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HomeMy WebLinkAbout09/18/2007 Council Agenda Packet IoWN o~ REGULAR COUNCIL MEETING NOTICE AND AGENDA q ~p~ q ; Council Chambers ~ 11555 W. Civic Center Drive, Marana, Arizona 85653 qR120NP September 18, 2007, at or after 7:00 p.m. Ed Honea, Mayor Herb Kai, Vice Mayor Council Members Russell Clanagan Patti Comerford Tim Escobedo Carol McGorray Roxanne Ziegler ACTION MAY BE TAKEN BY THE COLJNCIL 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 SILEM MODE ALL_ PAGERS AND CELL PHONFS. Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall 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. If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, 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. 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. To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior req~xest to the Town Clerk at least 10 working days prior to the Council meeting. Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than September 17, 2007, 7:00 p.m., at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. ~oWN o~ REGULAR COUNCIL MEETING NOTICE AND AGENDA 9 g ~ Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 qRIZONP September 18, 2007, at or after 7:00 p.m. REGULAR MEETING A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE C. APPROVAL OF AGENDA D. CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. 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. 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, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. E. PRESENTATIONS - 1. Presentation by applicant for proposed rezoning and minor General Plan amendment for La Vista Bonita; (Public Hearing scheduled for October 2, 2007) (Kevin Kish) 2. Presentation on the De Anza Specific Plan (Kevin Kish) ANNOUNCEMENTS/UPDATES PROCLAMATIONS F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. ~oWN oF REGULAR COUNCIL MEETING NOTICE AND AGENDA 9 MA~z ` ~ Council Chambers ~ 11555 W. Civic Center Drive, Marana, Arizona 85653 q?IZONP September 18, 2007, at or after 7:00 p.m. 1. Resolution No. 2007-153: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a location transfer for a No.09 (Liquor Store) liquor license submitted by Ronald Michael Parucki on behalf of Fry's marketplace #689, located at 12100 N. Thornydale Road (Jocelyn Bronson) 2. Resolution No. 2007-154: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new license for a No. 12 (Restaurant) liquor license submitted by Stewart Lee Roth on behalf of Fire, located at 12030 N. Dove Mountain Boulevard #104 (Jocelyn Bronson) 3. Resolution No. 2007-155: Relating to Development; approving and authorizing a fmal plat for Saguaro Ranch Phase III-A (Kevin Kish) 4. Resolution No. 2007-156: Relating to Development; approving and authorizing a fmal plat for Gladden Farms Block 16 (Kevin Kish) 5. Resolution No. 2007-157: Relating to Development; ratifying the recommendation of approval by the Silverbell Road Corridor Overlay District Manager's Design Review Committee regarding Continental Crossing Condominiums (Kevin Kish) 6. Resolution No. 2007-158: Relating to Community Development; approving and accepting the execution of a sales agreement for the purchase of the property located at 12470 North Whitney Lane, Marana to develop affordable workforce housing for low-to moderate-income families in partnership with Habitat for Humanity (T. Van Hook) 7. Minutes of the August 21, 2007 and September 4, 2007 regular meetings. J. COUNCIL ACTION 1. Ordinance No. 2007.22: Relating to Building; adopting amendments to the 2006 International Building Code, an amendment to the 2006 International Residential Code, and amendments to the 2006 International Plumbing Code; amending Marana Town Code Title 7 by revising section 7-1-2(8); changing the name of the town building department to building safety department; and declaring an emergency (John Huntley) 2. Resolution No. 2007-159: Relating to Development; modifying the subdivision requirements by providing that certain existing overhead electric facilities need not be undergrounded in the vicinity of the Continental Reserve and Ironwood Reserve development projects (Cedric Hay) ,oWN o~ REGULAR COUNCIL MEETING NOTICE AND AGENDA ~ , 9 ` ~ ~N~'' ~ Council Chambers qR1ZONP 11SSS W. Civic Center Drive, Marana, Arizona 85653 September 18, 2007, at or after 7:00 p.m. 3. Resolution No. 2007-160: Relating to Development; approving and authorizing a preliminary plat for Saguaro Springs Block 7(Kevin Kish) 4. a. Ordinance No. 2007.23: Relating to Public Works; adopting and authorizing the Town of Marana Stormwater Management Ordinance; amending the Marana Land Development Code, adding Title 25; and establishing an effective date (Barbara Johnson) b. Resolution No. 2007-161: Relating to Public Works; declaring as a public record that certain document entitled "Stormwater Management Ordinance," adopted by Ordinance No. 2007.23, as a public record filed with the Town Clerk (Barbara Johnson) 5. Resolution No. 2007-162: Relating to Employment; approving and authorizing the Mayor to execute a new employment agreement with Town Manager Michael A. Reuwsaat (Frank Cassidy) K. BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION M. EXECUTIVE SESSIONS Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice with the Town Attorney concerning water rights and water service issues and to consult with and instruct the Town Attorney and the Town Manager concerning the 1979 intergovernmental agreement between the Town of Marana and Pima County relating to sewer service within the Marana town limits and to direct the Town Manager and Town Attorney with respect to that agreement (Frank Cassidy) N. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) O. ADJOURNMENT TOWN COUNCIL ~wN ~F MEETING TOWN OF MARANA 9 INFORMATION ~kIZON~' MEETING DATE: September 18, 2007 AGENDA ITEM: E. 1 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Presentation by applicant for proposed rezoning and minor General Plan amendment for La Vista Bonita. DISCUSSION This presentation will provide a brief overview of a proposed Rezoning and Minor Amendment to the General Plan that is scheduled as a public hearing item for the October 2, 2007 Mayor and Town Council meeting. The subject property consists of two parcels totaling approximately 25.46 acres generally located on the south side of Moore Road and west of the Oldfather Road alignment. The applicant's request was considered by the Planning Commission at a public hearing on May 30, 2007. The Commission voted to recommend approval; however, the motion failed by a vote of 2-4, with Commissioners Hestwood and Wostenberg voting to approve. The applicants, Joseph and Tina Banks, propose a change of zoning of the subject property from R-144 to R-36 to allow for the development of a 15 lot residential subdivision. The applicants are proposing a minimum lot size of .995 acres (43,351 square feet). Additionally, the applicant is proposing a minor amendment to the General Plan to amend the property's current designation of Rural Density Residential (0-0.5 DU/AC) to Low Density Residential (0.6-3.0 DU/AC) in order to accommodate the proposed density of 0.58 Dwelling Units per Acre. Since the public hearing before the Planning Commission, the applicant has redesigned the project and reduced the number of lots from 16 to 15. The proposed size of the lots adjacent to the single-family residential to the south has been increased to a minimum of 1.92 acres (83,635 square feet). A minimum of seventy (70) percent of Natural Undisturbed Open Space (NUOS) is proposed with this development. Right-of-way dedications will occur along both Moore Road and Oldfather Road. ATTACHMENTS Location Map; Executive Summary (prepared by the Applicant's consultants); Minutes from May 30, 2007 Planning Commission meeting. RECOMMENDATION This item is a presentation for informational purposes only. SUGGESTED MOTION No action required. _ La Vista Bonita _ _ _ A Rezo n i n g ~ ~ \ Case No. PCZ-06138 TOWN OF MARANA _ _ _ ~ ~ . . ~ Subject~ ' Property~~~ ~ s ~ ~ ~ ~ ~ ~ ~ ~ i Data~iselalmer ~ . a. . : . - . , ' - The Town of Marana providss fhis m~p Intormatlon "As Is" at ths request of p3 the wer with the undent~ndiny that It Is not yuanntatd to be aceunte, , eorted or eompiete md eonclualona drawn Rom sueh IMorm~t(on ~re the responslWllty ofthe usec ~ 50o O 500 Fee} M no event shall Ths Tovm of Marans beeome liable to users of theae data, ~ ~ or arry othar party. for arry loas or dinct, indirect, ap~dal. Mcidsntal or eonaqu~Mlal damapn, MNudine 6ut not flmitad to tlme, monsy or goodwNl, aHs(np 6om the usa or modiFicaHon of the data. . . . . . . ~ - ~ < ,>.r . . ` , - . - i~ . . , ~ RE U EST ~ ~ ~ A request for a change in zoning from "R-144" ~minimum 144,000 square foot minimum) to "R-36" (minimum 36,000 square foot minimum) for a 1.5-lot single family subdivision on approximately 23 acres. ~ : MINUTES REGULAI~ MEETING OF T'HE MARANA PI.AI~TNTNG COMMISSION ` May 30, 2007 Marana Town Hal} Motion by Commissioner Wostenberg to approve the amendment to the Agenda with an adjustment to vote on Item A.2 after the presentation of Item B.1 - Second, Commissioner Noble - Approved 6-0 VIL ANNOUNCEMENTS Vice Chairman Post stated I would like to congratulate Russell Clanagan on his recent Town Council election victory. We are going to miss him. He was on the Commission for many years and did a great job. VIII. GENERAL ORDER OF BUSINESS A. Consent Agenda 1. Approval of Minutes Minutes of the March 28, 2007 Regular Meeting of the Planning Commission Motion to Approve by Commissioner Schisler - Second, Commissioner Wostenberg - Approved 6-0 2. ENG0612-005 - La Vista Bonita (formerly Chip Shot) Design Exception from the Street Standards - A request for a design exception approval from the Town's Subdivision Street Standards for modifications to a private local street section within the project. (Item moved to after B.1. Hearing) B. Public Hearings 1. PCZ-06138 - Chip Shot Rezoning - A request to rezone approximately 25 acres of land from "R-144" (Single Family Residential, 144,000 square foot minimum lot size) to "R-36" (Single Family Residential 36,000 square foot minimum lot size) for the purpose of developing a 16-lot subdivision. The property is located south of Moore Road and west of Old Father Road. Tim Botton came forward to address the Commission. The site is bounded to the north by Butterfly Mountain subdivision, to the west by Sonoran Preserve on the Bajada, to the south by vacant and custom home un-subdivided property and to the 2 : MINUTES REGULAR MEETiNG OF THE ' MARANA PLANIVING COMMISSION ' May 30, 2007 . IVlarana Town Hall east by Tortolita Vista Specific Plan. The General Plan future Development Plan designates the property as "rural density . residential". This designation allows single family detached homes on very large properties including ranchette and estate lots with a maximum density of 0.5 dwelling units per acre. The proposed 16 lots on 23.82 acres equal an approximate density of .67 dwelling units per acre. Therefore, the increased density' requires a Minor General Plan Amendment to change the current "RDR" designation to "LDR" (Low Density Residential) with a target density of 0.6 to 3.0 dwelling units per acre. Based upon the amendment procedures outlined in the General Plan a one step increase in density such as i.e. RDR to LDR may be processed as a Minor General Plan Amendment. Further, the Minor General Plan Amendment request may be processed concurrently with a rezoning request and approved at public hearing. Moore Road is on the Town of Marana major rights-of-way plan with an ultimate total right-of-way width of 150 feet. The project will be dedicating a total of 45 feet of half right-of-way along the northern boundary of the property for the future improvements to Moore Road. In addition, the project will be dedicating 30 feet of right-of-way along the eastern boundary for future improvements to Old Father Road. The tentative development plan proposes a single point of access which will be gated by way of Moore Road containing a 36 foot private street section. As per the Subdivision Street Standards Manual, a 46 foot right-of-way width is required for this project; therefore, a design exception as listed on tonight's agenda is required for this. As a note, Northwest Fire signed off on this design exception as a conditional approval provided the on-street parking is restricted throughout the subdivision. The project will set aside 70% natural undisturbed open space (NUOS) and 30% disturbance. The 30% disturbed area will be distributed equally among the 16 lots and will be monitored throughout the platting process and the permitting process. A native plant permit shall be submitted during the platting process for the entire project and not on an individual lot basis. The owners and their representatives held neighborhood meetings located at Ironwood Ridge High School on March 20, 2007 and April 9, 2007. In response to resident concerns from the twa meetings the owners reduced the lot count from the original 19 lots to what is proposed tonight 16 lots, reduced building heights from two stories to single story (25 foot maximum) and redesigned the lot layout in order to increase buffering and view sheds for adjacent properties. Staff has reviewed the request against the requirements of the Marana Land 3 _ NIINUTES REGULAR MEETING ~F THE MARAI~TA PT~ANNING CUMl~I~SSION` . May 30, 20fl7, Marana :Town ffall Development Code and the General Plan. Therefore, Staff is recommending approval of Case No. PCZ-06138 La Vista Bonita rezoning, subject to staff-recommended conditions. Commissioner Winger asked in this packet that you provided I gather from here that all of the structures have to be one story. Is that correct? Tim Bolton answered that is correct. Commissioner Winger responded because in this packet it states on page 41C that only the perimeter lots have to be one story. Tim Bolton responded that could be a grammatical change, but it is that the entire subdivision will be limited to single story structures with a maximum height of 25 feet. We can update that prior to forwarding it to Town CounciL Commissioner Winger stated it is on page 41 C and states that the perimeter lots shall be limited to one story or 25 feet in height. . Tim Bolton responded that it will be taken care of. Kevin Kish stated also within the Staff Report we have a condition referencing the single story/25 foot element as a requirement recommended as part of this approval on condition number 9. The principal and accessory buildings shall not exceed one- story or 25 feet in height. Commissioner Wostenberg asked along those same lines I am also looking at page 24 under Design Exception Report. On the exception that we will be voting on fater it talks about the new draft standard about 20 foot pavement width, but on page 24 of the book it talks of a 28 foot pavement width as being a request for the design exception. Tim Bolton answered that is correct changes were made prior to the meeting so the updates were not included. What is shown on the design exception is what is proposed and we can make those updates as well if we just make note of the page. Commissioner Wostenberg asked along the same lines the adjacent subdivision Sonoran Preserve on the Bajada, we had discussed at the Planning and Zoning before and they had the smaller pavement width at I believe 24 foot and they were also required to have additional onsite parking for non-garage parking and two garage parking. I do not see anything in this report about parking requirements. What are they? Tim Bolton answered as far as the design exception is concerned it was conditionally 4 ' MINUTES REGULAR MEETING OF'THE MARANA. PLANNING COMMISSTON May 30, 2007 Marana Town Hall approved by Northwest Fire. Parking will be restricted for on-street parking. Being that they are relatively large custom home lots, we could make the provision to compensate for the lack of on-street parking. Commissioner Wostenberg responded that the Sonoran Preserve on the Bajada even though it was R-8 zoning they were done as R-36 for septic tie-ins as well. I believe for consistency throughout the Town we should be looking at similar parking requirements. Kevin Kish stated I believe the Commission added the condition on the Sonoran Preserve on the Bajada because of that concern as well for that standard. If Commission chooses it can add that condition tonight- onto this as well. Mike Steele from Tierra Planning Services came forward to address the Commission. As Tim outlined for you we are proposing what for you is probably a fairly small project of 16 lots. The lots range from 1 to slightly under 2 acres. It is proposed to be a private road development with a single gated entrance off of Moore Road. There will be no connection to the adjoining neighborhoods. The project also as Tim mentioned is a mandatory set aside of the 70% of that site for permanent natural areas. We do want to take a second to thank the Staff. We have been working on this for a while. We have worked with several different departments and also with some of the neighbors. We believe that today the design on this project has improved from where we started several months ago. We also think that because of the way it is designed that it is compatible with the neighborhoods to the east and west along the Moore Road Corridor in regards to density, value and design. I will point out that before we started design on this site we spent a fair amount of time on field investigations on this property. We looked at the archeology on the site, native plants, and washes and designed the site specifically to try to minimize impact on these issues. For example we did find as a result of the archeology studies that there are Native American sites on this property. We designed the road systems to avoid these. o As Tim mentioned we had two different neighborhood meetings on this property. At the first meeting there were quite a few things discussed and as a result of that first meeting the owner asked the design team to redesign the site. The major design changes are we did voluntarily agree to limit the height of all the structures to one story or 25 feet. We increased some of the lot sizes by decreasing the tofal lot count. We originally proposed 19 lots for the site and we decreased it to 16 lots. We also moved 5 NIINUTES REGULAR MEETING OF THE MARANA PLANNING COMMISSION ' May 30, 2007 Marana Town Hali the road system and cul-de-sacs further north closer to Moore Road away from the homes to the south of us and some of the farger lots were put on the south side of the site because there are existing homes just to the south and that was a concern. The redesign that we worked on as a result of the second meeting is reflected in the documents that you looked at this evening. We have reviewed the Staff Report and the recommendations and concur with them. We have no objections to any of the conditions proposed by Staff on this case. Commissioner Schisler stated that he would Iike to commend you on listening to the neighbors and making the changes. I noticed on your plans that there are not any ironwood trees. Are there going to be any? Mike Steele answered I cannot tell you off hand from the surveys that we did whether there are any. I don't recall having those listed as major plants on the site. Commissioner Schisler responded I did not see any on them. I was wondering if they faded out closer to Tangerine. There are neighbors in the area that are concerned about the ironwood trees. Mike Steele stated if we have them, we will protect them. Commissioner Schisler asked has Tucson Water responded to your assurance to water availability. Mike Steele stated we do have a letter from Tucson Water that is good for one year. Commissioner Schisler asked on the drainage it looks like there is not a whole Iot being done. Is Staff satisfied with the layout and drainage? Aaron Suko answered yes sir. There are some fairly significant washes going through the site and they have done the lot layout to account for those. There will be minimum impact upon the buildings. Of course we will further refine this during the development and the improvement plan review process. Commissioner Wostenberg asked the applicant has stated that they accept the Staff Conditions, what about potential for the parking conditions. Mike Steele answered if somebody could give us specifics about it and what is being proposed we would be happy to respond to that. Commissioner Wostenberg stated on the adjacent parcel to the west we had required them to have the two-covered parking and four non-covered parking which 6 , MINUTES REGULAR MEETING OF THE MARANA PLANNYNG COMMISSION May 30, 2007" Marana'Town Hall will be on site because the street did not allow for any parking on the street. We want to account for any guests or gatherings. Mike Steele responded what has been being proposed on this site are custom home designs and our assumption is that there will be fairly large garages to begin with. In our initial conversation we did not see any problem accommodating the four car count. Vice-Chairman Post opened the hearing to the public. Bill Kazaros came forward to address the commission. The reason I am here is because I want to speak against the proposed rezoning. 