HomeMy WebLinkAbout10/02/2007 Council Agenda Packet4 ?CWN 0,
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MARAN
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
October 2, 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 COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the
agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics.
AS A COURTESY TO OTHER S, PLEASE 111R-N OFF OR PUF IN SILENT MODE ALL PAGERS
AND CELL PHONES.
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 request 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.tnarana-corn? 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 October 1, 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.
,C)\*N
9?M?AVAN,? 7
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
October 2, 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 -
I. Presentation: Relating to the Police Department; Presentation on status of
Wide Area Network User Agreement (Paul Ashcraft)
2. Presentation: GIS Web Portal and Virtual Tour of "Marana Main Street" -
1954 (Joe Lettrick)
3. Presentation: MUSD Readiness and Emergency Management Systems
(REMS) grant (Gilbert Davidson)
ANNOUNCEMENTS[UPDATES - Award to Charlie Mangum (Mayor Honea)
PROCLAMATIONS - Veteran's Hall of Fame (Jocelyn Bronson)
F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
H. STAFF REPORTS
GENERAL ORDER OF BUSINESS
1. 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
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REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
October 2, 2007, at or after 7:00 p.m.
the Consent agenda, and that issue will be discussed and voted upon separately, immediately
following the Consent agenda.
1. Resolution No. 2007-165: Relating to Streeets; approving release of
performance bonds for The Villages IV at Dove Mountain and acceptance of
public improvements for maintenance (Keith Brann)
2. Resolution No. 2007-166: Relating to Development; approving and
authorizing a final plat for Oasis Hills 11 (Kevin Kish)
3. Resolution No. 2007-167: Relating to Development; approving and
authorizing a final plat for Saguaro Ranch Phase 111-A (Kevin Kish)
4. Resolution No. 2007-168: Relating to the Police Department; approving and
authoring amendments to the existing intergovernmental agreement with the
Arizona Department of Public Safety for the Arizona vehicle theft task force
(Richard Vidaurri)
5. Resolution No. 2007-169: Relating to Real Estate; approving and
authorizing the Director of Public Works to execute certain electric
easements in Saguaro Springs Block 1, Lot A, that the developer
inadvertently failed to convey by plat (Frank Cassidy)
J. COUNCIL ACTION
1. Relatim to Personnel: authorizing staff to hire an executive assistant at the
Marana Regional Airport (Charlie Mangum)
2. Resolution No. 2007-170: Relating to Development; approving and
authorizing a preliminary plat for Las Mananitas (Kevin Kish)
3. Resolution No. 2007-171: Relating to Development; approving and
authorizing a preliminary plat for Gladden Farms Block 25 (Kevin Kish)
4. Resolution No. 2007-172 ' : Relating to Development; approving and
authorizing a development plan for Village Center at Cortaro Ranch (Kevin
Kish)
5. PUBLIC HEARING. Ordinance No. 2007.24: Relating to Development;
approving and authorizing an amendment to the Tangerine/Thornydale
Specific Plan (Kevin Kish)
6. PUBLIC HEARING. Ordinance No. 2007.25: Relating to Development;
approving and authorizing a Specific Plan for Uptown at Marana (Kevin
Kish)
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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)
Executive session pursuant to A.R.S. § 38-431.03(A)(4) to consult with the
Town's attorneys concerning potential litigation with the City of Tucson
(1) to address and seek reimbursement of water line relocation costs
associated with the Town's Silverbell Road and Thornydale Road
projects and (2) to seek declaratory and other appropriate relief with
respect to water service and service area issues.
N. FUTURE AGENDA ITEMS
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
October 2, 2007, at or after 7:00 p.m.
7. PUBLIC HEARING. Ordinance No. 2007.26: Relating to Development;
approving and authorizing a rezoning and a minor General Plan amendment
for La Vista Bonita (Kevin Kish)
8. PUBLIC HEARING. Ordinance No. 2007.27: Relating to Development;
approving and authorizing a Specific Plan for DeAnza (Kevin Kish)
K. BOARDS, COMMISSIONS AND COMMITTEES
L. ITEMS FOR DISCUSSION/POSSIBLE ACTION
M. EXECUTIVE SESSIONS
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)
0. ADJOURNMENT
TOWN COUNCIL
TowN OF MARANA M
MEETING RANA 7
INFORMATION
MEETING DATE: October 2, 2007 AGENDAITEM: E. 1
TO: MAYOR AND COUNCIL
FROM: Lt. Paul Ashcraft, Marana Police Department
AGENDA TITLE: Presentation: Relating to the Police Department; Presentation on
status of Wide Area Network User Agreement
DISCUSSION
The Marana Police Department has been, and continues to be involved in the discussions and
planning with the Pima County Sheriff s Department (PCSD) for the development of a Wide
Area Network Users' Agreement. While the specific details of the plan have not yet been
finalized, this presentation will update the Council on the current status of the project and the
Police Department's continued commitment to working towards its completion.
ATTACHMENT
I None.
FINANCIAL OBLIGATION
I None at this time.
tOO006275.DOCI)
9/20/07 CIH
TOWN COUNCIL
MEETING TOWN OF MARANA
INFORMATION
IVILEE I 11N U DATE: October 2, 2007 AGENDAITEM: E. 2
TO: MAYOR AND COUNCIL
FROM: Joseph Lettrick, GIS Director
SUBJECT: Presentation: GIS Web Portal and Virtual Tour of "Marana
Main Street" - 1954 ,
DISCUSSION
GIS Web Portal
The Town's new web based GIS portal will be introduced. This GIS portal is available to
anyone with access to the Town's computer network now and will be available to the general
public by November 1, 2007.
A Look at "Marana Main Street" 1954
When Interstate 10 was constructed through Marana in 196 1, numerous businesses were
relocated along the Casa Grande Highway just south of Marana Road. This former commercial
center is often referred to as the old "Marana Main Street". Unfortunately, there is very little
historical photographic record of what the displaced commercial center looked like.
Historical aerial photography dating back to 1937 has been periodically acquired by the U.S.
Department of Agriculture to monitor agricultural lands involved in crop subsidy programs.
Most of these flights cover parts of the Town of Marana because of its long agricultural history.
GIS Department staff, in an effort to acquire historical aerial photography that would document
what "Marana Main Street" looked like, sought out the best quality aerial photography as close
to 1960 as possible. A photo index from a 1954 USDA large scale aerial flight was found in the
National Archives in Washington D.C. and frames covering the Marana town center area were
acquired. This imagery has provided the best view found to date of what the Marana Town
Center looked like more than 50 years ago. A virtual fly-over of "Marana Main Street" using 3D
visualization software and the 1954 imagery will conclude the presentation.
RECOMMENDATION
This item is for information only.
SUGGESTED MOTION
No action required.
TOWN COUNCIL
MEETING TOWN OF MARANA 11 MARANA 7
INFORMATION
lzu
MEETING DATE: October 2, 2007 AGENDAITEM: E. 3
TO: MAYOR AND COUNCIL
FROM: Gilbert Davidson, Deputy Town Manager
SUBJECT: Presentation: MUSD Readiness and Emergency Management
Systems (REMS) grant
DISCUSSION
David Liss, MUSD Director of Safety and Security, will give a brief presentation on the
Readiness and Emergency Management Systems grant recently awarded through the U.S.
Department of Education's Safe and Drug Free Schools funding program.
The grant provides financial support to establish an administrative position, provide training,
initiate programs and implement policies and procedures necessary to ensure the safety of
students and staff during an emergency.
Part of the requirement of the grant is that MUSD must partner with local government first
emergency responders which includes the Town of Marana and Northwest Fire District.
RECOMMENDATION
Information only.
SUGGESTED MOTION
None required; information only.
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PR-OCLAMAflON
AR-1ZONA VETERANS HALL OF FAME
WHEREAS the Office of the Governor and the Arizona Department of
Veterans' Services and the Unified Arizona Veterans established the Arizona
Veterans Hall of Fame through the Arizona Department of the Disabled
American Veterans in 1978; and
WHEREAS those selected for the honor of induction are veterans who have
honorably served their country and have continued to serve and inspire their
fellow man and woman with deeds and accomplishments throughout their
lifetime; and
WHEREAS the Hall of Fame recognizes men and women from all eras, all
branches of service and all walks of life; and
WHEREAS the Arizona Veterans Hall of Fame Society serves as a social and
support group of recipients who assist the Arizona Department of Veteran
Services with operations and activities related to recognizing veterans and
citizens - some of whom live in the Marana community; and
WHEREAS on October 26, 2007, the 7" Annual Arizona Veterans Hall of
Fame Induction Ceremony will be held in Phoenix to honor the more than
600,000 Arizona veterans and induct new members.
NOW, THEREFORE, the Mayor and Council of the Town of Marana
recognize and commend the Arizona veterans who have been inducted as
RECIPIENTS OF THE ARIZONA VETERANS HALL OF FAME
FURTHER, the Mayor and Council acknowledge all Arizona veterans who
have so nobly and courageously served their country to preserve freedom and
democracy.
Dated this 2 nd day of October, 2007.
ATTEST:
' ?Jocel . Bronson, Town C?Ierk ?
C-
Ed Honea, Mayor Y
TOWN COUNCIL
MEETING TOWN OF MARANA
INFORMATION
MEETINGDATE: October2,2007 AGENDAITEM: 1.1
TO: MAYOR AND COUNCIL
FROM: Keith Brann, P.E., Town Engineer
SUBJECT: Resolution No. 2007-165: Relating to Streets; approving release of
performance bonds for The Villages IV at Dove Mountain and
acceptance of public improvements for maintenance.
DISCUSSION
This resolution will release the performance bonds between Richmond American Homes,
Continental Insurance Company and the Town of Marana regarding The Villages IV at Dove
Mountain as depicted on Exhibit A. The Villages IV at Dove Mountain is comprised of Lots I
through 47 and Common Areas 'A' and '13'.
In releasing the bonds, the Town of Marana will accept for maintenance, including regulatory
traffic control signs and street signs, approximately 0.3 miles of the following paved streets:
Silent Dove Way
Floating Feather Lane
Morning Moonlight Lane
ATTACHMENTS
0 Exhibit A - Map of streets to be accepted
RECOMMENDATION
Staff recommends releasing the performance bonds for The Villages IV at Dove Mountain and
accept the public improvements for maintenance.
SUGGESTED MOTION
I move to approve Resolution No. 2007-165.
The Villages IV at Dove Mountain Full Release
MARANA RESOLUTION NO. 2007-165
RELATING TO STREETS; APPROVING RELEASE OF PERFORMANCE BONDS FOR
THE VILLAGES IV AT DOVE MOUNTAIN AND ACCEPTANCE OF PUBLIC
IMPROVEMENTS FOR MAINTENANCE.
WHEREAS The Villages IV at Dove Mountain is a 10.37 acre subdivision located Dove
Mountain Boulevard, south of Moore Road, containing Lots 1-47, and common areas 'A' and
'B', and is recorded at the Pima County Recorder's Office in Book 60 of Maps and Plats, Page
13; and
WHEREAS the Town of Marana has Performance Bonds assuring the completion of
public improvements; and
WHEREAS Richmond American Homes has completed the public improvements
acceptable to Town standards in accordance with the Assurance Agreement for The Villages IV
at Dove Mountain.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana as follows:
Section 1. The Villages IV at Dove Mountain is hereby released from the Performance Bonds
with Richmond American Homes under bond(s) 929416126 and 92941613 1.
Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic
control and street signs, for maintenance, approximately 0.3 miles of the following paved streets
as shown on Exhibit A:
A. Silent Dove Way
B. Floating Feather Lane
C. Morning Moonlight Lane
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 2nd day of October, 2007.
