projects under the Facilities Master Plan. 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). Mayor Honea asked for future agenda items. There were no future agenda items. Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 59 of 219 Special Council Meeting Summary Minutes June 25, 2024 Page 8 of 8 ADJOURNMENT Mayor Honea asked for a motion to adjourn. Vice Mayor Post moved to adjourn the meeting. Motion passed, 5-0. The meeting was adjourned at 7:27 PM. CERTIFICATION I hereby certify that the forgoing are the true and correct minutes of the Marana Town Council Special Meeting held on June 25, 2024. I further certify that a quorum was present. David L. Udall, Town Clerk Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 60 of 219      Council-Regular Meeting   L1        Meeting Date:08/06/2024   To:Mayor and Council Submitted For:David L. Udall, Town Clerk/Assistant Town Attorney From:Nolette Hernandez, Records Clerk Date:August 6, 2024 Strategic Plan Focus Area: Not Applicable Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a location transfer series #009 Liquor Store liquor license and sampling privileges submitted by Jeffrey Craig Miller on behalf of Fry's Food & Drug #677, located at 11350 West Tangerine Road, Marana, Arizona, 85653 (David L. Udall) Discussion: This application is for a location transfer series #009 Liquor Store liquor license and sampling privileges at Fry's Food & Drug #677, located at 11350 West Tangerine Rd, Marana, Arizona, 85653.   Pursuant to state law, the application was posted at the premises where the business is to be conducted.  The posted notice provided that residents within a one-mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk’s Office within 20 days of the posting.  Any written arguments received by the Clerk’s Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC).   Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building, and other legal requirements for the business.  Additionally, the Marana Police Department has conducted a local background check.  The DLLC required management training has been submitted to the DLLC.   Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 61 of 219   The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing the application.  Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications, and reliability of the applicant and “in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license.”   If the Council’s recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and include a summary of the testimony or other evidence supporting the recommendation.   If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the Liquor Board or a resident within a one-mile radius from the premises requests a hearing.  If the Council enters an order recommending disapproval of the application, or if the director, board or a resident within a one-mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application.   At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license.  The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: The Town staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to approve and submit to the DLLC an order recommending approval of an application for a location transfer series #009 Liquor Store liquor license and sampling privileges submitted by Jeffrey Craig Miller on behalf of Fry's Food & Drug #677, located at 11350 West Tangerine Road, Marana, Arizona, 85653. OPTION 2: I move to approve and submit to the DLLC an order recommending disapproval of an application for a location transfer series #009 Liquor Store liquor license application and sampling privileges submitted by Jeffrey Craig Miller on behalf of Fry's Food & Drug #677, located at 11350 West Tangerine Road, Marana, Arizona, 85653. Attachments Redacted Application Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 62 of 219 Redacted Application Affidavit of Posting Local Governing Body Recommendation Description of Common Liquor Licenses Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 63 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 64 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 65 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 66 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 67 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 68 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 69 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 70 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 71 of 219 Marana Town Council Regular Meeting Agenda Packet 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Packet August 6, 2024 Page 97 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 98 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 99 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 100 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 101 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 102 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 103 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 104 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 105 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 106 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 107 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 108 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 109 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 110 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 111 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 112 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 113 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 114 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 115 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 116 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 117 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 118 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 119 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 120 of 219 N POSTING Olt 0 a= Job# DLLC use only 4R zo ',,,'' L .esS 19.59 Arizona Dept.of Liquor Licenses and Control 444/Z0 P 800 W.Washington St.5th Floor Phoenix,AZ 85007 602) 542-5141 Type or Print with Black Ink Date of Posting: 06 / 13 / 24 Date of Posting Removal: 7 / 3 / Applicant's Name: Miller Jeffrey Craig Last First Middle Business Address: 11350 W Tangerine Rd Marana 85653 Street City Zip I hereby certify that pursuant to A.R.S. 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. JR Burns Housing Rehabilitation Specialist (520) 990-2496 Print Name of City/County Official Title Phone Number W14SignatureDateSgned Return this affidavit with your recommendations or any other related documents. If you have any questions please call(602)542-5141 and ask for the Licensing Division. 7/21/2022 Individuals requiring ADA accommodations please call(602)542-2999Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 121 of 219 7/21/2022 Individuals requiring ADA accommodations please call (602)542-2999 Arizona Dept. of Liquor Licenses and Control 800 W. Washington St. 5th Floor Phoenix, AZ 85007 (602) 542-5141 Type or Print with Black Ink City or Town of: Liquor License/Application #: (Circle one) (Arizona license/application #) County of: City/Town/County #: Licensed establishment that will be operating within an “entertainment district” as described in A.R.S. §4-207(D)(2), (Name of entertainment district) (Date of resolution to create the entertainment district) A boundary map of entertainment district must be attached. The at a meeting held (Governing body) (Regular or special) on the of , considered the application of (Day) (Month) (Year) (Name of applicant) for a license to sell spirituous liquor at the premises described in the application as provided by A.R.S §4 -201. ORDER OF APPROVAL/DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF (Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for . (Approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona 85007. Dated at _______________________ on ________________, _________________, __________. (Location) (Day) (Month) (Year) (Printed name of city, town or county clerk) (Signature of city, town or county clerk) Local Governing Body Recommendation A.R.S. § 4-201(C) Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 122 of 219 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 6 Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off-sale ("To Go") package sales of spirituous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off- sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off- sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off-sale ("To Go") package sales can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than the time of delivery. Series 9 Liquor Store Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 123 of 219 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (liquor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel/Motel This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 124 of 219      Council-Regular Meeting   L2        Meeting Date:08/06/2024   To:Mayor and Council Submitted For:David L. Udall, Town Clerk/Assistant Town Attorney From:Nolette Hernandez, Records Clerk Date:August 6, 2024 Strategic Plan Focus Area: Not Applicable Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a new series #012 Restaurant liquor license submitted by Jose Gabriel Contreras on behalf of Humo Cocina Mexicana, located at 6671 North Thornydale Road, Tucson, Arizona, 85741 (David L. Udall) Discussion: This application is for a new series #012 Restaurant liquor license at Humo Cocina Mexicana, located at 6671 North Thornydale Road, Tucson, Arizona, 85741.   Pursuant to state law, the application was posted at the premises where the business is to be conducted.  The posted notice provided that residents within a one-mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk’s Office within 20 days of the posting.  Any written arguments received by the Clerk’s Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC).   Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building, and other legal requirements for the business.  Additionally, the Marana Police Department has conducted a local background check.    The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing the application.  Pursuant to state statute, a Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 125 of 219 license will only be issued after a satisfactory showing of the capability, qualifications, and reliability of the applicant and “in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license.”   If the Council’s recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and include a summary of the testimony or other evidence supporting the recommendation.   If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the Liquor Board or a resident within a one-mile radius from the premises requests a hearing.  If the Council enters an order recommending disapproval of the application, or if the director, board or a resident within a one-mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application.   At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license.  The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: The Town staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to approve and submit to the DLLC an order recommending approval of an application for a new series #012 Restaurant liquor license submitted by Jose Gabriel Contreras on behalf of Humo Cocina Mexicana, located at 6671 North Thornydale Road, Tucson, Arizona, 85741. OPTION 2: I move to approve and submit to the DLLC an order recommending disapproval of an application for a new series #012 Restaurant liquor license submitted by Jose Gabriel Contreras on behalf of Humo Cocina Mexicana, located at 6671 North Thornydale Road, Tucson, Arizona, 85741. Attachments Redacted Application Affidavit of Posting Local Governing Body Recommendation Description of Common Liquor Licenses Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 126 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 127 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 128 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 129 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 130 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 131 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 132 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 133 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 134 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 135 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 136 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 137 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 138 of 219 t Q1213C?51 On-sale Certificate of Completion El off-sale For 0 On- and off-sole Title 4 BASIC Liquor Law Training A certi'icgate of g ipletior rvaust be eins a form 0rcvided by the Arizona Department of Liquor. Certificates are completed by a state- oapproved trainsprovider and., mu t hen issued.the Ce rtifccte i.,signed by the course participant. r State requires BASIC Title 4 training only as a arerecaisite far MANAGEMENT Title 4 training or as a result of a liquor law violation. Persons r p ie d to have BASIC?itI 4 training listed at the base of this certificate. Licensee:,sometimes require BASIC Title 4 Training a condition of employment. ale 4 training must be available tarctugh the training provider for two years after the trainingAreplacementCertificateatnpletlontarT completion date. Student information Jose contreras Full Name (please print i a_._ Si mndt=;re 07/30/2Q2,024 Training Completion Date ra ,' , • ,t C7ate r .. '. ar etiori;date) Tr i 360tra1ning.com Inc. Corrapany'Naarrte 6801 N Capital of Texas Hwy. Bldg I, Suite 250, Austin,TX 78731 Mailing Address 877 881-2235 Daytime Contact Phone Number I, Samantha Montalbano certify that the above named individual did successfully completeInstructorName(please print) Title 4 BASIC Training in accordance with A.R.S. §4-112(G)(2) and Arizona Administrative Code (A.A.C.}R19-`f-103 ii:using training course content and materials approved by the Arizona Department of Liquor Licenses and Contra(;I understand that misuse of this Certificate of Completion can result in the revocation of State-approval.for"the Title4TrainingProvidernamedinthissectionasprovidedbyA.A.C. R19-1-103(E) and ( ), 7/3Q/2021instructorSignare Persons required to complete B,e,$iC1g MANAGEMENT" a a Title:4 training, 1,11.ownerlst actively involved in the.,bu ne w, licensed buslne*s sf a ones hste below2licensees,agents and.t'na tx 4 In-state Mi. robrewery(series 3} eratat r s of a qf. ' r + f a Conveyance(ser es 8) Go''ernin s R e Conveyance series s Liqu r Star r t l etpF}is.5l Bit t r„ x Liquor license iaP.PlLPsatagras linrttgl cfnd re rim= eery Isertes 1 ) Ike 1+ abn t#ed to tt#e=r3epa ment cat ?q oo prat Clulesllonnc are wt' r i3o am.m i ,y, -, .5 ' ` to areet A 3 $ t d k r a• M , xk s y t a r''.- a 40. i rA p, `ma . ;.!.. e. t^ 3; * r . et s c: b 4 ra r a - 7 a . -.. '. 7"-`"`" r-* x" '' ,: mi p t, s Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 139 of 219 Certificate .#,,,:'.: ,,:,A; ZMt0N.„,01,2Q3832 CIPertificate of Completion For Title 4 MANAGEMENT Liquor Law Training 7 :iilf..1' Certificate of Completion must be or a forrriTarayi ' ' 'Y'the,ArizandDeRartnent oTLiquor. Certificates are completed by a stale approved and,when issued,the 0..1S Signe *.tiocours . 919pan .,,, 4;cisTitle:4:,trainiff0 is a.prerequisite for MANAGE 2., training must be on file7::.-,I...""•.•.'•:...,...-7.„.„O0orribiletion for BASIC Title 4attheDepartmentofLiquorandsatisfactoryOa, ' 7 . Iptte::4, 6Urse...,must be verifiedby the training provider priorTo.:issuing4Certificate of Completion far MANA, i...:-A.,.1-4.'-a.„i,...?,,„'44.1 -41,,,,, Ti'-'-'''''''''''''I Wall-• ...' • • '---•„for twoAreplacementCertificateofCompletion:far,' tip'.4 training.„My$:......„,. „.„ . „. .1. ,, , •,•:,.• ,411 'f„.„,,,,,.. -.„..,_years after the training completion date. - - ',„,,,,,;,,,,i''''''',„„m" ,1'""'!i:::11-ittltii:'" '",!•,:!,,i,,,,v:'':,,,,ilir:'";:''''-,-N:,.„-,;0""3"glrbitrt. :'ei:!-N-„,,,4141''''' '"t0.1.1:21''''''T:;;--;::ik, -14-!'!,-,.. -''.'E;;!' Student Information 10Se „cohttera8 fultName(please print) gnature 08/12/2021tAr - ',--,::::. ' !-:'-'':, :! ::,--' ::- -08/11/2024 Training Completion pate, !4,, -, . . Certificate.Expiration Date three years from completion date) 4,i- .' :-. •,-.. - H'-'-'''''.:, ..' ' • -. e.„ .,. _ r ,...00k.n -:.. :,, - : : : — -. ... . . 3 train" , glice 1- -. nc. Company Name 6801 N Capital of Texas Hwy. Bldg I, Suite 250 Austin,TX 78731 Mailing Address 877) 881-2235 Daytime Contact Phone Number lbtMthSamanaonaano certify that the above named individual did successfully complete Instructor Name(please print) f.I.Title 4 MANAGEMENT Training in Administrative CodeaccordancewithA.R.S. §4- 112(G)(2) and Arizona A.A.C4R19-1-103 using training course contentDepartment of LiquorandmaterialsapprovedbytheArizona Licenses and Control. I understand that misuse of this Certificate of Completion can result in the revocation of State-approval for the Title 4 Training Provider named in this section as provided by A.A.C. R19-1-103(E) and (F). 08/12/2021 Instructor Sign ture Day Mo Year Persons required to complete BASIC &MANAGEMENT Title 4 training: 1)owner(s) actively involved in the daily business operations of a liquor licensed business of a series eisI't d below F) licensees,agents and managersthe dailybusinessactivelyinvolved'in operations of a liquor-licensed business of a series listed below 22ri!!li:R;i.,:iK:. ,-I;,,W'--- ia.angemi.wmiiiinii-.)-,,:,!,,,, - ,. 103.:VtelM1001.0feyypry. series 3) Government(series 5) Bar(series 6) Beer&Wine Bar(series 7) t,600-0,b0-40:0:ik: ''' „' Liquor Store(series 9) Private Club (series 14) Hotel/Motel wirestaurant(series 11) Beer&Wine Store(series to)In-state Farm Winery(series 13) Nom 0,1101toiji(initial and renewal) are not complete until valid Certificates of Completion for all required persons have been 0.1.40.4iiMerit of Liquor. TM i.orw.„,H*210,0firmeow:,!Q„-,At1-.040.:010hooro:Itio0040signotes a manager to a location) and the agent change form (which assigns a new agent to active liquorDeportmentofLiquor.IC*514144'hOttoffiprete,;until valid Certificates of Completion for allrequired persons have been submitted to the 1,;:t,torallsi.414.V,Iten-imilmino!!!!',-..': 040$01400,5FEDOW1011, '' 1 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 140 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 141 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 142 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 143 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 144 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 145 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 146 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 147 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 148 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 149 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 150 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 151 of 219 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 152 of 219 f r,NTpF fATE ciF y POSTING F ° *go Job# Fl DLLC use only A * 441ioNP * L. ~SST.1959 Arizona Dept.of Liquor Licenses and Control 4gsZUN4 800 W. Washington St. 5'Floor Phoenix,AZ 85007 602)542-5141 Type or Print with Black Ink Date of Posting: 06 / 1 4 / 24 Date of Posting Removal: 7 / c / t 4 Applicant's Name: Contreras Jose Gabriel Last First Middle Business Address: 6671 N Thornydale Rd Tucson 85741 Street City Zip I hereby certify that pursuant to A.R.S. 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. JR Burns Housing Rehabilitation Specialist (520) 990-2496 Print Name of City/County Official Title Phone Number Signature Date igned Return this affidavit with your recommendations or any other related documents. If you have any questions please call(602)542-5141 and ask for the Licensing Division. 