1 have property that is just south of the proposed rezoning area. I did go to a couple of those meetings that the applicant had for the neighbors to comment, but it was pretty much this is what we are going to do and we are not interested in what you have to say. It was very much this is just to let you know what we are going to do. The big problem I have is that the subject property is not in conformance with the homes south of there. That is where I have a home site. My concern is that when that project is built, it is not going to be as it is being proposed tonight. It was mentioned having parking space for four cars for a substantial home. You have a big house, the roads coming in, septic tank, leach field - and only 30% of that parcel is going to be disturbed. It is impossible. I think that those involved with those types of plans know that it is not possible because 1 have consulted with builders and they have told me it is impossible. What they will do is actually go above the 30%. I am very concerned that this builder is not one that we have a track record of. These are going to be 16 homes built on a property that should be 30% disturbance but it is going to go to 40%. My concern is that by giving this applicant an approval on the rezoning it will result in the taking from me and my property because it will diminish the value of my property. I am not opposed to the property being developed, but I don't think that this is a realistic application. I think that the applicant realizes that. 1 am thinking that the Commission should send it back for reconsideration. Cathy Cross came forward to address the Commission. Our property is located immediately south of the southwest corner of the Chip Shot (La Vista Bonita) Development. I feel strongly that the land we are discussing should remain R-144 zoning with the following being my primary issues: As already outlined by Mr. Banks and his company a 1 acre lo~ development sits immediately to the east and one to the west of this parcel. It is for this very reason that I feel it is critical that this section not become a repeat of the same. This area serves as a natural corridor to wildlife passing in and out of the Tortolita Mountains. My neighbors and I have seen some coyotes, javelina, deer, tortoises and other creatures traveling through our land as they forage and move around the area. Cobblestone streets, one acre lots and gated entries may sound attractive to new home buyers, but they are unwelcome barriers to our desert animals. 7 MINUTES REGULAR MEET~G OF THE MARAN~ PLANNING COMMISSION ' May 30, ZU07 Marana`Town Hall My second concern relates to the water flow that wiil be aitered by homes built to the north of us. Currentty Mr. Banks has located 5 homes on the western end of this parcel in the area of a wash that crosses our land. With each house pad, driveway, and each culvert that is put into place the monsoonal run-off will increase as it reaches our property. With the R-144 designation it is reasonable to assume that only 2 homes could be placed at this end which would provide greater assurance that our wash would retain a more natural flow. My final comment begins with a bit of history. My husband and I began our search to purchase land for our home a number of years ago and after a great deal of research and a number of conversations with Marana Staff we selected the piece on Majestic Saguaro and we completed the construction of our home this last October. We knew of the Sears Development that would border our property on the west and we knew of the Cottonwood piece further to our east and accepted those higher densities. We also knew that the land north of us would be developed, but at the same R-144 density as all other properties around us. I am sure that Mr. Banks knew this was the zoning when he purchased this property. We are here tonight because he chose to gamble that he could get a higher density zoning for this land in order to increase his investment. That gamble was his to make but is inconceivable to me that he is also able to gamble with my family's investment and our dreams and with that of our neighbors. It should not be acceptable for one person to so seriously alter the landscape that impacts so many others just simply because he wants to. Roger Whitney came forward to address the Commission. Back in the early 1980's my wife and 1 lived on the east side of town and being military we were transferred away but always new we would return to this area. In 2003 we began to look for property. We looked in other surrounding areas and finally decided on our current location. Our dream and decision to buy our land and home was based on the strong deed restrictions of the property of more than 3 acre lots south of the property in question. The desire to be away from traffic and noisy neighbors we experienced in northern Virginia was the primary reason we bought our property and the home we truly enjoy. We and our neighbors have even gone through the process of naming our little dirt road to West Majestic Saguaro Lane. We presently own close to 4 acres that our home is on as well as another 5 acres adjacent to our home with the explicit purpose of preventing anyone from interrupting our views, privacy and peacefulness. We could have chosen another site but specifically invested in this pristine location for the openness not only for us but also for the wildlife that roams freely and which are becoming very scarce due to rezoning and building near our neighborhood. The property to the west of us on Moore Road and Camino De Oeste is being developed into a parade of homes which will be a definite enhancement to our neighborhood and to the Town of Marana. We were aware of this subdivision when we bought our property. The homes are being built by quality builders which most likely will insure our property values are maintained and perhaps increased. The same can be said of 8 ' MINUTES REGULAR MEETING OF THE ` M~iRANA PLANIVING COMNIISSION May 30, 2007 . 1Vlarana`Towrr Hail the area on the north of this property of ButterFly Mountain. It has the same zoning as our property of R-144. Mr. Banks as land owner will sell his property and has no interest or control over who the builders will be. He is interested in making his money and moving on. It is not a certainty that there will be a Homeowners Association as he has discussed to enforce the CC&R's that Mr. Banks has spoken of. Furthermore, he will have no control of the Homeowners Association or the CC&R's. We as a group have asked Mr. Banks to sell his lots in conjunction with the current R-144 zoning which will allow for 8 houses instead of 16 as proposed. He indicated that he would not even entertain that idea. Please understand that I am opposed to any rezoning to less than R-144 based on the interruption of the wildlife that continues to exist as well as the potential devaluation of our property and our neighbors' property, noise pollution, and senseless disruption and destruction of our beautiful desert. Please consider the wishes of the neighbors who live there and are here to protest the rezoning. Jack Stebe came forward to address the Commission. All the residents, not builders, not landowners that we have spoken to are opposed to this plan. The Marana General Plan would need to be changed to give this higher density. land usage. I am really afraid of .6 all the way up to 3 per acre if something happens to Mr. Banks who is to prevent that from happening. Terrible precedent for the remainder of the corridor is really my main concern. Sears was in place before our Deed Restrictions. Our Deed Restrictions have been in place for almost 25 years. We new what that Mr. Sears was going to do what he was going to do and that it will be a pretty nice place to be and it is great for the Town of Marana. The other thing that really concerns all of us is the numbers don't work. The land that is in Mr. Sears' project, the disturbance is .5 or 50%. Builders there have to get variances to go beyond that to get the septic systems in. This I know is true because I have talked to a couple of the builders. If you talk to your inspectors they are going to tell you that they are not able to do it with smaller houses. Mr. Banks is talking about 4,000 square foot houses and at Sears they are not quite that large and are still not able to do it on 50%. So the numbers don't work. So I am saying please help us. Do the right thing. Try to help us to keep it the same. Please visit the site. Please read in the package the Deed Restrictions that are pretty restrictive. They are not uniformly enforced, but they are there and are the reason that a lot of us bought property there. It is because there are restrictions against doing just this. I talked about the numbers not working and I did not even mention the riparian because that has already been covered. The other finro plans were in place before we moved there. The top bullet is .5 of a house per acre versus .6 to 3 houses an acre. Although it is categorized as a minor change to our Plan and Town, it sure is not a minor change to those of us living there. We are an R-144 Butterfly Mountain type acre. That half mile by one mile parcel is currently correct. The key words in the Title 5 manual that is in the Town are for R-144 and R-80 are protecting existing and proposed rural and low-density in environmentally sensitive areas. You have it right. R-36, the key words are single-family residential. It is right out of our own book. 9 MINUTES 4 REGi1LAR MEETING OF'THE ' MARANA PLANNING COMMISSION May 30, 2007 Maran~ Tofvn Hall Existing residences are currently on big lots. We are sensitive, very sensitive to the place that we live. We want to have your help in trying to keep it that way. This is what the road looks like now. It is a crummy old road and we love it that way. ~ Theresa Hess came forward to address the Commission. I would like to briefly indicate that we are very peaceful people. I can appreciate what he is trying to do for possibly his family and himself. But, I think the few people that sit on our side of the room actually represent more land ownership than Mr. Banks. I think that is important in terms of acre per acre. We have more people present here today to speak for our small amount and what we are doing to preserve it and keep the value heightened. I also attended a plan meeting with these gentlemen and there were some questions posed and there was the inability to answer several of them. We asked to review the proposed CC&R plans and there was inability to answer what would be on them. It has been at least a month or two and I have yet to see anything. We have given them names, addresses and emails. I think it is important to point out that one of the primary things he indicated was that there would be no connection to the adjoining neighborhoods. I think that is key, and shows that they want no connection to our neighborhood. We do want a connection and to be able to preserve it with the current zoning. Drainage is important. I don't have the education to speak on that. I do know that in reviewing a couple of the different drainage plans that it does seem to impact those that live north of ine. Dan Cross came forward to address the Commission. I am opposed to this rezoning for many reasons. This gentleman purchased this lot knowing it was zoned R-144 and now he wants to double the lot yield from 8 to 16 lots. t know of no circumstance where something is bought and subsequently a demand is made to double the product. While characterized as a minor change, technically this is a 100% increase in density. That is not minor. It will have a huge negative impact on the area, neighbors and certainly the environment. It will be double the homes, cars, & noise. We keep hearing the emphasis being placed on two nearby developments on acre lots that were granted years ago. Those nearby developments are actually aberrations and not the dominant theme in this area. The dominant theme is 3.3 acre and 4 acre lots evidenced by Butterfly Mountain, Saguaro Ranch and virtually everything south of these 25 acres. At one point in their document they refer to the south area as containing lots ranging in size from 0.96 acres. In fact, there are two acre lots which make up 4 tenths of a percent of the whole south area. We understand from Town sources that this part of Marana is considered a highly valued show place considering Saguaro Ranch, Butterfly Mountain and the upcoming Parade of Homes. The area will have much greater appeal with this parcel maintained at R-144 when it is bracketed by denser parcels east and west of it. Critter pathways and water shed are also enhanced by maintaining this at R-144 due to the loss of critical space east and west. The Land Development Code of the Town of Marana calls for the intent of R-144 zoning to quote "encourage large lot residential subdivisions and to allow for limited 10 ` MINUTES REGUL;AR MEETING OF THE ; MARANA ~LANNING COMMISSION ~ < May 34, 2007 ~ ~ ~ ~ ~ ~ Marana Town Hall residential development in an environmentally sensitive area". This area is perfectly aligned with this statement. The Planning Commission and the Town Council have a chance here to forever preserve a pristine and sensitive site. A 100% increase in density in this area is not acceptable and is an unhealthy choice. When we bought our property we did our due diligence and we felt Town staff assured us of the solidity of the adjacent R-144 zoning. It is unfair to change this now. Mike Steele came forward to address the Commission and respond to the neighbors concerns. We certainly understand the concerns of the folks in the area, particularly the areas south of this project. Those are large lot properties and some have been there for a while. We obviously do look at this a little differently. In talking about corridors, if you look at Moore Road right now, the missing piece in that corridor is our piece on the south side of Moore Road. The densities to the east and west of us along the south side of that major arterial roadway are basically higher than the density we are proposing. So we are basically looking at putting in a density that fits right along the south side of Moore Road and is actually a transition for the traffic and intensity on Moore Road to the properties to be further to the interior away from the road. You can see this same pattern to the west of us. You see larger lots along Moore Road and farther south you start seeing large lot projects. We think it makes sense from a land planning point of view in terms of adjacency to major arteriats with the tra~c and noise that are generated by larger arterials. There were a couple of comments made about disturbance and whether we can or cannot meet the disturbance. I am sure that the Commission is aware, but for the record I will say this, if the Commission puts a limit on this it then becomes a condition on the site that will be transferred to the subdivision and platting process and will also be transferred to the building permit issuance process. Whatever limits you put on the site basically stays with this property. Our experience with Marana's staff is that they are very conscientious about these things. They do follow-up and they will track it. There is a system in place to do so. We have no objection to it. We have had an architect look at our designs and plans in terms of custom homes. It is an experienced ~ architect doing custom homes. He is very comfortable with our disturbance levels. We didn't just make up disturbance levels we did that after looking at actual possible house designs. We could not have formed a Homeowners Association because we have no homeowners. It is a condition for having a Homeowners Association. The owner at the meeting said at the meeting in a couple of different ways that we will be forming a Homeowners Association as a part of the process that is expected as part of a custom home and gated community. They will review all the architecture on the site, proposed plans for the development and they will be there post construction because they have to be in place for a number of reasons. Number one for the market and number two 11 MINUTES REGULAR MEETING.OF THE ' MARANA PLANNING CIOMMTSSION'` May 30, 2007 Marana Town Hall because these natural areas are basically observed and protected through the Homeowners Association. . With regard to wildlife movement we are certainly concerned with that too. My company for example has biologists on staff and we do wildlife assessments and natural area assessments as well as habitat and vegetated community. My background is in environmental science so I am sensitive to that. The reality is the big block to the wildlife movement to this area is already in place and is going to get worse. Eventually Moore Road is going to be a major arterial. It crosses the north/south corridors movement for wildlife in this area along the wash lines. That is going to be the major disturbance for wildlife in this area. Our site plan basically tries to keep the disturbance out of those washes. If wildlife migrates across those roadways or under the roadways I don't know what the design for the city is for under culverts or crossings for wildlife there. Basically it is pretty open movement along those washes and those heavily vegetated areas on our site. We don't believe are site would really interFere much with wildlife movement. I think the major disturbances have already occurred on the north with Moore Road and Majestic Saguaro on the south side. There have already been roadways cut across those wildlife corridors. Again with regard to CC&R's we tried to explain a couple of times that we don't have any. That is typically done at the subdivision platting stage. We would be happy to provide those to anybody. They are public documents that go in with the plat. Everyone will review those. We have no objection. We made statements verbally and in writing to the neighbors about the limitations that we will put in the CC&R's. We will be happy to send that to anybody that is interested. We don't typically produce CC&R's at this stage of the project. With regard to diminution of value or impact on value, our experience is that private gated communities with custom homes do not diminish the value of surrounding properties. We believe that properties in this area, from the research that we have done, typically today are selling in the range of $250 to $300 a foot_ That would put custom homes of 4,000 feet on our lots in the million dollar range. These are not starter homes. They will be expensive custom design homes. Our experience is that these kinds of projects add to the value. They are certainly in the range of the value of the homes in that area and we don't see any negative impact on the adjoining property values. Additionally, the way this site is designed was to protect water sheds, to make this fif into the area nicely, to protect the washes, the front door to Moore Road will be a very attractive natural setting at the gate. So it is going to be a real value added project for that area. We hope it would add tremendously to the value of the folks just to the south of us as it would to the people on both sides of us on Moore Road. The final comment is the affect of our design on downstream or storm water. Basically we are not disturbing the washes. There will be very minimal disturbance on our site. We have to comply with voluminous rules with regard to the storm water control. We 12 MINUTES' REGULAR MEETING OF THE ' MARANA PY.ANNING COMMISSION May 30, 2007 Marana Town Hail cannot damage people downstream from us with additional storm water flows. Your Staff will not allow that. The plans that are reviewed will control that kind of thing. We are not doing mass grading or bulldozing the washes. We are protecting most of the natural area which helps with ground water, filtration and absorption. We certainly hope that no one downstream from us would have any problems. We don't believe there would be any because of the design controls in place and the design of the site. I believe that the density we are talking about is consistent with the density that you atready have in place on both sides of Moore Road east and west. Those densities are not really rural densities. You are looking at something that is not 4 or 5 acre projects on either side of it. We do want to fit in the neighborhood. It does need to work from a market point of view and an appearance point of view. What we are saying is this will fit as it exists and the General Plan does make sure our projects fit within the existing density and the design of the communities around us. That is what we are proposing. Commissioner Winger asked the Staff regarding the properties that are to the east and to the west, when were they zoned for the higher density? Were they zoned recently or were they part of the General Plan? Kevin Kish answered the properties to the west were entitled many years ago. The projects to the east, Tortolita Vistas, were entitled approximatefy a year and a half to two years ago and that went through with the Specific Plan. It did go through a referendum effort and then a modified or revised Specific Plan came forward and the referendum was withdrawn. Commissioner Winger asked now are they also on septic? Kevin Kish answered Tortolita Vistas is going to extend sewer to serve their property. The one to the west Sonoran Preserve on the Bajada is on septic systems. Commissioner Hestwood asked regarding the 30% disturbance are there circumstances where people have to get variances to disturb more than the 30%? Is that a common phenomenon? Kevin Kish answered we haue not processed any variances to increase disturbance area. There have been some projects that have gone back through the process and that is if they were constraint by an agreement with Fish & Wildlife that has allowed them to increase. For instance Butterfly Mountain started off 18 under their agreement with Fish & Wildlife. They actually went back and re-consulted and increased it to the 22% that you see now. We pretty much hold them to that. The concept though is that it is at 30% overall project so as the project develops it is possible to get to the last few lots and find that there is not much disturbance left or as in this case as the our 13 MINUTE~ REGULAR MEETING OF THE MARANA PLANNING COMMISSION Ma~ 3Q, 2007 Marana Town Hali conditions are going to require that during the planning stage they will be assigning the square foot of the disturbance per lot area. Based on the survey that we will require, we will make sure that those are being held to. Vice Chairman Post closed the public hearing. Kevin Kish mentioned to the Commission just as a reminder the Design Exception is also a portion of this Agenda Item based on the earlier amendment to tonight's Agenda. Vice Chairman Post asked is it part of this motion? Frank Cassidy stated actually it was not announced as part of this item