ATTEST:
Mayor Ed Honea.
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Marana Resolution No. 2007-165
Page I of I
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TOWN COUNCIL
MEETING TowN OF MARANA
INFORMATION
MEETING DATE: October 2, 2007 AGENDAITEM: 1.2
TO: MAYOR AND COUNCIL
FROM: Kevin Kish, AICP, Planning Director
SUBJECT: Resolution No. 2007-166: ' Relating to Development; approving and
authorizing a fmal plat for Oasis Hills 11.
DISCUSSION
Reques
The applicant requests preliminary plat approval for a 40-lot single family residential subdivision
on 9.8 acres.
Location
The property is generally located east of Camino de Manana and south of Oasis Road.
Zonin
The project is located within the Cascada Specific Plan with a land use designation of MDR
(Residential Single Family, minimum lot size, 3,500 square feet). The final plat proposes a mix
of lot sizes with the smallest lot equaling 5,000 square feet and the average lot size equaling
5,420. The Cascada residential design standards will govern the design of the homes.
Transportation
The project proposes its main point of ingress/egress off Camino de Manana. The internal (on
site) circulation will be public. The project contains emergency access in the northern portion of
the subdivision off Oasis Road as required by the adopted Town of Marana Street Standards.
Northwest Fire has approved the design and location of the emergency access.
The site is located in the South Marana Transportation benefit area and is subject to the adopted
impact fees.
Open Space
The subdivision's Common Area "A" contains drainage facilities, utilities, re-vegetated open
space and developed usable open space in the amount of 3.31 acres. A portion of Common Area
"A" located at the southern portion of the subdivision consists of an on-site recreational facility.
The on-site facility contains approximately 9,801 square feet of area (7,400 square feet required)
and includes amenities such as, a playground unit, a turf play area, benches and a barbeque.
All home sites within the Oasis Hills 11 are required to pay park impact fees.
100207 Oasis Hills 11 Fl? Mdoc
ATTACHMENTS
Application, location map and plat reduction.
RECOMMENDATION
Staff has reviewed the application for compliance with the Cascada Specific Plan, Marana Land
Development Code 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 Oasis Hills 11.
SUGGESTED MOTION
I move to approve Resolution No. 2007-166.
100207 Oasis Hills 11 FP TC.doc
MARANA RESOLUTION NO. 2007-166
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT
FOR OASIS HILLS 11.
WHEREAS, Fidelity National Title Trust No. 60182, the owner of Oasis Hills 11, has
applied for approval of a final plat for a 40-lot single-family home subdivision on 9.89 acres,
including Lots I through 40 and Common Area "A", and is generally located south of Oasis
Road and east of Camino de Manana, within Section 14, Township 12 South, Range 12 East; and
WHEREAS, the Marana Town Council, at their regular meeting on October 2, 2007,
determined that the Oasis Hills 11 final plat should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that Oasis Hills 11 final plat is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 2 nd day of October, 2007.
ATTEST: Ed Honea, Mayor
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Resolution No. 2007- 166
The Oasis Hills 11 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.
TOWN COUNCIL
MEETING TOWN OF MARANA
INFORMATION
IVIEh I 11N U DATE: October 2, 2007 AGENDA ITEM: 1. 3
TO: MAYOR AND COUNCIL
FROM: Kevin Kish, AICP, Planning Director
SUBJECT: Resolution No. 2007-167:, Relating to Development; approving and
authorizing a final plat for Saguaro Ranch Phase 111-A.
DISCUSSION
History and Request
This item was continued from the Town Council meeting of September 18, 2007 to allow the
applicant an opportunity to address concerns raised by Pima County.
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 of Old Ranch House Road, within a portion of Sections 17 & 20,
Township I I South, Range 13 East.
Zoninst and Lot Size
The Saguaro Ranch Phase 111-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.
Transportation 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 previously approved Saguaro Ranch plats.
Access to all lots will be off of Common Area "A", which comprises the private street network.
100207 PRV-04 105 Sagurao Ranch Phase 111-A FP TC.doc
Disturbance
The maximum allowable disturbance for the entire Saguaro Ranch project is 20 percent. The
areas of disturbance for each buildable lot will be defined at the time a grading permit is issued;
this area will not exceed 27,000 square feet per lot as stated in general note #16. Lot 79 is
allowed a maximum disturbance of 33,000 square feet due to an agreement between Saguaro
Ranch and 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 in combination with
periodic surveillance of the site using aerial photography and geographic information systems.
Benefit Fee Area
All home sites within the Saguaro Ranch Development are required to pay a park impact fee of
$ 1,000 and a school impact fee of $1,200 per lot at the time of building permit issuance per the
pre-annexation agreement adopted by Town Council on June 17, 2003, Resolution 2003-65.
Summar
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
Town Council will be provided a summary application, location map and final plat reduction.
RECOMMENDATION
Staff has reviewed the application for compliance with the Pre-annexation Development
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 Development
Code and the Marana General Plan. This final plat is in substantial conformance with 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. 2007-167.
100207 PRV-04105 Sagunto Ranch Phase 111-A FP TC.doc
MARANA RESOLUTION NO. 2007-167
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL
PLAT FOR SAGUARO RANCH PHASE 111-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 111-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), generally located approximately one and
one-half miles north of the Moore Road and directly east of Old Ranch House Road, within a
portion of Sections 17 & 20, Township I I 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 I through 4 and Common Areas "A" and "B"; and
WHEREAS, the Town Council approved the Saguaro Ranch Phase III preliminary plat, a
partial resubdivision of the original Saguaro Ranch final plat, on November 21, 2006; and
WHEREAS, the Town Council, at their regular meeting on October 2, 2007, has
determined that the Saguaro Ranch Phase 111-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 111-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 miles north of the Moore Road and directly
east of Old Ranch House Road, within a portion of Sections 17 & 20, Township I I South, Range
13 East is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 2 "d day of October, 2007.
ATTEST: ED HONEA, Mayor
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Resolution No. 2007-167
The Saguaro Ranch Phase 111-A 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, 115 5 5 W. Civic Center Drive, Marana, AZ
85653.
TOWN COUNCIL
MEETING TOWN OF MARANA
INFORMATION
MEETINGDATE: October2,2007 AGENDAITEM: 1.4
TO: MAYOR AND COUNCIL
FROM: Richard Vidaurri, Chief of Police
SUBJECT: Resolution No. 2007-168 ' : Relating to the Police Department;
approving and authorizing amendments to the existing
intergovernmental agreement with the Arizona Department of
Public Safety for the Arizona vehicle theft task force
DISCUSSION
In October of 2003 the Marana Town Council passed Resolution No. 2003-132, which
authorized the Chief of the Marana Police Department to enter into an intergovernmental
agreement with the Arizona Department of Public Safety. The agreement related to the Marana
Police Department's participation in the Arizona Vehicle Theft Task force. The Marana Police
Department continues to participate in that program.
Recently, the Arizona Attorney General's Office suggested revisions to certain language in the
agreement. This language does not materially change the terms of the agreement and relates
specifically to: Section 111. Nondiscrimination, Section V. Drug Free Workplace and Section XI.
Arbitration.
This Resolution will authorize Chief Richard Vidaurri to execute a revised version of the
agreement to continue our participation in this worthwhile program.
RECOMMENDATION
Staff recommends approving and authorizing amendments to the existing agreement with DPS to
provide for continued participation in the program.
ATTACHMENT
Amended agreement between MPD and DPS.
SUGGESTED MOTION
I move to adopt Resolution No. 2007-168.
(00006224.DOCIJ
CIH 911810 7
Page I of I
MARANA RESOLUTION NO. 2007-168
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING AMEND-
MENTS TO THE EXISTING INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA
DEPARTMENT OF PUBLIC SAFETY FOR THE ARIZONA VEHICLE THEFT TASK FORCE.
WHEREAS the Town of Marana authorized the Marana Police Department in November of
2003, to enter into an intergovernmental agreement with the State of Arizona, through its Depart-
ment of Public Safety, related to participation in the Arizona Vehicle Theft Task Force; and
WHEREAS the Marana Police Department is continuing to participate in the task force; and
WHEREAS the Arizona Department of Public Safety has initiated revisions to certain lan-
guage in the agreement based upon advice it received from the Arizona Attorney General's Office
relating to: Section 111. Nondiscrimination, Section V. Drug Free Workplace and Section XI. Arbitra-
tion; and
WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of
the public to revise the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the agreement between the Town of Marana and the State of Arizona,
Department of Public Safety, attached to and incorporated by this reference in this resolution as Ex-
hibit A is hereby approved, and the Chief of Police is hereby authorized to execute it for and on be-
half of the Town of Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au-
thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga-
tions, and objectives of the intergovernmental agreement.
PASSED, ADOPTED, and APPROVED by the Mayor and Council ofthe Town of Marana,
Arizona, this 2 d day of October, 2007.
ATTEST:
Mayor Ed Honea
Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
(00006222.DOC /) CIH 09118107
DPS CONTRACT NO. 2007-221
P0012007001510-4
INTERGOVERNMENTAL AGREEMENT
REGARDING
ARIZONA VEHICLE THEFT TASK FORCE
This Intergovernmental Agreement ("IGA') is entered into between the State of Arizona,
through its Department of Public Safety, hereinafter referred to as "DPS", and the Marana Police
Department, hereinafter referred to as "Agency."
The purpose of this Agreement is to enhance law enforcement services concerning vehicle theft
through the cooperative efforts of the parties to this Agreement.
The DPS is authorized and empowered to enter into this IGA pursuant to A.R.S. § 41-1713 B.3;
both parties are authorized and empowered to enter into this IGA pursuant to A.R.S. § 11-952.
The Agency is authorized and empowered pursuant to
Now, in consideration of the mutual promises set forth herein, the parties hereby agree to the
following terms and conditions:
1. Participation
The Agency agrees to assign one (1) P.O.S.T. certified sworn law enforcement officer, herein
referred to as officer, to the Arizona Vehicle Theft Task Force on a full-time basis, for such
assignments within the purposes of this contract, as directed by DPS. During this assignment,
the DPS and the Agency agree to allow the officer to maintain all benefits, rights and privileges
available to the officer as if the officer were assigned on a full-time basis to the Agency. The
assigned officer must abide by all of the applicable rules and regulations of the Agency and is
subject to the Agency's disciplinary process. In the event the officer is involved in a critical
incident, as defined by DPS policy, the Agency agrees to cooperate with, and participate in, any
investigation and/or critical incident review conducted by the DPS for the purpose of evaluating
the policies and procedures utilized by the Task Force.
U. Reimbursement
The DPS agrees to reimburse the Agency on a quarterly basis, for 75% of the salary of the
assigned police officer and 100% of pre-authorized Task Force related overtime hours per month
(depending upon funding by the Arizona Automobile Theft Authority), based on the DPS weekly
time accounting summary. The Agency agrees to provide to the DPS the following information:
the officer's annual and hourly rate of pay, the officer's hourly overtime rate of pay and
associated ERE (employee related expenses) costs. The DPS is not obligated to reimburse the
Agency for salary raises or modifications to base salaries unless the Agency notifies the DPS at
least 90 days prior to the effective date of such modification. All approved travel expenses will
be reimbursed directly to the officer by the DPS under the employee travel reimbursement
guidelines established by the Arizona Department of Administration. The DPS shall assign and
maintain a vehicle which will be provided 'in accordance with the DPS vehicle policy to the
Agency officer assigned to the Task Force. The maintenance and use of the DPS vehicle will be
in cofifo- rinanceanTcomph anc e7wiith_a1rD_P Sniles -and regul at-i ons-.-
DPS CONTRACT NO. 2007-221
P0012007001510-4
III. Nondiscrimination
All parties agree to comply with the non-discrimination provisions of the Governor's Executive
Order 99-4.