7/21/2022 Individuals requiring ADA accommodations please call(602)542-2999Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 153 of 219 7/21/2022 Individuals requiring ADA accommodations please call (602)542-2999 Arizona Dept. of Liquor Licenses and Control 800 W. Washington St. 5th Floor Phoenix, AZ 85007 (602) 542-5141 Type or Print with Black Ink City or Town of: Liquor License/Application #: (Circle one) (Arizona license/application #) County of: City/Town/County #: Licensed establishment that will be operating within an “entertainment district” as described in A.R.S. §4-207(D)(2), (Name of entertainment district) (Date of resolution to create the entertainment district) A boundary map of entertainment district must be attached. The at a meeting held (Governing body) (Regular or special) on the of , considered the application of (Day) (Month) (Year) (Name of applicant) for a license to sell spirituous liquor at the premises described in the application as provided by A.R.S §4 -201. ORDER OF APPROVAL/DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF (Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for . (Approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona 85007. Dated at _______________________ on ________________, _________________, __________. (Location) (Day) (Month) (Year) (Printed name of city, town or county clerk) (Signature of city, town or county clerk) Local Governing Body Recommendation A.R.S. § 4-201(C) Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 154 of 219 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 6 Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off-sale ("To Go") package sales of spirituous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off- sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off- sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off-sale ("To Go") package sales can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than the time of delivery. Series 9 Liquor Store Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 155 of 219 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (liquor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel/Motel This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 156 of 219      Council-Regular Meeting   A1        Meeting Date:08/06/2024   To:Mayor and Council From:Jane Fairall, Town Attorney Date:August 6, 2024 Strategic Plan Focus Area: Vibrant Community,  Proactive Public Services Subject:Resolution No. 2024-074: Relating to Development; approving and authorizing the Mayor to execute the First Amendment to Development Agreement for the Saguaro Bloom Development Project (Jane Fairall) Discussion: Background In July 2011, the Town, Marana 670, and Twin Peaks Development, Inc. entered into a “Development Agreement for the Saguaro Bloom Development Project,” recorded in the Pima County Recorder’s office on July 22, 2011, at Sequence 20112030004 (the “Original DA”). D.R. Horton, Inc. (the "Developer") is the successor in interest to Marana 670 and Twin Peaks Development, and is the master developer of Saguaro Bloom, located generally north of Twin Peaks Road, south of Lambert Lane, and west of Silverbell Road. The Original DA requires the Developer to prepare design plans and associated construction documents necessary for the reconstruction of Twin Peaks Road to its full four-lane arterial road cross-section from a point at the west boundary of Saguaro Bloom to the eastern intersection of Twin Peaks Road and Silverbell Road (the “Twin Peaks Design”); to construct Twin Peaks Road to one-half of its four-lane arterial road cross-section along the entire frontage of Saguaro Bloom from its west boundary to its east boundary; and to design, construct and install (or fund the cost of) a three-legged traffic signal at the intersection of Twin Peaks Road and Saguaro Peaks Boulevard. The Original DA also provides that the Developer and the Town may mutually choose to enter into a payment-in-lieu agreement for any or all of the Transportation Improvements the Developer is responsible for per the DA. Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 157 of 219 Payment-In-Lieu The Developer has completed the Twin Peaks Design, in consultation and cooperation with the Town. The Town has procured a contractor under the construction manager at risk (CMAR) procurement method for the construction of Twin Peaks Road and now desires to construct Twin Peaks Road along Saguaro Bloom’s boundary itself, with the Developer paying for its portion of the costs through the payment-in-lieu option from the Original DA. This proposed First Amendment to the DA sets forth the terms and conditions of the payment-in-lieu agreement and provides as follows: The Town will construct Twin Peaks Road and the Twin Peaks Road traffic signal and the Developer will pay for its portion of the costs, currently estimated to be $14,125,855.51, based on its obligations as set forth in the Original DA Within 60 days of the Effective Date of this First Amendment, the Developer shall either pay a cash deposit for one-half of the full amount due ($7,062,927.75); or deposit with the Town an irrevocable standby letter of credit in the full anticipated amount of the payment-in-lieu due for construction  If the Developer uses the cash deposit option, the Town will send the Developer written notice when the work is approximately 50% completed, and the Developer will then have 60 days to provide a second cash deposit for the remaining anticipated balance of the Developer's portion of the project If the Developer uses the letter of credit option, the Developer will pay monthly invoices provided by the Town for its portion of the construction costs Development Impact Fees Because the Twin Peaks Road project is included in the Town's Streets Facilities Infrastructure Improvements Plan (IIP) supporting development impact fees, per A.R.S. §9-463.05, the Developer is entitled to proportionate reimbursement of impact fees for the Twin Peaks Design, for previous dedication of right-of-way for the road, and for its payment-in-lieu for construction. The Developer has already paid over $6.5 million in streets impact fees for Saguaro Bloom. Thus, within 30 days of the Effective Date of this First Amendment, the Town will provide a $631,346 reimbursement to the Developer as credit toward the payment of the South Streets Facilities Development Impact Fee for costs associated with the already-completed Twin Peaks Design, and for the right-of-way the Developer dedicated for the road. If the Developer satisfies its payment-in-lieu obligations for construction of the road, the Developer will be entitled to further development impact fee reimbursements of $1,388,702.50 at 50% completion of the project, and another $1,388,702.50 upon completion of the project. Financial Impact: Fiscal Year:2025 Budgeted Y/N: Y Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 158 of 219 Amount:$42,997,556 Budget appropriation has been allocated at almost $43 million of expenditures for the Twin Peaks, Rattlesnake Pass Widening project in the FY 2024-2025 budget adopted by Council.  The total amount includes almost $6.25 million of impact fee appropriations to address both the terms of this agreement and project costs.   Staff Recommendation: Staff recommends approval of the Saguaro Bloom DA amendment. Suggested Motion: I move to adopt Resolution No. 2024-074, approving and authorizing the Mayor to execute the First Amendment to Development Agreement for the Saguaro Bloom Development Project. Attachments Resolution No. 2024-074 Exhibit A to Resolution Original DA Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 159 of 219 Resolution No. 2024-074 1 MARANA RESOLUTION NO. 2024-074 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE SAGUARO BLOOM DEVELOPMENT PROJECT WHEREAS D.R. Horton, Inc. (the “Developer”) is the current master developer of the Saguaro Bloom development project, located generally north of Twin Peaks Road, south of Lambert Lane, and west of Silverbell Road; and WHEREAS the Town and the Developer’s predecessors in interest entered into the Development Agreement for the Saguaro Bloom Development Project recorded in the office of the Pima County Recorder on July 22, 2011, at Sequence 20112030004 (the “Original DA”); and WHEREAS the Town and the Developer have negotiated an amendment to the Original DA to address changed circumstances related to the construction of transportation improvements; and WHEREAS the Mayor and Council find that entering into the First Amendment to the Development Agreement for the Saguaro Bloom Development Project is in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the First Amendment to the Development Agreement for the Saguaro Bloom Development Project between the Town of Marana and the Developer attached to and incorporated by this reference in this resolution as Exhibit A is hereby 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 its terms, obligations, and objectives. Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 160 of 219 Resolution No. 2024-074 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of August 2024. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 161 of 219 Exhibit A to Marana Resolution No. 2024-074 7/16/2024 1ST AMENDMENT TO SAGUARO BLOOM DEVELOPMENT AGREEMENT 1 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE SAGUARO BLOOM DEVELOPMENT PROJECT Town of Marana, Arizona THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE SAGUARO BLOOM DEVELOPMENT PROJECT (this “First Amendment”) is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the “Town”), D.R. HORTON, INC., a Delaware corporation (the “Developer”) and TITLE SECURITY AGENCY, LLC, a Delaware limited liability company, as trustee under Trust No. 201434-T, and not in its corporate capacity (the “Trust”). The Town, the Developer, and the Trust are sometimes collectively referred to as the “Parties,” each of which is sometimes individually referred to as a “Party.” RECITALS A. The Town, MARANA 670, and TWIN PEAKS DEVELOPMENT, INC. entered into a “DEVELOPMENT AGREEMENT FOR THE SAGUARO BLOOM DEVELOPMENT PROJECT,” recorded in the Pima County Recorder’s office on July 22, 2011, at Sequence 20112030004 (the “Original DA”). B. The Developer is the successor in interest to MARANA 670 HOLDINGS, LLC, an Arizona limited liability company (“MARANA 670”) and TWIN PEAKS DEVELOPMENT, INC., an Arizona corporation (“TWIN PEAKS DEVELOPMENT”). C. The development project commonly known as Saguaro Bloom and referred to in this First Amendment as “Saguaro Bloom” consists of the land area legally described on Exhibit A to the Original DA and depicted on the map attached to the Original DA as Exhibit B. D. The Developer is the master developer of Saguaro Bloom. E. Title to the lots and blocks in Saguaro Bloom still beneficially owned by the Developer is held by the Trust. F. This First Amendment amends the Original DA. G. Paragraph 2.4.1 of the Original DA requires the Developer to prepare design plans and associated construction documents necessary for the reconstruction of Twin Peaks Road to its full four-lane arterial road cross-section from a point at the west boundary of Saguaro Bloom to the eastern intersection of Twin Peaks Road and Silverbell Road (the “Twin Peaks Design”), and provides that the Town and the Developer will confer as to the most appropriate location within the design scope to transition the design from a fourlane designation to a two-lane designation, west of the intersection of Twin Peaks Road and Saguaro Highlands Drive. Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 162 of 219 Exhibit A to Marana Resolution No. 2024-074 7/16/2024 1ST AMENDMENT TO SAGUARO BLOOM DEVELOPMENT AGREEMENT 2 H. Paragraph 2.4.2 of the Original DA requires the Developer to construct Twin Peaks Road to one-half of its four-lane arterial road cross-section along the entire frontage of Saguaro Bloom from its west boundary to its east boundary. I. Paragraph 2.4.3 of the Original DA requires the Developer to design, construct and install (or fund the cost of) a three-legged traffic signal at the intersection of Twin Peaks Road and Saguaro Peaks Boulevard when it builds the Twin Peaks Road improvements. J. The final Twin Peaks Design has been completed and provides that the transition from a four-lane designation to a two-lane designation shall occur at the intersection of Twin Peaks Road and Saguaro Highlands Drive, so that Twin Peaks Road will be a two- lane road west of Saguaro Highlands Drive. K. Paragraph 3.4.4 of the Original DA provides that the Developer shall commence construction of its half-street improvements for Twin Peaks Road within 90 days after receipt of the Town’s written notice to the Developer to begin construction of the Twin Peaks Road improvements. L. Paragraph 3.4.4 of the Original DA also provides that the Town will give written notice to the Developer to begin construction of the Twin Peaks Road improvements at the earlier of: (1) the issuance of the 1,200th single-family residential building permit within Saguaro Bloom, or (2) within one year after the Town notifies the Developer in writing that Twin Peaks Road exceeds 12,000 Average Daily Trips based on a current traffic report. M. The Town has not issued written notice to the Developer to begin construction of the Twin Peaks Road improvements; however, the Town has issued more than 1,200 single-family residential building permits within Saguaro Bloom. N. The Developer has designed and constructed (1) Lambert Lane in accordance with paragraph 2.4.4 of the Original DA and (2) Airline Road in accordance with paragraph 2.4.5 of the Original DA, both of which have been accepted by the Town. O. Paragraph 2.4.6 of the Original DA provides that the Developer and the Town may mutually choose to enter into a payment-in-lieu agreement for any or all of the Transportation Improvements the Developer is responsible for pursuant to paragraph 2.4 of the Original DA. P. The Town has procured a contractor under the construction manager at risk (CMAR) procurement method for the construction of Twin Peaks Road and now desires to construct Twin Peaks Road along Saguaro Bloom’s boundary itself. Q. On September 20, 2022, the Town Council adopted the Town’s 2022 Streets Facilities Infrastructure Improvements Plan supporting development impact fees for streets facilities via adoption of Resolution No. 2022-100 (the “2022 Streets IIP”). The 2022 Streets IIP includes a project in the South Transportation Benefit Area (the benefit area Saguaro Bloom is located in) identified as Twin Peaks Road, four-lane collector from Saguaro Highlands Drive to Silverbell Road (the “Twin Peaks Road IIP Project”). Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 163 of 219 Exhibit A to Marana Resolution No. 2024-074 7/16/2024 1ST AMENDMENT TO SAGUARO BLOOM DEVELOPMENT AGREEMENT 3 R. The 2022 Streets IIP determined that $7,506,111.00 of the cost of the Twin Peaks Road IIP Project is attributable to new development and the subsequent revised South Streets Facilities Development Impact Fee for the South Transportation Benefit Area, adopted by Ordinance No. 2022.029 on December 20, 2022, was calculated using the amount of $7,506,111.00 for the Twin Peaks Road IIP Project. S. Paragraph 5.2 of the Original DA provides that based on the cost identified in the infrastructure improvements plan supporting a Town-adopted development impact fee, the Town shall provide a credit toward the payment of the Town-adopted development impact fee for the Developer’s or the Developer’s predecessor-in-interest’s dedication of public sites, and construction or installation of improvements and other necessary public services (or in-lieu payments) included in the Town’s infrastructure improvements plan supporting the Town-adopted development impact fee and for which a Town-adopted development impact fee is assessed. T. The Parties acknowledge and agree that this First Amendment is a “development agreement” within the meaning of, and entered into pursuant to, the terms of A.R.S. § 9500.05, in order to facilitate the development of Saguaro Bloom. U. The Parties desire to amend the Original DA to memorialize their agreement concerning the construction of Twin Peaks Road. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this First Amendment, the Parties hereby agree as follows: 1.Recitals. The Recitals set forth above are true and correct and are incorporated herein by this reference. 2.Town construction of Twin Peaks Road. In lieu of the Developer’s construction of Twin Peaks Road as required by paragraph 2.4.2 of the Original DA and the Twin Peaks Road traffic signal as required by paragraph 2.4.3 of the Original DA, the Town will construct Twin Peaks Road and the Twin Peaks Road traffic signal and the Developer will pay for its portion of the costs, based on its obligations as set forth in the Original DA, pursuant to the payment-in-lieu provision set forth in paragraph 2.4.6 of the Original DA, and as set forth in this paragraph. The Developer’s payment-in-lieu as described in this paragraph constitutes full satisfaction of the Developer’s obligations to design, construct and install Twin Peaks Road as required by paragraph 2.4.2 of the Original DA and the Twin Peaks Road traffic signal as required by paragraph 2.4.3 of the Original DA. a. The Town shall construct Twin Peaks Road using a construction-manager- at-risk form of procurement authorized by A.R.S. § 34603. The Town’s construction manager procured for the construction of Twin Peaks Road is referred to in this First Amendment as the “CMAR.” The Town has selected a contractor for CMAR for the Twin Peaks Road construction. The guaranteed maximum price (GMP) contract with the CMAR will include the following: “D. R. Horton, Inc. (“Developer”) is an intended third party beneficiary of this Contract and is entitled to the benefits of any Contractor, subcontractor, or supplier representations, warranties, guaranties, and indemnities, Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 164 of 219 Exhibit A to Marana Resolution No. 2024-074 7/16/2024 1ST AMENDMENT TO SAGUARO BLOOM DEVELOPMENT AGREEMENT 4 including, without limitation, the right to enforce all such provisions; and Developer and its affiliates and their directors, officers and employees shall be named as additional insureds on the commercial general liability and automobile liability insurance policies required under the Contract, and as additional insureds, Developer and its affiliates and their directors, officers and employees shall be provided coverage for any liability arising out of operations performed in whole or in part by or on behalf of the Contractor or any subcontractor, and Contractor shall deliver to Developer additional insured endorsement(s) along with the certificate(s) of insurance required under the Contract.” b. As part of the Town’s preconstruction services contract with the CMAR, the Town obtained from the CMAR a guaranteed maximum price (GMP) for the construction of Twin Peaks Road (the “Total GMP”). The Total GMP consists of the following two separate GMPs: i. A GMP for (1) construction of one-half of Twin Peaks Road’s four-lane arterial road cross-section from Saguaro Highlands Drive to a point 1,740 feet east of the eastern boundary of Saguaro Bloom, (2) reconstruction of the two-lane section of Twin Peaks Road from Saguaro Highlands Drive west to the western boundary of Saguaro Bloom as set forth in the Twin Peaks Design, and (3) construction of a three-legged traffic signal at the intersection of Twin Peaks Road and Saguaro Peaks Boulevard, excluding any costs associated with elements of construction required by the Town, Pima County, or any other governmental authority to protect or accommodate native species (the “Saguaro Bloom GMP”). ii. A GMP for construction of the remaining one-half of Twin Peaks Road’s four-lane arterial road cross section from Saguaro Highlands Drive to a point 1,740 feet east of the eastern boundary of Saguaro Bloom, as well as for the full four-lane arterial road cross section from a point 1,740 feet east of the eastern boundary of Saguaro Bloom to the eastern intersection of Twin Peaks Road and Silverbell Road (the “Town GMP”). 3.Developer’s payment-in-lieu a. The Developer has paid for its proportionate share of preconstruction services costs for the Saguaro Bloom GMP and will not be responsible for any additional preconstruction services costs. b. The Developer shall be responsible to pay all costs associated with the construction of the roadway segments and traffic signal to be constructed pursuant to the Saguaro Bloom GMP, currently anticipated to be $14,125,855.51. i. The Developer will not be responsible for any interest, damages, or other penalties caused by the Town’s actions or inactions with respect to the Saguaro Bloom GMP. ii. The Developer will be responsible for any interest, damages, or other penalties caused by the Developer’s actions or inactions with respect to the Saguaro Bloom GMP. Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 165 of 219 Exhibit A to Marana Resolution No. 2024-074 7/16/2024 1ST AMENDMENT TO SAGUARO BLOOM DEVELOPMENT AGREEMENT 5 c. The Town shall be responsible to pay all costs associated with the construction of the roadway segments to be constructed pursuant to the Town GMP, currently anticipated to be $20,873,120.87. d. The Total GMP, the Saguaro Bloom GMP, and the Town GMP shall only be adjusted for unforeseen conditions that could not have been anticipated and changes in the scope of the work. A change in scope is an owner-directed change in quality, size, or system. i. The Town shall not approve any adjustments to the Saguaro Bloom GMP with respect to unforeseen conditions that could not have been anticipated without the written consent of the Developer, which shall not be unreasonably withheld. ii. The Town shall not approve any adjustments to the Saguaro Bloom GMP with respect to changes in the scope of the work that increase the Saguaro Bloom GMP without the written consent of the Developer. For changes in the scope of work that are necessary to ensure the safety of the traveling public or that are an engineering requirement to properly construct the roadway or storm drainage system to Town standards, the Developer’s consent shall not be unreasonably withheld. For any other change in the scope of work, the Developer may give or withhold consent in the Developer’s sole discretion. iii. All GMP savings resulting from a lower actual project cost than anticipated by the CMAR will accrue to the Developer for savings associated with the Saguaro Bloom GMP and to the Town for savings associated with the Town GMP. e. As of the date of this First Amendment, the Developer has paid more than $6,500,000.00 in South Streets Facilities Development Impact Fees for Saguaro Bloom. Pursuant to A.R.S. §9-463.05 and paragraph 5.2 of the Original DA, the Developer is entitled to the following credits toward the South Streets Facilities Development Impact Fee: i. $383,846.29 for costs associated with the already-completed Twin Peaks Design; and ii. $247,500.00 for right-of-way dedicated for Twin Peaks Road; and iii. $2,777,405.00 for the Developer’s future payment-in-lieu for construction of Twin Peaks Road. f. Within 30 days of the Effective Date, the Town will pay the Developer $631,346.29 as credit toward the payment of the South Streets Facilities Development Impact Fee for costs associated with the already-completed Twin Peaks Design, and for right-of-way dedicated for Twin Peaks Road, as described in subparagraph 3(e), above. g. Within 60 days of the Effective Date, the Developer shall do one of the following: Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 166 of 219 Exhibit A to Marana Resolution No. 2024-074 7/16/2024 1ST AMENDMENT TO SAGUARO BLOOM DEVELOPMENT AGREEMENT 6 i. Pay to the Town $7,062,927.75, onehalf of the Developer’s payment-in-lieu due for the Saguaro Bloom GMP (the “First Cash Deposit”); or ii. Deposit with the Town an irrevocable standby letter of credit in the full anticipated amount of the payment-in-lieu due for the Saguaro Bloom GMP ($14,125,855.51), naming the Town as beneficiary from a bank or financial institution reasonably acceptable to the Town and in a form reasonably acceptable to the Town (the “Letter of Credit”). The following banks or financial institutions are approved by the Town: Bank of America, NA, JPMorgan Chase Bank, N.A., Wells Fargo Bank, National Association, KeyBank, N.A., Western Alliance Bank, U.S. Bank, National Association, or another financial institution that is a member of the New York Clearing House or a financial institution that is a commercial bank or trust company having a net worth (including affiliates) of at least One Billion and No/100 Dollars ($1,000,000,000.00). h. If the Developer pays the First Cash Deposit: i. The Developer shall pay the remaining one-half due, $7,062,927.75, within 60 days after the Developer’s receipt of written notice from the Town that the Saguaro Bloom GMP work is approximately 50% completed (collectively, the two cash deposits are referred to as the “Cash Deposits”). If the Developer pays the Cash Deposits, the Town will deposit the Cash Deposits in either a separate account within the Town’s General Fund or a separate book or ledger entry designation for the purpose of constructing Twin Peaks Road. ii. Without limiting the Developer’s reimbursement rights under A.R.S. §9463.05, if the Developer paid the First Cash Deposit and otherwise complies with Section 3(b)(ii) and Section 3(d)(ii) related to the required payment- in-lieu for construction of Twin Peaks Road, at the time that the Town provides to the Developer the notice described in subparagraph 3(h)(i) above (or thereafter if Developer cures any such non-performance), the Town will pay the Developer $1,388,702.50, one-half of the credit toward the South Streets Facilities Development Impact Fee for the Developer’s payment-in-lieu for construction of Twin Peaks Road. i. If the Developer delivers the Letter of Credit: i. The Town shall provide the Developer with monthly invoices for the Saguaro Bloom GMP, together with reasonable supporting information, such as payment applications and conditional lien waivers. The Developer will pay to the Town the amount due under each monthly invoice for the Saguaro Bloom GMP (not to exceed in the aggregate $14,125,855.51 plus or minus any adjustments for unforeseen conditions that could not have been anticipated and changes in the scope of the work, in each case that were approved by Developer as provided in subparagraph 3(d) above) within 30 days after receipt of the monthly invoice (the “Monthly Payments”). Any amounts unpaid after 30 days shall accrue simple interest at the rate of 10% per year until paid in full. Additionally, if the Developer Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 167 of 219 Exhibit A to Marana Resolution No. 2024-074 7/16/2024 1ST AMENDMENT TO SAGUARO BLOOM DEVELOPMENT AGREEMENT 7 fails to timely pay any monthly invoice and the failure continues for 15 days after written notice thereof from the Town to the Developer, the Town may draw upon the entire sum of the Letter of Credit and hold such monies as part of the Cash Deposits. ii. Without limiting the Developer’s reimbursement rights under A.R.S. §9463.05, if the Developer deposited the Letter of Credit and paid the Monthly Payments (or Town draws down the Letter of Credit to make the Monthly Payments), and Developer otherwise complies with Section 3(b)(ii) and Section 3(d)(ii) related to the required payment-in-lieu for construction of Twin Peaks Road, the Town will pay the Developer $1,388,702.50, one-half of the credit toward the South Streets Facilities Development Impact Fee for the Developer’s payment-in-lieu for construction of Twin Peaks Road when the Town determines that the Saguaro Bloom GMP work is approximately 50% completed (or thereafter if Developer cures any such non-performance). j. No later than 60 days after final completion of the Twin Peaks Road construction, including the Twin Peaks Road traffic signal, the Town shall provide to the Developer a final itemized statement of the actual construction costs and a check or invoice representing the difference between the actual Saguaro Bloom GMP construction costs and the Cash Deposits, or, if the Developer delivered the Letter of Credit and the actual Saguaro Bloom GMP construction costs were paid in full, the Town will notify the Letter of Credit issuer to terminate the Letter of Credit. If the Developer’s Cash Deposits or Monthly Payments (or the Town’s draws under the Letter of Credit, if applicable) were insufficient to cover the Developer’s obligations for the Saguaro Bloom GMP due to adjustments for unforeseen conditions that could not have been anticipated and changes in the scope of the work, in each case that were approved by Developer pursuant to subparagraph 3(d) above, the Developer shall pay the Town the balance of the Saguaro Bloom GMP construction costs as set forth in the invoice within 30 days after the itemized statement and invoice are provided to the Developer. Any amounts unpaid after 30 days shall accrue simple interest at the rate of 10% per year until paid in full. Upon the Developer’s payment of the balance of the Saguaro Bloom GMP construction costs as set forth in the invoice, the Town will notify the Letter of Credit issuer to terminate the Letter of Credit. k. Without limiting the Developer’s reimbursement rights under A.R.S. §9463.05, If the Developer paid the First Deposit and the Second Deposit or deposited the Letter of Credit and paid the Monthly Payments (or Town draws down the Letter of Credit to make the Monthly Payments), and Developer otherwise complies with Section 3(b)(ii) and Section 3(d)(ii) related to the required payment-in- lieu for construction of Twin Peaks Road, at the time the Town provides to the Developer the statement described in subparagraph 3(j) above (or thereafter if Developer cures any such non-performance), the Town will pay the Developer $1,388,702.50, the remaining one-half of the credit toward the South Streets Facilities Development Impact Fee for the Developer’s payment-in-lieu for construction of Twin Peaks Road. Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 168 of 219 Exhibit A to Marana Resolution No. 2024-074 7/16/2024 1ST AMENDMENT TO SAGUARO BLOOM DEVELOPMENT AGREEMENT 8 4.Saguaro Springs CFD. Town represents and warrants that construction of the Twin Peaks Road improvements and the Twin Peaks Road Traffic Signal improvements were procured in accordance with Title 34 of the Arizona Revised Statutes and the Town’s procurement code. The Developer’s costs associated with the construction of the roadway segments and traffic signal to be constructed pursuant to the Saguaro Bloom GMP, including, without limitation, the payment-in-lieu for the Twin Peaks Road improvements and the Twin Peaks Road Traffic Signal improvements will be eligible for reimbursement from Saguaro Springs CFD general obligation, special assessment, and revenue bond proceeds at the request of the Developer, subject to the limitations, terms and provisions of the CFD Development Agreement and all provisions of paragraph 4.9 of the Original DA. Town will cooperate with Developer and the Saguaro Springs CFD to provide all documentation, certificates, and other agreements and information requested by the Saguaro Springs CFD Engineer or the Saguaro Springs CFD to corroborate the costs and to comply with the CFD Development Agreement. 5.Conformance of the Original DA. The terms of the Original DA are modified to conform to this First Amendment, including without limitation, the following: a. Paragraph 2.4.2 of the Original DA, including its subparagraphs 2.4.2.1 through 2.4.2.3, is hereby deleted in its entirety and replaced with the following: Twin Peaks Road Construction. The Developer shall be responsible for all costs associated with the construction of Twin Peaks Road to one-half of its four-lane arterial road cross-section from Saguaro Highlands Drive to a point 1,740 feet east of the eastern boundary of Saguaro Bloom as set forth in the Twin Peaks Design. The Developer shall also be responsible for all costs associated with reconstruction of the two-lane section of Twin Peaks Road from Saguaro Highlands Drive west to the western boundary of Saguaro Bloom as set forth in the Twin Peaks Design. For purposes of this paragraph, “costs” include all grading, drainage, utility relocation, landscaping, irrigation, and road construction costs, but does not include (i) costs associated with elements of construction required by the Town, Pima County, or any other governmental authority to protect or accommodate native species, or (ii) costs to acquire rights-of-way and easements necessary to construct the Twin Peaks Road improvements. The Town shall indemnify and hold harmless the Developer from and against all construction claims and third- party claims resulting from the Town's failure to secure property rights needed for the construction. b. Paragraph 2.4.3 of the Original DA is deleted in its entirety and replaced with the following: Twin Peaks Road Traffic Signal. The Developer shall be responsible for all costs associated with the design, construction and installation of a three-legged traffic signal at the intersection of Twin Peaks Road and Saguaro Peaks Boulevard as a part of the Twin Peaks Road construction, excluding (i) any costs associated with elements of construction required by the Town, Pima County, or any other governmental authority to protect or accommodate native species, and (ii) any Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 169 of 219 Exhibit A to Marana Resolution No. 2024-074 7/16/2024 1ST AMENDMENT TO SAGUARO BLOOM DEVELOPMENT AGREEMENT 9 costs to acquire rights-of-way and easements necessary to construct the traffic signal improvements. The Town shall indemnify and hold harmless the Developer from and against all construction claims and third-party claims resulting from the Town's failure to secure property rights needed for the construction. c. Paragraph 3.4.4 of the Original DA is hereby deleted in its entirety. 6.Remainder of the Original DA unchanged. Except as revised in this First Amendment, the Original DA shall remain unchanged. 7.Term. This First Amendment shall become effective (the “Effective Date”) upon the date of recording. The term of this First Amendment shall begin on the Effective Date and shall terminate concurrently with the termination of the Original DA. 8.Recordation. After this First Amendment has been executed by the Parties, the Town shall, as concurrently as reasonably possible, record this First Amendment in the office of the Pima County Recorder. 9.Binding effect. This First Amendment shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 10.Cancellation for conflict of interest. This First Amendment is subject to A.R.S. § 38511, which provides for cancellation in certain instances involving conflict of interest. 11.Counterparts. This First Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 12.Good standing. The Developer represents and warrants to the Town that it is duly formed and validly existing and authorized to do business in the state of Arizona. The Town represents and warrants to the Developer that it is an Arizona municipal corporation with authority to enter into this First Amendment under applicable state laws. 13.Authority. Each Party represents and warrants that the individual executing this First Amendment on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. 14.Governing law. This First Amendment is entered into in Arizona and shall be construed and interpreted under the laws of the State of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. 15.Interpretation. This First Amendment has been negotiated by the Parties, and no Party shall be deemed to have drafted this First Amendment for purposes of construing any portion of this First Amendment for or against any Party. If there is a conflict between the terms and provisions of this First Amendment and the Original DA, the terms and provisions of this First Amendment will govern and prevail. Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 170 of 219 Exhibit A to Marana Resolution No. 2024-074 7/16/2024 1ST AMENDMENT TO SAGUARO BLOOM DEVELOPMENT AGREEMENT 10 [SIGNATURE PAGE FOLLOWS] Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 171 of 219 Exhibit A to Marana Resolution No. 2024-074 7/16/2024 1ST AMENDMENT TO SAGUARO BLOOM DEVELOPMENT AGREEMENT 11 IN WITNESS WHEREOF, the Parties have executed this First Amendment, effective as of the last date set forth below their respective signatures. The “Town”: TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney The “Developer”: D.R. HORTON, INC., a Delaware corporation By: Blake Davis, Vice President Date: The “Trust”: TITLE SECURITY AGENCY, LLC, a Delaware limited liability company, as trustee under Trust No. 201434-T, and not in its corporate capacity By: Ronda Tatro, Trust Officer Date: STATE OF ARIZONA ) ss County of Pima ) The foregoing instrument was acknowledged before me on__________________, 2024, by Blake Davis, the Vice President of D.R. HORTON, INC., a Delaware corporation, on behalf of the corporation. (Seal) Notary Public STATE OF ARIZONA ) ss County of Pima ) The foregoing instrument was acknowledged before me on__________________, 2024, by Ronda Tatro, the Trust Officer of TITLE SECURITY AGENCY, LLC, a Delaware limited liability company, as trustee under Trust No. 201434-T, and not in its corporate capacity. (Seal) Notary Public Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 172 of 219 F. ANN RODRIGUEZ, RECORDER 111111111111111111111111111111111111111111111111111111111111111111INRecordedBy: JCC of PI DEPUTY RECORDER 0 SEQUENCE:20112030004 305 Wmx NO. PAGES:47 SMARA 0 .t\AG 07/22/2011 TOWN OF MARANA 9 \9:10 TOWN CLERK MAIL 11555 W CIVIC CENTER DR BLDG A3 AMOUNT PAID:29.00 MARANA AZ 85653 WHEN RECORDED, RETURN TO: Town Clerk TOWN OF MARANA 11555 North Civic Center Drive Building A3 Marana, Arizona 85653 DEVELOPMENT AGREEMENT FOR THE SAGUARO BLOOM DEVELOPMENT PROJECT Town of Marana, Arizona Marana 670 Holdings, LLC 00025853.DOC / 7} AA Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 173 of 219 DEVELOPMENT AGREEMENT FOR THE SAGUARO BLOOM DEVELOPMENT PROJECT THIS DEVELOPMENT AGREEMENT (this "Development Agreement ") is made by and be- tween the TOWN OF MARANA, an Arizona municipal corporation (the "Town "), MARANA 670 HOLDINGS, LLC, an Arizona limited liability company (the "Owner "), and TWIN PEAKS DE- VELOPMENT, INC., an Arizona corporation ( "Twin Peaks Development "). The Town, the Owner, and Twin Peaks Development are sometimes collectively referred to as the "Parties," any one of which is sometimes individually referred to as a "Party." RECITALS A. The Owner is the current owner of the real property within the corporate limits of the Town, as legally described on Exhibit A and depicted on the map attached hereto as Exhibit B the "Property "), now known by the name "Saguaro Bloom" and formerly known as "Saguaro Springs" (the "Development" or "Project "). B. Portions of the Property have been subdivided into 541 residential lots (the "Lots "), and various improvements, including utilities, roads, sidewalks and curbs (the "Existing Improve- ments") have been installed to serve the Lots. There are substantial property damages to a num- ber of the Existing Improvements arising from the construction thereof, and the Owner expects to either remediate the damages or to bear the cost of causing such remediation to be completed in connection with a sale of the Lots. The Town will require remediation of property damages to any Existing Improvements that are public infrastructure improvements before they will be ac- cepted by the Town. The Owner is holding the remainder of the Property for investment pur- poses and does not have any present intent to develop the Property for its own account, but the Owner and all subsequent owners of the Property shall be bound by all terms and conditions of this Development Agreement applicable to the "Owner." C. The Owner has entered into an option agreement with Twin Peaks Development granting Twin Peaks Development an exclusive option to purchase, for the purpose of development and /or resale to builders, all or a portion of the Property, which option agreement is evidenced by that certain Memorandum of Option Agreement recorded in the Pima County Recorder's office at Sequence Number 2011199025 1. All entities that develop the Property, including the Owner and Twin Peaks Development if and to the extent the Owner or Twin Peaks Development de- cides to develop the Property, are referred to in this Agreement as the "Developer." D. The Project is the subject of a block subdivision plat titled "Saguaro Springs Blocks 1 thru 10 & A thru D and Lots 1 thru 9 & A and B," recorded in the Pima County Recorder's of- fice at Book 58 of Maps and Plats Page 23, and referred to in this Development Agreement as the "Saguaro Springs Block Plat." E. The Property includes all of the Saguaro Springs Block Plat except the following, which are collectively referred to in this Development Agreement as the "Excluded Property ": i) Block 10 as depicted on the Saguaro Springs Block Plat, and ii) That part of Block 8 as depicted on the Saguaro Springs Block Plat specifically de- scribed as Lots 17 through 45, 87 through 95, and 99 through 130 of Saguaro Springs Block 8A according to the subdivision recorded in the Pima County Recorder's office at Book 62 of Maps and Plats, Page 7. 