so your probably want to vote on it separately. It seems to me that if you turn down the rezoning you probably don't need the next item. Motion to Approve by Commissioner Hestwood Case No PCZ-06138 La Vista Bonita Rezoning subject to Staff recommended Conditions plus the additional condition that was added by Commissioner Wostenberg - Second, Commissioner Wostenberg - Denied 4-2 (Opposed Vice Chairman Post, Commissioners Winger, Schisler, & Noble) 2. ENG0612-005 - ~a Vista Bonita (formerly Chip Shot) Design Exception from the Street Standards - A request for a design exception approval from the Town's Subdivision Street Standards for modifications to a private local street section within the project. Motion to deny was made by Commissioner Wostenberg ENG0612-005 La Vista Design Exception from the Street Standards - Second, Commissioner Hestwood - Denied 6-0 Frank Cassidy stated it seems like the Exception is mooted. I am not sure you really need to take it up. You have a couple of ch~ices on this. If they were to resubmit as an SR subdivision plat, they have the design exception for the narrow streets it could apply to that. Or you could simply continue it and then when they come forward, even if Council approves the rezoning, the design exception can be brought to you with the tentative plat or you can take it up now and table. Vice Chairman Post stated we already have a motion and a second on the floor to deny. 14 The La Vista Bonita exhibits are on file and available for viewing from 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays, at the office of the Town Clerk, 11555 W. Civic Center Drive, Marana, AZ 85653. OwN ~F TOWN COUNCIL MEETING TOWN OF MARANA 9 ; INFORMATION '~RIZON~' MEETING DATE: September 18, 2007 AGENDA ITEM: E. 2 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director AGENDA TITLE: Presentation on the DeAnza Specific Plan DISCUSSION The DeAnza Specific Plan has been scheduled for a public hearing before the Town Council on October 2, 2007. The purpose of this presentation is to familiarize the Council with the Specific Plan prior to that meeting by providing a summary of the project, which has been included in this packet, as well as a presentation by the applicant's representative. The DeAnza Specific Plan proposes a change of zoning from "C" (Large Lot) to "F" (DeAnza Specific Plan) to allow for the development of a 311-1ot single family subdivision on approximately 133 acres of land. The Plan is separated into two distinct communities. The first is "DeAnza Estates" a large lot subdivision containing 40 acres located in the northern portion of the property. DeAnza Estates proposes 14 single family residential lots with a minimum lot size of 36,000 square feet. The second is "DeAnza", a smaller lot subdivision encompassing the remaining 93 acres of land. DeAnza proposes up to 297 single family residential lots with a minimum lot size of 4,500 square and an average of 8,000 square feet. The subdivision design is a concept referred to as "Coving." The intent of this type of lot layout is to provide openness and a variation of building setbacks and building separations thus creating large open meandering greenways along the front yards on individual lots. Staff as well as the applicant's representatives will be available to answer questions or concerns the Council may have. ATTACHMENTS Executive Summary and location map. RECOMMENDATION This item is for a presentation for information only. SUGGESTED MOTION Information only. r ~ i i~~ Updated Executive Summary August 15, 2007 PCZ-05113 Executive Summary Update 8.1 S. 07 On June 27, 2007, the Town of Marana Planning and Zoning Commission brought to public hearing the DeAnza Specific Plan (PCZ-05113) for the first time. DeAnza is a 133-acre master planned neighborhood located in Marana on the west side of Hartman Lane and north of Cortaro Farms Road. The community is designed with an innovative planning concept referred to as "coving." The primary benefits of the design as compared to a traditional, linear, subdivision layout are increased open spaces, connectivity, traffic safety, pedestrian friendliness, variation and sustainability. DeAnza was continued during the meeting to August 29, 2007 due to unresolved planning issues primarily related to the percentage of natural open spaces, height/story restrictions, hydrology design, traffic and access. Subsequent to the P&Z hearing, Red Point Development (RPD) conducted additional meetings with Marana planning staff on July 19 and August 10 to respond to issues discussed during the hearing. In addition, RPD met with the Cortaro Ranch HOA executive board on July l Oth and with US Fish and Wildlife (Scott Richardson and Corby Lust in attendance) on July 26th. As a result of the P&Z public hearing, meetings held with neighbors and USFWS, RPD has made significant changes to the plan as summarized below. Issue: Staff recommends that the natural open space areas be increased to SO% of the project size. Response: Significant changes have been made to increase the amount of open space within the project. Natural, Undisturbed Open Space (NUOS) areas increased from 14% (19 acres) to 31.3% (41.6 acres) and total open spaces increased from 29% (38 acres) to 44.1% (58.7 acres). The attached Exhibit A summarizes the open spaces within the project and highlights the fact that the project exceeds the NUOS areas of recent, comparable projects in the area (Willow Springs and Hartman 10). In response to Marana staff and USFWS recommendations, an approximately 2.9 acre "node" of natural open space has been carved out in the middle of the project to accommodate riparian areas and further facilitate wildlife movement (the modification also improved the overall interceptor channel design from an aesthetic perspective). Although the estimated overall lot count has reduced by 20 to accommodate the additional natural areas, the coving concept of the project has remained intact. Issue: Height/Story restrictions on Estate lots and "coved " lots bordering Cortaro Ranch residents. Response: RPD has agreed to place a one-story restriction on all homes to be built within the DeAnza Estates portion of the project. Furthermore, RPD has agreed to place a one-story restriction on any lot in the project that directly borders an existing residential subdivision property line; primarily Cortaro Ranch to the south. Issue: The proposed DeAnza interceptor channel design negatively irnpacts environmental compatibility and visual appeal. Two questions were asked in review of the interceptor channel. (1) Are there any alternatives to a fully lined soil cement channel? (2) Is there an alternate configuration that better prornotes wildlife connectivity with less impacts to the natural surroundings? Response: RPD has held several meetings with engineers (CMG Drainage, Presidio Engineering) and environmental consultants (Westland Resource) to further discuss drainage options. Due to the high flow volumes coming into the project from the east and north, significant stabilization measures must be made. The alternatives that were discussed, but rejected, are summarized as follows: A natural bottom solution: Rejected because regardless of the configuration or location of the wash, a natural solution does not contain the 100 year flood event or alleviate head-cutting and erosion. As the property stands in a natural state, engineers believe conditions are unstable for the Cortaro Ranch subdivision. Regardless of development density for DeAnza, the southern portion of the property requires the protection of a stabilized drainage channel. The channel provides protection for Cortaro Ranch and future erosion of the DeAnza property and Hardy Wash. Use ofRip Rap for entire channel instead ofsoil cement: Rejected because the size of boulders for the channel bottom needed to handle and "slow" the flow rates would be unreasonably large and would not be compatible with the surround natural environment. In addition, this alternative would not eliminate the need for grouted rip rap and/or soil cement from the channel sides. From an engineering perspective, this is not a sustainable solution due to the high flow volumes. Use of intermittent concrete dissipaters to allow for some natural bottom sections within the channel: Rejected because the number of the concrete dissipaters would be so frequent that any natural bottom sections would be few. The overall look of numerous concrete dissipaters within the channel would not be preferable to a soil cement solution. Narrowed channel to increase natural open spaces: Rejected because channel would need to be entirely concrete with vertical sides and would not be conducive to allowing wildlife movement. As suggested by Scott Richardson of USFWS, a 1:1 sloped channel would not allow for wildlife movement where the proposed 4:1 soil cement slope would be used by wildlife. This channel is the least aesthetically pleasing alternative due to its manufactured design. Proposed Alternative: RPD has redesigned the interceptor channel to allow for increased natural open spaces and provide for wildlife movement as shown in the attached Exhibit B. This alternative moves the channel south, directly adjoining to the rears of the coved lots. This modification increases natural open space along the northern boundary by providing an approximately 31' wide natural buffer to any properties to the north. In addition, a 2.9 acre pocket of natural open space was taken out of the coved lots at approximately the middle of the channel as suggested by Marana staff and USFWS to preserve more riparian areas and facilitate wildlife movemet. This also improves the visual appeal of the channel by breaking up its linear look. A 4:1 slope on the north edge of the interceptor channel allows for wildlife movement within the channel bottom and access to adjacent NUOS areas. Issue: Increased traffic along Hartman Lane is a concern of existing residences. What improvements will be made by the developer? Response: The developer agrees that all entrances for the DeAnza project will have turning improvements to Hartman Lane. This includes right and left turn lane lanes. Issue: Will the DeAnza project provide permanent access to neighboring properties to the noYth at the west end of the project (those presently served by Joplin Ln.) and west of the DeAnza Estate lots? Response: RPD has agreed to provide permanent right of way along the existing Joplin Lane easement at west end of project. Furthermore, the DeAnza Estates roadway has been redesigned to allow access for residents west of the property. Hartman 10 residences have voiced concerns of safety and dust pollution regarding the existing dirt road easement on their projects southern boundary. The redesign of the DeAnza Estates will provide permanent, all-weather access to residents beyond the southwest corner of Hartman 10. Conclusion The current DeAnza Specific plan represents over two years of planning efforts between RPD, the Town of Marana, neighbors, HOA's, governmental agencies and public interest groups. This latest revision of the project represents the optimal balance of all community needs while maintaining an innovative, coved, approach to land planning. The concerns discussed during the June 27th P&Z hearing regarding NUOS, traffic, hydrology, height/story restrictions and access have been addressed. NUOS has increased from 14% (19 acres) to 31.3% (41.6 acres), total open spaces increased from 29% (38 acres) to 44.1% (58.7 acres), permanent access has been agreed upon for various neighbors, one story limitations have been placed, additional turn lanes for the project have been proposed, and the overall lot count has decreased. 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';-r:~~Z:'" . . . . ~ ~ ~ ~ f: • • • • • ~ • • • ! f - DeAnza ~ _ Specifc Pian ~ \ ca _ T~WN OF MARANA se No. PCZ 05113 Subject Property i, ~ . , . ;r . • ~ . r ~a . t j ~ P R ~ * i i~ ~ ~ 1~ t d t A • a t ~ • a i' t Y 6~ ~ :F • ' . ~ . Data Disclaimar The Town of Marana provides this map informatlon "AS Is" at fhe request of the user with the underatandioy that It is not yuaranteed to be accurate, oorreM or complste and concluslons drawn hom auch IMormation are the responslbllky offhs user, 500 O ~oo Feet * I~ no event shall The Town of Marena become liable to users of these data. r ~ or.any other party, tor any loss or dirsct, indirect, cpscial, incidenWl or coosaqusnHal damagas, ineluding 6ut not Ilmitad to 8me, monay or goodwiN, arising from the use or modffic$ton of the data. , RE UEST - _ A request for a change in zoning from "C" (Large Lot) to "F" (DeAnza Specific Plan for a 311-10 ~ t single family subdivision on approximatel 113 acr y es. _ . .,~_w ~~..w_ _ TOWN COUNCIL ~owN o,~ MEETING TOWN OF MARANA ~ , INFORMATION ° ' A' ~ '~RIZON~` MEETING DATE: September 18, 2007 AGENDA ITEM: I, 1 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk AGENDA TITLE: Resolution No. 2007-153: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a location transfer license for a No. 09 (Liquor Store) liquor license submitted by Ronald Michael Parucki on behalf of Fry's Marketplace #689, located at 12100 N. Thornydale Road DISCUSSION Ronald Michael Parucki, on behalf of Fry's Marketplace #689, is applying for a location transfer license for a No. 09 (Liquor Store) liquor license for premises located at 12100 N. Thornydale Road. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a"no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a"no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in a person-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in a location-to-location transfer need only prove that the granting of the license is in the "best interest of the community". Fry's Marketplace #689 ~_---~.~...~.,r..~a_~. _ u~_ The decision by the board to grant ar deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4-201, 4-201.01, 4-203; Rule R-4-15-102. RECOMMENDATION Staff recommends approval and recommendation to the state liquor board for this liquor license. SUGGESTED MOTION I move to approve Resolution No. 2007-153. -2- MARANA RESOLUTION NO. 2007-153 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A LOCATION TRANSFER LICENSE FOR A NO. 09 (LIQUOR STORE) LIQUOR LICENSE SUBMITTED BY RONALD MICHAEL PARUCKI ON BEHALF OF FRY'S MARKETPLACE #689, LOCATED AT 12100 N. THORNYDALE ROAD. WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Ronald Michael Parucki has applied for a location transfer license for a No. 09 (Liquor Store) liquor license on behalf of Fry's Marketplace #689, for premises located at 12100 N. Thornydale Road; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 12100 N. Thornydale Road for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on September 18, 2007, and has determined that it is in the best interests of the Town and its citizens that the application for a location transfer liquor license for Fry's Marketplace #689, filed by Ronald Michael Parucki for premises located at 12100 N. Thornydale Road, be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends approval of the application for a location transfer liquor license for Fry's Marketplace #689, filed by Ronald Michael Parucki for premises located at 12100 N. Thornydale Road, be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of September, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resalution No. 20(?7-153 TOWN COUNCIL .owN oF MEETING TOWN OF MARANA ~ , INFORMATION ° ~ ~RIZON~ MEETING DATE: September 18, 2007 AGENDA ITEM: I, 2 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk AGENDA TITLE: Resolution No. 2007-154: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new license for a No. 12 (Restaurant) liquor license submitted by Stewart Lee Roth on behalf of Fire, located at 12030 N. Dove Mountain Boulevard #104. DISCUSSION Stewart Lee Roth, on behalf of Fire, is applying for a new license for a No. 12 (Restaurant) liquor license for premises located at 12030 N. Dove Mountain Boulevard #104. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a"no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a"no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in a person-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in a location-to-location transfer need only prove that the granting of the license is in the "best interest of the community". Fire The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4-201, 4-201.01, 4-203; Rule R-4-15-102. RECOMMENDATION Staff recommends approval and recommendation to the state liquor board for this liquor license. SUGGESTED MOTION I move to approve Resolution No. 2007-154. -2- MARANA RESOLUTION NO. 2007-154 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A NEW LICENSE FOR A NO. 12 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY STEWART LEE ROTH ON BEHALF OF FIRE, LOCATED AT 12030 N. DOVE MOUNTAIN BOULEVARD # 104. WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Stewart Lee Roth has applied for a new license for a No. 12 (Restaurant) liquor license on behalf of Fire, for premises located at 12030 N. Dove Mountain Boulevard #104; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 12030 N. Dove Mountain Boulevard #104 for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on September 18, 2007, and has determined that it is in the best interests of the Town and its citizens that the application for a new liquor license for Fire, filed by Stewart Lee Roth for premises located at 12030 N. Dove Mountain Boulevard #104, be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends approval of the application for a new license for a No. 12 (Restaurant) liquor license filed on behalf of Fire, by Robert Stewart Lee Roth for premises located at 12030 N. Dove Mountain Boulevard #104. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of September, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Maiana Resolution No. 2Q07-IS4 TOWN COUNCIL ~owN oF MEETING TOWN OF MARANA INFORMATION 9 A : A ~ , MEETING DATE: p ~Q~Z°"~ Se tember 18, 2007 AGENDA ITEM: I, 3 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2007-155: Relating to Development; approving and authorizing a final plat for Saguaro Ranch Phase III-A. DISCUSSION History and Repuest The Town Council approved the preliminary plat for this project on November 21, 2006. Rick Engineering, on behalf of Saguaro Ranch Development Corporation requests final plat approval of a 34-lot custom home subdivision on approximately 178 acres within the Saguaro Ranch gated home community. The Saguaro Ranch Phase III-A plat is a partial resubdivision of Lots 43-45, Block 3 and a portion of Common Area "A" of the original Saguaro Ranch Final plat approved by the Town Council September 2, 2003, and recorded at Book 57 Page 57. Location The southern end of the site is located approximately one and one-half miles north of Moore Road and directly east Old Ranch House Road, within a portion of Sections 17 & 20, Township 11 South, Range 13 East. Zonin~ and Lot Size The Saguaro Ranch Phase III-A subdivision will consist of Lots 43-45, 66-96 and Common Areas "A" and "B". The zoning for the subdivision is RD-180 (Single Family Residential 180,000 square feet minimum lot size). The minimum lot size within this project is Lot 93 at 180,683 square feet with the average lot size of 202,525 square feet. The maximum allowable building height is 30 feet; however, the Saguaro Ranch CC&R's further restrict the maximum building height to 18 feet for residential buildings. Transnortation Plan Access to this portion of Saguaro Ranch is located within the main gated community along Old Ranch House Road beyond the tunnel and through the previously plated Saguaro Ranch plats. Access to all lots will be off of Common Area "A", which comprises the private street network. Disturbance The maximum allowable disturbance for the entire Sa disturbance for each buildable lot will be defined at the time aan adlnroject is 20%. The areas of will not exceed 27,000 square feet per lot as stated in generag note #16. Lot 79 is al o edea maximum disturbance of 33,000 s quare f e e t d u e t o a n agreement between Saguaro Ranch and 091807 PRV-04105 Sagurao Ranch Phase III-A FP TC.doc , the current owner when they were brought into the project. A proposed undisturbed area covenant must be submitted with each building permit application, which stipulates the future preservation of the undisturbed acreage. The final document will be recorded prior to occupancy of the house. Tracking of total site disturbance will be performed by the Town using the metes and bounds surveys submitted with building permit applications m combination with periodic surveillance of the site using aerial photography and geographic information systems. BeneGt Fee Area All home sites within the Saguaro Ranch Development are required to pay a park im act f $1,000 and a school impact fee of $1,200 per lot at the time of building permit issuance er the pre-annexation agreement adopted by Town Council on June 17, 2003, Resolution 2003-65. Su- m-_Y Staff has reviewed the request against the requirements of the Marana Land Development Code the General Plan and the Pre-Annexation Agreement. The final plat is in conformance with all required development regulations and design guidelines. ' ATTACHMENTS Summary of Application, location map and final plat reduction. RECOMMENDATION Staff has reviewed the application for compliance with the Pre-annexation Develo ment Agreement adopted by Resolution 2003-65 on June 17, 2003, as amended by Resolutions 2004- 42 and 2004-106, the rezoning conditions of Ordinance 2003.20, the Marana Land Develo ment Code and the Marana General Plan. This final plat is in substantial conformance wrth all required development regulations and conditions of zoning. Staff recommends approval of a final plat for Saguaro Ranch Phase III-A. SUGGESTED MOTION I move to approve Resolution No. 2007-155. -2- 091807 PRV-04105 Sagurao Ranch Phase [II-A FP TC.doc MARANA RESOLUTION NO. 2007-155 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR SAGUARO RANCH PHASE III-A. WHEREAS, Saguaro Ranch Development Corporation, Brent L. Slay, James C. and Mary Susan Williams, Bruce