IV. Indemniflcation
Each party (as 'indemnitor') agrees to indemnify, defend, and hold harmless the other party (as
'indemnitee') from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney's fees) (hereinafter collectively referred to as 'claims') arising out of bodily
injury of any person (including death) or property damage and any other claims (including, but
not limited to, claims of derivative or vicarious liability), which are caused by the act, omission,
negligence, misconduct, or other fault of the indemnitor.
V. Drug Free Workplace
Any officer assigned to the task force will be subject to random and/or for cause drug and
alcohol testing in accordance with the Agency's guidelines and the DPS Drug Free Workplace
Program guidelines. Each assigned officer shall be subject to the responsibilities of and shall
retain all rights as provided for in the DPS Drug Free Workplace Program Manual, DPS Form
Number DPS 932-02056. DPS shall not charge any fee or cost to the Agency for any assigned
officer who undergoes testing. Officers may be removed from the task force for failure to
comply with the Agency's guidelines/drug screening requirement or for his/her failure to comply
with DPS program/drug screening requirements.
VI. Termination
Either party may terminate this Agreement for convenience or cause with thirty (30) days written
notice to the other party. Upon tennination, DPS shall pay the Agency all outstanding amounts
up through the time at which the termination becomes effective. All property shall be returned to
the owning party upon termination.
Any notice required to be given under this Agreement will be provided by mail to:
Sam Fragala, Commander Richard Vidaurri, Chief
Arizona Department of Public Safety Marana Police Department
P. 0. Box 6638 11555 W. Civic Center Dr., Bldg. B
Phoenix, Arizona 85005 Marana, AZ 85653
VII. Cancellation
All parties are hereby put on notice that this contract is subject to cancellation for conflicts of
DPS CONTRACT NO. 2007-221
P0012007001510-4
V111. Recordkeeping
All records regarding this Agreement, including officer's time accounting logs, must be retained
for five (5) years after completion of this Agreement, in compliance with A.R.S. § 35-214,
entitled Inspection and Audit of Contract Provisions.
IX Fees
Neither party may charge the other for any administrative fees for work performed pursuant to
this Agreement.
X. Jurisdiction
The Agency agrees to permit their officer to work outside of their regular jurisdictional
boundaries.
X1. Arbitration
In the event of a dispute under this IGA, the parties agree to use arbitration to the extent required
under A.R.S. §§ 12-1518 and 12-133.
X11. Effective Date/Duration
This Agreement shall become effective upon the execution of two (2) originals by the parties,
and upon one (1) original being filed with the Arizona Secretary of State. This Agreement shall
be for a term of one (1) year after the Agreement becomes effective, but shall automatically
renew itself on July I" of each year if the DPS sends out a written notice of funding availability
to the Agency within thirty (30) days prior to the end of each year. All prior agreements
regarding the task force are canceled as of the effective date of this agreement.
DPS CONTRACT NO. 2007-221
P0012007001510-4
X111. Worker's Compensation Benefits
Pursuant to A.R.S. § 23-1022 D, for the purposes of worker's compensation coverage, all
employees covered by this Agreement shall be deemed to be an employee, of both agencies. The
primary employer shall be solely liable for payment of worker's compensation benefits.
IN WITNESS WHEREOF, THE PARTIES HEREBY subscribe their names this day of
,2007.
State of Arizona
By: -!;-- By:
Roger Vanderpool, irector
Arizona Department of Public Safety
Date: -- J-,18,02 - Date:
Approved as to Form:
5ee, Wed MeMOT-CLndum
Assistant Attorney Gener?,--
Date
Richard Vidaurri, Chief
Marana Police Department
Approved as to Form:
Agency Official
Date
OFFICE OF THE ATTORNEY GENERAL CIVIL DIVISION
TERRY GODDARD STATE OF AmzoNA TRANSPORTATION SECTION
Afforney General I Telephone: 602.542.1680
INTERGOVERNMENTAL AGREEMENT
DETERMINATION '
A.G. Contract No. P0012007001510-4 (DPS #2007-221), an agreement between
public agencies, has been reviewed pursuant to A.R.S. § 11-952, as amended, by the
undersigned Assistant Attorney General who has determined that it is in the proper form
and is within the powers and authority granted to the State of Arizona.
No opinion is expressed as to the authority of the remaining parties, other than the
State or its agencies, to enter into said agreement.
Date: July 12, 2007.
Terry Goddard
A ORNEY GENERAL
Lisc? Maxie-Mullins
Assistant Attorney General
Transportation Section
LMM:cla
26398.4
1275 West Washington, Phoenix, Arizona 85007-2997 * Phone 602-542-1680 * Fax 602 -542-3646
TOWN COUNCIL TowN OF MARANA
MEETING
INFORMATION
MEETINGDATE: October2,2007 AGENDAITEM- I r%
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2007-169: Relating to Real Estate; approving and
authorizing the Director of Public Works to execute certain
electric easements in Saguaro Springs Block 1, Lot A, that the
developer inadvertently failed to convey by plat.
DISCUSSION
On March 7, 2006, the final plat for Saguaro Springs Blocks I - 10 & A through D and Lots I -
9 & A and D was recorded with the Pima County Recorder's Office. The Amended
Development Agreement of April 6, 2004 and final plat facilitated the transfer of Block I to the
Town for public use.
The Developer and Tucson Electric Power (TEP) request the Town to convey to TEP two
electric utility easements within Block I at Lot A and Lot A-Lot I of Saguaro Springs, now
owned by the Town, that the Developer inadvertently failed to convey by plat. The electric
easements are needed for an existing booster station, storage tank, well site and a separate
electric distribution transfortner. The Town and the Developer are required under the terms of
the Saguaro Springs Amended Development Agreement to undertake all things necessary, in
good faith and cooperation, to facilitate the development of the Saguaro Springs project.
RECOMMENDATION
Staff recommends authorizing the Director of Public Works to execute the Electric Utility
Easements in Block 1, Lot A of Saguaro Springs.
SUGGESTED MOTION
I move to adopt Resolution No. 2007-169.
Resolution 200 7-169 Saguaro Springs Blkl Lot A, Lot A-Lot] 09120107BLB
MARANA RESOLUTION NO. 2007-169
RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS TO EXECUTE CERTAIN ELECTRIC EASEMENTS IN SAGUARO
SPRINGS BLOCK 1, LOT A, THAT THE DEVELOPER INADVERTENTLY FAILED TO
CONVEY BY PLAT.
WHEREAS Saguaro Springs Block 1, Lot A was dedicated to the Town for a well site, storage
tank and related purposes by the Saguaro Springs final plat recorded with the Pima County Recorder's
Office in Map 58 at Page 23; and
WHEREAS the Town, Tucson Electric Power and the Developer of the Saguaro Springs project
now realize that two additional Electric Easements should have been conveyed to Tucson Electric Power
Company by plat; and
WHEREAS execution of the easements by the Town is necessary for the Saguaro Springs project
and carries out the spirit and obligation of cooperation among the parities, as expressed in the Saguaro
Springs Development Agreement and its amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN
OF MARANA, ARIZONA, that the easements attached to and incorporated by this reference in this
Resolution as Exhibit "A" and Exhibit "B" are hereby approved and the Director of Public Works is
hereby authorized to execute them for and on behalf of the Town of Marana.
IT IS FUTHER RESOLVED that the Town's Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to complete the terms,
obligations, and objectives of the aforementioned easements and Development Agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 2nd day of October 2007.
Mayor Ed Honea
APPROVED AS TO FORM: ATTEST:
Frank Cassidy, Town Attorney
Jocelyn C. Bronson, Town Clerk
(Saguaro Spgs BLK I Lot A Electric Easements) 070920-BB.doc)
Stantec Consul(Jing Inc.
201 North Bonita Avenue Suite 101
Tucson Ai 85745-2999
Tel: (520) 750-7474 Fax: (520) 750-7470
surftc.com EXHIBIT A
Stantec Des cription of a Proposed Electric Easement
DESCRIPTION of a proposed electric easement over, under and across a portion of L I
A, per the final plat of Saguaro Springs, as recorded in Book 58 of Maps and Plats?al
Page 23 in the office of the Pima County Recorder, located in a portion of Section 18,
Township 12 South, Range 12 East, Gila & Salt River Meridian, Town of Marana, Pima
County, Arizona.
Said easement being more fully described as follows:
COMMENCING AT the Northwest comer of said Section 18 being a found 2"BCSM,
from which the North One Quarter comer of said Section 18, being a found 3/4" iron
pipe, bears North 89"47'51" East a distance of 2525.55 feet;
Thence along the north line of said section, North 89047'51" East a distance of 119.82
feet;
Thence departing said line, South 00*12'09" East a distance of 75.00 feet to a point on
the South Right of Way of Lambert'Lane as found in Book 14, Page 63 of Road Maps,
said point being the TRUE POINT OF BEGINNING;
Thence continuing South 00-12-09" East a distance of 33.00 feet;
Thence South 89*47-51 " West a distance of 15.00 feet;
Thence North 0001210911 West a distance of 30.91 feet;
Thence along a non-tangent curve to the right for an arc length of 10.30 feet (said curve
having a radius of 25.00 feet, a central angle of 23*36'36", and a radial line in of
South 23048!45" East and a radial line out of North 000 12'09" West);
Thence North 89047'51" East a distance of 4.99 feet the TRUE POINT OF BEGINNING.
Said easement containing an approximate area of.488 square feet or 0.01 acres of land,
more. or less.
Disclaimer, Stantec Consulting accepts no liability for this description
modified or reformatted in any way from its odginal format and content,,
puipose other than that for which it was originally intended.
Prepared by Nathan L. Gardner, RLS
Prepared on I 1 -11-05 Reprinted on 09-12-07
Prepared for and on behalf of Stantec Consulting Inc.
Project Number 185621934
November 11, 2005
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201 North, Bonita Ave
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Fox. 520.750.7470
www.stantec.com
SAGUARO RESERVE LL.C., SAGUARO SPRINGS
T 12 S. R 12 1- SECTION 18
PIMA COUNTY, ARIZONA
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Proposed T.E.P. Easement
Description Exhibit
PAGE 2 OF 2
Stantec Consulting Inc.
201 North Bonita Avenue Suite 101
Tucson AZ 85745-2999
Tel: (520) 750-7474 Fax: (520) 750-74-M
stanWc.wrn EXHIBIT B
?iF-71
Description of a Proposed Electric .. Easement
DESCRIPTION of a proposed electric easement over, under and across a portion of Lot
A, per the final plat of Saguaro Springs, as recorded in Book 58 of Maps and Plats at
Page 23 in the office of the Pima County Recorder, located in a portion of Section 18,
Township 12 South, Range 12 East, Gila & Salt River Meridian, Town of Marana, Pima
County, Arizona.
Said easement being more fully described as follows:
COMMENCING AT the Northwest comer of said Section 18 being a found 2"BCSM,
from which the North One Quarter comer of said Section 18, being a found 3/4" iron
pipe, bears North 89*47'51 " East a distance of 2525.55 feet;
Thence along the north line of said section, North 89*4751" East a distance of 420.60
feet;
Thence departing said line, South 00*1210911 East a distance of 75.00 feet to a point on
the South Right of Way of Lambert Lane as found in Book 14, Page 63 of Road Maps,
said point being the TRUE POINT OF BEGINNING;
Thence continuing South 00" 12'09". East a distance of 15.00 feet;
Thence South 89*47-51 " West a distance Of 15-00 feet to the East line of Lot A;
Thence along the East line of Lot A North 00012109" West a distance of 15.00 -feet;
Thence North 89047'51" East a distance of 15.00 feet the TRUE POINT OF
BEGINNING.