00025853.DOC / 71 SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM I - Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 174 of 219 F. The Town and Best Associates II, LLC previously entered into that certain "Development Agreement" recorded in the Pima County Recorder's office on May 18, 1998 in Docket 10798 at Page 663 (the "Original Development Agreement ") regarding the Property and the Project. The Original Development Agreement was amended by a "First Amendment to Development Agreement" recorded in the Pima County Recorder's office on July 23, 1999 in Docket 11095 at Page 1615 (the "First Amendment to the Original Development Agreement "). The Original De- velopment Agreement, as amended by the First Amendment to the Original Development Agreement, was replaced in its entirety by that certain "Amended and Restated Development Agreement" recorded in the Pima County Recorder's office on April 12, 2004 in Docket 12278 at Page 3092, which was amended pursuant to that certain "First Amendment to Amended and Restated Development Agreement" recorded in the Pima County Recorder's office on December 12, 2005 in Docket 12698 at Page 3669 (collectively the "Prior Development Agreement "). G. The Property is the same as described in Exhibit A -1 to the Prior Development Agreement with the exception of the Excluded Property and the lands that have been dedicated to the public since the execution of and in furtherance of the Prior Development Agreement. H. The Parties desire to restate in its entirety the Prior Development Agreement and intend that this Development Agreement shall replace and supersede the Prior Development Agreement in its entirety with respect to the Property. I. The Parties desire to enter into this Development Agreement to establish, among other things, the types of land uses, locations, densities and intensities of such land uses, and commu- nity character of the Property, and to provide for, among other things, the development of a vari- ety of housing and recreation/open space opportunities, as such development may be modified by subsequent land use plans. J. The Parties desire that the Property be developed in accordance with the following (the Development Criteria "): i) The Marana Land Development Code (the "MDC ") ii) The zoning designations, stipulations, conditions and restrictions for the Property as detailed in the following (collectively the "Zoning Ordinances "): a) Town Ordinance No. 97.04, passed and adopted February 18, 1997 b) Town Ordinance No. 99.14, passed and adopted May 18, 1999 and recorded in the Pima County Recorder's office on June 11, 1999 in Docket 11066 at Page 501 c) Town Ordinance No. 2005.14, passed and adopted November 15, 2005 and re- corded in the Pima County Recorder's office on November 18, 2005 in Docket 12683 at Page 4068 K. The Parties acknowledge that this Development Agreement is intended to be consistent with the Development Criteria, and operates for the benefit of the Town, the Owner, the Devel- oper, and the general public. L. The Parties acknowledge and agree that this Development Agreement is a "development agreement" within the meaning of, and entered into pursuant to, the terms of A.R.S. § 9- 500.05, in order to facilitate the development of the Property by providing for, among other things, con- ditions, terms, restrictions, and requirements for the construction and installation of public infra- structure, as more particularly described in the Infrastructure Plan (as defined in Section 2.1 be- 00025853.DOC / 7}SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 2- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 175 of 219 low); the phasing over time of construction or development on the Property; and other matters related to the development of the Property. M. The Parties acknowledge that the development of the Property pursuant to this Develop- ment Agreement is consistent with the portions of the Town's General Plan applicable to the Property and will result in planning and economic benefits to the Town and its residents, by, among other things, (i) requiring development of the Property consistent with the Development Criteria, (ii) increasing revenues to the Town based on improvements to be constructed within the Property, and (iii) creating jobs through work to be performed in development of the Prop- erty. N. The Town acknowledges that the Owner and the Developer, in connection with the devel- opment of the Property, are relying upon the rights conferred upon the Owner and the Developer pursuant to this Development Agreement and the Prior Development Agreement, including without limitation the vested rights created by this Development Agreement. O. The Property is subject to a community facilities district (the "Saguaro Springs CFD ") formed under the authority of Arizona Revised Statutes Title 48 Article 6 (A.R.S. §§ 48 -701 through 48 -725) pursuant to: i) The "Notice of Formation of Saguaro Springs Community Facilities District" recorded in the Pima County Recorder's office on November 28, 2007 in Docket 13190 at Page 1244; ii) Town Resolution No. 2007 -152 "Ordering and Declaring Formation of Saguaro Springs Community Facilities District; Approving and Authorizing the Execution and Deliv- ery of a District Development, Financing Participation and Intergovernmental Agreement Saguaro Springs Community Facilities District)" recorded in the Pima County Recorder's office on November 28, 2007 in Docket 13190 at Page 1248; and iii) The "General Plan for the Proposed Saguaro Springs Community Facilities District" recorded in the Pima County Recorder's office on November 28, 2007 in Docket 13190 at Page 1277. P. The Owner, the Developer, the Town, and the Saguaro Springs CFD anticipate entering into a future "District Development, Financing Participation and Intergovernmental Agreement" governing the Saguaro Springs CFD's financing and acquisition of certain public infrastructure in or benefiting the Project. This future agreement is referred to in this Development Agreement as the "CFD Development Agreement." Q. The Owner's predecessor -in- interest has dedicated to the Town an approximately 29.26 acre park site (the "Park Site ") within the Project, consisting of Saguaro Springs Block Plat Block A (Retention /Detention Basin), encompassing approximately 22.59 acres (the "Basin "), and approximately 6.67 acres of the adjoining Saguaro Springs Block Plat Block 5. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Development Agreement, the Parties hereby agree as follows: Article 1. Development of the Property I.I. Development in Accordance with the Development Criteria The Property shall be de- veloped in accordance with the Zoning Ordinances, which (in conjunction with the MDC) set 00025853.DOC / 7}SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 3- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 176 of 219 forth the basic land uses, densities, and intensities of such land uses as presently authorized for the Property and the development regulations related to it. The Developer may (i) implement and proceed with development of the Property in a manner consistent with the Zoning Ordinances, and (ii) proceed through the legally required development process and request the customary ap- provals necessary to permit the Developer to implement the Zoning Ordinances. Upon compli- ance by the Developer with the development review and approval process as set forth in the MDC and other Town ordinances, rules, regulations, and state and federal laws, the Town agrees to approve or issue such permits, plans, specifications, and /or plats of or for the Property as may be requested by the Developer and which are consistent with the Zoning Ordinances and the MDC. The Development Criteria constitute a protected development right plan (as defined in A.R.S. § 9 -1201, paragraph 4). 1.2. Development Approvals The Town will cooperate with the Owner and the Developer in good faith with regard to any rezoning requests or other development approvals, so long as the total residential density within the Property does not exceed 2,509 units. 1.3. Zoning Conditions As a condition to the Developer's ability to develop the Project in accordance with the Development Criteria, the Developer shall fulfill all conditions to develop- ment in the Zoning Ordinances. The Property includes areas currently zoned R -6 Residential, R -36 Residential, Zone C Large Lot Zone, and Zone F Specific Plan (Saguaro Springs Specific Plan) under the MDC. The MDC zoning regulations applicable to these zones in effect as of the date of this Development Agreement are attached to and incorporated by this reference in this Development Agreement as Exhibit C (Current MDC R -6 Residential zoning regulations), Exhibit D (Current MDC R -36 Residential zoning regulations) Exhibit E (Current Zone C Large Lot Zone zoning regulations), and Exhibit F (Current Zone F Specific Plan (Saguaro Springs Specific Plan) zoning regulations). The Developer shall be permitted to develop the Property consistent with the less restrictive of the MDC zoning regulations for these zones in effect as of the date of this Development Agreement or the zoning regulations for these zones in effect at the time development occurs. 1.4. Amendments to Plans and Development Agreement The Parties agree to cooperate and in good faith pursue any amendments to this Development Agreement that are reasonably neces- sary to accomplish the intent and purposes of the Zoning Ordinances and to facilitate the devel- opment of the Property in light of any changes in development requirements. 1.5. Residential Design The Project shall adhere to the standards set forth in sec- tions 8.06.07, 8.06.08, 8.06.09, and 8.06.10 of the Town's residential design ordinance, Ordi- nance No. 2005.18 adopted September 19, 2005, and recorded in the Pima County Recorder's office on September 23, 2005 at Docket 12645, Page 413, with the following exceptions: 1.5.1. A total of 60% of the detached homes in the Project may have two stories. 1.5.2. All of the homes in the Project (single -story and two- story) shall consist of four - sided design as approved by the Planning Director. 1.6. Outside Consultants If the Town is unable to provide sufficient personnel (either in- house staff or outside consultants to the Town) to review plans and other materials ( "Submitted Materials ") within the time desired by the Developer, the Developer may agree in writing to pay the direct costs incurred by the Town to retain such consultants or other experts as the Town may reasonably deem necessary to review the Submitted Materials on behalf of the Town. Such con - 00025853.DOC / 7}SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 4- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 177 of 219 sultants or experts shall be mutually selected by the Town and the Developer from a list of Town - approved on -call consultants. The Developer acknowledges that the consultant's or ex- pert's recommendations will be subject to review and approval by Town Staff and that the Town shall not be bound by any of the consultant's or expert's recommendations unless adopted by the Town official having final approval rights on each of the Submitted Materials. The Developer shall indemnify and hold the Town harmless from any claims relating to any costs for consult- ants or experts that the Developer agrees in writing to pay. 1.7. School Site The Owner's predecessor -in- interest dedicated a school site to the Marana Unified School District ( "MUSD ") within the exterior boundary of the Project for the location of an elementary school. To the best of the Town's knowledge, the dedication of the school site ful- fills the Owner's and the Developer's obligations to MUSD regarding schools. The dedication of the school site fulfills the Owner's and the Developer's obligations to the Town regarding schools and the Town agrees that no additional payment or other compensation to MUSD is nec- essary to comply with the Town's requirements. 1.8. Acceptance of Improvements The Town Engineer shall schedule a Town Council agenda item for Town acceptance of public infrastructure improvements (or, if the Town's pro- cedures are revised such that the Town's acceptance of public infrastructure improvements no longer require Town Council approval, the Town shall accept public infrastructure improve- ments ) within 30 days after the Developer submits to the Town Engineer a completed public in- frastructure close -out package conforming to the requirements set forth in MDC section 06.06 or its successor provision). 1.9. Developer's Warranty The Developer shall warrant the materials and workmanship of all public infrastructure improvements for a period of thirteen months after the date of the Town Engineer's receipt of a complete close -out package (see Section 1.8 above). Article 2. Infrastructure Improvements 2.1. Infrastructure Plan The approved Infrastructure Plan for the Property consists of the in- frastructure improvements described in this Article. The Developer may implement and phase the infrastructure improvements to the Property in conformance with the Infrastructure Plan, the phasing described in Article 3 below, and all other requirements of this Development Agree- ment. 2.2. Construction of Infrastructure Improvements As a condition to the Developer's devel- opment of the Project, the Developer, at its sole cost, shall cause the items of public infrastruc- ture described in the Infrastructure Plan (the "Infrastructure Improvements ") to be constructed as approved by the Town with respect to development of all or any portion of the Property. The In- frastructure Improvements shall be constructed in accordance with the requirements for construc- tion of infrastructure improvements similar to the proposed construction. 2.3. Infrastructure Plan Amendment The Parties acknowledge that amendments to the Infra- structure Plan may be necessary from time to time to reflect changes in market conditions, de- velopment financing and /or to meet the new requirements of one or more of the potential users or builders of any part of the Property, or as more detailed information becomes available. If and when the Parties find that changes or adjustments are necessary or appropriate, the Parties agree to cooperate in good faith to effectuate such changes or adjustments through amendments to the Infrastructure Plan. Minor amendments shall require the approval of the Town Engineer and the t00025853.DOC / 7}SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 5- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 178 of 219 Town Manager, without prior notice or hearing to the public. Major amendments shall require the approval of the Town Council. 2.4. Transportation Improvements The Developer shall have the following responsibilities with respect to the transportation improvements described below (the "Transportation Improve- ments"), to be phased with the Subdivision Improvements and Infrastructure Improvements pur- suant to Article 3 below: 2.4.1. Twin Peaks Road Design In consultation with and under direction of Town Staff, the Developer shall prepare design plans and associated construction documents necessary for the reconstruction of Twin Peaks Road to its full four -lane arterial road cross - section Twin Peaks Design "), as determined by the Town in consultation with Pima County. The currently anticipated four -lane arterial road cross - section is shown on Exhibit G . The Twin Peaks Design shall run from a point at the west boundary of the Project to the eastern inter- section of Twin Peaks Road and Silverbell Road (the intersection where Safeway is currently located). The Town and the Developer will confer as to the most appropriate location within the design scope to transition the design from a four -lane designation to a two -lane designa- tion, west of the intersection of Twin Peaks Road and Saguaro Highlands Drive. Within the Twin Peaks Design area, the design of turn lanes and storage lengths on Twin Peaks Road and intersecting roadways shall be based on recommendations made in the Town - approved December 2004 Traffic Impact Analysis prepared for the Project, or any subsequent versions that may be provided by the Developer and accepted by the Town. 2.4.2. Twin Peaks Road Construction The Developer shall design and construct Twin Peaks Road to one -half of its four -lane arterial road cross - section along the entire frontage of the Project from its west boundary to its east boundary. 2.4.2.1. The scope of construction shall include the installation of westbound right - turn lanes and eastbound left -turn lanes at Twin Peaks Road's intersection with Saguaro Peaks Boulevard and Saguaro Highlands Drive. 2.4.2.2. The Developer and the Town may mutually elect to construct interim im- provements to provide a more functional condition prior to the completion of permanent Twin Peaks Road construction. 2.4.2.3. The Developer shall not be responsible for costs associated with elements of construction required by the Town, Pima County, or any other governmental authority to protect or accommodate native species. 2.4.3. Twin Peaks Road Traffic Signal The Developer shall design, construct and install or fund the cost of) a three- legged traffic signal at the intersection of Twin Peaks Road and Saguaro Peaks Boulevard when it builds the Twin Peaks Road improvements (see Sec- tion 3.4.4 below). 2.4.4. Lambert Lane The Developer shall design and construct Lambert Lane from Air- line Road to a point 4,900 feet east of Airline Road to the Town's standards for a two -lane rural collector, as shown on the cross - section set forth in Exhibit H , including: 2.4.4.1. Realignment of the curved segment of Lambert Lane located between 4,130 feet and 4,900 feet east of Airline Road; 100025853.DOC / 7}SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 6- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 179 of 219 2.4.4.2. Addition of westbound left -turn lanes at all of the Project's streets that inter- sect Lambert Lane; and 2.4.4.3. An eastbound right -turn lane at the intersection of Lambert Lane and Saguaro Peaks Boulevard. 2.4.5. Airline Road The Developer shall design and construct Airline Road from Avra Valley Road to Lambert Lane to the Town's standards for a two -lane rural collector, as shown on the cross - section set forth in Exhibit H , including a southbound left -turn lane at the Lambert Lane intersection. 2.4.6. Payment in Lieu The Developer and the Town may mutually choose to enter into a payment -in -lieu agreement for any or all of the Transportation Improvements. 2.5. Public Recreational Amenities The Developer shall construct approximately 42 acres of Public Recreational Amenities" within the area encompassed by the Saguaro Springs Block Plat, consisting of the Park (addressed in Section 2.6 below) and the Trails (addressed in Sec- tion 2.8 below). 2.6. The Park The Developer shall design and construct public park improvements and amenities as depicted on Exhibit I attached to this Development Agreement (the "Park") on the Park Site consistent with the less restrictive of the Town's Parks and Recreation Department Standard Specifications and Details for Park Development in effect as of the date of this Devel- opment Agreement or the Town's Parks and Recreation Department Standard Specifications and Details for Park Development in effect at the time development occurs, as follows: 2.6.1. The Parties will use their best efforts to enter into a "Park Master Planning Proc- ess" to address scope, amenities, budgeting, etc., of the Park, consistent with the following general principles: 2.6.1.1. The Developer shall not be required to contribute more than $2,500,000 to- ward the design and construction of the Park. This amount shall not include the value of the land dedicated for the Park. 2.6.1.2. Saguaro Springs Block Plat Block A (Retention /Detention Basin) (the `Ba- sin") will provide approximately 20 acres of usable space for ball field development and other recreational amenities. 2.6.1.3. The athletic fields within the Park site shall be lighted in a manner consistent with the Town of Marana Lighting Ordinance. 2.6.1.4. The Basin bottom shall have a width of approximately 340 feet with slopes constructed at a 4 to 1 ratio (horizontal to vertical). 2.6.1.5. The Basin floor shall have a minimum slope of one -half of one percent 0.005 %) and both the floor and slopes shall have a turf surface. 2.6.1.6. The approximately 6.67 acres of the adjoining Saguaro Springs Block Plat Block 5 may include parking, a ramada, restroom facilities, etc. 2.6.1.7. The Park Master Plan shall integrate the MUSD School Site and the portion of the Park located on Saguaro Springs Block Plat Block 5. 00025851DOC / 7}SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 7- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 180 of 219 2.6.1.8. The Park Master Plan shall integrate with development for future Park phases, if any. 2.6.1.9. Unless otherwise agreed to by the Town and the Developer, the Park shall be accessed directly from Saguaro Highlands Drive, with no direct access allowed from resi- dential lots by access gates or other means. 2.6.1.10. The size, dimensions, uses and other aspects of the Park may be modified by written memorandum signed by the Developer and the Town Manager. 2.6.2. Upon the conclusion of the Park Master Planning Process, the Developer shall submit landscape plans and improvements plans for the Park to the Town's Parks and Rec- reation Director for review and approval. 2.6.3. Upon completion of the Park (or Separately - Useable Portion) in accordance with the approved landscape plans and improvement plans, the Developer shall transfer ownership of all Park improvements (or the Separately- Useable Portion) to the Town by bill of sale or other documentation reasonably requested by the Town. 2.6.4. Sections 1.8 and 1.9 above shall apply with respect to the acceptance and warranty of the Park (or any Separately - Useable Portion). 