T. Halle, Jr., Marianne M. Parrs, Daniel E. Pearcy and Mittida Raksanaves, and Saguaro Ranch Investments, LLC, the owners of Saguaro Ranch Phase III-A have applied for approval of a final plat for 34 single-family custom homes and proposed guest ranch site on 177.71 acres, including lots 43-45, 66-96 and Common Areas "A" (private streets/public utility easements) and "B" (recreational), and is generally located approximately one and one-half mile north of the Moore Road and directly east Old Ranch House Road, within a portion of Sections 17 & 20, Township 11 South, Range 13 East; and WHEREAS, the Town Council approved the Saguaro Ranch Final plat on September 2, 2003, consisting of Lots 9-52, Blocks 1 through 4 and Common Areas "A" and "B"; and WHEREAS, the Town Council approved the Sa partial resubdivision of the original Saguaro Ranch final plat~onaN vember 21 2 06;land plat, a W H E R E A S, t h e Town Council, at their regular meeting on September 18, 2007, has determined that the Saguaro Ranch Phase III-A final plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Saguaro Ranch Phase III-A final plat, consisting of lots 43-45, 66-96 and Common Areas "A" (private streets/public utility easements) and "B" (recreational , and is generally located approximately one and one-half mile north of the Moore Road and directly east Old Ranch House Road, within a portion of Sections 17 & 20, Township 11 South, Range 13 East is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana A' this 18~h day of September, 2007. , nzona, ATTEST: ED HONEA, Mayor Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2007-155 The Saguaro Ranch Phase IIIA exhibits ar available for viewing from 8:00 a.m. to , e on file and through Friday excludin holida S• 00 p.m. Monday g ys, at the office of the Town Clerk, 11555 W. Civic Center Drive, Maran 85653. a, AZ ONN Oli' TOWN COUNCIL TOWN OF MARANA ' ' ' MEETING ° ` ' INFORMATION ~Q,ZON~ MEETING DATE: September 18, 2007 AGENDA ITEM: L 4 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2007-156: Relating to Development; approving and authorizing a final plat for Gladden Farms Block 16. DISCUSSION Request The applicant requests final plat approval for an 89-lot single family detached home subdivision on approximately 22.2 acres within the Gladden Farms development. Location ~ The proposed subdivision will be located in Block 16 of the Gladden Farms block plat, northeast of Tangerine Farms Road, between Gladden Farms Drive and Lon Adams Road. Zoning and Builder Information The zoning for Block 16 is R-7 (Single Family Residential with a minimum lot size of 7;000 square feet). The minimum lot size within this project is 7,114 square feet (lot 21) with an average lot size of 7,953 square feet. Gladden Forest L.L.C. does not yet have a builder for this subdivision. Once a builder has committed to this Block, staff will review the proposed floor plans and elevations for conformance with the adopted residential design standards. Transportation This project will have one access off of Tangerine Farms Road and will internally connect to Block 9 to the northwest. Park Requirements, Trail Connectivitv and Bene~t Fee Area Block 16 requires a minimum of 16,465 square feet of improved recreation area. The active recreation area has been planned for a portion of Common Area "G1", which is centrally located within the subdivision. This subdivision will provide two trail access points to the paseo that is located to the east. The builder will be responsible for all applicable park and transportation impact fees along with a school contribution of $900 per unit, payable at building pernut issuance. 091807 PRV-05099 Gladden Farnis Block 16 FP TC.doc ATTACHMENTS Summary application, location map and plat reduction. RECOMMENDATION Staff has reviewed the application for compliance with the development agreement adopted by Resolution No. 2001-156 December 4, 2001, as amended by Resolution No. 2004-24 February 17, 2004, Resolution No. 2004-102 July 20, 2004, Resolution No. 2004-172 December 21, 2004 and Resolution No. 2006-101 July 5, 2006, the Marana Land Development Code, the Northwest Marana Area Plan and the Marana General Plan. This final plat is in conformance with all required development regulations and conditions of zoning. Staff recommends approval of a final plat for Gladden Farms Block 16. SUGGESTED MOTION I move to approve Resolution No. 2007-156. 091807 PRV-05099 Gladden Farms Block 16 FP TC.doc MARANA RESOLUTION NO. 2007-156 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR GLADDEN FARMS BLOCK 16. WHEREAS, on December 4, 2001, the Town of Marana adopted Resolution No. 2001- 155, approving the final block plat for Gladden Farms, Book 55 Page 60; and WHEREAS, Gladden Forest L.L.C., the owner of Gladden Farms Block 16, has applied for approval of a final plat for an 89-lot single-family home subdivision on approximately 22.2 acres, including lots 1 through 89 and common areas "A-1"-"A-8", `B-1"-"B-5" and "C-1", and is generally located northeast of Tangerine Farms Road, between Gladden Farms Drive and Lon Adams Road, within Section 34, Township 11 South, Range 11 East; and WHEREAS, the Marana Town Council, at their regular meeting on September 18, 2007, determined that the Gladden Farms Block 16 final plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Gladden Farms Block 16 final plat is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of September, 2007. ATTEST: Ed Honea, Mayor Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2007-156 The Gladden Farms Block 16 exhibits are on file and available for viewing from 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays, at the office of the Town Clerk, 11555 W. Civic Center Drive, Marana, AZ 85653. aNN ~F TOWN COUNCIL MEETING TOWN OF MARANA q MA ; INFORMATION '~RIZON~' MEETING DATE: September 18, 2007 AGENDA ITEM: I. 5 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2007-157: Relating to Development; ratifying the recommendation of approval by the Silverbell Road Corridor Overlay District Manager's Design Review Committee regarding Continental Crossing Condominiums. DISCUSSION Request for Rati~cation EEC Inc., on behalf of DAZ7 - Sombrero Peak LLC, is requesting ratification of the recommendation of approval by the Manager's Design Review Committee regarding design review for Continental Crossing Condominiums. Location The project is located on 18.98 acres in the Pima Farms North Specific Plan area and is generally located on the southwest corner of Silverbell Road and Continental Reserve Loop. Silverbell Road Corridor Overlav District (S.R.C.O.D.) Desi~n Review Committee The Silverbell Road Corridor Overlay District applies to all new commercial and multiple family developments occurring within its defined boundaries. A Design Review Overlay is superimposed over the S.R.C.O.D. The purpose of the Design Review Overlay is to guide the general appearance of sites and buildings within the district. The Manager's Design Review Committee including five (5) members and one (1) alternate was formed to review and provide recommendation to Town Council regarding all new commercial development within the S.R.C.O.D. Per the requirements of the S.R.C.O.D. the Manager's Design Review recommendation shall be forwarded by the Planning Department to Town Council for consideration, which "shall act to affirm, or reverse, in whole or in part, or modify the Design Review Committee's recommendation." Pro 1 ect On August 30, 2007, the Silverbell Road Commercial Overlay District Design Review Committee voted unanimously to approve the design of the Continental Crossing Condominiums development based upon the stated objectives of the S.R.C.O.D. Continental Crossing Condominiums represents the first of a 25.4 acre two-phased multi-family residential, commercial/retail project. The first phase encompasses approximately 18 acres and includes 20 buildings with 200 condominium units on 13 acres, 1.3 acres of recreation space (pool, playground and clubhouse), and 3.6 acres of open space. The second phase is for a six-acre commerciaUretail project and will require review and approval by the Manager's Design Review Committee and Town Council. The 091807 Continental Crossing Condos SRCOD Design Review DPR-06135.doc six-acre commercial site is located along Silverbell Road next to the existing convenience store (Quik- Mart) and is subject to the review of the Design Review Committee. The multi-family buildings are designed to resemble large single family houses. The total square feet of the units vary from 800 to 1691 square feet. Each unit is to have a washer/dryer hookup, full size kitchen, one to three bedrooms, one to two bathrooms, and a small private patio. Each building will have ten units and a private garage, and a patio or balcony, for each unit. The ten garages share the ground floor with three single story units, while the second floor has seven units accessed by private stairwells. All units will have a secured exterior entrance that leads guests directly into the ground floor units or into the private stairwells for the second floor units. There is a clubhouse and recreation center located near the main entrance of the development. The clubhouse is a two story building with similar architectural style as the rest of the buildings. The residential buildings will be of wood frame and stucco construction with a variety of framing elements that highlight the insulated doors and aluminum framed windows with arched brows and stepped sills. The roofing will consist of complimentary colored concrete 'S' roof tile on hipped and gabled roof forms. There are no mansards or parapets since mechanical equipment will not be mounted on the roof, but placed on the ground amidst the landscaping. Each side of each building is designed with architectural elements such as clay pipes, wrought iron elements, stone veneer and attractive lighting fixtures. The maximum allowable building height is 34 feet; the applicant is proposing 32.8 feet. The proposed design review application was reviewed by staff for compliance with all applicable design, development and performance standards and guidelines as required by the Silverbell Road Corridor Overlay District. This design review application is in substantial conformance with all required development and design standards and guidelines. ATTACHMENTS Summary application, applicant's project description, exterior elevations, floor plan, gate and monumentation exhibits, landscape plan, and site development plan. RECOMMENDATION: Staff requests Council approval to ratify the recommendation of approval from the Silverbell Road Corridor Overlay District Manager's Design Review Committee for Continental Crossing Condominiums located at 8695 N. Silverbell Road in Pima Farms North Specific Plan. SUGGESTED MOTION I move to approve Resolution No. 2007-157. -2- 091807 Continental Crossing Condos SRCOD Design Review DPR-06135.doc MARANA RESOLUTION NO. 2007-157 RELATING TO DEVELOPMENT; RATIFYING THE RECOMMENDATION OF APPROVAL BY THE SILVERBELL ROAD CORRIDOR OVERLAY DISTRICT MANAGER'S DESIGN REVIEW COMMITTEE REGARDING CONTINENTAL CROSSING CONDOMINIUMS. WHEREAS the Town of Marana approved and adopted the overlay district for the Silverbell Road Corridor Overlay District on December 16, 2003 (Ordinance No. 2003.27), located within the corporate boundaries of the Town of Marana, Arizona; and WHEREAS DAZ7-Sombrero Peak LLC is the owner of approximately 18.98 acres in the Pima Farms North Specific Plan generally located on the southwest corner of Silverbell Road and Continental Reserve Loop Road within a portion of the North half of the Northwest quarter of Section 28, Township 12 South, Range 12 East; located within the Silverbell Road Corridor Overlay District, and has applied to the Town of Marana for design review approval for a residential condominium development; and WHEREAS the Manager's Design Review Committee met on August 30, 2007 and unanimously recommended approval of Continental Crossing Condominiums; and WHEREAS the Mayor and Council have considered the application at the regular Town Council meeting held September 18, 2007 and has determined that the recommendation of approval by the Silverbell Road Corridor Overlay District Manager's Design Review Committee for Continental Crossing Condominiums should be ratified. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the recommendation of the Manager's Design Review Committee regarding the design for Continental Crossing Condominiums, submitted by EEC Inc., is hereby ratified. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18~' day of September, 2007. Mayor ED HONEA ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2007-157 Page 1 of 1 The Silverbell Road Corridor Overlay District Manager's Design Review Committee regarding Continental Crossing Condominiums exhibits are on file and available for viewing from 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays, at the office of the Town Clerk, 11555 W. Civic Center Drive, Marana, AZ 85653. OWN ~F TOWN COUNCIL TOWN OF MARANA ' ~ ' MEETING INFORMATION ~RIZON~ MEETING DATE: September 18, 2007 AGENDA ITEM: L 6 TO: MAYOR AND COUNCIL FROM: T. VanHook, Community Development Director SUBJECT: Resolution No. 2007-158: Relating to Community Development; approving and accepting the execution of a sales agreement for the purchase of the property located at 12470 North Whitney Lane, Marana to develop affordable workforce housing for low- to moderate-income families in partnership with Habitat for Humanity. DISCUSSION The Community Development Department has extended a purchase offer for the property located at 12470 North Whitney Lane, Marana as a prospective sight for the Town's affordable housing land inventory. The Sales Agreement is contingent approval of the Mayor and Council and rezoning to allow the development of four single-family homes. The one-acre property currently has an existing house that will be rehabilitated and sufficient land to build an additional three single family homes. The lot sizes for the houses will range from approximately 10,815 square feet to 7,875 square feet with an average of nearly 9,500 square feet. Each year Pima County provides the Town with funding through the CDBG program to acquire land to leverage into affordable housing projects. The number of houses depends directly on the amount of funding available for land acquisition and ability to find suitable property at an affordable price. Although staff recognizes the important role workforce housing plays in fostering economic growth, Marana's Community Development Department does not currently have a building program in place. Staff is working with a number of partners to address the issues surrounding affordable housing and is looking for the best ways to support the community's affordable housing needs. One of these partners is Habitat for Humanity, a community-based 501 (c)(3) organization that builds housing using a model combining community development, volunteerism, and education, and support for homebuyers to provide workforce housing. In February, the Town and Habitat for Humanity established Marana Builds Habitat, an ongoing cooperative program between Habitat and the Town of Marana that intends to produce three to five single-family houses per year. This land acquisition, using CDBG land acquisition dollars, will be leveraged into the Marana Builds Habitat program. The proposed purchase will allow the development of four affordable units. 9/11 /2007 Over the past eight months, staff has worked with Habitat to find the appropriate parcels for this program. Acquisition of this property for housing to be built by Habitat will pair their volunteer capital, development history, expertise, and energy with our resources to continue Marana Builds Habitat. Staff invited Habitat Executive Director Michael McDonald and Deputy Director and Planner Danny Knee out to look at the property, and both parties feel that it is the perfect situation for a Habitat build. Not only is this land located in a Colonia allowing the Town to waive most of the impact and permitting fees, it also allows Habitat to leverage state and federal dollars into the project. The Town will guide the rezoning process with the assistance of Habitat. Both partners have held very positive discussions with Pima County's Community Development and Neighborhood Conservation Department. Pima County Community Services is in full support of the collaboration and has offered assistance with contracting, funding, and technical support as the project moves forward. RECOMMENDATION Staff recommends approving the execution of a sales agreement for the purchase of the property located at 12470 North Whitney Lane, Marana for a proposed partnership with Habitat for Humanity to develop affordable workforce housing for low- to moderate-income families at that location. SUGGESTED MOTION I move to approve Resolution No. 2007-158. -2- MARANA RESOLUTION NO. 2007-158 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND ACCEPTiNG THE EXECUTION OF A SALES AGREEMENT FOR THE PURCHASE OF THE PROPERTY LOCATED AT 12470 NORTH WHITNEY LANE, MARANA TO DEVELOP AFFORDABLE WORKFORCE HOUSING FOR LOW- TO MODERATE-INCOME FAMILIES IN PARTNERSHIP WITH HABITAT FOR HUMANITY. WHEREAS the Town of Marana recognizes the need to provide safe affordable workforce housing, and neighborhood infrastructure for its citizens; and WHEREAS The Town of Marana receives Community Development Block Grant (CDBG) funding from Pima County for Affordable Housing Land Acquisition; and WHEREAS Habitat for Humanity an Arizona 501 (c)(3) organization has an active building program to provide affordable workforce housing, Marana Builds Habitat; and WHEREAS the Town recognizes a partnership with Habitat for Humanity to build affordable housing on property purchased through the CDBG Program; and WHEREAS the property located at 12470 North Whitney Lane fits the criteria established by the Habitat Builds Marana program and CDBG guidelines; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, fully execute the sales agreement for the property located at 12470 North Whitney Lane to develop affordable workforce housing for low- to moderate income families in partnership with Habitat for Humanity. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of September, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney c~ .r 'Ir ~ ~ ~ ~ ~ . . W ~ ~ ' ItR10 C,~~ - Pr~! 3 ' ~ ~ ~r,~ ~ ~ ~ .o~ ~ ,r' ~ `"°~"'n 8 14 ~ ~ t*~D ~ftAY'~. ft ~ ~ ~ f{'~'~'°~~ ~F ~ ~ ~ ~F~~ ~ ~r~-~ ~ ~ ~ ~~~~r ~ ~ s y~ t!~ v.,~--~°~~`~``~-`~"~ ~ ~ ~ ~ ~ o ~ tU ~ ~ . u~~z - ~ma____. ~ ~-wN~_~ ~ ~ ~ . ~ s ~ ~ Z ~s av ~ ~ N G ~ o 1`~- ~ 'd' ~ C~! p ~'D ~.~~L~ ~ ~ ~ _ ~ ~ ~ ~ , ~ ~ ~ ~ s ~ ~ MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 21, 2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Mayor Present Herb Kai Vice Mayor Excused Russell Clanagan Council Member Present Patti Comerford Council Member Fresent Tim Escobedo Council Member Present Carol McGorray Council Member . Present Roxanne Ziegler Council Member Excused STAFF Mike Reuwsaat Town Manager Present Gilbert Davidson Deputy Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk 'Pzesent B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. Mayor Honea asked everyone to r~tnember Vice Mayor Kai who is having heart surgery T'hursd~~ in Cleveland. C. APPROVAL OF AGENDA Upon motion by Council Member Comerford, seconded by Council Member Escobedo, the agenda was unanimously a~~roved. ' ' D. CALL TO THE PiTBLIC Da~vid Morales addressed Council'' and talked about five stages; growth, evolution, adjustment, change, correction. Ed Stolmaker, President and CEO of the Marana Chamber of Commerce, addressed Council and stated they are over 500 members at this time. At their recent luncheon they presented the businesses that have been members for over ten years. The Town has been a member of the Chamber for twenty years. He thanked the mayor, council and staff for their support. He presented a certificate and token of appreciation. E. PRESENTATIONS 1. Relating to Personnel Policy Manuel; revised media policy (Mike Reuwsaat) 1 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 21, 2007 Mr. Reuwsaat addressed Council and stated he went to some creditable members of the press and asked to modify the policy. The new policy would continue to meet our needs as a community and meet the needs of the media. He stated they went through two to three months of review. Mr. Reuwsaat stated they will formally bring back the item to the consent agenda in the future. ANNOUNCEMENTS/UPDATES PROCLAMATIONS Mayor Honea stated Charlie Mangum, Marana Regional Airport Director, has really been an asset to the town. Mayor Honea stated we've had approximately $14 million in grants in the last four or five years for the airport. He has been very active in h~lp~ing to expand the airport not only in capacity, but upgrading the facility. Ms. Bronson read a proclamation for Mr. Mangum. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVE~iTS Council Member Escobedo stated he attended the go~ernor's conference. He stated he has been attending outpatient treatment and will be graduating a week from Friday. He has been attending AA classes and working on substance abuse at Marana High School which will be a town hall for the youth which will be field in I~lovember. He gave an apology. Council Member Comerfard stated she is glad to be bac~ ~rom vacation in California. Council Member Clanagan stated the minutes of the Council meetings are on the internet. He stated he read the`minutes of 1Vlarch 6, 2007 meeting regarding comments made by council members regarding carnpaign signs. He stated when you have a council member that was cited three times for being under the' it~fluence"three times the legal limit and no one on the counciL want~ to discuss it in public that he is distressed by that. He also stated that this member stated he would be taking a leave of absence from council and that hasn't occurred. He;s~ted that he hog~t~ some 1e~~1 of contrition could be shown. He stated he could not remain.