Said parcel containing an approximate area of 225 square feet or 0.01 acres of land,
more or less.
Disclaimer Stantec Consulting accepts no liability for this description if it has been
modified or reformatted in any way from its original format and content, or used for any
purpose other than that for which it was originally intended.
Prepared by Nathan L. Gardner, RLS
LA
Prepared on 11 -11-05 -C?
Reprinted on 09-12-07 zi-Y"M 31-3786 0
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Prepared for and on behalf of Stantec Consulting Inc. NA?WHAN L. :3
Project Number. 185621934 GARDNER
November 11, 2005 P,
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201 North Bonito Ave SAGUARO RESERVE LLC., SAGUARO SPRINGS
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Tucson AZ U.S.A. PIMA-COUNTY; ARIZONA
85745--2999 F4t" ft
Tel. 520.750.7474 7ft 1.0
SWnt8C. Fax. 520.750.7470 Proposed T.E.'P. Easement
www-stantec.corn Descdption Exhibit
PAGE 2 OF 2
TOWN COUNCIL
MEETING TowN OF MARANA
INFORMATION
MEETINGDATE: October2,2007 AGENDA ITEM: J. I
TO: MAYOR AND COUNCIL
FROM: Charles Mangum, Airport Director
SUBJECT: Relating to Personnel: authorizing staff to hire an executive
assistant at the Marana Regional Airport.
DISCUSSION
The Marana Regional Airport is requesting a mid-year allocation to fund an Airport executive
assistant. The cost of this position will be offset by the additional revenue the executive assistant
will collect with the aircraft open tiedowns and other airport fees. The revenue increase would
be as a result of canceling the Pima Aviation 0 en tiedown management contract and taking over
those resDonsibilities. It is estimated that this position will collect more than $45,000 per year in
airport revenue. The revenue collected should continue to increase each fiscal year as the airport
continues to grow.
The cost of this position will also be offset by reimbursable time spent on grant projects. It is
estimated that at least $8,400 of personnel costs per year will be reimbursed through grants (20%
of $42,000 {salary + benefitsl = $8,400).
The estimated expense of this request is as follows:
Standard executive assistant: $30, 000 Minimum + $12, 000 Benefits = $42, 000
Total annual cost for Airport Executive Assistant = $33,600
($42,000 x 20% = $8,400 reimbursable time spent on grants)
($42,000 - $8,400 = $33,600 Annual Expense Impact)
Impact for remaining 2007-2008 budget on airport operational expenses = $22,400
($42,000/12 months = $3,500 per month x 8 months = $28,000)
($28,000 x 20% = $5,600 reimbursable time spent on grants)
($28,000 - $5,600 = $22,400 expense impact)
Therefore, the annual revenue collected by this position will exceed the annual personnel costs
by more than $11,400 ($45,000 revenue collected - $33,600 position cost).
Some of the sample duties of the Airport executive assistant would include:
Accounts receivable (The Airport would cancel the open tiedown management
contract with Pima Aviation giving the Town of Marana full control of the open
tiedowns along with 100% of the revenue for the open tiedowns.)
Marana Regional Airport - Executive Assistant October 2, 2007
Accounts payable
Airport newsletter
Airport website
Storm Water Pollution Prevention Plan - oversight, documentation and plan update
Disadvantage Business Enterprise Plan - oversight, documentation and plan update
Tenant compliance and enforcement of rules and regulations
Fuel tracking
Lease monitoring and tracking
Insurance compliance, monitoring and tracking
Construction coordination with tenants
CIP projects
Grant reimbursements
Grant writing
Coordination with FAA, ADOT and other Govemmental Agencies
General administrative support
Other duties as assigned
FINANCIAL IMPACT
The estimated position cost of $42,000 will be paid by the Airport Fund. These costs are
projected to be offset by an estimated increase in tie down revenues of $45,000.
RECOMMENDATION
I Staff recommends authorization to hire an airport executive assistant.
SUGGESTED MOTION
I I move to approve the hiring of an executive assistant at the Marana Regional Airport.
-2-
TOWN COUNCIL
MEETING TOWN OF MARANA
INFORMATION
MEETING DATE: October 2, 2007 AGENDAITEM: J. 2
TO: MAYOR AND COUNCIL
FROM: Kevin Kish, AICP, Planning Director
SUBJECT: Resolution No. 2007-170: Relating to Development; approving and
authorizing a preliminary plat for Las Mananitas.
DISCUSSION
Reques
The applicant requests preliminary plat approval of a 33-lot single family custom residential
subdivision on 44.96 acres.
This project was presented to the Planning Commission on August 29, 2007. The Planning
Commission is forwarding this preliminary plat to the Town Council with a unanimous
recommendation for approval.
Location
The site is generally located east of Camino De Manana and I - I miles south of Tangerine Road.
Zonin
The Las Mananitas preliminary plat area is zoned R-36 by Ordinance 2002.18. To protect and
preserve vegetation, a rezoning condition restricts the total site disturbance to a maximum of 30
percent. Lots range in size from 43,561 square feet (lot 28) to 87,538 square feet (lot 4); the
average lot size is proposed to be 54,976 square feet. The grading envelopes are shown per
Ordinance 2002.18; however a procedure to modify the location and shape (not size) of the
envelopes will be finalized on the final plat to allow flexibility for custom homes. The proposed
grading envelopes range from 12,500 square feet (lot 33) to 14,422 square feet (lot 17). The area
outside of the grading limits will be protected from disturbance by deed restrictions and final plat
notes.
Parks and Schools
Each residential unit will pay the required adopted impact fee for public park and trail system
facilities. This subdivision consists of 33 lots with a gross density of 0.82 dwelling units per
acre; therefore it is not required to have an on-site park. The owner has agreed to a voluntary
school improvement contribution fee of $1,200 per each new residential dwelling unit payable to
the Marana Unified School District. All fees will be paid by the lot owners at the time of
building permit issuance.
100207 Las Mananitas PRV-07030 PP.doc
Transportation
Two private streets will provide access to the proposed subdivision from Camino De Manana.
A subdivision street standards design exception has been approved by the Planning Commission
to allow a cul-de-sac longer than 1,000 feet and a roadway cross-section of 36 feet with no
sidewalks. A condition that requires 4 additional parking spaces on each lot has been added due
to street parking restrictions.
Utilities and Public Service
The subdivision will be served by Marana Water. No public sewer exists in the area; therefore
lots are considerably larger than the minimum allowed by the "R-36" zoning district in order to
accommodate septic systems. Northwest Fire is in the process of annexing the plat area; this will
be completed prior to final plat approval.
ATTACHMENTS
Summary of application, preliminary plat reduction and location map.
RECOMMENDATION
Staff has reviewed the request against the requirements of the Marana Land Development Code,
the Marana General Plan, and the Rezoning Conditions of Ordinance No. 2002.18. This
preliminary plat is in conformance with all required development regulations and design
guidelines. Staff recommends approval of the preliminary plat for Las Mananitas.
SUGGESTED MOTION
I move to approve Resolution No. 2007-170.
-2-
100207 Las Mananitas PRV-07030 PP.doc
MARANA RESOLUTION NO. 2007-170
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A
PRELIMINARY PLAT FOR LAS MANANITAS.
WHEREAS Coronado Engineering and Development, Inc., representing the owner of Las
Mananitas, has applied for approval of a preliminary plat for a 33-lot single-family residential
subdivision on 44.96 acres, including lots I through 33 and common area "A", and is generally
located on the cast side of Camino De Manana approximately 1. 1 miles south of Tangerine Road
within a portion of Section 12, Township 12 South, Range 12 East; and
WHEREAS the Marana Planning Commission at their regular meeting held on August
29, 2007, and at said meeting voted 7-0 to recommend that the Town Council approve said
preliminary plat;
WHEREAS the Town Council, at their meeting on October 2, 2007, has determined that
Las Mananitas preliminary plat should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that Las Mananitas preliminary plat, a 33-lot single-family residential
subdivision is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 2nd day of October, 2007.
ATTEST:
Mayor Ed Honea
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk
Frank Cassidy, Town Attorney
The Las Mananitas 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.
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: October 2, 2007 AGENDAITEM: J. 3
TO: MAYOR AND COUNCIL
FROM: Kevin Kish, AICP, Planning Director
SUBJECT: Resolution No. 2007-171: Relating to Development; approving and
authorizing a preliminary plat for Gladden Farms Block 25.
DISCUSSION
Reques
The applicant requests preliminary plat approval for a 47-lot single family detached home
subdivision on approximately 19.6 acres within the Gladden Farms development.
Location
The proposed subdivision will be located in Block 25 of the Gladden Farms block plat, south of
Tangerine Farms Road and east of the Gladden Farms Regional Park.
Zoning and Builder Information
The zoning for Block 25 is R-8 (Single Family Residential with a minimum lot size of 8,000
square feet). The minimum lot size within this project is 8,810 square feet (lot 2) with an
average lot size of 11, 124 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 and Trail Connectivity
This project will have two accesses off of Tangerine Farms Road. This project has multiple
trails that connect to the sidewalk along Tangerine Farms Road as well as to the trails that run
along the Santa Cruz River/Marana Heritage Park/Gladden Farms Regional Park.
Park Requirements And Benefit Fee Area
Block 25 does not require an on-site park due to the number of lots being under 50. A passive
recreation area and trail system has been planned for Common area "C-l", which is centrally
located within the subdivision. In addition, the subdivision is located adjacent to the Gladden
Farms Regional Park.
The builder will be responsible for all applicable park and transportation impact fees along with
a $900 per unit school contribution, per the amended development agreement, payable at
building permit issuance.
100207 PRV-05122 Gladden Fanns Block 25 PP TC.doc
ATTACHMENTS
Summary application, location map and plat reduction.
RECOMMENDATION
Staff has reviewed the application for compliance with the development agreement as amended,
the Marana Land Development Code, the Northwest Marana Area Plan and the Marana General
Plan. This preliminary plat is in conformance with all required development regulations and
conditions of zoning. Staff recommends approval of a preliminary plat for Gladden Farms Block
25.
SUGGESTED MOTION
I move to approve Resolution No. 2007-171.
100207 PRV-05122 Gladden Farms Block 25 PP TC.doc
MARANA RESOLUTION NO. 2007-171
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A
PRELIMINARY PLAT FOR GLADDEN FARMS BLOCK 25.
WHEREAS, on December 4, 200 1, 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 25, has applied
for approval of a preliminary plat for a 47-lot single-family home subdivision on 19.59 acres,
including lots I through 47 and common areas "A-l"-"A-6", "B-1"-"B-2" and "C-l", and is
generally located south of Moore Road and west of Tangerine Farrns Road , within Section 34,
Township I I South, Range I I East; and
WHEREAS, the Marana Town Council, at their regular meeting on October 2, 2007,
determined that the Gladden Farms Block 25 preliminary plat should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that Gladden Farms Block 25 preliminary plat is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 2nd day of October, 2007.
ATTEST:
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Ed Honea, Mayor
Marana Resolution No. 2007-171
The Gladden Farms Block 25 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, 115 5 5 W. Civic Center Drive, Marana, AZ
85653.
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: October 2, 2007 AGENDAITEM: .1.4
TO: MAYOR AND COUNCIL
FROM: Kevin Kish AICP, Planning Director
SUBJECT: Resolution No. 2007-172: Relating to Development; approving and
authorizing a development plan for Village Center at Cortaro
Ranch.
DISCUSSION
Reques
The request is for development plan approval for a commercial and office center on 21.5 acres of
land generally located on the northwest comer of the intersection of Cortaro Farms Road and
Cerius Stravenue.