2.6.5. The term "Separately- Useable Portion" shall refer to a phase or group of Park im- provements which the Town Parks and Recreation Director or Town Manager agrees in writ- ing are separately useable by and useful to the public without the completion of the remain- ing Park improvements. 2.6.6. Each homebuilder shall disclose in writing in its sales documents to residential home buyers within the Project that the athletic fields within the Park will be lighted. The disclosure may be included in the subdivision public report provided to home buyers as re- quired by the Arizona Department of Real Estate. This notice obligation does not apply to re- sales by residential homeowners within the Project. 2.6.7. The final subdivision plats for Saguaro Springs Block Plat Blocks 2A, 4, 5 and 6 shall include a general note disclosing that the athletic fields within the Park will be lighted. 2.7. Drainage and Retention Areas The Owner and its predecessors -in- interest have dedi- cated to the Town and have substantially completed construction of the drainage and retention areas depicted on the Saguaro Springs Block Plat as Block A, Block B, Block C, and Block D, consisting of about 75.75 acres of land (the "Drainage and Retention Areas "). Saguaro Springs Block Plat Block A, encompassing approximately 22.59 acres (the "Basin "), is part of the Park Site. The Drainage and Retention Areas shall provide open space to enhance the appearance of the Project. 2.8. The Trails The Developer shall construct public trails (the "Trails ") within the Drainage and Retention Areas in accordance with the following: 2.8.1. The Developer shall be given credit for 45 square feet of Public Recreational Amenities (see Section 2.5 above) for every linear foot of Trails constructed within the Drainage and Retention Areas. 2.8.2. Except as otherwise modified by written memorandum signed by the Developer and the Town Manager, primary Trails constructed within or adjacent to the Drainage and 00025853.DOC / 71 SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 8- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 181 of 219 Retention Areas shall be predominantly ten feet wide and shall be paved, and secondary Trails shall be less than ten feet wide and may be "soft trails" such as stabilized decomposed granite or equivalent materials. 2.8.3. All Trails shall incorporate adjoining landscaping but are not required to be fully improved "greenways." 2.8.4. Upon completion of the Trails, the Owner shall transfer ownership of all Trails im- provements within the Drainage and Retention Areas to the Town by bill of sale or other documentation reasonably requested by the Town. 2.8.5. The Developer, the Saguaro Springs CFD, or any property owners association des- ignated by the Developer shall be responsible for maintaining the Trails within the Drainage and Retention Areas so long as a valid landscaping license agreement remains in effect be- tween the Town and such entity. 2.9. Median Landscapes As a condition to the Developer's development of the Project, the Developer shall construct and install median landscaping within the Project in accordance with the Town's then applicable standards. Landscaping will be designed for low maintenance, em- ploying native materials installed in a natural manner as opposed to more formal plantings that require a higher level of maintenance. Landscaping installed within rights -of -way adjoining and within the Project will be maintained by a property owners association or similar entity so long as a valid landscaping license agreement remains in effect between the Town and such entity. 2.10. ASLD Drainage Channel Improvements The Owner's predecessor -in- interest, the Ari- zona State Land Department (the "ASLD "), and the Town are parties to that certain Drainage Channel Agreement dated September 2006 filed in ASLD File No. 56- 111572 (the "Drainage Channel Agreement "), which provides that the developer will construct an off -site drainage out - fall channel and associated improvements on the ASLD land immediately west of the Property the "ASLD Drainage Channel Improvements "). The ASLD Drainage Channel Improvements are part of the Incomplete Infrastructure Improvements (see Section 2.11 below). The Town submitted to the ASLD an application for a ten -year right -of -way for drainage purposes. The Owner's predecessor -in- interest did not complete the ASLD Drainage Channel Improvements to the Town's satisfaction and, therefore, the ASLD never issued the right -of -way as provided by the Drainage Channel Agreement. The Owner, the Developer, and the Town shall promptly con- fer in good faith to determine a cost - effective and quality solution for completion of the ASLD Drainage Channel Improvements in accordance with Section 2.11 below and, thereafter, the Owner and /or the Developer will make application to ASLD for a right of entry, or such other instrument as ASLD may require, to complete the ASLD Drainage Channel Improvements. Fol- lowing consultation with the ASLD, the Owner and /or the Developer, on behalf of the Town, will make a renewed right -of -way application with the ASLD for a drainage easement of ten or more years in the location of the ASLD Drainage Channel Improvements. The Owner and /or the Developer will pay all of the actual out -of- pocket costs and expenses incurred by the Town in connection with the acquisition of the right -of -way easement for drainage purposes, including, without limitation, application fees, surveying fees, engineering fees, inspection fees, and right - of -way acquisition costs, not otherwise paid to ASLD or bonded by the Owner's predecessor -in- interest. In connection with the right -of -way application, the Town will cooperate with the Owner, the Developer and ASLD to grant to ASLD development rights for the benefit of the re- 00025853.DOC / 7}SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 9- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 182 of 219 mainder of the ASLD land that are consistent with its improved development potential resulting from the ASLD Drainage Channel Improvements. 2.11. Incomplete Infrastructure Improvements The Parties acknowledge that various Infra- structure Improvements and subdivision improvements were partially constructed by the Owner's predecessors -in- interest, or were not constructed by the Owner's predecessors-in - interest in accordance with the Town's approved plans and specifications. These improvements include Saguaro Peaks Boulevard and associated improvements, Saguaro Highlands Drive and associated improvements, public infrastructure improvements within Saguaro Springs Block Plat Blocks 8A, 8B and 4, an on -site system of drainage channels and associated improvements, the ASLD Drainage Channel Improvements and associated improvements, a water distribution sys- tem including in- ground infrastructure and well site, pump station and storage tank, and a wastewater collection system including in- ground infrastructure, lift station and force main (the Incomplete Infrastructure Improvements "). As a condition to the Developer's development of the Project, the Developer shall complete or replace the Incomplete Infrastructure Improvements to the reasonable satisfaction of the Town based on industry standards for engineering, design, construction and utility of such classes of infrastructure improvements and the Town shall accept the applicable components of the Incomplete Infrastructure Improvements as public infrastruc- ture and provide final approval and release of assurances for the applicable Incomplete Infra- structure Improvements. The Town and the Developer agree to confer in good faith toward cost - effective and quality solutions for completion or replacement of the Incomplete Infrastructure Improvements. The Developer may contract with outside consultants and /or conduct materials testing in an effort to best understand the current conditions and to identify the most cost - effective solutions for completion and /or remediation of the Incomplete Infrastructure Improve- ments. The Town agrees to consider and assess in good faith any such viable solutions so long as the solutions result in completed improvements that meet Town standards for acceptance, main- tenance, performance and operation. Article 3. Project Phasing. 3.1. Initial Phase The first phase of the Project was originally intended to include 611 resi- dential lots and associated improvements within Saguaro Springs Block Plat Blocks 8A, 813, and 4. Phase IA of the Project will now encompass Block 8B only. The Lots within Blocks 8A and 4 will comprise Phase IB of the Project, either separately in either order or together. Phases IA and 1B (the combination of Blocks 8A, 813, and 4) contain 611 total residential lots. 3.2. Phase IA - Block 8B . The following items shall be completed prior to the Town releas- ing the Developer from its subdivision assurances, including any partial subdivision assurance releases: 3.2.1. The completion of the Incomplete Infrastructure Improvements located within or directly benefiting Block 8B. 3.2.2. The completion of Saguaro Peaks Boulevard from Twin Peaks Road to Hidden Sa- guaro Trail. 3.2.3. The completion of Hidden Saguaro Trail from Saguaro Peaks Boulevard to its ter- minus at the drainage channel at the northeast corner of Block 8B. 3.2.4. Application of a slurry seal coating or some other form of roadway topping accept- able to the Town over all of Saguaro Highlands Drive, from Saguaro Peaks Boulevard to 00025853.DOC / 71 SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 10- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 183 of 219 Twin Peaks Road, and Saguaro Peaks Boulevard from Hidden Saguaro Trail to Saguaro Highlands Drive. 3.2.5. The completion of the Project's water Infrastructure Improvements in accordance with the separate water service agreement. 3.2.6. The completion of the Project's wastewater Infrastructure Improvements in accor- dance with the separate sewer service agreement. 3.2.7. The substantial completion of functional Project on -site drainage Infrastructure Improvements, excluding non - drainage infrastructure located in the Drainage and Retention Areas (such as landscaping, Trails, the Park, open space, etc.). 3.2.8. The completion of the ASLD Drainage Channel Improvements. 3.3. Phase 1B - Block 4 and /or 8A . The Developer intends to develop residential lots in Block 8A and /or Block 4 sequentially in either order or together as the market dictates as Phase 1B of the Project. The following items shall be completed prior to the Town releasing the owner from its subdivision assurances within Block 8A or Block 4, including any partial subdivision assurance releases. 3.3.1. The construction of the applicable subdivision improvements. With respect to con- struction of the subdivision improvements, each Block in Phase 1B will be considered inde- pendently of one another. 3.3.2. The construction of Saguaro Highlands Drive, from Saguaro Peaks Boulevard to Twin Peaks Road. 3.3.3. The construction of Saguaro Peaks Boulevard from Hidden Saguaro Trail to Sa- guaro Highlands Drive. 3.4. Future Phasing The phasing of future development of the Project will be determined in the future as the market dictates. However, the following items will be phased as follows: 3.4.1. Saguaro Peaks Boulevard Construction of the unfinished portion of Saguaro Peaks Boulevard, from Saguaro Highlands Drive to Lambert Lane will be completed prior to the is- suance of a permit (other than a model home permit) in any Block other than Blocks 8A, 8B, and 4, i.e., prior to the Town's issuance of the 612 single - family residential building permit within the Project). 3.4.2. Lambert Lane East The Developer will commence construction of the east phase of Lambert Lane from the intersection of Lambert Lane and Saguaro Peaks Boulevard east to a termination point 4,900 feet east of Airline Road prior to the issuance of the 800 single - family residential building permit within the Project. 3.4.3. Public Park The Developer will commence construction of the Park improvements prior to the issuance of the 1,000' single - family residential building permit within the Pro- ject. 3.4.4. Twin Peaks Road The Developer shall not be required to commence construction of its half - street improvements for Twin Peaks Road until after the third anniversary of the date this Development Agreement is recorded. Thereafter, the Developer shall commence construction within 90 days after receipt of the Town's written notice to the Developer to be- gin construction of the Twin Peaks Road improvements. The Town's written notice to begin 00025853.DOC / 7}SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 11 - Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 184 of 219 construction includes an implied Town representation that the Town has secured all neces- sary right -of -way and easements necessary to construct the improvements in accordance with the approved plans and specifications. The Town shall indemnify and hold harmless the Owner and the Developer from and against all construction claims and third -party claims re- sulting from the Town's failure to secure property rights needed for the construction. The Town will give written notice to the Developer to begin construction of the Twin Peaks Road improvements at the earlier of: 3.4.4.1. the issuance of the 1,200 single- family residential building permit within the Project, or 3.4.4.2. within one year after the Town notifies the Developer in writing that Twin Peaks Road exceeds 12,000 Average Daily Trips based on a current traffic report. 3.4.5. Lambert Lane West /Airline Road The Developer will complete construction of Lambert Lane West /Airline Road at the earlier o£ (i) the issuance of the 1,500 single- family residential building permit within the Project, or (ii) prior to the issuance of the first single - family residential building permit (other than a model home permit) in Block 1 of the Project. Article 4. Other Matters Relating to Improvements. 4.1. Road Permits and Right -of -Way Acquisition All rights -of -way necessary from property within the Project owned by the Owner for the construction of the Transportation Improvements shall be or have been provided at no cost to the Town. The Town shall acquire all other rights -of- way and all permits necessary for the construction of the Transportation Improvements. 4.2. Water Improvements The Town and the Owner's predecessor -in- interest entered into that certain Development Agreement for Construction of Water Facilities and Provision of Water Utility Service dated February 12, 2001, and recorded in Docket 11742 at Page 2771, Official Records of Pima County, Arizona, as amended (the "Water Service Agreement "). In connection with its obligations under the Water Service Agreement, the Owner's predecessor -in- interest constructed an eight inch water main from the north boundary of the Project through the right -of- way for Silverbell Road to the Town's existing La Puerta del Norte water main, in accordance with plan set PRV -99 -055 approved by the Town's Water Department (the "Water Main Im- provements"). The construction and installation of the Water Main Improvements satisfies the Developer's obligation to complete all onsite and offsite water utilities infrastructure required by agreements for installation of subdivision water utilities infrastructure for the subdivisions that constitute the Project. The Parties agree to confer in good faith to amend the Water Service Agreement or enter into a new agreement that will supersede the Water Service Agreement to reflect the current status and planning of the Project. 4.3. Wastewater Improvements As of the date of this Agreement, the Town plans to provide wastewater service to the Project, but does not have all of the necessary governmental permits, licenses and approvals to do so. Until the Town has all of the necessary governmental permits, licenses and approvals, the Town understands and agrees that the Developer must obtain waste- water services for the Project from Pima County. The Town acknowledges that wastewater infra- structure necessary for the Project to be served by Pima County has already been installed and substantially completed. If the Town becomes the wastewater utility service provider for the Pro- ject, the Town will not require the Owner or the Developer to pay for, or construct or install, any wastewater infrastructure improvements that are needed to transition wastewater utility service 00025853.DOC / 71 SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 12- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 185 of 219 for the Project from Pima County to the Town. If it is unclear whether Pima County or the Town is the wastewater utility service provider for the Project when the Developer requests wastewater service, the Developer may obtain wastewater services from the entity that the Developer deter- mines to be most beneficial to the Project. If the Developer enters into a wastewater services agreement with Pima County and the Town later becomes the sewer service provider for the Pro- ject, the Town will assume the obligations of Pima County under any wastewater services agreement between the Owner or the Developer and Pima County and the Town will not require the Owner or the Developer to pay for, or construct or install, any wastewater infrastructure im- provements other than those wastewater infrastructure improvements required under the waste- water services agreement between the Owner or the Developer and Pima County and will not require any modifications, betterments or changes to any wastewater infrastructure improve- ments constructed and installed by the Developer that met Pima County's standards and re- quirements at the time of construction or were accepted by Pima County. 4.4. Right of Entry for Park and Trails Construction The Town hereby grants the Developer a right of entry to enter upon the Park Site and the Drainage and Retention Areas for the pur- poses of constructing the Park and the Trails; provided, however, that the Developer shall obtain all necessary permits and shall comply with the following during the construction of the Park and the Trails: 4.4.1. The Developer shall defend, indemnify and hold harmless the Town, its officers, agents, and employees from and against any and all bodily injury, death or property damage arising out of the Developer's negligent acts or omissions in connection with the Developer's or its contractors' entry onto the Park Site and the Drainage and Retention Areas during the construction of the Park and the Trails. 4.4.2. The Developer (or the applicable property owners' association) shall obtain liabil- ity insurance covering the Park Site and the Drainage and Retention Areas in minimum amounts of $1,000,000.00 general liability per occurrence with a minimum $2,000,000.00 general aggregate limit per occurrence. This insurance shall remain in force until the Town formally accepts the Park and the Trails. The Town shall be named as an "additional insured" under the liability insurance policy and shall be given at least 30 calendar days' written no- tice prior to cancellation. Before the Developer begins any work on the Park Site or the Drainage and Retention Areas, one or more certificates of insurance evidencing coverage as described in this paragraph shall be filed with the Town, care of the Marana Legal Depart- ment, Real Property Services Division, 11555 West Civic Center Drive Bldg A3, Marana, Arizona 85653 -7006. The Developer shall also file all certificates of insurance each time the policy is updated or extended. 4.4.3. The Developer (or the applicable property owners' association) shall be responsi- ble to provide security for the Park and the Trails during construction. 4.5. Access for Construction of Improvements The Developer, its agents and employees, shall have the right to enter and remain upon and cross over any Town easements or rights -of- way to the extent reasonably necessary to facilitate construction, or to perform necessary mainte- nance or repairs of Infrastructure Improvements subject to the terms and conditions in Chapter 12 -7 ( "Construction in town rights -of- way ") of the Marana Town Code (or the applicable provi- sions of the Marana Town Code in effect at the time development occurs if less restrictive) and upon obtaining all necessary permits. 00025853.DOC / 71 SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 13 - Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 186 of 219 4.6. Right -of -Way Abandonment The Town shall abandon any unnecessary public rights -of- way or easements currently located on the Property, as necessary to implement the Infrastructure Plan, in conformance with applicable Arizona law and Town ordinances, resolutions and rules in effect at the time of abandonment. 