~~~ent on an actia~ that could have killed somebody. Council Met~iber McGorray stated she attended the governor's conference. They broke records with att~ndees numbering 700. It was held at El Conquistador. She stated she attended the commen~c~ration of the 232°d birthday of Tucson and read a proclamation. Next week they will be at-~~e League of Cities and Towns. Mayor Honea stated he attended part of the governor's conference. He stated there was a lot of great networking. He stated Vice Mayor Kai is in Cleveland and will have dual bypass, valve replacement heart surgery on Thursday. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Reuwsaat stated he will be taking off for a week and a half to Texas. H. STAFF REPORTS 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 21, 2007 GENERAL ORDER OF BUSINESS I. CONSENT AGENDA 1. Resolution No. 2007-137: Relating to Development; approving and authorizing a fmal plat for Willow Ridge Custom Lots (Kevin Kish) 2. Relating to Human Resources; Personnel Request (Regina Fleming) 3. Minutes of the August 7, 2007 regular meeting. Upon motion by Council Member Escobedo, seconded by Council Member Comerford, the Consent Agenda was unanimously approved. J. COUNCIL ACTION 1. PUBLIC HEARING. Trico-Marana Annexation: Relating to Annexation; consideration of the Town of Marana's des~ire to annex approximately 1550 acres within Sections 14, 23 and a portion of 2~; Township 11 South, Range 10 East. Mr. Kish addressed Council and stated the town has initiated an annexation of approximate 1550 acres which extends to Hardin Road to the north, Trico Road to the west, Trico Marana Road to the south and to the exiting town boundaries on the east. ~'ursuant to filing a blank petition with the Pima County Recorder's Office this Public H~~ring is mandatecl;by state statutes to be held within 30 days following suc~ £~ilin~s. David Marales asked if there was a map of the area. Ms. Bronson provided a copy to him. Mr. Reuwsaat stated even though no action is required per the letter from the Mayor to the Chairman of the Board, staff will not be pursing an annexation. 2. Ordinance Na 2007.20: Relating to Building; adopting by reference the 2006 International Fire Code with local amendments; amending Marana Town Code Title 7 by revising section 7-1-2 and establishing an effective date. (John Huntley) Mr. Huntley addressed Council and stated the initial presentation regarding adoption of the 2006 edition of the International Fire Code took place at the 6-26-07 council meeting. At that time, the Southern Arizona Homebuilders Association had expressed a concern regarding local amendment 903.2.8.3.1 which required the installation of residential style sprinkler systems in all model homes used as sales offices and storage. Since that time, this provision has been 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 21, 2007 removed from our amendment package to this code. SABA concerns related to adoption of the code have been resolved. Upon motion by Council Member Escobedo, seconded by Council Member Comerford, Ordinance No. 2007-20 was unanimously approved. Resolution No. 2007-138: Relating to Building; declaring the 2006 International Fire Code, with local amendments, to Town Code Title 7, adopted by Marana Ordinance No. 2007.20, as a public record filed with the Town Clerk; and declaring an emergency (John Huntley) Upon motion by Council Member Escobedo, seconded by Council Member Comerford, Resolution No. 2007-138 was unanimously approved. 3. Resolution No. 2007-139: Relating to,Lcznd Development; authorizing the Mayor to send a letter on behalf of t,lie Council and the citizens of Marana responding to the Federal Emergency',1Ylanagement Agency's change in policy relating to flood risk assessment; and de~Caring an emergency (Keith Brann) Mr. Brann addressed Council and stated this resolution is for the mayor to have the authority to sign a letter that will be send out tc~ various political bodies, state, federal representatives, the President, anyone who we feel we need to get our voice heard. The sample letter goes over a few areas of FEMA's policy that the town strongly disagrees with. There is no dt~ubt' that what has driven FEMA to make thes~ dr~astic. changes was fIurricane Katrina. We have to get our point across that coastal liurricanes have little to do with the arid southwest and how we manage c~ur flood , plains down here. Another point they are making is the previously t~rumapp~d areas and even areas that FEMA has granted letter of map revision to are~~c~i~g t b~ g~lled in~o the flood plain when they really had little or no flc~od plain be~z~re. They are rnaking another; point in the letter that when FEMA reviews letters of map revision from municipalities or consultants they require extremely detailed hydrologic studies. FEMA is not performing any studies themselves. In summary they, are saying that FEMA is asking us to address the concerns regarding levies and not themselves. The main points are insufficient study and that it is somewhat of an unfunded mandate. This letter either needs to be tailored to either get the conditian removed or plead for time so we can get large scale flood improvement projects in place to take the place of what FEMA is going to take away from us. Council Member Escobedo stated at the governor's conference he spoke with a few municipalities and they have not received this letter. Upon motion by Council Member McGorray, seconded by Council Member Comerford, Resolution No. 2007-139 was unanimously approved. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: August 21, 2007 K. BOARDS COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION M. EXECUTIVE SESSIONS Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and ~7) for legal advice with the Town Attorney concerning water rights issues and''to consult with and instruct the Town Attorney and the Town Manager concerning the 197'~ intergovernmental agreement between the Town of Marana and Pima County rel~ting to sewer service within the Marana town limits and to direct the Town Manager and'~'own Attorney with respect to that agreement (Frank Cassidy) Upon motion by Council Member Escobedo, seconded by Council Member Cornerford, Council convened to Executive Session. Council reconvened on the dais. Mr. Cassidy stated staff gave Council, in executive session, an overview relative to the 1979 sewer ~GA, and no action is needed. N. FUTURE AGENDA ITEMS O. ADJOURNMENT Upon motion by 'Council Member Comerford, seconded by Council Member McGorray, Council voted to adjourt~.. CERTIFICATIUN~ I her~by !certify that the f2~r~~oing are th,e'true and correct minutes of the Marana Town Council meeting ~e~~i on August 21, 2407. I further certify that a quorum was present. Jocelyn C. Bronson, Tt~r?~n Clerk 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 4, 2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:00 p.m. COUNCIL Ed Honea Mayor Present Herb Kai Vice Mayor Excused' Russell Clanagan Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Pres~nt Carol McGorray Council Member Present Roxanne Ziegler Council Member ` Present STAFF Mike Reuwsaat Town Manager Excused Gilbert Davidson Deputy Town Manager' Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present B. PLEDGE OF ALLEGIANCE AND INVOCA'~IUNI~YIOMENT OF SILENCE Led by Mayor Honea. C. APPROVAL OF AGENDA Upon motion by Cau~cil Member Escobedo, seeonded by Council Member Comerford, moving item number six ta first item under Council Action was unanimously approved. D. CALL TU TH~ PI~~LIC Davi~ Morales adctr~s~d Council re~,arding the National Bank building on Marana Road ~e3~t~ tt~ ,Nico's, how i~~ is~ elevated four feet and how this had to do with the town getting incorp~ira~ed. He talked 'ab~ut Cortaro Water's Pump No. 5. He asked Council to think about that betw~~a Grier Road ~d Moore Road there are over 20 concrete drainage pipes and when Council is approving projects to take this into consideration. E. PRESENTATI0I~T~:~ ~ 1. Presentation on~"Marana 101" Program (John Wright) Mr. Wright addressed Council and stated the first graduation from the program was held with 20 new staff inembers completing the nearly six months of training. With the program they wanted to give more background on the town, why it is a special place to work and to give connections and relationships they can use throughout their time working for the town. They wanted them to be better civil leaders. There were thirteen sessions including the graduation breakfast. They did a tour of the town, presentations from all the departments, and they used a lot of outside agencies and had representation come from them. There is another session starting in October with a larger group of 1 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 4, 2007 participants. The committee had a meeting with the Town Clerk's Office to discuss how they can work with CREW and how they can be merged over time and centralized them under one office. 2. Presentation relating to Public Works; the Town of Marana Stormwater Ordinance (Barbara Johnson) Jennifer Christelman addressed Council regarding the Stormwater Ordinance, stating that it is required through ADEQ. The town is mandated to comply with the stormwater program, and ADEQ requires the town to develop an ordinance that would prohibit discharges into our stormwater system as well as setting guidelines for construction to prevent sediment and erosion control. She noted that in December 2006, staff prepared a draft document and started having workshops with stakeholders, engineers, and developers in February 2007. Some of the highlights of the stormwater program are to prevent stormwater discharges into the storm sewer system. On constructian sites ADEQ restricts cornpliance to one acre. Currently the reporting authority is Arizona Departme~t of Environmental Quality. The ordinance includes inspections of public and griuate projects and enforcement and penalties for violation. Staff is planning to bring the ordinance to Council for adoption on September 18tn ANNOUNCEMENTS/UPDATES PROCLAMATIONS Mr. Montague addressed Council and introduced the Town's new purchasing coordinator, Jim , Pregler. Mr. Pregler h~s over 25 years of experience of public procurement experience i~ uarious organizations. He will be involved in monitoring various r~quisitions, `purchase orders for compliance with exiting laws and rules, as well as warking witl~ Mr. M(~ntague's staff in establishing some standard forms, policies and protocols. He will participate in the process of all formal competitive procurement and e~tablish some level of conn~ection with our community of how to do business with Marana, some outreach:service, as well as perhaps vendor registration. Ms. Bronsr~n addressed Council regarding the CREW program that will be starting next Wednesday. This will be the fifth year and the sixth program for CREW and she noted that it is available to members of the public, our citizens and business owners. CREW is a free eight week program. There are approximately 40 people signed up. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan stated last Monday he attended a Governor's highway safety and alcohol prevention program put on at DMAFB in partnership with local communities. Council Member McGorray stated several Council members attended the League of Cities and Towns. She stated Vice Mayor Kai was honored for 12 years of service as a Council 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 4, 2007 , member for the town. She stated Mr. Cassidy presented a seminar on Proposition 207 which she and Mayor Honea attended. Council Member Escobedo also noted that it was a good conference. Council Member Comerford stated she attended the conference and it was a great opportunity to meet with other municipalities. Mayor Honea stated he attended the League and he was honored by them. They awarded him for twenty years of service. He stated Vice Mayor Kai is back in tovvn and his heart surgery was a success. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS No report. H. STAFF REPORTS GENERAL ORDER OF BiI~~TES5 L CONSENT AGENDA 1. Resolution No. 2007-146: Relating ~~n Liquor , Licenses; approval and recommendation to the State Liquar Baard for a new No. 12 (Restaurant) liquor license submitted by David Elliott McGuire on behalf of Monkey Business entertainment located at $581 N. Silverbell Road (Jocelyn Bronson) 2. Resolution No. ZOU~~~47:.~telating to Liquo `r Licenses; approval and recomn~e~dation to the S~ate L~q~pr. ~~ard for a new NO. 09 (Liquor Store) liquor lice~~~ ~ubi~utt~l by ~iti~ Kenneth Kwiatkowski on behalf of Circle K Store #5537 located at 4900 Ina Road (Jocelyn Bronson) 3. Resv~ution No. 200'~-1~8: Re~ating to Public Works; approving and authorizing an ~ upd~~;~d version of the!Town of Marana stormwater management program (plan) as required,~~ state and ~ederal law (Barbara Johnson) 4. Resolution N~R,~~~O'7-149: Relating to Community Development; granting discretionary funding in the amount of $15,000 and use of Heritage House of~ce space to the Marana Arts Council, Inc., an Arizona 501 (c) (3) non-profit organization to support the arts and artistic expression in Marana (T. Van Hook) 5. Resolution No. 2007-150: Relating to the Police Department; approving and authorizing the execution of a task force agreement between MPD and the United States Department of Justice, Drug Enforcement Administration (Richard Vadaurri) 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 4, 2007 Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the Consent Agenda was unanimously approved. J. COUNCIL ACTION 6. Minutes of the July 24, 2007 special meeting and the August 14, 2007 special meeting. Council Member Clanagan stated in talking with the Town Clerk he was advised that the minutes are a summary and not a verbatim transcript. He stated that it would be an opportunity to note on the minutes that these are a sum~za~ry and that they are not verbatim and that the transcripts are maintained for a minimum ofa,year. Ms. Bronson stated she hoped within the month to be able to post the recordings of council meetings on the town's website which will allow use of executive summary minutes rather than extensive or verbatim minutes. Upon motion by Council Member Clanagan, secancied by Council Member McGorray, minutes were approved with Cat~ncil Member Comerford abstaining on the minutes of August 14, 2007. 1. a. Ordinance No. 2007.21: Relating to Manicipal,Court; revising court fees; amending Marana Town Code Section 5-6-1 entitled "Fee Schedule for Court Costs;" and declaring an emergency (Jane Fairall) Ms. Fairall addressed Council and stated this item proposes to amend two of our municipal court ordinance fees, our local fees each by $15.00. One of them is referred to as the prosecutit~n fee and the cather one as the court improvement fee. The reason the~ are b~ging it ta ~ouncil is pursuant to a letter that the court received at the end of July in' stating to all local courts that they do need to be assessing the state ! surcharges on your local ardinance fees, as well as any fines that are assessed. ~ Gurrently the surz~~arges f~r the state add up to eighty percent and as of September 1~~~ ihat will be eighty four percent. Now, the prosecution fee is $25.00. They are proposing that to l~e $40.00 and the court improvement fee is $20 and they are proposi~.~ to amend that to $35.00. At the current time the court has not been sending the 80 pe~~~:~t. b. Resolution No. 2007-151: Relating to Municipal Court; declaring the revisions to Town Code Title 5 adopted by Marana Ordinance No. 2007.21 as a public record filed with the Town Clerk; and declaring an emergency (Jane Fairall) Upon motion by Council Member Escobedo, seconded by Council Member Comerford, Ordinance No. 2007.21 and Resolution No. 2007-151 were unanimously approved. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: September 4, 2007 K. BOARDS, COMMISSIONS AND COMMITTEES 1. Resolution No. 2007-152: ordering and declaring formation of the Saguaro Springs Community Facilities District; ~pproving and authorizing the execution and delivery of a District Development, Financing Participation and Intergovernmental Agreement (Saguaro Springs Community Facilities District) and declaring an emergency (Frank Cassidy) Council Member Escobedo declared a conflict and was excused. Mr. Cassidy stated this item will create the Saguaro Springs Community Facilities District. It doesn't actually sell any bonds or impose any financial obligations. Typically this is created before purchasers buy into the property and as people buy into the district area the presence of the CFD is disclosed to them in the purchase documents. This follows the same format as the Gladden Farms CFD and the Uanderbilt CFD. It anticipates a general obligation bond tax rate of $2.50 per $100 of secondary assessed valuation plus .30 for operating and mainte~a~ce. Mr. Cassidy stated Jahn Overdorff, bond council and Michael Lavalle are available fc~ answer questions. Upon motion by Council Member Comerford, seconded by Council Member Clanagan, Resolution No. 2007-152 was approved 5-0. Mr. Overdorff addressed Council and stated they do not have the votes necessary for an emergency clause so the action takes effect, but the C~D Board cannot meet far 30 days. He stated we would ha~~ tQ wait 30 days for the resolution to be effective. L. ITEMS FOR DISCUSSIONf~"OSSIBLE ACTION M. EXECUTIVE SESSIONS N. FUTLTRE AGENDA ITEMS ' O. ADJOITRNMENT Upon motion by Council Member Clanagan, seconded by Council Member Comerford, Council voted to adjourn. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 4, 2007. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk 5 towN oF TOWN COUNCIL MEETING TOWN OF MARANA q,~ ; INFORMATION '~RIZON~` MEETING DATE: September 18, 2006 AGENDA ITEM: J. 1 TO: MAYOR AND COUNCIL FROM: John Huntley, Building Official SUBJECT: Ordinance No. 2007.22: Relating to Building; adopting amend- ments to the 2006 International Building Code, an amendment to the 2006 International Residential Code, and amendments to the 2006 International Plumbing Code; amending Marana Town Code Title 7 by revising section 7-1-2(8); changing the name of the town building department to building safety department; and de- claring an emergency. DISCUSSION Every three years the International Code Council publishes new comprehensive codes that are approved through a consensus process for adoption by jurisdiction throughout the United States. The Town Council adopted the 2006 versions of the codes at the beginning of this year. Local amendments to most of these codes were also adopted to meet local conditions specific to the desert southwest region. If adopted, this ordinance will add additional amendments to the codes which are recommended based upon further research and evaluation of situations particular to our area. The ordinance will also make certain administrative changes to Title 7 of the Town Code, as needed. An emergency clause has been added so that the health and safety aspects of these amendments might be able to take effect immediately. RECOMMENDATION Staff recommends adoption of Ordinance No. 2007.22, adopting the proposed amendments to the building and town codes. ATTACHMENT(S) Ordinance No. 2007.22 (the adopting ordinance). (Copies of the codes being adopted by this or- dinance, including all local amendments to national codes, are available for review in the Town Clerk's office.) SUGGESTED MOTION I move to adopt Ordinance No. 2007.22. {00006o6o.DOC i} - 1 - 09/07/2007 CIH MARANA ORDINANCE NO. 2007.22 RELATING TO BUILDING; ADOPTING AMENDMENTS TO THE 2006 INTERNATIONAL BUILDING CODE, AN AMENDMENT TO THE 2006 INTERNATIONAL RESIDENTIAL CODE, AND AMENDMENTS TO THE 2006 INTERNATIONAL PLUMBING CODE; AMENDING MARANA TOWN CODE TITLE 7 BY REVISING SECTION 7-1-2(8); CHANGING THE NAME OF THE TOWN BUILDING DEPARTMENT TO BUILDING SAFETY DEPARTMENT; AND DECLARING AN EMERGENCY. WHEREAS the Town is authorized by A.R.S. § 9-467 to require building permits; and WHEREAS the Town is authorized by A.R.S. § 9-802 to adopt and amend codes; and WHEREAS the Town Council finds that the building code regulations established by this ordinance are necessary for the public health, safety and general welfare of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Existing local amendment to the 2006 International Building Code, 108.3.1, Model Plans, is deleted in its entirety and replaced with new local amendment 108.3.1 to read: Section 108.3.1 Model Plans. When two or more buildings, structures, or systems of regulated equipment are built without substantial modifications, as defined by the Building Official, an applicant may apply for a model plan permit valid for three years. This permit shall be charged plan review fees with additional fees for each exterior design elevation. The number and type of accepted revisions/options per model plan shall be as determined by the Building Official. A model plan approved by a jurisdiction having an Intergovernmental Agreement with the Town of Marana, may be accepted for approval by the Building Official if found to meet minimum qualifications, and assessed an administrative fee of 25 percent of the building plan review fee. SECTION 2. A fourth exception to the 2006 International Building Code, Sec- tion 507.3 Sprinklered, one story, is added to read: 4. The area of a one-story Group B or M occupancy building shall not be limited, and may be constructed of any construction type provided that: 4.1 The building is the largest structure in an outdoor strip-mall development (an- chor building), all portions of which are under construction at the same time, are {00006053.DOC / 2} - 1 - 09/06/2007 CIH within the same overall development, and are constructed on adjacent parcels of land. 4.2 The building is surrounded and adjoined on all but one side by public ways or yards not less than 60 feet (18 288mm) in width. ~ 4.3 The one exterior wall not adjoined by a 60 foot (18 288mm) wide public way or yard is constructed as a 3 hour fire wall conforming to the requirements of Section 705. 4.4 Smoke and heat vents and draft curtains are installed throughout the building in conformance with the requirements of Section 910 as they pertain to Group F-1 and S-1 occupancy groups. 