Location and Transportation
This site is accessed from Cortaro Farms Road and Cerius Stravenue. The developer is
responsible for the design and construction of a traffic signal at the Cortaro Farms and Cerius
Stravenue intersection, the widening of Cerius Stravenue to provide an additional travel lane (as
shown on the Development Plan) and a right turn lane on west bound Cortaro Farms at the
project's driveway of that roadway. Right-of-way will be dedicated in the northwestern portion
of the development to allow for access to residential properties to the north of the site.
Design and Builder Information
There are four proposed buildings with a combined building area of 117,754 square feet on the
first floor and 28,900 square feet of building area on a second floor. The proposed height is 43
feet 6 inches with a maximum height of 50 feet allowed.
This project was submitted before commercial design guidelines were required but the proposed
buildings meet or exceed the standards. The design of the project provides courtyards, varied
building materials and textures and numerous architectural embellishments along with extensive
landscaping that create a rich and inviting atmosphere.
The property is subject to rezoning Ordinance No. 95.30 which requires development plans and
plats to be approved by the Planning Commission and Town Council.
ATTACHMENTS
Application and location map, reduced development plan and elevations.
RECOMMENDATION
Staff recommends approval subject to the conditions of a development plan for Village Center at
Cortaro Ranch. Staff has reviewed the application for compliance with the Marana Land
Development Code and the Marana General Plan.
Recommended Conditions:
I . The developer shall enter into an agreement with the IHOP Restaurant property owner to
provide additional right-of-way on the west side of Cerius Stavenue (east side of IHOP)
to be dedicated to the Town (as right-of-way) for the purpose of widening Cerius
Stravenue, as recommended by the Town Engineer.
2. The developer shall be responsible for the design and construction of a traffic signal at
the Cortaro Farms and Cerius Stravenue intersection, the widening of Cerius Stravenue to
provide an additional travel lane (as shown on the Development Plan) and a right turn
lane on west bound Cortaro Farms at the project's driveway of that roadway.
3. The developer shall dedicate to the Town a minimum of 46 feet of right-of-way for Joplin
Lane Alignment access, as accepted by the Town Engineer.
SUGGESTED MOTION
I move to approve Resolution No. 2007-174, the development plan for Village Center at Cortaro
Ranch, with recommended conditions. -
-2-
100207 DPR-06067 Village Center at Cortaro Ranch DP TC.doc
MARANA RESOLUTION NO. 2007-172
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A
DEVELOPMENT PLAN FOR VILLAGE CENTER AT CORTARO RANCH.
WHEREAS, the applicant, Olsson Associates, representing the property owners of
Village Center at Cortaro Ranch, has applied for approval of a development plan for a
commercial and office center, on 21.5 acres, and generally located on the northwest comer of
the intersection of Cortaro Farms Road and Cerius Stravenue, within Section 26 Township 12
South and Range 12 East; and
WHEREAS, the Town Council, at their meeting on October 2, 2007, has determined that
Village Center at Cortaro Ranch development plan should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that Village Center at Cortaro Ranch development plan, a commercial and
office center on 21.5 acres *and generally located on the northwest comer of the intersection of
Cortaro Farms Road and Cerius Stravenue, within Section'26, Township 12 South, and Range 12
East, is hereby approved, subject to the following, conditions:
1. The developer shall enter into an agreement with the IHOP Restaurant property owner
to provide additional right-of-way on the west side of Cerius Stavenue (east side of
1HOP) to be dedicated to the Town (as right-of-way) for the purpose of widening
Cerius Stravenue as recommended by the Town Engineer.
2. The developer shall be responsible for the design and construction of a traffic signal at
the Cortaro Farms and Cerius Stravenue intersection, the widening of Cerius Stravenue
to provide an additional travel lane (as shown on the Development Plan) and a right
turn lane on west bound Cortaro Farms at the project's driveway of that roadway.
3. The developer shall dedicate to the Town a minimum of 46 feet of right-of-way for
Joplin Lane Alignment access, as accepted by the Town Engineer.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 2 d day of October 2007.
ATTEST:
Mayor Ed Honea
Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Resolution No. 2007-172
The Village Center at Cortaro Ranch 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, 115 5 5 W. Civic Center Drive, Marana, AZ
85653.
TOWN COUNCIL TowN OF MARANA
MEETING
INFORMATION
MEETING DATE: October 2, 2007 AGENDAITEM: I- r%
TO: MAYOR AND COUNCIL
FROM: Kevin Kish, AICP, Planning Director
SUBJECT: PUBLIC HEARING. Ordinance No. 2007.24: Relating to
Development; approving and authorizing an amendment to the
Tangerine/Thornydale Specific Plan.
DISCUSSION
Histo
The Tangerine/Thomydale Specific Plan was adopted by the Town Council on July 5, 2006, by
Ordinance No. 2006.20.
The Tangerine/Thomydale Specific Plan Amendment was presented to the Planning Commission
on August 29, 2007. The Commission unanimously recommends approval to the Town Council.
Amendment Request
Old Lobo Villagio, LLC, represented by the Planning Center, requests approval of an amendment
to the Tangerine/Thomydale Specific Plan. The subject site is located on the northwest comer of
Tangerine and Thomydale Roads.
Acceptance of these proposed changes would amend the existing Tangerine/Thomydale Specific
Plan. All of the proposed changes have been underlined in red in the attached amendment
document.
Summary of Proposed Chan2es
The proposed amendment will modify portions of the Tangerine/Thomydale Specific Plan to
allow the applicant the ability to process and obtain any needed federal permits with regard to
wash disturbance. The amendment will also allow additional disturbance for a quasi-public
entity, (i.e. fire station), minor amendments to the commercial project access and layout,
development regulations, and clerical changes. Portions amended include the Development Plan
section and the Development Regulations section.
Re-Conrizuration of Commercial Land
The Tangerine/Thomydale Specific Plan references two minor drainageways located in the
southeastern portion of the commercial project area that have been determined by the Corps of
Engineers to be jurisdictional washes of the United States. Constraints at this site necessitate a
bisected configuration of commercial buildings to straddle the two washes. Due to the limited
extents of these two drainages, approximately .09 acres, this project is eligible for Nationwide
permit (NWP) coverage. Westland Resources, consultant for the applicant, is proceeding with
100207 SPA-07071 Tangerine Thomydale Specific Plan Aniendement TC.doc
obtaining Section 404 permit for the commercial development. It is anticipated that the pro
will be permitted under a NWP 39 permit. Assuming the permit is approved, this amendrr
would allow the commercial site to be reconfigured to impact the .09 acres of the mi
drainageways.
Staff has determined that, due to their limited extents, the two washes are not significant or
unique and should be extended the same rights of other comparably sized commercial projects in
the Town.
The proposed amendment deletes all references to leaving the two washes undisturbed, updates
the disturbed and undisturbed acreages in all land use calculations to include .09 acres as
disturbance, and shows the new proposed configuration of buildings in the concept plan. The
new proposed project configuration, outlined in a revised development plan submittal, increases
the number of pads from four to six.
Allowance for a Northwest Fire Station
The Northwest Fire District has indicated an interest in siting a fire station along the northwest
edge of the proposed commercial development. To accommodate the District's need for a fire
station, public and quasi-public services and utilities was added as a permitted use within the
commercial designation. The Specific Plan will limit an additional amount of disturbance to 3.5
acres for such uses. The 3.5 acres would be in addition to the 40% disturbance allowed for the
private development.
Clariflcation of Taneerine Road Access
Clarification of access to the commercial area on Tangerine Road was deemed necessary by
Staff. Discussion limited to "right in/right out access only" was modified to specifically prohibit
left hand turn lanes. Also, the timeframe for evaluation of the driveway location and tum-lane
requirements was changed to be in conjunction with studies related to the future widening of
Tangerine Road.
Development Reeulation Modirications
A number of commercial uses that the developer proposes to do, and that Staff deems appropriate
for this site, are not specifically listed as permissible uses. To provide clarification for
anticipated land uses in developing this site, fuel stations (in conjunction with a convenience
store), drive-throughs (in conjunction with restaurant and food service), public and quasi-public
services and utilities (to allow a fire station) were added as permissible uses. Also added to
permissible uses were "other similar uses as allowed by Planning Director". In addition, several
uses that require conditional use permit approval were deleted including: restaurant and food
service drive-thru, car washes and private schools. Staff finds the additional clarifications and
additions appropriate for this type of commercial development.
Changes to the development standards include an increase in the allowable maximum building
height for commercial buildings from 40 to 50 feet to allow for architectural embellishments.
Other modifications include clarifying the location and screening requirements for loading areas.
Citizen Participation
The public hearing for this case was properly advertised and the appropriate surrounding
property owners were notified. As of the date of this report, Staff has received two calls, both
100207 SPA-07071 Tangerine Thornydale Specific Plan Amendernent TC.doc
individuals representing the Dove Mountain Homeowners Association. The callers requested an
exhibit showing the location of the fire station and the proposed configuration of buildings.
Several maps were forwarded to them. In follow-up calls to these individuals they indicated that
they were satisfied with the location of the fire station and the general configuration of buildings.
ATTACHMENTS
Application, Location Map and Tangerine/Thornydale Specific Plan Amendment document.
RECOMMENDATION
Staff recommends approval subject to the following conditions:
RECOMMENDED CONDITION OF APPROVAL
I . The applicant shall provide the Town of Marana with copies of the applicable Section
404 permit or documentation of no-notification NWP coverage.
2. The total area of disturbance for the Northwest Fire District station shall not exceed 3.5
acres and will be subject to all applicable state and federal guidelines.
3. All of the rezoning conditions of Ordinance No. 2006.20 remain applicable to this project
except for any conditions that have been modified by this amendment. In which case the
modified conditions will take precedence.
4. Compliance with all applicable provisions of the Town's Codes, and Ordinances current
at the time of any subsequent development including, but not limited to, requirements for
public improvements.
5. The ultimate development proposed by this amendment shall be consistent with the
adopted Development Agreement as amended.
6. No approval, permit or authorization by the Town of Marana authorizes violation of any
federal or state law or regulation or relieves the applicant or the land owner from
responsibility to ensure compliance with all applicable federal and state laws and
regulations, including the Endangered Species Act and the Clean Water Act. Appropriate
experts should be retained and appropriate federal and state agencies should be consulted
to determine any action necessary to assure compliance with applicable laws and
regulations.
7. Upon adoption of the ordinance by the Mayor and Council approving the
Tangerine/Thornydale Specific Plan amendment, the applicant shall provide the planning
department with the following final edition of the revised Tangerine/Thornydale Specific
Plan amendment: one non-bound original; forty bound copies; and, one digital copy in
Microsoft Word or other acceptable format, within 60 days of adoption.
SUGGESTED MOTION
I move to approve Ordinance No. 2007.24, the Tangerine/Thornydale Specific Plan amendment,
with recommended conditions.
-.3-
100207 SPA-07071 Tangeiine-Thomydale Specific Plan Aniendement TC.doc
MARANA ORDINANCE NO. 2007.24
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING AN AMENDMENT
TO THE TANGERINE/THORYNDALE SPECIFIC PLAN.
WHEREAS, The Tangerine/Thornydale Specific Plan was adopted by the Marana Town
Council July 5, 2006, by Ordinance 2006.20; and,
WHEREAS, The Planning Center represents the property owners of Tangerine/Thornydale
Specific Plan that consist of approximately 58.8 acres of land located within portions of Sections
3 1, Township I I South, Range 13 East; and,
WHEREAS, the Marana Planning Commission held a public hearing on August 29, 2007,
and at said meeting voted unanimously to recommend that the Town Council approve said
amendment, adopting the recommended conditions; and,
WHEREAS, the Marana Town Council heard from representatives of the owner, staff and
members of the public at the regular Town Council meeting held October 2, 2007, and has
determined that the amendment to the Tangerine/Thornydale Specific Plan should be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1. The Tangerine/Thornydale Specific Plan is hereby amended by removing all references
that indicate that the minor washes will left undisturbed, to allow additional disturbance for a
quasi-public entity, (i.e. fire station), including minor amendments to the commercial project
access and layout, development regulations, and clerical changes.