4.7. Right -of -Way Acquisition The Town shall cooperate reasonably with the Owner and the Developer and assist the Owner and the Developer to acquire any public rights -of -way or public easements needed to implement the Infrastructure Plan, in a manner consistent with the follow- ing: 4.7.1. The Owner or the Developer shall use commercially reasonable efforts to acquire any and all property rights needed for the utilities and other Infrastructure Improvements serving the Property, including, without limitation, any easements under and across North Quarry Road. 4.7.2. If the Owner or the Developer is unable to obtain any necessary property rights on commercially reasonable terms and conditions, the Owner or the Developer may notify the Town in writing requesting the Town to exercise its power of eminent domain to acquire the necessary property rights. 4.7.3. Upon receiving notice from the Owner or the Developer, the Town shall obtain and provide to the Owner or the Developer a cost estimate for completing the appraisal, any nec- essary land surveying or legal description preparation, and title work (litigation guarantee) for the acquisition. 4.7.4. Upon the Owner or the Developer's deposit with the Town of funds sufficient to cover the costs set forth in Subsection 4.7.3 above, the Town shall promptly initiate the ap- praisal of the property rights. 4.7.5. Once the appraisal is obtained, if the Owner or the Developer elects to have the Town proceed with the eminent domain proceeding, the Owner or the Developer shall de- posit with the Town an amount equal to the appraised value of the property rights and the Town's reasonable estimate of the actual out -of- pocket attorneys' fees and costs to prosecute the eminent domain proceedings. If the Town uses its in -house counsel to prosecute the emi- nent domain proceedings, "actual out -of- pocket attorneys' fees" shall be calculated at $100 per hour of attorney time and $40 per hour of paralegal time. If the Town is unable to use its in -house counsel to prosecute the eminent domain proceedings, the Town will use the proce- dure set forth in Section 1.6 above to select outside counsel. 4.7.6. Upon the Owner or the Developer's deposit with the Town of funds sufficient to cover the costs set forth in Subsection 4.7.5 above, the Town shall promptly make the offer required under A.R.S. § 12- 1116(A), and if the offer is not timely accepted, file a condemna- tion lawsuit in Pima County Superior Court to obtain the necessary property rights. 4.7.7. If the Town exercises its power of eminent domain pursuant to this Section 4.7 at the request of the Owner or the Developer, the Owner or the Developer shall pay all reason- able costs of expenses of such condemnation action, including, without limitation, the con- demnation award, costs of litigation (including without limitation expert witness fees), and reasonable attorneys' fees. 4.7.8. If the Town settles an eminent domain lawsuit brought pursuant to this Section 4.7, the Owner or the Developer shall pay the settlement costs, provided that those costs do not 00025853.DOC / 7}SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 14- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 187 of 219 exceed the higher of (a) 120% of the appraised value of the condemnation parcel or (b) an amount approved by the Owner or the Developer. 4.7.9. The Town will not withhold building permits or final inspections (certificates of occupancy), or prohibit the sale, of homes while property rights are being acquired in a man- ner consistent with this Section 4.7 and so long as the homes have continuous, safe and legal vehicular access and continuously available water, sewer, and electric utility service. 4.8. Joint Town Eminent Domain Action The Town, in its sole and absolute discretion, may choose to acquire property rights beyond those the Owner or the Developer has requested pursu- ant to Section 4.7 above. If it does so, the Town shall be responsible for all costs and expenses related to that eminent domain action, including, without limitation, any final judgment or set- tlement amount. If the Town prosecutes an eminent domain action for these additional property rights against the same private property owner whose rights are being acquired pursuant to Sec- tion 4.7 above, the Town may acquire all of the needed property rights in a joint prosecution of the eminent domain actions, and the Parties shall share the joint costs on an equitable basis as determined by the Owner or the Developer and the Town. 4.9. Sa uaro Springs CFD The Saguaro Springs CFD was created to finance the construction and/or acquisition of certain "public infrastructure" (as that term is defined in A.R.S. § 48 -701) benefiting the Project. 4.9.1. The policies and financial terms and Owner and Developer security obligations for the Saguaro Springs CFD shall be similar to and consistent with the District Development, Financing Participation and Intergovernmental Agreement approved by the Saguaro Springs CFD Board of Directors on September 4, 2007, with such modifications as the Parties mutu- ally approve. 4.9.2. The CFD Development Agreement and the formation documents referenced in Re- cital O above shall govern all matters relating to the Saguaro Springs CFD. 4.9.3. The Town understands and acknowledges that the Owner acquired the Project through foreclosure and does not have books and records from the prior owners of the Prop- erty pertaining to public bidding. To the extent not prohibited by applicable law, the Parties will include in the CFD Development Agreement provisions to allow public infrastructure appraisal or other evidence of the value of the public infrastructure improvements for pur- poses of reimbursing the Developer for public infrastructure costs of the Project. Alterna- tively, to the extent not prohibited by applicable law, the Saguaro Springs CFD shall acquire the real property interest containing the eligible public infrastructure at the fair market value of the real property interest as improved, including the eligible public infrastructure. 4.9.4. Costs of all public infrastructure improvements constructed or to be constructed for the Project by the Developer or its predecessors -in- interest will be eligible for reimbursement from Saguaro Springs CFD general obligation, special assessment, and revenue bond pro- ceeds at the request of the Developer, subject to the limitations, terms and provisions of the CFD Development Agreement. 4.9.5. For purposes of Saguaro Springs CFD reimbursement eligibility, costs of public in- frastructure improvements may include, without limitation, costs of engineering, permits, fees, surveying, staking, studies, roadway, sidewalk, street lights, traffic signalization, street signage, street lights, water, sewer, storm drainage, drainage and other related expenditures, 00025853.DOC / 7}SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 15- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 188 of 219 public right -of -way acquisition costs (including, without limitation, attorneys' fees and con- demnation awards or settlement amounts incurred by the Owner or the Developer pursuant to Section 4.7 above), and payments in lieu of these costs, as set forth in and subject to the limi- tations, terms and provisions of the CFD Development Agreement. 4.9.6. Any public infrastructure improvements that are to be constructed, installed, ac- quired or funded by the Developer may be constructed, installed or funded directly by the CFD, or the CFD may acquire the public infrastructure improvements that are constructed, installed, acquired, or funded by the Developer and reimburse the Developer for the cost thereof, subject to the limitations, terms and provisions of the CFD Development Agreement. 4.10. Reimbursement from Others If real property that benefits from the Infrastructure Im- provements (`Benefited Parcel ") is the subject of a rezoning application or other request for gov- ernmental approval involving the exercise of the Town's legislative discretion, the Town shall consider imposing a stipulation or condition requiring the Benefited Parcel to reimburse the De- veloper for the Benefited Parcel's proportionate share of the actual cost incurred by the Devel- oper (and not paid or reimbursed by the Town) in connection with the construction of the Infra- structure Improvements being utilized by the Benefited Parcel. Article 5. The Rights of the Owner and the Developer Regarding Future Town Actions 5.1. Protected Development Rights The protected development rights (as defined in A.R.S. 9 -1201 paragraph 3) granted pursuant to this Development Agreement and the Development Criteria shall remain in effect and shall not be changed without the agreement of the Owner and the Developer for the term of this Development Agreement. 5.2. Development Impact Fee Credits Based on the cost identified in the infrastructure im- provements plan supporting a Town - adopted development impact fee, the Town shall provide a credit toward the payment of the Town - adopted development impact fee for the Owner or the Owner's predecessor -in- interest's dedication of public sites, and construction or installation of improvements and other necessary public services (or in -lieu payments) included in the Town infrastructure improvements plan supporting the Town - adopted development impact fee and for which a Town - adopted development impact fee is assessed. For purposes of this paragraph, pub- lic sites, improvements and other necessary public services includes any public improvements or publicly dedicated lands addressed in this Development Agreement and any other public im- provements of the type constructed by the Developer or public land dedicated, and any in -lieu payments made, by the Owner or the Developer for which the Town has adopted a development impact fee. Credits shall be provided as required by A.R.S. § 9- 463.05, as it may be amended. The Developer is not required to comply with the statutory public procurement procedures in or- der to receive development impact fee credits. At the Developer's option, no portion of the de- velopment impact fee credits applicable to the Park (see Section 2.6, including the publicly dedi- cated lands for the Park) shall be allocated to Saguaro Springs Block Plat Block 1 (or designated portions of Block 1). 5.3. No Moratorium To allow the Developer to have a predictable source of funds to amor- tize the cost of the Infrastructure Improvements, the Town shall not impose a moratorium against any development on the Property that is consistent with the Development Criteria or this Devel- opment Agreement. This prohibition includes any restriction, condition or any other method that will delay or limit the rate, timing or sequencing of the planning, development, construction, use or disposition of any part of the Property. This prohibition shall not apply to the extent that a 00025853.DOC / 7}SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 16- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 189 of 219 limitation may be necessary for the Town (a) to comply with the minimum mandatory require- ments of state or federal laws and regulations that the Town is legally required to adopt and en- force to the extent that this Development Agreement cannot be amended to allow compliance with the minimum requirements of such state or federal laws or regulations; (b) to alleviate le- gitimate severe threats to public health and safety of the citizens of the Town not related to the Infrastructure Improvements; or (c) to enforce floodplain restrictions before a letter of map revi- sion (revising a flood insurance rate map) becomes effective. Any such limitations shall not be arbitrary, and it shall be the most minimal and least intrusive possible. 5.4. Vested Rights Nothing in this Development Agreement shall preclude the Owner or the Developer from claiming that the Developer has vested rights to complete the development of the Project in accordance with currently- applicable regulations based on the significant invest- ment and improvements made on the Property by the Owner and its predecessors in interest. These claimed vested rights include, but are not limited to, the uses and the range of densities and intensities of uses provided in the Development Criteria. Article 6. Cooperation and Alternative Dispute Resolution. 6.1. Appointment of Representatives To further the commitment of the Parties to cooperate in the implementation of the Zoning Ordinances and this Development Agreement, the Parties each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Owner and the Developer. The initial representative for the Town the "Town Representative ") shall be Kevin Kish or a replacement party to be selected by the Town Manager, and the initial representative for the Owner and the Developer (the "Developer Representative ") shall be Brian Baehr or a replacement project manager to be selected by the Developer. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties to this Development Agreement and the development of the Pro- ject pursuant to the Zoning Ordinances, this Development Agreement, and the MDC. 6.2. Default; Remedies If either Party defaults (the "Defaulting Party ") with respect to any of that Party's obligations under this Development Agreement, the other Party (the "Non - Defaulting Party ") shall be entitled to give written notice in the manner prescribed in Section 8.1 below to the Defaulting Party, which notice shall state the nature of the default claimed and make demand that such default be corrected (the "Dispute "). The Defaulting Party shall then have (i) 20 days from the date of the notice of the Dispute within which to correct the default if it can reasonably be corrected by the payment of money, or (ii) 30 days from the date of the no- tice of the Dispute to cure the default if action other than the payment of money is reasonably required, or if the non - monetary default cannot reasonably be cured within 30 days, then such longer period as may be reasonably required, provided and so long as the cure is promptly com- menced within such 30 -day period thereafter diligently prosecuted to completion. If any default is not cured within the applicable time period set forth in this Section, then the Non - Defaulting Party shall be entitled to begin the mediation and arbitration proceedings set forth in Sections 6.3 and 6.4 below. The Parties agree that due to the size, nature and scope of the Project, and due to the fact that it may not be practical or possible to restore the Project to its condition prior to the Developer's development and improvement work, once implementation of this Development Agreement has begun, money damages and remedies at law will likely be inadequate and that specific performance will likely be appropriate for the enforcement of this Development Agree- ment. This Section shall not limit any other rights, remedies, or causes of action that either Party may have at law or in equity. A default by one Developer shall not constitute a default by any 00025853.DOC / 7}SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 17- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 190 of 219 other Developer and the Town may not withhold or delay issuance of building permits or certifi- cates of occupancy or other permits, approvals or licenses from one Developer due to the default of another Developer. Nothing in this paragraph shall be construed to require the Town to issue a permit or grant a development approval to the Owner or the Developer (or their successors or assigns) if a successor or assignee fails to commence or complete improvements required by this Development Agreement prior to issuance of the permit or granting of the approval. For exam- ple, if the Owner or the Developer (or their successors or assi ns) do not commence construction of the Park improvements prior to the issuance of the 1,000 single - family residential building permit within the Project pursuant to Section 3.4.3 above, the Town may thereafter withhold residential building permits from all Owners and Developers (and their successors and assigns) within the Project until the Park improvements are commenced. 6.3. Mediation If there is a Dispute that the Parties cannot resolve between themselves, the Parties agree that there shall be a 45 -day moratorium on arbitration during which time the Parties agree to attempt to settle the dispute by non - binding mediation before commencement of arbitra- tion. The mediation shall be held under the commercial mediation rules of the American Arbitra- tion Association ( "AAA "), but not under the auspices of the AAA. The matter in dispute shall be submitted to a mediator mutually selected by the Developer and the Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter the Town and the Developer shall request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an independent mediator. The mediator selected shall have at least five years' experience in mediating or arbitrating disputes relating to real es- tate development. The cost of any such mediation shall be divided equally between the Town and the Developer. The results of the mediation shall be non - binding on the Parties, and any Party shall be free to initiate arbitration after the moratorium. 6.4. Mandatory Arbitration After mediation, as provided for in this Article, any dispute, con- troversy, claim or cause of action arising out of or relating to this Development Agreement shall be settled by submission of the matter by both Parties to binding arbitration in accordance with the rules of the AAA and the Arizona Uniform Arbitration Act, A.R.S. § 12 -501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdic- tion. The arbitration shall be held under the rules of the AAA, but not under the auspices of the AAA. The matter in dispute shall be submitted to an arbitrator mutually selected by the Devel- oper and the Town. If the Parties cannot agree upon the selection of an arbitrator within seven days, then within three days thereafter the Town and the Developer shall request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an inde- pendent arbitrator. The arbitrator selected shall have at least ten years' experience in arbitrating disputes relating to real estate development. Article 7. Lender Protection. 7.1. Notices The Owner and the Developer shall have the right at any time, and as often as they desire, to finance the Property and to secure the financing with a lien or liens against the Property. Subject to notice to the Town by the lender ( "Lender ") as to the name, address, facsim- ile number, e-mail address or other means of communication for notice purposes, of the Lender, the Town shall use good faith efforts to give notice to Lender of any default or Dispute at the same time the Town gives notice of the same default or Dispute to the Developer. 100025853.DOC / 71 SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 18- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 191 of 219 7.2. Collateral Assi ng ment Notwithstanding any other provision of this Development Agreement, the Owner or the Developer may assign all or part of its rights and duties under this Development Agreement to any financial institution from which the Owner or the Developer has borrowed funds for use in acquiring the Property or constructing the Infrastructure Improvements or otherwise developing the Property without such financial institution assuming the obligations of the Owner or the Developer under this Development Agreement, but without releasing the Owner or the Developer from its obligations under this Development Agreement. 7.3. Estoppel Certificate Within 30 days following any written request by either the Town, the Owner, the Developer, Lender or any prospective Lender, which request can be made from time to time, the other shall confirm the following in writing to the requesting party and /or its prospective investors, purchasers, lenders or encumbrancers, that (a) this Development Agree- ment is unmodified and in full force and effect (or reasons why it is not); (b) there are no un- cured Defaults under this Development Agreement (or reasons why there are); and (c) any other information reasonably requested by the requesting party. Article 8. Notices and Filings. 