4.5 An approved three-party yard sharing agreement is recorded against the title of each property. The Town of Marana shall be party to this agreement. The agreement will clearly outline maintenance requirements pertaining to the shared 60 foot (18 288mm) yard area adjacent to both structures and restrict future con- struction activity that would compromise the required yard areas. SECTION 3. Existing local amendment to the 2006 International Building Code, "Adopt Appendix C, E with ADAAG 1998, and I" is amended deleting "with ADAAG 1998." SECTION 4. The 2006 International Residential Code, Table R302.1 Exterior Walls is amended as follows (with deletions shown with °*ri'~~~ and additions shown with double un- derlinin~): TABLE R302.1 EXTERIOR WALLS MINIMUM MINIMUM FIRE EXTERIOR WALL ELEMENT FIRE-RESISTANCE RATING SEPARATION DISTANCE Walls 1 hour with exposure from Fire-resistance rated both sides 0 feet (Not fire-resistance rated 0 hours ~#ee~ Projections Fire-resistance rated 1 hour on the underside 2 feet (Not fire-resistance rated 0 hours 5~#ee~ 3 feet Not allowed N/A < 3 feet 0 Openings ~s Unlimited 0 hours ~#ee~ 3 feet Penetrations All Com I with Section R317.3 ~-~-fee~ < 3 feet None re uired ~-#ee~ 3 feet (.~.~......_.1N_h.~n.._th.e_fir~....~.~. ...~ra.tion...di.~i~n.~.e.._i.~.__~__f_~~.t.._ar_l.~.s.~.._tc~_..th.e._~ro.p.~rt.Y_._I in.~.....th.~e~.._sh~ll._be__n.c~...~.c~.ui.~rn.~rat...~m..~.-. chanical. aoal ar similar~ instaHed wi#hin the setback area A clear unobstructed walk and drainaae wav shall - - _ e__maintained_the entire len~th_of_the_buildin~. {00006053.DOC / 2} - 2 - 09/O6/2007 CIH SECTION 5. The existing local amendments to the 2006 International Plumbing Code, found in the appendix of the code, are amended by adding "Adopt Appendix Chapters B and E." SECTION 6. The Marana town code, section 7-1-2(8) is deleted and replaced with the following: 8. The 2006 international fire code, with local amendments. SECTION 7. Title 7 of the Marana town code is amended by replacing the term "building department" with "building safety department" wherever it is found within Title 7. SECTION 9. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance. SECTION 10. If any section, subsection, sentence, clause, phrase or portion of this ordi- nance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 11. IT IS FURTHER ORDAINED that, since it is necessary for the preserva- tion of the peace, health and safety of the Town of Marana that this ordinance become immedi- ately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of September, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney ~ {00006053.DOC / 2} - 3 - 09/06/2007 CIH ONN ~F TOWN COUNCIL MEETING TOWN OF MARANA q~ p; INFORMATION ~RIZON~ MEETING DATE: September 18, 2007 AGENDA ITEM: J. 2 TO: MAYOR AND COUNCIL FROM: Cedric Hay, Senior Assistant Town Attorney SUBJECT: Resolution No. 2007-159: Relating to Development; modifying the subdivision requirements by providing that certain existing overhead electric facilities need not be undergrounded in the vicinity of the Continental Reserve and Ironwood Reserve development projects. DISCUSSION Land Development Code Sections 06.02.02(B)(6)(b) and 06.03.02 (L) require underground electrical transmission lines carrying less than 69 kV to be located underground in connection with the subdivision development process. Nevertheless, there are many areas throughout the Town which remain above ground even though development has already been completed. In many instances there has been too much time elapsed to be able to determine with any certainty who is or was responsible. In an attempt to reach a fair compromise with those who may or may not have had the responsibility to place these lines underground town staff has been able to get a commitment from DR Horton and Diamond Ventures to partially rectify the situation in the Continental Reserve area. Pursuant to the provision of the Land Development Code (Section 06.08.01) which authorizes the Town Council to modify the subdivision standards, town staff has agreed to allow certain electric facilities to remain above ground once certain other facilities are placed underground. DR Horton and Diamond Ventures, Inc. jointly shall place the following existing overhead electric facilities in the following locations underground: At the Moonfire Court cul de sac, a power pole at approximate station 11+50, left will be removed. The electric line from this location will be placed underground to a power pole relocated approximately five feet away from an existing pole adjacent to lot 209 of block 2 of Ironwood Reserve. This relocated pole will become the new riser for the power line. All remaining existing overhead facilities in the Continental Reserve and Ironwood Reserve subdivisions that are located within utility easement corridors shall be allowed to remain above ground. {00005993.DOC /f CIH 08/30/07 RECOMMENDATION Staff recommends Mayor and Council approve this resolution directing DR Horton and Diamond Ventures to place the designated electrical facilities underground. SUGGESTED MOTION I move to adopt Resolution 2007-159. {00005993.DOC /f CIH 08/30/07 MARANA RESOLUTION NO. 2007-159 RELATING TO DEVELOPMENT; MODIFYlNG THE SUBDIVISION REQUIREMENTS BY PROVIDING THAT CERTAIN EXISTING OVERHEAD ELECTRIC FACILITIES NEED NOT BE UNDERGROUNDED IN THE VICINITY OF THE CONTINENTAL RESERVE AND IRONWOOD RESERVE DEVELOPMENT PROJECTS. WHEREAS Marana Land Development Code Sections 06.02.02(B)(6)(b) and 06.03.02 (L) require underground electrical transmission lines carrying less than 69 kV to be located underground in connection with the subdivision development process; and WHEREAS Town staff has recommended that certain existing overhead electric facilities, in the area known as Continental Reserve, be permitted to remain above ground; and WHEREAS Marana Land Development Code Section 06.08.01 authorizes the Town Council to modify the subdivision standards to the extent it deems appropriate to the public interest; and WHEREAS DR Horton and Diamond Ventures, Inc., the developers of the area in question, have indicated that they will take responsibility for placing certain electrical facilities undergound while others will be allowed to remain; and WHEREAS the Town Council deems the modifications set forth in this resolution to be appropriate to the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. DR Horton and Diamond Ventures, Inc. jointly shall place the following existing overhead electric facilities in the following locations underground: a. At the Moonfire Court cul de sac, a power pole at approximate station 11+50, left will be removed. The electric line from this location will be placed underground to a power pole relocated approximately five feet away from an existing pole adjacent to lot 209 of block 2 of Ironwood Reserve. This relocated pole will become the new riser for the power line. {00004103.DOC / 4} CIH 8/20/07 SECTION 2. Contingent upon the undergrounding of the electrical facilities mentioned in Section 1 above, the following electrical facilities shall be allowed to remain above ground: a. All remaining existing overhead facilities in the Continental Reserve and Ironwood Reserve subdivisions that are located within utility easement corridors SECTION 3. The Town Manager is authorized to take such actions as may be necessary to carry out the terms of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of September, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00004103.DOC / 4} -2- OwN OF TOWN COUNCIL MEETING TOWN OF MARANA q; ; INFORMATION '~RIZON~ MEETING DATE: September 18, 2007 AGENDA ITEM: J. 3 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director 5UBJECT: Resolution No. 2007-160: Relating to Development; approving and authorizing a preliminary plat for Saguaro Springs Block 7. DISCUSSION Request The applicant requests preliminary plat approval of a 468-1ot single family detached home subdivision on approximately 121 acres within the Saguaro Springs development. The proposed subdivision will be located in Block 7 of the Saguaro Springs Block plat. Location The Saguaro Springs development is located directly south of Lambert Lane, north of Twin Peaks Road in the northeast portion of the block plat. Zonin The zoning for Block 7 is R-6 zoning (Single Family Residential with a minimum lot size of 6,000 square feet) and lies outside of the Saguaro Springs Specific Plan area. The smallest lot size within this project is Lot 1060 at 6,044 square feet and the average lot size within this block is 7,438 square feet. Typical lot dimensions are 55' x 110', 65' x 110', and 75' X 110'. Per the adopted development agreement, all homes within Saguaro Springs will adhere to the Residential Design Standards for house design. Transportation Hidden Saguaro Trail will collect all vehicular traffic for Block 7. Hidden Saguaro Trail connects with Saguaro Peaks Boulevard which will serve as the main thoroughfare for the overall Saguaro Springs development. Saguaro Peaks Boulevard connects with Twin Peaks Road to the south and Lambert Lane to the north. Residential streets within Block 7 will be public. Per the development agreement, developer transportation obligations to design and reconstruct roads that will serve this community (portions of Twin Peaks Road, Lambert Lane) will need to be met before the submittal of the 612th single family residence building permit. 091807 Saguaro Springs PP TC.doc Park Requirements Per the Land Development Code every lot within this subdivision is required to have 185 square feet of improved recreation area. The proposed recreation improvements for this plat far exceed this requirement. Block 7 requires 86,580 square feet of recreation space and is providing 148,104 square feet. Block 7 contains four pocket parks and is circled by approximately 2 miles of paved multi-use trails. The Block 7 trails connect to the overall Saguaro Springs trail system. The four pocket parks include: four passive turf play areas, one basketball court, three shaded playgrounds, and two picnic areas with barbeque grills. Impact Fees The Marana Unified School District (MUSD) has accepted dedication of a school site (adjacent to Block 5) within the Development for the location of an elementary school. Per the First Amendment to Amended and Restated Development Agreement with Saguaro Reserve, by Resolution No. 2005-142, no further school related contributions will be required for this subdivision. The project is subject to the Marana South Transportation Area Impact fee and the Park Development Impact Fee. ATTACHMENTS Summary application, reduction of preliminary plat and location map. RECOMMENDATION Staff has reviewed the request against the requirements of the Marana Land Development Code, and the General Plan, and finds that it is in conformance. Staff recommends approval of the proposed Saguaro Springs preliminary plat for Block 7. SUGGESTED MOTION I move to approve Resolution No. 2007-160. -2- 091807 Saguaro Springs PP TC MARANA RESOLUTION NO. 2007-160 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A PRELIMiNARY PLAT FOR SAGUARO SPRiNGS BLOCK 7. WHEREAS, Saguaro Reserve, LLC, the owner of Saguaro Springs Block 7, has applied for approval of a preliminary plat for 468 single-family detached homes on 121 acres, including lots 1028 through 1495, Common Areas "A" and "B", and is generally located south of Lambert Lane and north of Twin Peaks Road, in a portion of Section 18, Range 12 East, Township 12 South; and WHEREAS, the Town Council, at their regular meeting on September 18, 2007, has determined that the Saguaro Springs Block 7 preliminary plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Saguaro Springs Block 7 preliminary plat, a 468-1ot residential subdivision within the Saguaro Springs Block Plat and generally located south of Lambert Lane and north of Twin Peaks Road, in a portion of Section 18, Range 12 East, Township 12 South, is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of September, 2007. Mayor ED HONEA ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Mazana Resolution No. 2007-160 The Saguaro Springs Block 7 exhibits are on file and available for viewing from 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays, at the office of the Town Clerk, 11555 W. Civic Center Drive, Marana, AZ 85653. ~pNN OF TOWN COUNCIL MEETING TOWN OF MARANA q~" ; INFORMATION '~RIZON~' MEETING DATE: September 18, 2007 AGENDA ITEM: J. 4. a TO: MAYOR AND COUNCIL FROM: Barbara Johnson, Director of Public Works AGENDA TITLE: Ordinance No. 2007.23: Relating to Public Works; adopting and authorizing the Town of Marana Stormwater Management Ordinance; amending the Marana Land Development Code, adding Title 25; and establishing an effective date. DISCUS5ION March 7, 2006, Mayor and Council adopted the Town of Marana Stormwater Management Program (Plan) that requires the Town to develop a stormwater ordinance to address non-storm water discharges, construction site storm water runoff, and post-construction storm water runoff. This requirement must be completed by November 2007. The ordinance was drafted in January 2007 and was discussed at a series of internal staff meetings. A revised draft was presented at a Town of Marana sponsored Stakeholder Workshop in February. Staff received 140 comments from stakeholders. The draft was also presented at the Southern Arizona Homebuilders Association (SAHBA) Storm Water Pollution Prevention Plan (SWPPP) Subcommittee meetings between February and June. The draft was then submitted to the Town of Marana Legal Department for review. This ordinance represents a collaborative effort on the part of Town of Marana staff and stakeholders. The ordinance will be incorporated into the Land Development Code as Title 25. Staff presented a draft of this ordinance to Mayor and Council on September 4, 2007. Since that time staff has received no additional comments. ATTACHMENTS A copy of the Town of Marana Stormwater Management Ordinance RECOMMENDATION Staff recommends adoption of Ordinance No. 2007.23. SUGGESTED MOTION I move to adopt Ordinance No. 2007.23. {00006061.DOC/f 09/07/07 CIH MARANA ORDINANCE NO. 2007.23 RELATING TO PUBLIC WORKS; ADOPTING AND AUTHORIZING THE TOWN OF MARANA STORMWATER MANAGEMENT ORDINANCE; AMENDING THE MARANA LAND DEVELOPMENT CODE, ADDING TITLE 25; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS the Town of Marana is a regulated Phase II Small Municipal Separate Storm Sewer System (MS4); and WHEREAS, the Marana Land Development Code (the "LDC") was adopted by the Mayor and Council of the Town of Marana on May 14, 1984 by Ordinance No. 84.04; and WHEREAS the Town of Marana approved and authorized the Storm Water Management Program on September 4, 2007; and WHEREAS the Town of Marana Storm Water Management Program states that the Town will adopt a Stormwater Management Ordinance to prohibit non-stormwater discharges to the MS4, require construction site operators to practice erosion and sediment control, and address post- construction stormwater runoff from new and redevelopment projects; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1: The Land Development Code is hereby amended by adding Title 25, Stormwater Management, three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, having been declared a public record by adoption of Resolution No. 2007-161. Section 2: The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Ordinance and portion of the Land Development Code. Section 3: All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. Section 4: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. {00006063.DOC 09/07/07 CIH Page 1 of 2 Section 5: This ordinance shall become effective on the 18`" day of October, 2007. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18`" day of September, 2007. ATTEST: Mayor ED HONEA Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy Town Attorney {00006063.DOC 09/07/07 CIH Page 2 of 2 TITLE 25 STORMWATER MANAGEMENT SECTIONS: 25.01 Title, Purpose, and General Provisions 25.01.01 Purpose 25.01.02 Definitions 25.01.03 Applicability 25.01.04 Delegation of Authority for Administration and Enforcement 25.01.05 Regulatory Consistency 25.01.06 General 25.01.07 Severability 25.02 Prohibitions and Controls to Reduce the Discharge of Pollutants in Stormwater 25.02.01 General Requirements 25.02.02 Prohibitions of Non-Stormwater Discharges to the Municipal Storm Sewer System; Exemptions 25.02.03 Operating Facilities and Activities ,u 25.02.04 Construction Sites 25.02.05 Stormwater Pollution Prevention Plans 25.02.06 Maintenance of Stormwater Facilities 25.02.07 Cleanup and Notification Requirements 25.03 Compliance Monitoring 25.03.01 Inspections 25.03.02 Enforcement and Penalties 25.01 GENERAL PROVISIONS 25.01.01 Purpose These regulations establish minimum stormwater management requirements for the management of pollutants that are or may be discharged to the municipal storm sewer system. The purpose is to improve the quality of stormwater discharges and to enable the Town to comply with all applicable State and Federal laws, including but not limited to, the Clean Water Act (33 U.S.C. § 1251 et seq.), the National Pollutant Discharge Elimination System Regulations (40 CFR, Part 122), and the Town's Arizona Pollutant Discharge Elimination System (AZPDES) MS4 General Permit (Ariz. Admin. Code R18-9-A902). {00006037.DOC / 3}Revised 09/07/07 1 of 14 .~..~,..~.w.~.,,~.. . _ _ 25.01.02 Definitions A. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Title, shall have the meanings hereinafter designated. Where noted, the definitions shall correspond with the applicable section of the Arizona Revised Statutes as amended. 1. ADEQ: Arizona Department of Environmental Quality, regulatory entity of the State of Arizona responsible for administering various Federal and State environmental laws and programs, including most water quality programs, air quality, and waste programs. 2. AZPDES permit: Arizona Pollutant Discharge Elimination System-any permit issued by the Arizona Department of Environmental Quality delegated pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis in compliance with the Clean Water Act (CWA). 3. BMPs, Best management practices: schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 4. CGP: Construction General Permit ..~,„a 5. Common Plan of Development: a smaller project is part of a larger common plan of development or sale if the project collectively will disturb 1 or more acres, e.g., a single private or commercial lot that is part of a subdivision or commercial development. 6. Contractor: synonymous with the term "builder" and means any person, firm, partnership, corporation, association or other organization, or a combination of any of them, who, for compensation, undertakes to or offers to undertake to, purports to have the capacity to undertake to, submits a bid or responds to a request for qualification or a request for proposals for construction services to, does himself or by or through others, or directly or indirectly supervises others to: (a) Construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or any other structure or work in connection with the construction. (b) Connect such structure or improvements to utility service lines and metering devices and the sewer line. (c) Provide mechanical or structural service for any such structure or improvements. A.R.S. §32-1101 (3). {00006037.DOC / 3} Revised 09/07/07 2 Of 14 .r~.~ 7. CWA, Clean Water Act: the Federal water pollution control act, as amended, 33 U.S.C. 1251 et. seq. 8. Developer: Any person, group or entity proposing or constructing a development as defined by the Town of Marana Land Development Code 9. Discharge: any addition of any pollutant to waters of the United States from any point source. A.R.S. §49-255 (2). 10. EPA: the United States Environmental Protection Agency charged with primary enforcement of the Clean Water Act (CWA). 11. Final Stabilization: means that either: a. All soil disturbing activities at the site have been completed and either of the two following criteria are met: i. A uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of 70 percent of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or ii. Equivalent permanent stabilization measures (such as riprap, gabions, or geotextiles) have been employed. b. When background native vegetation will cover less than 100 percent of the ground (e.g., r_ arid areas, beaches), the 70 percent coverage criteria is adjusted as follows: if the native vegetation covers 50 percent of the ground, 70 percent of 50 percent (.70 x.50 =.35) would require 35 percent total cover for final stabilization. On a beach with no natural vegetation, no stabilization is required. c. For individual lots in residential construction final stabilization means that either: i. The homebuilder has completed final stabilization as specified above, or ii. The homebuilder has established temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and informing the homeowner of the need for, and benefits of, final stabilization, or iii. For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to "water of the United States," and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization criteria above. 12. Illicit Discharge: any discharge to a storm drain system that is not composed entirely of stormwater except discharges pursuant to a NPDES or AZPDES permit, discharges resulting from emergency fire fighting activities, and discharges further exempted in Section 25.02.02 of this Title. 13. Monitoring: Periodic or continuous surveillance or testing to determine the level of ~ compliance with statutory requirements and/or pollutant levels in various media or in humans, plants, and animals. {00006037.DOC / 3}Revised 09/07/07 3 of 14 ~ 14. MS4, Municipal Separate Storm Sewer System: includes, but is not limited to, those facilities located within the town and owned or operated by a public entity by which stormwater may be collected and conveyed to waters of the United States, including any roads with drainage systems, public streets, inlets, curbs, gutters, piped storm drains and retention or detention basins. 