Section 2. The Development Plan, in Section 11, and the Development Regulations, Section IV, are
hereby amended as depicted in the specific plan amendment, attached as Exhibit "A".
Section 3. The purpose of this amendment is to modify the specific plan to clarify, and provide
opportunities similar to other developments, in developing the commercial project design, subject to
the following conditions, the violation of which shall be treated in the same manner as a violation of
the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning
ordinance):
The applicant shall provide the Town of Marana with copies of the applicable Section 404
permit or documentation of no-notification NWP coverage.
Marana Ordinance No. 2007.24
Page I of 2
2. The total area of disturbance for the Northwest Fire District station shall not exceed 3.5
acres and will be subject to all applicable state and federal guidelines.
3. All of the rezoning conditions of Ordinance 2006.20 remain applicable to this project
except for any conditions that have been modified by this amendment. In which case the
modified conditions will take precedence.
4. Compliance with all applicable provisions of the Town's Codes, and Ordinances current at
the time of any subsequent development including, but not limited to, requirements for
public improvements.
5. The ultimate development proposed by this amendment shall be consistent with the
adopted Development Agreement as amended.
6. No approval, permit or authorization by the Town of Marana authorizes violation of any
federal or state law or regulation or relieves the applicant or the land owner from
responsibility to ensure compliance with all applicable federal and state laws and
regulations, including the Endangered Species Act and the Clean Water Act. Appropriate
experts should be retained and appropriate federal and state agencies should be consulted
to determine any action necessary to assure compliance with applicable laws and
regulations.
7. Upon adoption of the ordinance by the Mayor and Council approving the
Tangerine/Thornydale Specific Plan amendment, the applicant shall provide the planning
department with the following final edition of the revised Tangerine/Thornydale Specific
Plan amendment: one non-bound original; forty bound copies; and, one digital copy in
Microsoft Word or other acceptable format, within 60 days of the adoption.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
2 d day of October, 2007.
Ed Honea, Mayor
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Ordinance No. 2007.24
Page 2 of 2
The Tangerine/Thornydale Specific Plan 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.
TOWN COUNCIL
MEETING TowN OF MARANA
INFORMATION
MEETING DATE: October 2, 2007 AGENDA ITEM: J.6
TO: MAYOR AND COUNCIL
FROM: Kevin M. Kish, AICP, Planning Director
SUBJECT: PUBLIC HEARING. Ordinance No. 2007.25: Relating to
Development; approving and authorizing a rezoning for the
Uptown at Marana Specific Plan.
DISCUSSION
Histor
A public hearing for the Uptown at Marana Specific Plan was held during the July 30, 2007 Planning
Commission meeting. During this meeting, no property owners or concerned citizens appeared
before the Commission. The Planning Commission voted 4-2, with Commissioners Winger and
Fogel dissenting, for recommending approval to Town Council.
A presentation was made to Town Council on August 14, 2007 to familiarize the Council with the
prej ect.
Rezoning Reguest
The project lies north of Marana Road, west of 1-10 to Sanders Road. Approval of this proposed
rezoning would recommend to the Town Council to rezone the subject area of approximately 205
acres from "R-14411 (single family residential, 144,000 square foot minimum lot area) to "F" Specific
Plan to create the Uptown at Marana Specific Plan. The purpose of "F" zoning is generally to
provide functionality and creativity in site planning and design that the developer cannot achieve
with conventional zoning. The applicant is proposing to develop a master planned community that
includes neighborhood and regional commercial, mixed use of commercial and residential, a mix of
residential densities and housing types, recreation and open space. The specific plan will restrict
residential development to a maximum of 930 residential units
General Plan
The 2003 General Plan designates the subject area as Medium Density Residential (MDR). MDR is
characterized by detached and attached single-family dwelling units as well as other various types of
multi-family housing. Various commercial services are appropriate based on compatibility. The
proposed rezoning is located within a designated growth area and its mix of commercial and
residential uses and densities fully supports General Plan goals and policies for diverse land uses,
efficient use of infrastructure and public services, environmental quality and recreation.
This rezoning proposal requests approval of a specific plan which requires a land use designation of
"MPA" (Master Planning Area). The change in land use designation from "NMR" to "MPA"
requires a minor General Plan amendment and is also to be considered as part of the Specific Plan
request.
100207 PCZ-06099 Uptown at Marana Specific Plan TC.doc
Land Use
The Uptown at Marana Specific Plan is designed as a walkable, compact mix of commercial and
residential development with five different land use designations totaling 205 acres. Low-medium
residential (41 acres) and medium-high residential (26 acres) are planned for the central and
northwest areas of the site. Neighborhood commercial (8 acres) is a smaller, pedestrian scale
commercial area located north of and parallel to Marana Road. Regional commercial (80 acres) is
planned for the eastern area of the property, adjacent to 1-10 and the neighboring property that will
eventually be developed for large scale commercial. Mixed use (29 acres) with commercial and
residential is located in the southwest area. The remaining 28 acres consists of open space, park
facilities, and trails for connectivity within and beyond the property.
These land use designations are described in more detail below:
• Low-Medium Density Residential for single-family dwelling units, including attached units of
higher density duplexes, town homes, row houses, and urban villas. The project may also include
detached single family units on a minimum lot size of 2,200 square feet. The density range is 3.1
- 8.0 units per acre.
• Medium-High Density Residential for attached single-family dwelling units, including town
homes, row houses, and urban villas. This use also includes traditional multi-family units. The
minimum lot area for attached single family units is 1,625 square feet. The density range is 8.1 -
12.0 units per acre.
• Neighborhood Commercial is proposed as a pedestrian scale, central marketplace in a Main
Street setting with a variety of retail and service uses.
• Regional Commercial is located to take advantage of visibility to 1-10 and Marana Road. This
area includes a wide range of vehicle oriented retail uses, ranging from national retail tenants to
small users. Building design standards will allow flexibility for national tenant standards, but
also design for compatibility with the overall project design.
• Mixed Use allows multi-family uses. along with commercial uses permitted in Neighborhood
Commercial. No more than 50% of an MU parcel can be developed as residential.
Traffic Circulation
Uptown at Marana will be accessed from Marana Road and from Sanders Road. There are four
major intersections, including the north terminus of Tangerine Farms Road, with Marana Road.
There is one intersection with Sanders Road, and two internal connections to the adjacent property to
the east. Internal circulation is comprised of a network of collectors, local streets and alleys that
effectively define the different use areas and connections throughout the development. All major
streets will be public, and local streets within development blocks may be private or public as
determined during the platting process.
Six street and alley cross sections are proposed for the commercial and residential areas. Those
proposed sections were presented in a Design Exception Report to allow for some variance from
Marana street standards, and approved by the Planning Commission at their July 30, 2007 meeting.
Road Improvements
There are several road improvements to be completed as part of overall development of the Town
Center. Improvements include widening Marana Road to six lanes, reconstructing the Marana 1-10
traffic interchange, extending Marana Main Street from Sandario Road to Marana Road,
100207 PCZ-06099 Uptown at Marana Specific Plan TC.doc
reconstructing the Marana Road/Sandario Road intersection, and building a pedestrian underpass on
Marana Road. The Developer will participate in the design and construction of these improvements
in accordance with the traffic analysis and the adopted development agreement.
The Developer will be required to dedicate the necessary rights-of-way for Marana Road and Sanders
Road. In addition to intersection improvements for signalization, turn lane improvements, and other
roadway improvements, the developer will be responsible for widening Marana Road from four lanes
(to be constructed by Sanders Grove) to six lanes. In the event that Sanders Grove does not construct
the initial four lane improvements, the Developer will be responsible for that construction.
This development will also be subject to the adopted Northwest Marana Roadway Impact Fee.
Open Space, Recreation And Trails
The Uptown at Marana. Specific Plan will provide a central community park as well as pocket parks
throughout the development. These parks will address the required on-site recreational requirements,
be developed in conjunction with the individual subdivisions, and meet the minimum Town of
Marana adopted standards.
The specific plan will also include a linear layout of open space and a network of trails to connect all
areas within the project as well as major community trails adjacent to the property. Landscaped
buffer areas are provided along the perimeter of the project, including a 3 0' buffer along I- 10, as well
as internal buffers between different land uses.
This development will be subject to the adopted Park Development Impact Fee.
Sanitary Sewer
All lots are proposed to be served by extending the existing sanitary sewer system. The Developer
will prepare, at their sole expense, a Sewer Master Plan and enter into a Water Service Agreement
prior to recordation of the final block plat for the property. The Sewer Master Plan will define the
necessary wastewater conveyance scheme to connect to the sanitary sewer system in an acceptable
location. The Sewer Master Plan will also identify the necessary on-site conveyance scheme to
provide sewer connections to all platted lots or blocks within the property. The Sewer Master Plan
will also include a sewer phasing plan.
Water
The Developer will prepare a Water Master Plan for the property and enter into a Water Service
Agreement with the Marana Municipal Water Company (MMWC) prior to the approval of the final
block plat. This agreement will address potable and non-potable systems that set forth various
agreements for the interconnections and main extensions from the existing water system, and the
development, construction, dedication, ownership, and design of the water system, including any
necessary storage and well(s) to serve the property. M1VWC will own the potable and non-potable
water systems, will provide potable water service to the property, and either MMWC or another
water provider will supply non-potable water service to the property. The water will be provided
through the non-potable water system constructed by the Developer and dedicated to MMWC. The
Water Service Agreement must be in place prior to the approval of the Master Water Plan.
School District
100207 PCZ-06099 Uptown at Marana Specific Plan TC.doc
The developer has volunteered to contribute a fee per residential unit to mitigate the effects of the
proposed development on the Marana Unified School District.
Fire Protection
This property will be served by two fire districts. Approximately 40 acres of the property is in the
Avra Valley Fire District, and the remaining area is to be annexed into the Northwest Fire District,
which has a mutual aid agreement with the Avra Valley Fire District. The Northwest Fire District
will act on this annexation at their September 25, 2007 meeting.
If necessary, the Development Agreement will state that prior to performing a final Building
Department inspection on any dwelling unit, the owner shall have completed annexation into the fire
district, or provide evidence to the Town's satisfaction that a diligent effort has been made to
complete the process of having the property annexed into the fire district, or provide for other fire
protection service.
Desi2n Standards
Section IV of the specific plan, Development Standards and Design Guidelines, provides the
regulatory requirements for the proposed specific plan. These regulations establish development
standards to evaluate and direct all planning and design within the project area. Staff finds that the
proposed regulations are appropriate to allow enhanced design capabilities and has no objections to
the standards.
This section also includes residential and commercial design standards that include minimum
standards for development of the specific plan. These standards meet or exceed the Residential
Design Standards and Commercial Design Standards adopted by the Town in 2005 and 2006.
Waiver Of Potential Arizona Property Ri2hts Protection Act Compensation Claims
To protect the Town against potential claims filed under the Arizona Property Rights Protection Act
as a result of changes in the land use laws that apply to the rezoning areas by the Town's adoption of
this ordinance, staff requires the applicant waive any rights to compensation for diminution in value
by execution and recordation of the attached waiver instrument: the Consent to Conditions of
Rezoning and Waiver of Claims for Possible Diminution of Value Resulting from Town of Marana
Ordinance No. 2007.25. Ordinance No. 2007.25 is not operative unless and until the applicant
waives any potential compensation claims.