8.1. Manner of Serving All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, transmit- ted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, if to: The Town:Town of Marana Town Manager 11555 North Civic Center Drive Building A3 Marana, Arizona 85653 With a required copy to: Town of Marana Town Attorney 11555 North Civic Center Drive Building A3 Marana, Arizona 85653 The Owner:Marana 670 Holdings, LLC 7377 East Doubletree Ranch Road Suite 100 Scottsdale, AZ 85258 Attention: Clesson Hill With required copy to:Fennemore Craig, P.C. 3003 North Central Avenue Suite 2600 Phoenix, AZ 85012 -2913 Attention: Jay S. Kramer 00025853.DOC / 7}SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 19- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 192 of 219 Twin Peaks Development: Twin Peaks Development, Inc. 7377 East Doubletree Ranch Road Suite 100 Scottsdale, AZ 85258 Attention: Brian Baehr With required copy to:Fennemore Craig, P.C. 3003 North Central Avenue Suite 2600 Phoenix, AZ 85012 -2913 Attention: Jay S. Kramer or to such addresses as either Party hereto may from time to time designate in writing and deliver in like manner. Any such notice shall be deemed given and received upon personal delivery against a signed acknowledgment of receipt or affidavit of delivery or three business days after deposit in the United States mail in the manner provided above. Article 9. General Terms and Conditions. 9.1. Annexation From time to time the Owner may add all or any portion of the Excluded Property to the Property by recording an annexation certificate that describes the land and states that the land is being added to the Property and is subjected to this Development Agreement. An annexation certificate shall be signed and acknowledged by the Owner and the fee simple title owner of the land to be annexed, if not the Owner, and recorded in the office of the Pima County Recorder. Upon annexation of any of the Excluded Property in accordance with this paragraph, the annexed land shall thereafter be subject to this Development Agreement and shall be auto- matically de- annexed from the Prior Development Agreement. 9.2. Term If not sooner terminated, this Development Agreement shall automatically termi- nate and shall thereafter be void for all purposes on December 31, 2031. If the Parties determine that a longer period is necessary for any reason, the term of this Development Agreement may be further extended by written agreement executed by the Parties. 9.3. Waiver No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town, the Owner, or the Developer of the breach of any covenant of this De- velopment Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Development Agreement. 9.4. Attorneys' Fees In case of any Dispute, the Party prevailing in any arbitration, court ac- tion or other proceeding shall be paid all reasonable costs, expert witness fees, litigation related costs and reasonable attorneys' fees by the non - prevailing Party, and if any judgment is secured by the prevailing Party, all such costs and fees shall be included in the judgment, such fees to be set by the arbitrator or court and not by a jury. Nothing in the use of the word "court" in the pre- ceding sentence shall constitute a waiver of Section 6.4 above, requiring disputes to be resolved by binding arbitration. 9.5. Counterparts This Development Agreement may be executed in two or more counter- parts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 00025853.DOC / 7}SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 20- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 193 of 219 9.6. Headings The descriptive headings of this Development Agreement are intended to be used to assist in interpreting the meaning and construction of the provisions of this Development Agreement. 9.7. Recitals The recitals set forth at the beginning of this Development Agreement are hereby acknowledged, confirmed to be accurate and incorporated here by reference. 9.8. Exhibits Any exhibit attached hereto shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. 9.9. Further Acts Each of the Parties shall execute and deliver all such documents and per- form all such acts as reasonably necessary, from time to time, to carry out the matters contem- plated by this Development Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Project by the Developer and its successors. 9.10. Future Effect 9.10.1. Time of the Essence Time is of the essence of this Development Agreement. All of the provisions hereof shall inure to the benefit of and be binding upon the successors, as- signs and legal representatives of the Parties. 9.10.2. Successors and Assigns This Development Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Parties pursuant to A.R.S. 9- 500.05 (D). Upon the conveyance of all or any portion of the Project (other than a Public Lot, as defined in Section 9.10.3 below), all of the Owner's (or its successor's) right, title, in- terest, duties, obligations and liabilities under this Development Agreement with respect to the portion of the Project conveyed and first arising after the effective date of such convey- ance shall automatically be assigned to, and assumed by, the purchaser of the property. The assigning Owner (or its successor) shall automatically be relieved of all duties, obligations and liabilities arising from and after the effective date of such conveyance with respect to the portion of the Project conveyed. Notwithstanding the foregoing, the Owner (or its successor) and the purchaser of all or any portion of the Project may expressly delineate the rights, du- ties, obligations and liabilities under this Development Agreement being assigned and as- sumed or retained by a written instrument executed by the Owner (or its successor) and the purchaser, and recorded in the Pima County Recorder's office. Nothing in this paragraph shall be construed to require the Town to issue a permit or grant a development approval to the Owner or the Developer (or their successors or assigns) if a successor or assignee fails to commence or complete improvements required by this Development Agreement prior to is- suance of the permit or granting of the approval. For example, if the Owner or the Developer or their successors or assigns) do not commence construction of the Park improvements prior to the issuance of the 1,000 single - family residential building permit within the Project pursuant to Section 3.4.3 above, the Town may thereafter withhold residential building per- mits from all Owners and Developers (and their successors and assigns) within the Project until the Park improvements are commenced. 9.10.3. Termination Upon Sale to Public It is the intention of the Parties that although recorded, this Development Agreement shall not create conditions or exceptions to title or covenants running with the Property. Nevertheless, in order to alleviate any concern as to the 00025853.DOC / 7}SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 21- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 194 of 219 effect of this Development Agreement on the status of title to any of the Property, this De- velopment Agreement shall terminate without the execution or recordation of any further document or instrument as to any lot which has been finally subdivided and individually (and not in "bulk ") leased (for a period of longer than one year) or sold to the purchaser or user thereof, or any lot or parcel conveyed or dedicated to any governmental authority, utility pro- vider, school district or property owners association (a "Public Lot "), and thereupon such Public Lot shall be released from and no longer be subject to or burdened by the provisions of this Development Agreement. Nothing herein shall limit or affect the validity of docu- ments to be recorded other than this Development Agreement nor of the proposed bond obli- gations and tax assessments which, when imposed upon the Property, shall run with the Property in accordance with applicable laws. 9.11. No Partnership and Third Parties This Development Agreement is not intended to, and nothing contained in this Development Agreement shall, create any partnership, joint venture or other arrangement between the Parties. No term or provision of this Development Agreement is intended to, or shall, be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. 9.12. Other Instruments Each Party shall, promptly upon the request of the other, have ac- knowledged and delivered to the other any and all further instruments and assurances reasonably requested or appropriate to evidence or give effect to the provisions of this Development Agree- ment. 9.13. Conflict of Interest This Development Agreement is subject to A.R.S. § 38 -511, which provides for cancellation of contracts in certain instances involving conflicts of interest. 9.14. Imposition of Duty by Law This Development Agreement does not relieve any Party of any obligation or responsibility imposed upon it by law. 9.15. Entire Development Agreement This Development Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Development Agreement. All prior and contemporaneous agreements, representations and understandings of the Parties, oral or written, are hereby superseded and merged into this Development Agreement. 9.16. Amendment No change or addition is to be made to this Development Agreement ex- cept by a written amendment executed by the Parties. Any amendment to this Development Agreement shall be recorded in the Pima County Recorder's office no later than ten days after the Parties have entered into the amendment. 9.17. Names and Plans The Owner shall be the sole owner of all names, titles, plans, draw- ings, specifications, ideas, programs, designs and work products of every nature at any time de- veloped, formulated or prepared by or at the instance of the Owner in connection with the Prop- erty or any Plans, provided, however, that in connection with any conveyance or portions of the Infrastructure as provided in this Development Agreement such rights pertaining to the portions of the Infrastructure so conveyed shall be assigned to the extent that such rights are assignable, to the appropriate governmental authority. 9.18. Good Standing: Authority The Owner and Twin Peaks Development represent and warrant to the Town that they are duly formed and validly existing under the laws of the state of Arizona. The Town represents and warrants to the Owner and Twin Peaks Development that it is 00025853.DOC / 7}SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 22- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 195 of 219 an Arizona municipal corporation with authority to enter into this Development Agreement un- der applicable state laws. Each Party represents and warrants that the individual executing this Development Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. 9.19. Severability If any provision of this Development Agreement is declared void, illegal, invalid or unenforceable, such provision shall be severed from this Development Agreement, which shall otherwise remain in full force and effect. If any applicable law or court of competent jurisdiction prohibits or excuses the Town from undertaking any contractual commitment to per- form any act hereunder, this Development Agreement shall remain in full force and effect, but the provision requiring such action shall be deemed to permit the Town to take such action at its discretion, if, however, the Town fails to take the action specified hereunder, the Developer shall be entitled to terminate this Development Agreement with respect to any portion of the Project owned by such Developer. 9.20. Governing Law This Development Agreement is entered into in Arizona and shall be construed and interpreted under the laws of the State of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word litigation" in the preceding sentence shall constitute a waiver of paragraph 6.4 above, requiring disputes to be resolved by binding arbitration. 9.21. Interpretation This Development Agreement has been negotiated by the Parties, and no Party shall be deemed to have drafted this Development Agreement for purposes of construing any portion of this Development Agreement for or against any Party. 9.22. Recordation The Town shall record this Development Agreement in its entirety in the office of the Pima County Recorder no later than ten days after it has been executed by the Par- ties. 9.23. No Owner or Developer Representations Nothing contained in this Development Agreement shall be deemed to obligate the Town, the Owner, or the Developer to commence or complete any part or all of the development of the Property, but remediation of property damages to any Existing Improvements that are public infrastructure improvements shall be required be- fore they are accepted by the Town. 9.24. Approval If any Party is required pursuant to this Development Agreement to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld, delayed or conditioned. 9.25. Force Majeure If any Party shall be unable to observe or perform any covenant or con- dition of this Development Agreement by reason of "force majeure," then the failure to observe or perform such covenant or condition shall not constitute a default under this Development Agreement so long as such Party shall use its commercially reasonable efforts to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. "Force majeure" as used in this paragraph means any condition or event not reasonably within the control of such Parry, including, without limita- tion, "acts of God;" strikes, lock -outs, or other disturbances of employer /employee relations; acts of public enemies; orders or restraints of any kind of the government of the United States or any state or subdivision thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots: epidemics; landslides; lightning; earth - 00025853.DOC / 7}SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 23- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 196 of 219 quakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests; restraints of government and of people; explosions; and partial or entire failure of utilities; financial inability excluded. Failure to settle strikes, lock -outs and other disturbances of employer /employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing party or parties, in either case when such course is in the judgment of the Party hereto unfavorable to such Party, shall not constitute failure to use its best efforts to remedy such a condition. 9.26. Definitions Unless otherwise defined in this Development Agreement, all terms used in this Development Agreement shall have the meaning assigned to such terms in the Arizona Community Facilities District statutes, Arizona Revised Statutes Title 48 Article 6 (A.R.S. §§ 48 -701 through 48 -725), so long as such interpretation does not conflict with any other provision of this Development Agreement. IN WITNESS WHEREOF, the Parties have executed this Development Agreement as of the last date set forth below their representatives' respective signatures. THE TOWN:THE OWNER: TOWN OF MARANA an gArina municipal MARANA 670 HOLDINGS, LLC, an Arizona corporation limited liability company By: Grayhawk Holdings Inc., an Arizona By:corporation, Manager Ed *ea, Mayor ATTEST:By:a)- Name: yn C. nson, Town Clerk Title: PPROVE S TO RM: TWIN PEAKS DEVELOPMENT: c TWIN PEAKS DEVELOPMENT, INC., an F nk Ca y; Town Att ey Arizona corporation By: Name: Title: VI-Q- Yes zee -4 STATE OF ARIZONA County of Maricopa The foregoing instrument was acknowledged efore me this lq of 2011 by jQ L,the Vlee acknowledged t4,G of Grayhawk old , 71 SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 24- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 197 of 219 ings Inc., an Arizona corporation, the Manager of MARA 670 HOLDINGS, LLC, an Arizona limited liability company, on behalf thereof. t My commission expires:100 DENISE M. BATISTELLI Notary Public,State of Arizona Maricopa County My Commission Expires January 31, 2014 STATE OF ARIZONA County of Maricopa The oregoing i strument was acknowledged bedore me this / day of t 2011 by e/ah &Ae,,,tA.the ela '2tde of IN E xs DEVELOPMENT, INC., an Arizona corporation, on behalf tlideof. Notary Public My commission expires:DENISE M. BATISTELLI Notary Public,State of Arizone Y„ G Maricopa County My Commission Expires Janw4r 31, 2014 100025853.DOC / 71 SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 25- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 198 of 219 LIST OF EXHIBITS Exhibit A Property Legal Description Exhibit B Property Depiction Exhibit C Current MDC R -6 Residential zoning regulations Exhibit D Current MDC R -36 Residential zoning regulations Exhibit E Current Zone C Large Lot Zone zoning regulations Exhibit F Current Zone F Specific Plan (Saguaro Springs Specific Plan) zoning regulations Exhibit G Cross - section for a four -lane collector or arterial roadway (Twin Peaks Road) Exhibit H Cross - section for a two -lane rural collector roadway (Airline Road; Lambert Lane) Exhibit I Park 00025853.DOC / 71 SAGUARO BLOOM DEVELOPMENT AGREEMENT 7/18/20113:28 PM 26- Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 199 of 219 EXHIBIT "A" Legal Description of Trust Property) PARCEL 1: Blocks 1 through 3, inclusive, Blocks 5 through 7, inclusive, Block 9 and Lots 1 through 9 in Saguaro Springs, as shown on the map recorded in Book 58 of Maps, Page 23, records of Pima County, Arizona; EXCEPT THEREFROM those parts of said Block 5 to be used for a Park Site and a School Site, described as follows: PARK SITE: All that portion of Block 5 of Saguaro Springs, Blocks 1 thru 10 and A thru D and Lots 1 thru 9 and A and B, recorded in Book 58 of Maps and Plats at Page 23 in the office of the County Recorder, Pima County, Arizona, more particularly described as follows: BEGINNING at the Southwest corner of said Block 5; THENCE along the West line of said Block 5 North 14 °24'29" West a distance of 481.02 feet to the beginning of a tangent curve concave to the East having a radius of 30.00 feet and a central angle of 51 °43'31 "; THENCE continuing along said West line and along the arc of said curve to the right a distance of 27.08 feet to a point of tangency on the Northwest line of said Block 5; THENCE along said Northwest line North 37 °19'02" East a distance of 755.61 feet; THENCE continuing along said Northwest line North 36 °22'30" East a distance of 671.15 feet to the beginning of a tangent curve concave to the South having a radius of 30.00 feet and a central angle of 105 °18'35 "; THENCE continuing along said block line and the arc of said curve to the right a distance of 55.14 feet to a point of tangency on the Northeast line of said Block 5; THENCE along said Northeast line South 38 °1855" East a distance of 22.89 feet to a point on a line 60.00 feet Southeast of and parallel with the Northwest line of said Block 5; THENCE along said parallel line South 36 °22'30" West a distance of 694.53 feet; THENCE continuing along said parallel line South 37 °19'02" West a distance of 526.01 feet; THENCE South 35'13'54" East a distance of 716.33 feet to a point on the South line of said Block 5; THENCE along said South line South 83 °46'13" West a distance of 488.84 feet to the POINT OF BEGINNING. Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 200 of 219 SCHOOL SITE: All that portion of Block 5 of Saguaro Springs Blocks 1 thru 10 and A thru D and Lots 1 thru 9 and A and B, recorded in Book 58 of Maps and Plats at Page 23 in the office of the County Recorder, Pima County, Arizona, more particularly described as follows: COMMENCING at the Southwest corner of said Block 5; THENCE along the South line of said Block 5 North 83 °46'13" East a distance of 488.84 feet to the POINT OF BEGINNING; THENCE North 35 °13'54" West a distance of 716.33 feet to a point on a line 60.00 feet Southeast of and parallel with the Northwest line of said Block 5; THENCE along said parallel line North 37 °19'02" East a distance of 402.39 feet; THENCE South 47 °17'08" East a distance of 852.35 feet to the East line of said Block 5 being a point on a curve having a radius of 2305.00 feet and to which a radial line bears North 88 °23'22" West; THENCE along said East line of Block 5 and the arc of said curve to the left through a central angle of 06'15'59" a distance of 252.09 feet to a point of reverse curve, having a radius of 25.00 feet and a central angle of 88 °25'34 "; THENCE continuing along the East line of said Block 5 and arc of said curve a distance of 38.58 feet to a point of tangency on the South line of said Block 5; THENCE along said South line South 83 °46'13" West a distance of 444.07 feet to the POINT OF BEGINNING. PARCEL 2: All that portion of Section 13, Township 12 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, more particularly described as follows: COMMENCING at a 1 1/2 inch lead capped pipe properly marked and monumenting the Southeast corner of said Section 13; THENCE along the East line of said Section 13, North 00 °08'05" West a distance of 75.00 feet to the POINT OF BEGINNING; THENCE along a line 75 feet North of and parallel to the South line of said Section 13, South 89 °57'50" West, a distance of 1142.34 feet; THENCE North 38 °23'46" East, a distance of 1833.81 feet, to the East line of Section 13 to which a 2" lead capped pipe properly marked and monumenting the West quarter corner of said Section 18 bears North 00 °08'05" West, a distance of 1129.31 feet; 2436527.1 2 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 201 of 219 THENCE along said East line of Section 13 South 00 °08'05" East a distance of 1436.51 feet to the POINT OF BEGINNING. LOTS: Lots 1 through 16, inclusive, Lots 46 through 86, Lots 96 through 98, inclusive, and Common Areas A" and "B ", of Saguaro Springs Block 8A, according to the Plat of Record of Saguaro Springs Block 8A, according to the Plat of Record in the Office of the County Recorder of Pima County, Arizona, recorded in Book 62 of Maps, Page 7. Lots 131 through 399, inclusive, and Common Areas "A" and "B ", according to the Plat of Record of Saguaro Springs Block 8B, according to the Plat of Record in the Office of the County Recorder of Pima County, Arizona, recorded in Book 62 of Maps, Page 8. Lots 400 through 611, inclusive, and Common Areas "A" and "B ", according to the Plat of Record of Saguaro Springs Block 4, according to the Plat of Record in the Office of the County Recorder of Pima County, Arizona, recorded in Book 62 of Maps, Page 6. 