15. NPDES permit, National Pollutant Discharge Elimination System permit: A discharge permit issued by the EPA in compliance with the Federal Clean Water Act. 16. NOI: Notice of Intent ~ 17. NOT: Notice of Termination 18. Operator: In the context of stormwater associated with construction activity, means any person associated with a construction project that meets either of the following two criteria: a. The person has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or b. The person has day-to-day operational control of those activities at a project which are necessary to ensure compliance with a SWPPP for the site or other permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the SWPPP or comply with other permit conditions). This definition is provided to inform operators of how the regulatory definitions of "owner or operator" and "facility or activity" are applied to ~A discharges of stormwater associated with construction activity. 19. Owner or operator: the owner or operator of any "facility or activity" subject to regulation under the NPDES program. 20. Person: any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. 21. Point source: any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, vessel or other floating craft from which pollutants are or may be discharged to navigable waters. Point source does not include return flows from irrigated agriculture. A.R.S. §49-201 (27). 22. Pollutant: fluids, contaminants, toxic wastes, toxic pollutants, dredged spoil, solid waste, substances and chemicals, pesticides, herbicides, fertilizers and other agricultural chemicals, incinerator residue, sewage, garbage, sewage sludge, munitions, petroleum products, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and mining, industrial, municipal and agricultural wastes or any other liquid, solid, gaseous or hazardous substances. A.R.S. §49-201 (28). {00006037.DOC / 3}Revised 09/07/07 4 of 14 ~ 23. Pollution: the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any Water of the State or Water of the United States, that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose as determined by the town engineer. 24. Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, placing, leaching, dumping, or disposing into or on any land in a manner that can cause pollution. 25. Stormwater: stormwater runoff, snow melt runoff, and surface runoff and drainage. 26. SWPPP, Stormwater pollution prevention plan: a plan that includes site map(s), an identification of owner/operator activities that could cause pollutants in the stormwater, and a description of ineasures or practices to control these pollutants. 27. Waters of the State: all waters within the jurisdiction of this state including all perennial or intermittent streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, aquifers, springs, irrigation systems, drainage systems and other bodies or accumulations of surface, underground, natural, artificial, public or private water situated wholly or partly in or bordering on the state. A.R.S. §49-201 (48) 28. Waters of the United States: ~ a. All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide; b. All interstate waters, including interstate wetlands; c. All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any waters: i. That are or could be used by interstate or foreign travelers for recreational or other purposes; ~ ii. From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or iii. That are used or could be used for industrial purposes by industries in interstate commerce; d. All impoundments of waters defined as waters of the United States under this definition; e. Tributaries of waters identified in subsections (a) through (d); f. The territorial sea; and g. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in subsections (a) through ( fl. {00006037.DOC / 3}Revised 09/07/07 5 of 14 25.01.03 Applicability This Title shall apply to all activities which may potentially affect the municipal separate storm sewer system, any private storm sewer system or any Water of the Untied States within the Town of Marana. Additionally, permanent and temporary stormwater management controls, practices and facilities, constructed as part of any activities listed in this section, which are located within the Town limits, are also subject to this Title. The stormwater management practices and discharge standards, should such standards be established, shall apply to any construction project that disturbs one acre or more, including industrial, commercial, institutional, and residential. 25.01.04. Delegation of Authority for Administration and Enforcement The town engineer of the Town of Marana is delegated the authority to exercise the powers and perform the duties set forth in this Title and to administer and enforce provisions of this Title. The town engineer may designate other employees to exercise such powers and perform such duties, as he or she deems appropriate. 25A1.05 Regulatory Consistency This Title shall be construed to assure consistency with the requirements of the Federal Clean ~ Water Act (CWA) and acts amendatory thereof or supplementary thereto, applicable State or Federal implementing regulations, and the municipal AZPDES or NPDES permit and any amendments, revisions, or reissuance thereof. No permit or approval issued pursuant to this Title shall relieve a person of the responsibility to secure permits and approvals required far activities regulated by any other applicable rule, code, act, permit, or ordinance. The Town of Marana shall not certify or defend that the applicant has met the requirements of the Federal CWA. 25.01.06 General The town engineer may adopt and enforce such rules, regulations, ordinances, standards, processes and forms as the town engineer deems necessary for the efficient administration and enforcement of this Title. The town engineer may interpret and enforce this Title. Upon request of the town engineer any other department of the Town of Marana has the authority to assist in the exercise of powers and performance of duties under this Title. 25.01.07 Severability If any provision, clause, sentence, ar paragraph of this Title or the application thereof to any person, establishment, or circumstance shall be held invalid, such invalidity shall not affect the other provisions or application of this Title which can be given effect without the invalid provision or application, and to this end, the provisions of this Title are hereby declared to be severable. {00006037.DOC I 3}Revised 09/07/07 6 Of 14 25.02 PROHIBITIONS AND CONTROLS TO REDUCE THE DISCHARGE OF POLLUTANTS IN STORMWATER 25.02.01 General Requirements A. Any person engaged in activities which will or may result in pollutants entering a storm sewer system shall undertake appropriate measures to reduce the potential to discharge such pollutants. Examples of such activities include, but are not limited to, reduction of use and proper disposal of household chemicals, such as cleaners, disinfectants, pesticides, fertilizers, carpet cleaning waste water and other pollutants associated from the ownership and use of facilities which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, construction sites, and retail establishments. B. No person shall throw, deposit, leave, maintain, keep, ar permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, vegetation trimmings or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain inlet, catch basin, conduit or other drainage structures, parking area, or upon any public or private plot of land so that the same might be or become a pollutant, except where such pollutant is being temporarily stored in properly contained waste receptacles or is part of a well defined compost system or pursuant to another recycling system. , C. No person shall cause or permit the discharge into any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the Town any pollutant originating from a dumpster, solid waste bin, or similar container. 25.02.02 Prohibition of Non-Stormwater Discharge to the Municipal Storm Sewer System; Exemptions A. Unless expressly authorized or exempted by this Title, no person shall cause or allow the discharge to a public right-of-way or municipal storm sewer system of any substance that is not composed entirely of stortnwater. B. Unless expressly authorized or exempted by this Title, no person shall use, store, spill, dump, ar dispose of materials in a manner that those materials could cause or contribute to the addition of pollutants to stormwater. C. Exemptions. The following discharges are exempt from the prohibitions set forth in subsections (A) and (B) of this section: 1. Dechlorinated waters from water line flushing; 2. Landscape irrigation; 3. Diverted stream flows; 4. Rising ground waters; ~ 5. Uncontaminated groundwater infiltration; 6. Uncontaminated pumped groundwater; 7. Discharges from potable water sources; {00006037.DOC / 3}Revised 09/07/07 7 of 14 .~.~....o...~.u~ u..~...~.~~d_~~_.,._ 8. Foundation drains; 9. Air condition condensation; 10. Irrigation water; 11. Springs; 12. Water from crawl space pumps; 13. Footing drains; 14. Lawn watering; 15. Individual residential car washing; 16. Discharges from riparian habitats and wetlands; 17. Dechlorinated swimming pool discharges; and 18. Discharges or flows from emergency fire fighting activities. D. No person shall discharge to a publicly owned right-of-way or the municipal storm sewer system any exempted discharge under subsection (C) if the town engineer or assigned designee identifies and provides written notice to the person that the discharge has the potential to be a source of pollutants to receiving waters, waterways, or groundwater E. No person shall discharge to the municipal storm sewer system where such discharge would result in or contribute to a violation of the AZPDES stormwater permit issued to the Town, either separately considered or when combined with other discharges. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge. 25.02.03 Operating Facilities or Activities A. All persons owning or operating premises ar engaged in activities who are required by Federal or State law to submit to EPA and/or ADEQ a Notice of Intent (NOI) to comply with an NPDES or AZPDES stormwater permit shall provide a copy of the authorization certificate to the Town upon request. Facilities required to apply for a stormwater permit are identified in 40 CFR 122.23(B) (14). B. All persons engaged in activities which will or may reasonably be expected to result in pollutants entering the municipal storm sewer system shall undertake best management (BMPs) to minimize such pollutants, shall provide protection from accidental discharge of pollutants to the municipal storm sewer system and further comply with the cleanup and notification requirements of this Title. Such measures shall include any additional requirements imposed by Federal, State, County, or Local authorities. C. In the case that a specific Best Management Practice is required by the Town to prevent a pollutant from entering the municipal storm sewer system, the person receiving the notice of such a requirement may petition the Town to reconsider the application of the BMP to the premises or activity. The written petition must be received within ten (10) calendar days setting forth any reasons and proposed alternatives. The Town will act within fourteen (14) calendar days of the petition. D. No person shall establish, use, maintain, or continue any connection to the municipal storm sewer system which is causing a violation of this section. This shall apply to any connection that was made in the past, regardless of whether it was made under permit or other authorization, or whether it was permissible under tl~e law or practices applicable or prevailing at the time of connection as of the effective date of this Title. {00006037.DOC / 3} Revised 09/07/07 g Of 14 25.02.04 Construction Sites A. All persons engaged in construction activities who are required by Federal or State law to submit to EPA and/or ADEQ a Notice of Intent (NOI) to comply with an NPDES or AZPDES stormwater permit, shall provide the Town with copies of the approved NOI, the site-specific stormwater pollution prevention plan (SWPPP), and the AZPDES individual stormwater permit, if applicable, issued by ADEQ. Town acceptance of the SWPPP is required prior to issuance of a grading permit. Construction activities that will disturb one acre or more of land area or that are part of a larger common plan of development or sale are required to apply for a stormwater permit (40 CFR 122.26(B)(15)). B. Any person perfortning construction that has submitted a copy of an approved NOI to the Town of Marana shall not cause or contribute to a violation of the AZPDES stormwater permit issued to the Town. Liability for any such discharge shall remain the responsibility of the person causing or responsible for the discharge. Any person performing construction activity shall undertake Best Management Practices to minimize or eliminate pollutants (including the discharge of sediments) from leaving the construction site, shall provide protection from accidental discharge of other pollutants to the municipal storm sewer system, and comply with the cleanup and notification requirements of this Title. Site operator shall ensure effective erosion, sediment and waste control and properly dispose of wastes, such as discarded building materials, concrete truck washout material, chemicals, litter, sanitary waste and other pollutants at the construction site that may cause adverse impacts to water . quality. Such measures shall include the requirements imposed by Federal, State, County and/or Local authorities. C. Stormwater Pollution Prevention Plans shall be prepared and reviewed in accordance with the Arizona Pollutant Discharge Elimination System Construction General Permit issued by the Arizona Department of Environmental Quality. The Town of Marana shall not certify or defend that the applicant has met the requirements of the Federal Clean Water Act. D. In the case that a specific Best Management Practice is required by the Town to prevent a pollutant from entering the municipal storm sewer system, the person receiving the notice of such a requirement may petition the Town to reconsider the application of the BMP to the premises or activity. The written petition must be received within ten calendar days setting forth any reasons and proposed alternatives. The Town will act within fourteen calendar days of the petition. E. Basins with a retention component may be used as temporary sediment basins during construction provided the following conditions are met: 1. Prior to acceptance, the basin shall be retested for percolation; and 2. Additional measures must be put in place to collect sediment prior to entry into the basin, i.e. the basin must be part of a cascading sediment trapping system. F. Exemptions: The following discharges are exempt from the prohibitions set forth in Section 25.02.03 for construction sites or activities: 1. Discharges from fire-fighting activities; 2. Fire hydrant flushing; 3. Waters used to wash vehicles where detergents are not used; 4. Water used to control dust, provided effluent or other wastewaters are not used; 5. Potable water sources including water line flushing; {00006037.DOC / 3}Revised 09/07/07 9 of 14 6. Routine external building wash down where detergents are not used; ~ 7. Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used; 8. Uncontaminated air conditioning or compressor condensate; 9. Uncontaminated ground water or spring water; 10. Foundation or footing drains where flows are not contaminated with process materials such as solvents; 11. Potable water well flushing where the receiving waters are ephemeral; 12. Water used for compacting soil, provided effluent or other wastewaters are not used; 13. Water used for drilling and coring such as for evaluation of foundation materials; where flows are not contaminated with additives; and 14. Water obtained from dewatering operations/foundations in preparation for and during excavation and construction. 25.02.05 Stormwater Pollution Prevention Plans (SWPPP) A. The owner/operator shall submit two copies of a site specific SWPPP (both a narrative and engineering drawings) during the grading/improvement plan review period. B. Town of Marana staff will review the submission in accordance with applicable Federal, State, and/or Local regulations. C. A SWPPP accepted by the Town of Marana is required prior to the issuance of a grading ~ pertnit. D. Two copies of the accepted SWPPP, a copy of the owner(s) and operator(s) NOI, along with copies of the accepted grading/improvement plans shall be submitted with the application for a grading permit prior to start of any work on-site. E. For projects that are part of a larger common plan of development with custom lots, the following shall apply: l. The Developer for the project shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and submit a Notice of Intent (NOI) to ADEQ or EPA, with an approved copy of the NOI to the Town for the portion of the project for which they have operational control. 2. The SWPPP shall address the construction of infrastructure site development and proposed residential construction. The Developer shall submit a NOI and SWPPP with accepted grading/improvement plans with the application for a grading permit. 3. The individual buyer of a lot in a large lot/custom home site subdivision shall submit to the Town, with the application for a grading permit, a plan sheet outlining stormwater pollution prevention measures for construction on the individual lot. This plan sheet shall become an attachment to the SWPPP previously completed by the Developer and accepted by the Town. The individual buyer and the operator shall submit separate NOIs and sign the certifications in the SWPPP. An accepted plan sheet and NOIs shall be required prior to the issuance of a grading permit. F. For mass graded subdivisions, the following shall apply: 1. The Developer for the project shall prepare a Stormwater Pollution Prevention Plan ~ (SWPPP) and submit a Notice of Intent (NOI) to ADEQ or EPA, with an approved {00006037.DOC / 3}Revised 09/07/07 1 ~ Of 14 copy of the NOI to the Town for the portion of the project for which they have operation control. 2. The Developer shall prepare a SWPPP that addresses off-site and on-site Best Management Practices for erosion, sediment and waste control for both the infrastructure and residential improvements. 3. The Developer shall be responsible for compliance with this Title until such time as the Developer can demonstrate that operational control for all portions of the site has been transferred to another operator or final stabilization for the entire site has been achieved. G. For commercial development, the following shall apply: 1. The Developer for the project shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and submit a Notice of Intent (NOI) to ADEQ or EPA, with an approved copy of the NOI to the Town for the portion of the project for which they have operation control. 2. The Developer shall prepare a SWPPP to address on-site and off-site Best Management Practices for erosion, sediment, and waste control. 3. For commercial lots that are part of a common plan of development, the owner/operator for the individual lot shall submit a separate SWPPP and NOI with improvement plans; the SWPPP shall be accepted by the Town of Marana prior to issuance of a grading permit. H. Routine Inspection Schedule: The operator must ensure routine inspections are performed at the site to ensure that BMPs are functional and that the SWPPP is being properly ~ implemented. The operator must specify an inspection schedule in the SWPPP and may choose either of the following: 1. The site will be inspected at least once every seven calendar days, or 2. The site will be inspected at least once every fourteen calendar days, and also within 24 hours of the end of each storm event of 0.5 inches or greater. I. Based on the results of the inspection, the operator must modify the SWPPP to include additional or modified BMPs designed to correct problems identified. The operator must complete revisions to the SWPPP within seven calendar days following the inspection. J. No waivers allowable under the AZPDES Construction General Permit shall be accepted by the Town of Marana for any development over one acre in size or that is part of a larger common plan of development or sale. 25.02.06 Maintenance of Stormwater Facilities A. Property owners or operators shall warrant post-construction stormwater runoff control facilities including but not limited to, retention basins, dry wells, and other measures (as described in 40 CFR 122.34 (B)(5)(III) during the warranty period. B. Stormwater facilities shall be maintained by the owner or other responsible party and shall be repaired and/or replaced by such person when such facilities are no longer functioning as designed. , C. Disposal of waste from maintenance of facilities shall be conducted in accordance with applicable Federal, State, and local laws and regulations {00006037.DOC / 3}Revised 09/07/07 11 of 14 -..W..~..~.~..e.,...~.__._ __....~......~~_~u~, D. Records of installation and maintenance and repair of facilities referenced in subsection (A) of this section shall be retained by the owner or other responsible party for a period of five years and shall be made available to the Public Works Department upon request. E. Any failure to maintain facilities or correct problems with facilities after receiving due notice from the Town may result in criminal or civil penalties and the Town may perform corrective or maintenance work which shall be at the owner's expense. 