If the applicant does not forward the waiver in time to record it within 90 days after the ordinance is
passed, the ordinance becomes null and void, as if no action were ever taken to pass the ordinance.
Citizen Participation
The applicant contacted property owners in the area and received only one inquiry from Meritage
Homes, the owner of Sanders Grove to the west.
The public hearing for this case was properly advertised and the appropriate surrounding property
owners were notified. As of the date of this report, no additional public comments had been
received.
ATTACHMENTS
Application, location map and proposed specific plan.
100207 PCZ-06099 Uptown at Marana Specific Plan TC.doc
RECOMMENDATION
Staff recommends approval of the Uptown at Marana Specific Plan subject to the conditions below.
RECOMMENDED CONDITIONS OF APPROVAL
I Compliance with all applicable provisions of the Town's Codes, and Ordinances current at
the time of any subsequent development including, but not limited to, requirements for public
improvements.
2. The ultimate development proposed by this rezoning shall be consistent with the adopted
Development Agreement which shall be adopted prior to Town Council approval of the first
preliminary plat or development plan.
3. The Development has voluntarily agreed to enter into a school contribution agreement with
the Marana Unified School District providing for a contribution per residential unit to
mitigate the effects of the proposed development.
4. The maximum allowable residential units for the project shall not exceed 930.
5. The property owner shall not cause any lot split of any kind without the written consent of
the Town of Marana.
6. No approval, permit or authorization by the Town of Marana authorizes violation of any
federal or state law or regulation or relieves the applicant or the land owner from
responsibility to ensure compliance with all applicable federal and state laws and regulations,
including the Endangered Species Act and the Clean Water Act. Appropriate experts should
be retained and appropriate federal and state agencies should be consulted to determine any
action necessary to assure compliance with applicable laws and regulations.
7. The Developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for
Marana Road, Sanders Road, and a pedestrian underpass on Marana Road as agreed upon in
the Development Agreement.
8. The developer will participate in the design and construction of circulation improvements
that may include Marana Road, Marana Main Street, Sandario Road, and a pedestrian
underpass on Marana Road. These and other roadway improvements, as based on the data
and findings of the accepted traffic impact analysis and other traffic studies, will be as agreed
upon in the Development Agreement. In the event that Sanders Grove does not construct the
initial four lane improvements to Marana Road, the Developer will be responsible for that
construction as agreed upon in the Development Agreement.
9. A water service agreement and a master water plan must be submitted by the Developer and
accepted by the Utilities Director prior to the approval of the final block,plat by the Town
Council.
10. A sewer service agreement and master sewer plan must be submitted by the Developer and
accepted by Pima County Wastewater Management and the Town Engineer prior to the
approval of the final block plat by the Town Council.
11. Before a certificate of occupancy is issued for any dwelling unit on the Property, the
Developer shall have completed or shall provide evidence to the Town's satisfaction that
Developer has made a diligent effort to complete the process of having the Property annexed
into a fire district or otherwise provide for fire protection service
100207 PCZ-06099 Uptown at Marana Specific Plan TC.doc
12. Installation of a non-potable system shall be required to serve the common open space areas
and other landscaped amenities as accepted by the Town of Marana.
13. The property owner shall transfer with the final plat, by the appropriate Arizona Department
of Water Resources form, those water rights being IGR, Type I or Type 11 to the Town of
Marana for the Town providing designation of assured water supply and water service to said
property. If Type I or Type 11 is needed on said property, the Town and developer/landowner
shall arrive at an agreeable solution to the use of those water tights appurtenant to said land.
14. All private parks and trails within Uptown at Marana will be developed by the Master
Developer, subject to the approval of the Planning Director and the Parks and Recreation
Director. The community and neighborhood parks must be identified in subdivision plats
with detailed design as part of the landscape plans for those subdivisions.
15. Upon adoption of the ordinance by the Mayor and Council approving the Uptown at Marana
Specific Plan, the applicant shall provide the Planning Department with the following final
edition of the Uptown at Marana Specific Plan: one non-bound original; forty bound copies;
and one digital copy in Microsoft Word or other acceptable format within 60 days of the
adoption.
16. Minor grammatical and technical changes as required by the Town of Marana shall be made
to the Uptown at Marana Specific Plan.
17. The Master Developer shall submit an annual report within 30 days of the anniversary of the
Town Council's approval of the Specific Plan in addition to those requirements listed in the
Land Development Code.
SUGGESTED MOTION
I move to adopt Ordinance No. 2007.25, the rezoning for the Uptown at Marana Specific Plan, with
conditions.
100207 PCZ-06099 Uptown at Marana Specific Plan TC.doe
MARANA ORDINANCE NO. 2007.25
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR
THE UPTOWN AT MARANA SPECIFIC PLAN.
WHEREAS, JF Properties, Inc. and The Cardon Group, LLC represent the property owners
of approximately 205 acres of land located within a portion of Section 2 1, Township I I South,
Range I I East, as described on Exhibit "A", attached hereto and incorporated herein by this
reference; and,
WHEREAS, the Marana Planning Commission held a public hearing on July 3 0, 2007, and
at said meeting voted 4-2 to recommend that the Town Council approve said rezoning, adopting the
recommended conditions; and,
WHEREAS, the Marana Town Council heard from representatives of the owner, staff and
members of the public at the regular Town Council meeting held October 2, 2007, and has
determined that the rezoning meets the criteria for a minor amendment to the General Plan, changing
the land use designation from "MDR" (Medium Density Residential) to "F" (Specific Plan), and
should be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1. A minor amendment to the General Plan of approximately 205-acres of land located
within a portion of Section 2 1, Township I I South, Range I I East, north of Marana. Road, from I- 10
west to Sanders Road (the "Rezoning Area"), changing the land use designation from "MDR"
(Medium Density Residential) to "F" (Specific Plan).
Section 2. The zoning of approximately 205 acres of land located within a portion of Section 2 1,
Township I I South, Range I I East, north of Marana Road, from I- 10 west to Sanders Road (the
"Rezoning Area"), is hereby changed from Zone "R- 144" (Single family residential, 144,000 square
feet minimum) to "F" (Specific Plan) creating the Uptown at Marana Specific Plan.
Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for a master
planned community that includes regional and neighborhood commercial, mixed use of commercial
and residential, a mix of residential densities and housing types, recreation and open space subject to
the following conditions, the violation of which shall be treated in the same manner as a violation of
the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning
ordinance):
Marana Ordinance No. 2007.25
Page I of 4
1. Compliance with all applicable provisions of the Town's Codes, and Ordinances current at
the time of any subsequent development including, but not limited to, requirements for
public improvements.
2. The ultimate development proposed by this rezoning shall be consistent with the adopted
Development Agreement which shall be adopted prior to Town Council approval of the
first preliminary plat or development plan.
3. The Development has voluntarily agreed to enter into a school contribution agreement with
the Marana Unified School District providing for a contribution per residential unit to
mitigate the effects of the proposed development.
4. The maximum allowable residential units for the project shall not exceed 930.
5. The property owner shall not cause any lot split of any kind without the written consent of
the Town of Marana.
6. No approval, permit or authorization by the Town of Marana authorizes violation of any
federal or state law or regulation or relieves the applicant or the land owner from
responsibility to ensure compliance with all applicable federal and state laws and
regulations, including the Endangered Species Act and the Clean Water Act. Appropriate
experts should be retained and appropriate federal and state agencies should be consulted
to determine any action necessary to assure compliance with applicable laws and
regulations.
7. The Developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for
Marana Road, Sanders Road, and a pedestrian underpass on Marana Road as agreed upon
in the Development Agreement.
8. The Developer will participate in the design and construction of circulation improvements
that may include Marana Road, Marana Main Street, Sandario Road, and a pedestrian
underpass on Marana Road. These and other roadway improvements, as based on the data
and findings of the accepted traffic impact analysis and other traffic studies, will be as
agreed upon in the Development Agreement. In the event that Sanders Grove does not
construct the initial four lane improvements to Marana Road, the Developer will be
responsible for that construction as agreed upon in the Development Agreement.
9. A water service agreement and a master water plan must be submitted by the Developer
and accepted by the Utilities Director prior to the approval of the final block plat by the
Town Council.
10. A sewer service agreement and master sewer plan must be submitted by the Developer and
accepted by Pima County Wastewater Management and the Town Engineer prior to the
approval of the final block plat by the Town Council.
11. Before a certificate of occupancy is issued for any dwelling unit on the Property, the
Developer shall have completed or shall provide evidence to the Town's satisfaction that
Developer has made a diligent effort to complete the process of having the Property
annexed into a fire district or otherwise provide for fire protection service
12. Installation of a non-potable system shall be required to serve the common open space
areas and other landscaped amenities as accepted by the Town of Marana.
Marana Ordinance No. 2007.25
Page 2 of 4
13. The property owner shall transfer with the final plat, by the appropriate Arizona
Department of Water Resources form, those water rights being IGR, Type I or Type 11 to
the Town of Marana for the Town providing designation of assured water supply and
water service to said property. If Type I or Type II is needed on said property, the Town
and developer/landowner shall arrive at an agreeable solution to the use of those water
rights appurtenant to said land.
14. All private parks and trails within Uptown at Marana. will be developed by the Master
Developer, subject to the approval of the Planning Director and the Parks and Recreation
Director. The community and neighborhood parks must be identified in subdivision plats
with detailed design as part of the landscape plans for those subdivisions.
15. Upon adoption of the ordinance by the Mayor and Council approving the Uptown at
Marana Specific Plan, the applicant shall provide the Planning Department with the
following final edition of the Uptown at Marana Specific Plan: one non-bound original;
forty bound copies; and one digital copy in Microsoft Word or other acceptable format
within sixty days of the adoption.
16. Minor grammatical and technical changes as required by the Town of Marana shall be
made to the Uptown at Marana Specific Plan.
17. The Master Developer shall submit an annual report within 30 days of the anniversary of
the Town Council's approval of the Specific Plan in addition to those requirements listed
in the Land Development Code.
Section 4. This Ordinance shall be treated as having been adopted and the 3 0-day referendum period
established by Arizona Revised Statutes section ("A.R.S. §") 19-142(D) shall begin when the Town
files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed
by the Developer and any other party having any title interest in the Rezoning Area, that waives any
potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S.
§ 12-113 1 et seq., and specifically A.R. S. § 12-1134) resulting from changes in the land use laws that
apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver
instrument is not recorded within 90 calendar days after the inotion approving this Ordinance, this
Ordinance shall be void and of no force and effect.
Section 5. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and
Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby
repealed, effective as of the effective date of Ordinance No. 2007.25.
Section6. 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.
Marana Ordinance No. 2007.25
Page 3 of 4
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
2 "d day of October, 2007.