2436527.1 3 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 202 of 219 Exhibit B: Property Depiction of Saguaro Bloom Project Lim[I 0 WZ J Q Z W LAMBERT LN N SILVERBELL.RD 6 "U"'Mfg 45 Block 1 Block 6 hwim MIN p I r Block Block 5 I I llp d I is! w R A BIOC Bl0ck2A. "a h"Ii r 4I a Block r o n WIN p'= 9 Saguaro Bloom Project W E Data Dkclaimer: TM1e Town al Mara provMes tM1ls map Intpmreaon'AZ Is'M Ma iega.st of tM1e user wbM1 mep e,ntlinpatDMtsrommeea Excluded PropertymbeaccunM, conect or cpmplate antl concluzbnz tlrawnfrom zucM1 ImormMbn am tM rasponzibillry ortbe user.ln m evaM aM1all TM1e Town pl Mamne become aaaaa.aaa, amerpaay, mranv baa artlreat. malmaq Block 10 and Lots 17-45, 87 -98,a xmmaaaaal or ponaepaemlal aamayea, InanalrM bm nw nmrtaamoneya.eaaawal, ram the aae ar maalr ation attbe aata.and 99 -130 of Block 8AMarana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 203 of 219 Exhibit C TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE 05.10.12 R -6 Residential A.Purpose. The R -6 single - family residential zone is primarily intended as a district for single - family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R -6 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R -6 zone, exclusively and only in accordance with the regulations set forth in this Section. B.Permitted Uses. The following shall be permitted in the R -6 single - family residential zone, subject to the Development Standards contained in this section. 1. One single - family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Residential Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1.Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, children's playhouses, etc.; 2.Swimming pools, spas, and related structures; 3.Garage, carport or enclosed storage; 4.Sports courts, unlighted; 5.Fences and walls; 6.Home occupations, with an approved Home Occupation Permit; 7.Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8.Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and, 9.Model homes, within an approved subdivision. Title 5 - Zoning Page 57 of 126 Revised: 12/14/2010 Ord. 2010.18 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 204 of 219 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE D.Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; and, 3. Group homes. E.Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F.Prohibited Uses. Uses prohibited in the R -6 district are as follows: 1. Commercial uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards — Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R -6 zone. i. Lot area. The minimum lot size shall be six thousand (6,000) square feet. j. Lot dimensions. a. Width. Lots shall have a minimum width of fifty -five (55) feet. b. Depth. Lots shall have a minimum depth of eighty (80) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a.The required front yard (setback) shall be a minimum of sixteen (16) feet, except where garages open or face directly onto an abutting street, in which case the garage setback shall be a minimum of twenty (20) feet. A maximum of thirty -five percent (35 %) of the lots may have a reduced setback to the sixteen feet, with the balance of the setbacks being twenty feet or greater. b.The required side yard (setback) shall be a minimum of five (5) feet, with a street side yard (setback) having a minimum of ten (10) feet. C.The required rear yard (setback) shall be a minimum of twenty (20) feet. Where the front yard (setback) is increased above the twenty (20) feet, then the rear yard (setback) may be reduced one (1) foot for each foot of increase, but shall not be reduced to below fifteen (15) feet. Where the front yard (setback) is decreased below the minimum twenty (20) feet, the rear yard (setback) shall be increased one (1) foot for each foot of decrease, but shall not be required to be over twenty -five (25) feet. Title 5 - Zoning Page 58 of 126 Revised: 12/14/2010 Ord. 2010.18 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 205 of 219 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE 4.Building Separation (Distance Between Structures /Buildings) a.The minimum distance between principal (main) buildings shall be ten 10) feet. b.The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be five (5) feet. C.Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5.Building Heights. a.Buildings and structures erected in this zone shall have a height not greater than two- stories or twenty -five (25) feet, except as otherwise permitted. b.Building heights may be permitted to increase a maximum of twenty percent (20 %) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6.Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50 %) of the total lot area. 7.Underground Utilities. All on -site utilities shall be placed underground on the site. Title 5 - Zoning Page 59 of 126 Revised: 12/14/2010 Ord. 2010.18 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 206 of 219 Exhibit D TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE 05.10.05 R -36 Residential A.Purpose. The R -36 single - family residential zone is primarily intended as a district for single - family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R -36 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R -36 zone, exclusively and only in accordance with the regulations set forth in this Section. B.Permitted Uses. The following shall be permitted in the R -36 single - family residential zone, subject to the Development Standards contained in this section. 1. One single - family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1.Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2.Swimming pools, spas, and related structures; 3.Garage, carport or enclosed storage; 4.Sports courts, unlighted; 5.Fences and walls; 6.Home occupations, with an approved Home Occupation Permit; 7.Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8.Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; 9.Model homes, within an approved subdivision; Title 5 - Zoning Page 29 of 126 Revised: 12/14/2010 Ord. 2010.18 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 207 of 219 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE 10. Keeping of large and small livestock on parcels one acre or greater; 11. Stables, private; and, 12. Riding arena, rodeo grounds (private, unlighted). D.Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 3. Group homes; 4. Residential facilities for non - permanent occupancy including only bed and breakfast establishments; 5. Aviaries; 6. Riding arena, rodeo grounds (private, lighted); and 7. Keeping of rodents and fowl. E.Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F.Prohibited Uses. Uses prohibited in the R -36 district are as follows: 1. All commercial and business uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards— Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R -36 zone. 1. Lot area. The minimum lot size shall be thirty -six thousand (36,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one hundred (100) feet. b. Depth. Lots shall have a minimum depth of one hundred (100) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a.The required front yard (setback) shall be a minimum of thirty (30) feet. b.The required side yard (setback) shall be a minimum of fifteen (15) feet, with a street side yard (setback) having a minimum of twenty (20) feet. C.The required rear yard (setback) shall be a minimum of forty (40) feet. Tide 5 - Zoning Page 30 of 126 Revised: 12/14/2010 Ord. 2010.18 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 208 of 219 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE 4.Building Separation (Distance Between Structures /Buildings) a.The minimum distance between principal (main) buildings shall be twenty 20) feet. b.The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5.Building Heights. a.Buildings and structures erected in this zone shall have a height not greater than two- stories or twenty -five (25) feet, except as otherwise permitted. b.Building heights may be permitted to increase a maximum of twenty percent (20 %) to provide a maximum building height of thirty (30) feet subject to the review and approval of the Town Council, subject to the process and requirements found in Section 8.05. 6.Building Mass. Any structure over two- stories must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80 %) of the GFA of the previous floor. 7.Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40 %) of the total lot area. 8.Underground Utilities. All on -site utilities shall be placed underground on the site. Title 5 - Zoning Page 31 of 126 Revised: 12/14/2010 Ord. 2010.18 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 209 of 219 Exhibit E TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE by prior density of land use in accordance with the provisions for Significant Land Use Change contained in Section 05.03 of this Code and by setback requirements defined in this and other titles of this Code or as may be determined by other applicable federal, state and local regulations. C.Setbacks. 1.The required front yard (setback) shall be a minimum of 20 feet. 2.The required side yard (setback) shall be a minimum of five feet, with a street side yard (setback) having a minimum of ten feet. 3.The required rear yard (setback) shall be a minimum of 20 feet. D.Building Heights. Buildings and structures erected in this zone shall have a height not greater than 30 feet. 05.02.02 Zone B — Medium Lot Zone A.Permitted Uses. Within Zone B, any residential, commercial, industrial, or quasi - public land use is permitted so long as each separate land use is conducted on a lot larger than 2.5 acres but no larger than 25 acres and is consistent with the Significant Land Use Change Procedure described in Section 05.03 of this Code. This is not to be construed, however, to permit any land use that may be expressly prohibited within the Town of Marana by other ordinances of the Town of Marana, by other provisions of this code, or by state or federal law. B.Density Requirements. There shall be no maximum density of land use per se in this Zone, except as may be dictated by prior density of land use in accordance with the Significant Land Use Change Procedure described in Section 05.03 of this Code and by setback requirements defined elsewhere in this Code. C.Setbacks. The setback requirements for Zone B shall be the same as for Zone A. 05.02.03 Zone C — Large Lot Zone A.Permitted Uses. Within Zone C, any residential, commercial, industrial, or quasi - public land use shall be permitted, so long as each separate activity is conducted on a lot no smaller than 25 acres and is otherwise consistent with the Significant Land Use Change procedures as described in Section 05.03 of this Code. This is not to be construed, however, to permit any land use that may be expressly prohibited within the Town of Marana by other sections of this Code other ordinances of the Town of Marana, or state or federal law. B.Density Requirements. The maximum density allowed shall be one dwelling unit or one commercial, industrial, or quasi - public establishment per 25 acres. C.Setbacks. No building or structure, except a fence or wall that is not part of a building and not over six feet in height shall be constructed closer than ten feet to any side property line or closer than 40 feet plus one foot for each foot of building height in excess of ten feet above ground level to any front or rear property line. Where a lot is situated on the corner of two dedicated streets, each of the property lines along the right -of -way line of a dedicated street shall be considered to be a front property line, and each other property line shall be considered to be a side property line in determining allowable setbacks. Title 5 - Zoning Page 2 of 126 Revised: 12/14/2010 Ord. 2010.18 Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 210 of 219 Exhibit F Land Use Concept Plan v TWO— g g § I ht n r1 INN as a kk nn MTN t Legend:THE Co Specific Plan Boundary 0 1500 Feet PLANNING P_K42H, nz !ED CENTER 98gC e1rt7'.3pring$ Boundary SUrM 5320 tg I _ ' LDR -Low Density Residential r MDR - Medium Density Residential MHDR -Medium High Density Residential SCH - School IN HDR - High Density Residential REC - Recreation Age - Restricted Area OS - Open Spare i Drainage Saguaro Springs III -7 Specific Plan Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 211 of 219 Development Regulations F. Development Standards Land use designations have been assigned to each area identified within the Saguaro Springs Specific Plan. Under each designation is a list of permitted, accessory, conditional and prohibited uses, followed by Table 7, which outlines the corresponding residential development standards according to designation. Pages IV -14 through IV -17 contain a series of tables (Tables 8A 88) that illustrate the differences between Saguaro Springs Specific Plan Development Standards and those required by the Town of Marana Land Development Code. 1. Medium Density Residential (Parcel 2b) a. Permitted Uses Single - Family Residential (Site -Built Detached Homes) Model Homes Parks and Open Space Community and Recreation Facilities Public Utility Facilities Religious Institutions b. Accessory Uses Detached accessory structures, such as storage sheds, workshops and covered patios Swimming pools, spas and related structures Home occupations c. Conditional Uses Childcare Facilities Educational Facilities Group Homes d. Temporary Uses Temporary Sales Trailer (in approved subdivisions) e. Prohibited Uses Commercial Uses Industrial Uses f. Parking Standards At minimum, two off - street parking spaces within an enclosed garage shall be provided per unit, plus one additional space for every four units. Parking spaces provided within the pocket parks may be used to satisfy the parking requirement for additional spaces.) Saguaro Springs IV -9 Specific Plan Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 212 of 219 Development Regulations 2. Medium High Density Residential (Parcels 1a, 11b and 2a) a. Permitted Uses Single - Family Residential Site -Built Detached Homes Residential Site -Built Attached Homes, including Duplex, Triplex and Four -Plex Products Model Homes Parks and Open Space Community and Recreation Facilities' Public Utility Facilities Religious Institutions b. Accessory Uses Accessory uses listed under Medium Density Residential shall apply c. Conditional Uses Conditional uses listed under Medium Density Residential shall apply d. Temporary Uses Temporary uses listed under Medium Density Residential shall apply e. Prohibited Uses Prohibited uses listed under Medium Density Residential shall apply f. Minimum Private Open Space Minimum private open space to be provided per home is 50 square feet, in the form of one or more of the following: Patios Balconies Porches Decks Others deemed similar by the Planning Director Community Center sites identified in Parcels 1a and 2a shall conform to the following standards: Minimum perimeter & street setback: 20 feet Maximum building height: 35 feet (Chimneys, skylights or ornamental elements, such as towers, domes or cupolas, may extend above the building to a maximum height of 40 feet.) Maximum site coverage: 75 percent Minimum building separation: per building code current at time of building permit application Wftf Saguaro Springs IV -10 Specific Plan Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 213 of 219 Development Regulations g. Parking Standards Two parking spaces within an enclosed garage shall be provided per unit, plus one additional space for every four units. This requirement may be reduced to one parking space within an enclosed garage, plus one space for every four units, upon approval by the Planning Director during subdivision plat review. (Parking spaces provided within the pocket parks may be used to satisfy the parking requirement for additional spaces.) 3. High Density Residential (Parcels 5 and 6) a. Permitted Uses Residential Site -Built Attached Homes, including Duplex, Triplex and Four -Plex Products Single - Family Residential Site -Built Detached Homes (per MHDR Standards) Model Homes Parks and Open Space Community and Recreation Facilities Public Utility Facilities Religious Institutions b. Accessory Uses Accessory uses listed under Medium Density Residential shall apply c. Conditional Uses Conditional uses listed -under Medium Density Residential shall apply d. Temporary Uses Temporary uses listed under Medium Density Residential shall apply e. Prohibited Uses Prohibited uses listed under Medium Density Residential shall apply f. Minimum Private Open Space Minimum private open space to be provided per home is 50 square feet, in the form of one or more of the following: El Patios Balconies Porches Decks Others deemed similar by the Planning Director Saguaro Springs IV -11 Specific Plan Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 214 of 219 Development Regulations g. Parking Standards Two parking spaces within an enclosed garage shall be provided per unit, plus one additional space for every four units. This requirement may be reduced to one parking space within an enclosed garage, plus one space for every four units, upon approval by the Planning Director during subdivision plat review. (Parking spaces provided within the pocket parks may be used to satisfy the parking requirement for additional spaces.) 4. Recreation a. Permitted Uses Parks Community and Recreation Buildings Play Fields Playground Equipment Drainage Facilities Trails Shade Structures b. Prohibited Uses Residential Uses Commercial Uses Industrial Uses c. Parking Standards The District Park will require a minimum of 300 parking spaces. All pocket parks over % acre in size will require a minimum of 3 spaces per %2 acre. Parking spaces within the pocket parks may be used to satisfy residential off - street parking requirements. d. General Development Standards Per Town of Marana Standards Saguaro Springs IV -12 Specific Plan Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 215 of 219 mQ LO o c o m oLtsy LO I--oa) O p O V N O m N U7 L) m m O w _N a) L.+U o •p cC13 co C +F€, O O O p p 6 coG L co M L m o m w ma N Y of N vONaU d c a m o p m o 0 O) o N M Q 0) a) O C N a) of C fA N o) N O U Q E a) p M a) O Y a E m z. o v. 0 m O_ LO O C O O O Y y N L a Ec 0 M 1 a r a) O_a) N o • E o co n aNi CL E a 7 a) ji ' U L U C CD 0 ca cn O 0 4 cn d CL UM LO d O N N CL cC_ O L m G LO O L6 70 O _a C3) Co C y ...O y o O V E in w mss.7 7 m co 16 Z3a —E Of S Cc LO t "m cm m C N U m CL i\LL O RAM LA++ O O E co cy) a cy O O f6 m mu. M M C: n a) c c O c E p v cumomao4)Q c 0) oL)w o aa) s sad o o a ca = o 4)) E m i o o m o 0 p ai c o0 CL ca cn N m CU c o O)— C 3 Q O C) LL'L'`c >. w Nwrte` O O d Y N V U P O_ E 6) a0 w L O c N N O cu O O 7 LL O O Q m u] m w O E C L3) co 0co m D t w a) co C a 0.6 70 a) aa) .0) m N 4 E N O o> 4) a) E J -- LL a afY C t=R 0 O. t;O m a L) vim-- a) m a)i Cl) rn o N o o rn-d o p o rn > c U)) C o o a1 N a c N m o f Z5 E N o°v cn 15 a Q m o .E cam m w m z o u, Na E Dod O Q' d w U) o Q o Q c m? y f]o w m a d 0) 0 t RB Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 216 of 219 j $h 2 /w LLJ k a w 6 DO Ir / R b a®w u V Q V) UJ < C I 2 0- o 2 a-e o 3» LL- I Q @ E j 2 3 2 k /k j m W j /\C'4 nm N bD¥ F- z 5 a Pui zzz Rj uj « MD 0qE f e oa I CIj S LO LLJ3 G LLJc_ -o LLJ F-0-S 9 >< CN V) V) z LLJ y /§ k u z w k ° I k=j kGM m X02Lu§ Zuo k Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 217 of 219 0 V) Li 0 z m a 7 F- @ w 9 o L U 3 L z z k 0 0 I q Q» o CD 5 \/N r 0 c zx2uy d«LLI f k o j 2§ o z za f Z) \ o z 00 E j$ j 00 F— m m K CL CL yt a f g Ro V EL- 2 0 co of 0 0 E m= 2b E 2/ g\0 3E a K 2 aw Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 218 of 219 I t[ , II[VS Y 1. uj oLu 1 e ti yy F` DO D b g u I Q L'? it W v" w a a7 Sfi ti G y y 7 wW i Marana Town Council Regular Meeting Agenda Packet August 6, 2024 Page 219 of 219