25.02.07 Cleanup and Notification Requirements A. In the event of a spill or release in reportable quantities as defined in 40 CFR 302, 40 CFR 110 and 40 CFR 117, the owner, operator, or the person who has control of the source or location of any spill or release, which may result in a discharge that is not in compliance with this Title, shall immediately take all reasonable safety precautions including, if appropriate, calling 911 and completing the following steps: 1. Proceed with containment and clean up in accordance with: i. The orders of an involved health and safety agency, or if no such orders have been issued, then: ii. The orders of an authorized representative, or if no such orders have been issued, then iii. The Stormwater Pollution Prevention Plan or approved corrective action plan utilizing Best Management Practices for the involved facility. 2. Report any violations of the Northwest Fire Department Fire code or other such applicable safety or health codes in the manner required by such code; 3. Notify the Town of Marana Environmental Engineering Division at (520) 382- 2600 of the release by telephone within 24 hours of knowledge of the release; 4. Provide written notification within five calendar days to the Town of Marana Environmental Engineering Division of the type, volume, cause of the discharge, corrective actions taken, and measures to be taken to prevent future occurrences. B. Compliance with the requirement in subsection (A) of this section shall not relieve the discharger from the reporting requirements of 40 CFR 110, 40 CFR 117, and 40 CFR 302. 25.03 COMPLIANCE MONITORING 25.03.01 Inspections A. Authority to inspect. Upon presentation of credentials and at all reasonable or necessary hours, all authorized employees of the Town shall have access to all premises and to all records pertaining to those premises for purposes of ensuring compliance with this Title. Inspection, interviewing, copying, sampling, photographing, and other activities conducted on the premises shall be limited to those which are reasonably needed by the Town in detertnining compliance with the requirements of this Title. All persons shall allow such activities under safe and non-hazardous conditions with a minimum of delay. B. Monitoring activities. The Town may order any person engaged in any activity or owning or operating on any premises which is causing or contributing to discharges of pollutants to the municipal storm sewer system in violation of this Title or any applicable NPDES or ~ AZPDES stormwater permit condition or that is posing a risk to public health, safety, and {oooobosz~oc i 3}Re~~s~a o9io~io~ 12 of 14 , ~ welfare to undertake such monitoring activities and analyses and furnish such reports as the Town reasonably may specify. The costs of such activities, analyses, and reports shall be borne in the recipient of the order. C. When inspections by Town staff reveal deficiencies in the implementation of the SWPPP a written inspection report will be provided to the owner and operator within 30 days of the inspection. D. Access refusal. If an authorized employee of the Town has been refused access to any premises, and is able to demonstrate probable cause to believe that there may be a violation of this Title, or that there is a need to inspect, interview, copy, photograph or sample as part of an inspection and sampling procedure of the Town designed to determine compliance with the requirements of this Title or any related laws or regulations, or to protect the environment and the public health, safety, and welfare of the community, then the Town may seek issuance of a search warrant from the Town Municipal Court. 25.03.02 Enforcement and Penalties A. Charges or penalties levied pursuant to this Title shall be collected by the department of public works and utilized for public education and outreach in compliance with the Town's MS4 Permit. The town engineer shall make and enforce economic and efficient management and protection of the Town's storm sewer system. B. Operator and/or Owner of record. The operator performing activities and/or owner of record of the property upon which a violation of this Title occurs shall be presumed to be a person having lawful control over the activity or premises unless it is demonstrated and documented that another person has knowingly and in good faith accepted responsibility for the activity at issue. If more than one person is identified as the owner, such persons shall be presumed to be jointly and severally in lawful possession and control of the activity or premises. C. Notice to Correct. The Town may issue a written Notice to Correct to any person who has violated or is in violation of this Title. Failure to comply with any act required in the Notice to Correct may result in a Notice of Violation and/or Stop Work Order as described in subsections (D) and (F) of this section. ~ D. Notice of Violation. The Town may issue a written Notice of Violation to any person who has violated or is in violation of this Title. Failure to comply with any act required in the Notice of Violation shall be a separate violation for each day beyond the 30th calendar day following the Notice of Violation. Nothing in this section shall limit the authority of the Town to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. In appropriate situations the Town may notify the person orally either in person or by telephone prior to written notification. E. Consent orders. The Town may enter into consent orders, assurances of voluntary compliance, negotiated settlement agreements, or other similar documents establishing an agreement with any person responsible for noncompliance. Such documents will include specific action to be taken by the person to correct the noncompliance within a time period specified by the document, including an identification and description of the Best Management Practices and measures to utilize in implementing the order. Such documents ~ shall have the same force and effect as any other orders issued under this Title and shall be judicially enforceable. {00006037.DOC / 3}Revised 09/07/07 13 of 14 _ _ F. Stop Work Order. For projects under construction in the Town of Marana, if the Town finds that a person has violated, ar continues to violate, any provision of this Title or any related laws or regulations, or that the person's past violations are likely to recur, the Town may issue a Stop Work Order to the person directing them to cease and desist all such violations and direct the person to immediately comply with all requirements; and take such appropriate remedial ar preventive action as may be needed to properly address a continuing or threatened violation. Issuance of a Stop Work Order shall not be a bar against, or a prerequisite for, taking any other action against the person. A person's failure to comply with an order issued pursuant to this Title shall constitute a violation of this Title. G. Civil Penalties. In addition to any other enforcement authority contained in this Title, the Town may issue a civil citation to any person who has violated, or continues to violate, any provision of this Title or any related laws or regulations. A person who violates any requirement of this Title or any applicable NPDES or AZPDES stormwater permit condition shall be civilly liable to the Town for a sum not to exceed $2,500 per day for each violation. H. Criminal Penalties. A person who willfully or negligently violates any provision of this Title, or any related laws or regulations shall, upon conviction, be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $2,500 per day for each violation and/or by imprisonment for a period not to exceed six months. I. Criminal Prosecution. Some intentional violations may constitute criminal violations of Federal, State, and Town Law, and that under such circumstances, the Town may seek the assistance of the EPA, the State, or the Town Prosecutor to commence civil and/or criminal action against any person who violates any requirement of this Title or any applicable NPDES or AZPDES stormwater permit condition. J. The Town of Marana may withhold the issuance of permits including but not limited to building permits, native plant permits and grading permits, for the development or improvement on the parcel or any contiguous parcel of land under the ownership of a person or persons in violation of any requirement of this Title or any applicable NPDES or AZPDES stormwater permit condition. K. Liability for costs. The Town may assess liability for costs to any person in violation of this Title for all actual costs incurred by the Town in surveillance, sampling and testing, abatement, and remediation associated with a discharge. Additionally, the Town may assess liability for costs to any person whose discharge resulted in a violation of the Town's AZPDES stormwater permit. {00006037. DOC / 3} Revised 09/07/07 I 4' Of 14 . ~ OwN ~F TOWN COUNCIL MEETING TOWN OF MARANA 9 M,~ ; INFORMATION ~ ~R~zON~ MEETING DATE: September 18, 2007 AGENDA ITEM: J. 4. b TO: MAYOR AND COUNCIL FROM: Barbara Johnson, Public Works Director SUBJECT: Resolution No. 2007-161: Relating to Public Works; declaring as a public record that certain document entitled "Stormwater Man- agement Ordinance," adopted by Ordinance No. 2007.23, and filed with the Town Clerk. DISCUSSION This resolution makes the Stormwater Management Ordinance, Ordinance No. 2007.23 a public record. This process makes it possible for document to be adopted by reference under A.R.S. § 9-802, thereby avoiding the requirement to publish the entire document, as would otherwise be required under A.R.S. § 9-812. RECOMMENDATION Staff recommends adoption of Resolution No. 2007-161, immediately prior to or at the same time as the adoption of Ordinance No. 2007.23. SUGGESTED MOTION I move to adopt Resolution No. 2007-161. MARANA RESOLUTION NO. 2007-161 RELATING TO PUBLIC WORKS; DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT ENTITLED "STORMWATER MANAGEMENT ORDINANCE," ADOPTED BY ORDINANCE NO. 2007.23, AND FILED WITH THE TOWN CLERK. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. That certain document entitled "Stormwater Management Ordinance," three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. SECTION 2. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18~' day of September, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00006062.DOC 09/07/07 C/H ~pW N oF TOWN COUNCIL MEETING TOWN OF MARANA q~, INFORMATION qR,ZON~~y MEETING DATE: September 18, 2007 AGENDA ITEM: J. 5 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2007-162: Relating to Employment; approving and authorizing the Mayor to execute a new employment agreement with Town Manager Michael A. Reuwsaat DISCUSSION A proposed employment agreement with Town Manager Michael A. Reuwsaat is presented for Town Council consideration, to replace the agreement adopted on January 4, 2005 by Resolution No. 2005-06. Like the January 2005 agreement, this proposed agreement would provide the Town Manager with benefits consistent with those enjoyed by other Town employees, plus the following additional benefits: • The agreement continues the Manager's $500 per month vehicle allowance (now shown as $231 per pay period). • The agreement allocates 4% of additional income to the Manager's Section 457 Deferred Compensation account. • The agreement provides six months' severance pay (salary plus benefits). Like the 2005 agreement, which terminated the right to severance pay on June 5, 2007, the right to sev- erance pay ends when the new Town Council is seated after the 2009 elections. These additional benefits are consistent with the additional benefits provided to other city, town, and county managers throughout Arizona. This proposed agreement includes the following revisions from the 2005 agreement: • The Base Salary is now $142,000. • It eliminates the provision for payrnent to the Manager for any accrued sick leave upon voluntary or involuntary termination of employment. This proposed agreement will pro- vide only far payment for accrued vacation leave upon termination, in a manner consis- tent with other Town employees. • All references to monthly benefits are now broken down by pay period. • The Council's annual performance evaluation of the Manager will occur each Novem- ber, with any resulting merit increase effective the following January. (The 2005 agree- ment provided for evaluation in July with the adjustment occurring on August 1.) The revised schedule is consistent with the Town's new Performance Management System, {00006113.DOC FJC 9/11/2007 1:56 PM which provides for fall evaluations of all employees with any resulting merit increases taking effect on January 1. • The indemnification provision (paragraph 10) now simply provides the same rights as any other Town officer or employee under current Town Code Section 2-10-2. The 2005 agreement used different indemnification language. • It eliminates the Town's obligation to "provide for an Annual Physical Examination at a physician of Employee's choice." This provision appeared redundant of Town-provided medical insurance coverage. RECOMMENDATION Staff recommends adoption of Resolution No. 2007-162, approving and authorizing the Mayor to execute the proposed employment agreement with Michael A. Reuwsaat. SUGGESTED MOTION I move to adopt Resolution No. 2007-162. -2- MARANA RESOLUTION NO. 2007-162 RELATING TO EMPLOYMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A NEW EMPLOYMENT AGREEMENT WITH TOWN MANAGER MICHAEL A. REUWSAAT. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Mayor is hereby authorized to execute, and the Town's staff is hereby directed and authorized to undertake all other and further tasks required to carry out the terms and obligations of the employment agreement between the Town of Marana and Michael A. Reuwsaat attached to and incorporated by this reference in this resolution as Exhibit A. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of September, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00006137.DOC FJC 9/ll/2007 3:01 PM EMPLOYMENT AGREEMENT BETWEEN TOWN OF MARANA AND MICHAEL A. REUWSAAT INTRODUCTION This agreement ("Agreement") is entered into by and between the Towiv oF MA~.NA, an Arizona municipal corporation (the "Town") and MICHAEL A. REUws~T, (the "Employee"). The Town and the Employee are sometimes collectively referred to as the Parties, either of which is sometimes individually referred to as a Party. AGREEMENT I1v coNS~nE~T~oN of the mutual promises and covenants contained in this Agreement, the Parties hereby agree as follows: 1. SCOPE. This Agreement is intended to set forth the basic terms and conditions under which Employee shall perform the duties of Town Manager for and on behalf of the Town, including the compensation, reimbursement, and fringe benefit provisions relating to that position. 2. TERM. A. This Agreement shall be effective upon its approval by the Town Council and shall continue in full force and effect unless and until it is terminated by either Party; provided, however, that the provisions of paragraph 11 below relating to the payment of severance shall automatically terminate on the date of the first meeting of the Town Council after Council Members who are elected in the spring 2009 elections take office (approximately June 1, 2009), unless this Agreement is extended by the then-sitting Town Council. B. If Employee voluntarily resigns as Town Manager, Employee shall give the Town Council sixty days' advance notice unless the parties agree otherwise. {00005401.DOC - 1 - 7/6/2007 2:43 PM 3. SALARY. Town shall pay Employee an annual Base Salary of $142,000.00 payable bi-weekly at the same time that the other Town employees are paid, adjusted as follows: A. Future wage adjustments. Employee's base salary shall be automatically adjusted to reflect any general salary adjustments applicable to all Town employees that are provided or required by the Town's compensation policies, such as the annual market study adjustment. B. Merit adjustment. Consideration for merit increases in Employee's Base Salary shall be given pursuant to a personnel executive session scheduled in a Town Council meeting each November (see, paragraph 9 below). Any merit increase shall be effective on January 1 following the Town Council's performance evaluation unless the Town Council directs otherwise. 4. VACATION, SICK, AND ADMINISTRATIVE LEAVE A. Employee will accrue Vacation Leave at the rate of 5.6 hours per pay period. B. Employee will accrue Sick Leave at the rate of 3.7 hours per pay period. C.If Employee's employment is voluntarily or involuntarily terminated, Employee shall be compensated for all accrued unused Vacation Leave. 5. HEALTH AND LIFE INSURANCE BENEFITS Town shall provide Employee and his dependents with the same group health, medical, dental and disability, and other benefits as are available to all other Town employees and staff. 6. VEHICLE ALLOWANCE Town shall provide a vehicle allowance of $231.00 per pay period to the Employee. All travel outside Pima County shall be reimbursed at the mileage rate established by Internal Revenue Service. 7. RETIREMENT The Town shall provide Employee with the same Town retirement benefits as other Town employees, except that the Town shall pay Employee the amount of 4% as additional income over the amount paid pursuant to paragraph 3 above, which shall be allocated to the Employee's Section 457 Deferred Compensation Plan. This additional benefit shall be payable effective the first normal paycheck after the effective date of this Agreement. {00005401.DOC - 2 - 7/6/2007 2:43 PM 8. GENERAL BUSINESS EXPENSES A. Town agrees to budget and pay for Employee dues and subscriptions necessary for full participation in national, regional, state and local associations, and organizations (including, but not limited to, local civic clubs) necessary and desirable for the Employee's continued professional participation, growth and advancement, and for the good of the Town. B. Town shall provide the same tuition reimbursement to Employee as that available generally to Town employees; provided, however, that the Town Council shall undertake the role of the "Department Head" under the tuition reimbursement ("Educational Assistance") policy. C. Town agrees to consider, during the annual budgeting process, requests for payment of travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for the Employee's professional development and for the good of the Town. D. Town agrees to consider, during the annual budgeting process, requests for reimbursement of Employee's non-personal but job-related expenses. 9. PERFORMANCE EVALUATION The Town Council may evaluate the performance of Employee subject to a process, form, criteria, and format as mutually agreed upon. The process at minimum shall include the opportunity for both parties to (1) prepare a written evaluation, (2) meet and discuss the evaluation, and (3) present a written summary of the evaluation results. The final written evaluation should be completed and delivered to the Employee within 30 days of the evaluation meeting. Unless otherwise agreed, the performance evaluation shall occur at a personnel executive session during a Town Council meeting in November of each year. 10. INDEMNIFICATION The Employee shall have the rights set forth under Town Code Section 2-10-2 as it currently exists, and any amendment that limits or reduces the protection of the Employee during the duration of this Agreement shall not apply. 11. REMOVAL AND SEVERANCE PAY If the Employee is terminated by the Town for any reason other than malfeasance, the Town shall pay the Employee a lump sum payment equal to six months' salary and benefits (see, paragraphs 3, 4, 5 and 7 above). 12. OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. Town, in consultation with Employee, shall fix any such other terms and conditions of employment as it may determine from time to time, relating to the {00005401.DOC - 3 - 7/6/2007 2:43 PM performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement. B. Town agrees that the Employee will receive all other benefits not specified in this Agreement afforded to all other Town of Marana employees. C. Town shall bear the full cost of any fidelity or other bonds required of the Employee under law or ordinance. D. It is recognized that the Employee must devote a great deal of time outside normal office hours to the business of the Town. Employee will be allowed to adjust his office hours as he shall deem appropriate so long as he is available and the management of the Town is not harmed. E. Employee agrees to maintain residence within the corporate limits of the Town of Marana, Arizona. F. Employee agrees to remain in exclusive employ of the Town of Marana. However, this shall not be construed to preclude Employee from occasional teaching, writing, speaking or consulting performed on Employee's time off, even if outside compensation is provided for such services. These activities are expressly allowed provided that they do not adversely affect Employee's performance and do not present a conflict of interest with the Town of Marana. 13. GENERAL PROVISIONS A. This Ageement constitutes the entire Agreement between the Parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs and executors of the Employee. C. This Agreement shall become effective upon adoption and approval by the Town Council of the Town of Marana, Arizona. D.If any provision of this Agreement found unconstitutional, invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected and shall remain in full force and effect. E. This Agreement is subject to A.R.S. § 38-51 l, which provides for cancellation by the Town of Marana if any person significantly involved in initiating, negotiation, securing, drafting or creating this Agreement on behalf of the Town is, at any time while this Agreement or any extension of it is in effect, an employee or agent of the Employee or a consultant to the Employee with respect to the subject matter of this Agreement. F. This Agreement takes the place of, supersedes and terminates the Employrnent Agreement between the Town of Marana and the Employee entered into pursuant to Marana Resolution No. 2005-06. {00005401.DOC - 4 - 7/6/2007 2:43 PM IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN OF MARANA, an Arizona MICHAEL A. REUWSAAT municipal corporation By Ed Honea, Mayor Date: Date: ATTEST: Jocelyn Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00005401.DOC - 5 - 7/6/2007 2:43 PM