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Ordinance No. 2007.25
Mayor Ed Honea
Page 4 of 4
EXHIBIT A
LEGAL DESCRIPTION FOR UPTOWN AT MARANA SPECIFIC PLAN
THAT PORTION OF THE NORTH HALF OF SECTION 21, TOWNSHIP 11 SOUTH, RANGE 11
EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, DE-
SCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 21, BEING A BRASS
CAP IN HAND HOLE; THENCE NORTH 00- 30'58" WEST ALONG THE WEST LINE OF SAID
SECTION 21, TOWARD THE NORTHWEST CORNER OF SAID SECTION 21, BEING A HALF
INCH REBAR, A DISTANCE OF 30.00 FEET, THENCE NORTH 390 21,04" EAST PARALLEL
WITHAND 30.00 FEET NORTH OF THE EAST-WEST MID-SECTION OF SAID SECTION 21, A
DISTANCE OF 30. 00 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 000 30'53" WEST ALONG THE EAST RIGHT-OF-WAY LINE OF SANDERS
ROAD AS SET FORTH IN DOCKET 368, PAGE 7, RECORDS OF PIMA COUNTY, ARIZONA,
BEING PARALLEL WITHAND 30. 00 FEET EAST OF SAID WEST LINE OF SECTION 21, A DIS-
TANCE OF 2606.23 FEET TO THE NORTH LINE OF SAID SECTION 21; THENCE NORTH 39'
19'33"EAST ALONG SAID NORTH LINE OF SECTION 21, A DISTANCE OF 2612.43 FEET TO
THE NORTH QUARTER CORNER OF SAID SECTION 21; THENCE NORTH 89'22'51 "EAST
ALONG SAID NORTH LINE OF SECTION 21, A DISTANCE OF 165.02 FEET TO A POINT ON
THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF INTERSTATE 10 (ALSO KNOWN AS THE
CA SA GRANDE TUCSON HIGHWA Y), A S CONVEYED TO THE S TA TE OF A RIZONA BY DEED
RECORDED IN DOCKET 1934, PAGE 496, RECORDS OF PIMA COUNTY, ARIZONA AND
A S SHOWN ON THOSE CERTAIN A. D. 0. T PLANS DATED SEPTEMBER, 6, 1960, PROJECT
NO. 1-10-4 (26) 231; THENCE SOUTH 500 29'00" EAST ALONG SAID RIGHT-OF-WAY LINE,
759.92 FEET THENCE SOUTH 46- 57'59- EAST ALONG SAID RIGHT-OF-WAY LINE, 299.73
FEE T- THENCE SO U TH 000 25'40 " EA S T PA RA L L EL Wf TH AND 1680. 00 FEE T WES T OF THE
EAST LINE OF SAID SECTION 21, A DISTANCE OF 1910.15 FEET THENCE SOUTH 890 21'
04" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF MARANA ROAD AS SET FORTH BY
PIMA COUNTY ESTABLISHMENT NO. 114, BEING PARALLEL WITH AND 30. 00 FEET NORTH
OF SAID EAST-WEST MIDSECTION LINE OF SECTION 21, A DISTANCE OF 3573.59 FEET TO
THE POINT OF BEGINNING.
(THE PARCEL DESCRIBED ABOVE CONTAINS 207.75 ACRES, MORE OR LESS)
T-253 P. 006/.1;8 F-898
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RANA Planning Departinent
11555 W. Civic Center Dr. Marana AZ 95653
(520) 382-2600 Fax: (520) 382-2639
PLANNING &
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record, attach written aathoriz2tiffil from the Owner.) application and checid st (H not owl ler of
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The Uptown at Marana 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.
TOWN COUNCIL
MEETING TowN OF MARANA
INFORMATION
MEETING DATE: October 2, 2007 AGENDA ITEM: J. 7
TO: MAYOR AND COUNCIL
FROM: Kevin Kish, AICP, Planning Director
SUBJECT: PUBLIC HEARING. Ordinance No. 2007.26: Relating to
Development; approving and authorizing a rezoning and a minor
General Plan amendment for La Vista Bonita.
DISCUSSION
Histor
A public hearing for the La Vista Bonita rezoning was held during the May 30, 2007 Planning
Commission meeting. During this meeting, several local property owners and concerned citizens
came forward before the Commission to speak about the project. The Planning Commission
voted to recommend approval to the Mayor and Town Council; however, the motion failed by a
vote of 2-4, with Commissioners Hestwood and Wostenberg recommending approval.
Since the Planning Commission hearing, the applicant has redesigned the project to reduce the
number of lots from 16 to 15, and has designed the roadway to meet the requirements of the
Town's Subdivision Street Standards. The lots proposed to be located adjacent to the single-
family residential properties to the south have been increased in size to a minimum of 1.92 acres
(83,635 square feet). The developer is proposing restrictions such as a 60-foot building setback
from the south property line along Majestic Saguaro Lane, and a maximum site disturbance of 30
percent.
An informational presentation was made to the Town Council on September 18, 2007 to
familiarize the Council with the project.
Rezoning Request
This rezoning request is proposed by DCC Company and Tierra Planning Services, on behalf of
the owners, Joseph and Tina Banks. The proposed project is located on the south side of Moore
Road, west of the Oldfather alignment. Approval of this propo ' sed rezoning would change the
zoning of approximately 25.4 acres 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).
The purpose of "R-36" zoning is to provide the developer the opportunity to increase the
allowable density in order to accommodate a 15-lot single-family residential subdivision. A
minimum lot size of one acre (43,560 square feet) will be required and stipulated as rezoning
condition # 8.
100207 PCZ-06138 La Vista Bonita Rezoning TC.doe
General Plan
The adopted General Plan designates the subject area as Rural Density Residential (RDR). Rural
Density Residential is characterized by detached single-family dwelling units on large lots with a
maximum density of 0.5 dwelling units per acre. The 15 lots proposed on approximately 25.4
acres equates to a density of .59 dwelling units per acre. The proposed increase in density will
necessitate a minor general plan amendment to change the current designation from "RDR"
(Rural Density Residential) to "LDR" (Low-Density Residential), which provides for a density
range of 0.6 to 3.0 dwelling units per acre. Pursuant to the amendment procedures defined in the
General Plan, this one-step increase in the land use designation may be processed as a minor
General Plan amendment. Additionally, the minor General Plan amendment may be processed
concurrently with a rezoning request, and may be approved at the public hearing.
Traffic Circulation
The Tentative Development Plan for La Vista Bonita proposes two points of access from Moore
Road via a horseshoe-shaped gated private street providing both ingress and egress to and from
Moore Road at the west access, and egress only at the east access. The west access will provide a
turnaround and full turning movements onto and from Moore Road. The east access is proposed
to be a secondary access providing egress only onto Moore Road from within the subdivision.
This access may also be used by emergency service personnel to access the development from
Moore Road, as needed. The street is proposed with a 46-foot right-of-way width meeting the
requirements of the Town of Marana Subdivision Street Standards. The ultimate design of this
roadway will be determined during the platting process.
Moore Road is identified on the Town of Marana Major Rights-of-Way Plan with an ultimate
total right-of-way of 150 feet. The developer will be required to dedicate an additional 45 feet on
the south side of Moore Road to accommodate future improvements. An additional 30 feet of
right-of-way will also be dedicated along the west side of the Oldfather Road aligament for
future improvements.
Open Space, Recreation And Trails
The La Vista Bonita development proposes a maximum of thirty percent disturbance, and will
set aside seventy percent of the area as Natural Undisturbed Open Space (NUOS). The 30
percent disturbance will be distributed equally among the 15 lots, and will be closely monitored
throughout the platting and permitting process. A Native Plant Permit for the project will be
required during the platting process.
This development will be subject to the adopted Park Development Impact Fee.
Sanitary Sewer
All lots are proposed to be served by on-site wastewater treatment facilities (septic systems). The
developer will be required to secure approval from the Pima County Department of
Environmental Quality at the time of subdivision platting.
100207 PCZ-06138 La Vista Bonita Rezoning TC.doc
Water
This development lies within the exterior boundary of Tucson Water's planned 50-year service
area; therefore, water supply is assured. The approval of water meter applications is subject to
the availability of water service at the time the application is made. The developer will be
required to submit a water master plan to Tucson Water. If the existing water system is not
capable of meeting the requirements of the proposed development, the developer will be
responsible for modifying or enhancing the existing water system to meet those needs.
Electric
The project will be served by TRICO Electric. The overhead electrical service lines traversing
the eastern boundary of the property will be placed underground, as required in Title 6 of the
Land Development Code.
Fire Protection
This property will be served by Northwest Fire District upon its annexation into the District's
service area.
Schools
The developer has offered to contribute a "School Improvement Contribution Fee" at a rate of
$1,200.00 per residential unit, payable at the time of building permit issuance.
Waiver Of Potential Arizona Property Rights Protection Act Compensation Claims
To protect the Town against potential claims filed under the Arizona Property Rights Protection
Act as a result of changes in the land use laws that apply to the rezoning areas by the Town's
adoption of this ordinance, staff requires the applicant waive any rights to compensation for
diminution in value by execution and recordation of the attached waiver instrument: the Consent
to Conditions of Rezoning and Waiver of Claims for Possible Diminution of Value Resulting
from Town of Marana Ordinance No. 2007.26. Ordinance No. 2007.26 is not operative unless
and until the applicant waives any potential compensation claims.
If the applicant does not forward the waiver in time to record it within 90 days after the
ordinance is passed, the ordinance becomes null and void, as if no action were ever taken to pass
the ordinance.
Citizen Participation
The owner and applicant held neighborhood meetings at Ironwood Ridge High School on March
20, 2007 and April 9, 2007, prior to the Planning Commission public hearing. In response to the
neighboring resident's concerns, the owner and applicant reduced the number of lots from 19 to
16, reduced the proposed building heights to single-story (25-foot maximum), and redesigned the
lot layout to provide additional buffering and view sheds for the adjacent properties to the south.
100207 PCZ-06138 La Vista Bonita Rezoning TC.doc
No additional neighborhood meetings have been organized since the Planning Commission
public hearing; however, the applicant and owner have expressed their interest in meeting with
the adjacent property owners in an effort to resolve remaining discrepancies regarding the
development. Since the Planning Commission meeting, staff has received four recent telephone
calls from adjacent property owners inquiring about the proposed rezoning, and one letter of
protest via electronic mail.
The public hearing for this case was properly advertised and the appropriate surrounding
property owners were notified. As of the date of this report, three telephone calls have been
received from adjacent property owners in opposition to the applicant's request.
ATTACHMENTS
Summary Application; Location Map; Site Analysis Report.
RECOMMENDATION
The Planning Commission, at its public hearing on May 30, 2007, voted 4-2 against
recommendation for approval to the Mayor and Town Council. Should the Council desire to
approve the proposed rezoning request, staff recommends the following conditions:
I . Compliance with all applicable provisions of all Town of Marana Codes, Ordinances, and
policies of the General Plan current at the time of any development including, but not limited
to, requirements for public improvements.
2. Developer shall dedicate upon request by the Town, or with final plat, 45 feet of additional
rigbt-of-way for Moore Road, running the entire length of the northern property boundary,
per the Town's major routes plan. Developer shall also dedicate upon request by the Town,
or with the final plat, drainage easements necessary for the construction of Moore Road
based upon Town approved construction plans.
3. Prior to issuance of a grading permit, the applicant shall provide the Town of Marana with a
copy of the approved jurisdictional delineation and applicable Section 404 permit from the
U.S. Army Corps of Engineers.
4. No approval, permit, or authorization by the Town of Marana authorizes violation of any
Federal or State law or regulation, or relieves the applicant or land owner from responsibility
to ensure compliance with all applicable Federal and State laws and regulations, including
the Endangered Species Act and Clean Water Act. Appropriate experts should be retained,
and the appropriate Federal and State agencies should be consulted to determine any action
necessary to assure compliance with applicable laws and regulations.
5. Right-of-way improvements to Moore Road are required by the developer of Tortolita Vistas.
The Moore Road right-of-way improvements consist of, but are not limited to, roadway
improvements beginning from the point at which the current improvements end at Camino de
Oeste to Thornydale Road. These improvements must be completed prior to the first building
permit issuance for La Vista Bonita. La Vista Bonita may construct improvements along their
frontage to suit their schedule.
100207 PCZ-06138 La Vista Bonita Rezoning TC.doc
6. Prior to final plat approval, the developer shall have completed, or provided evidence to the
Town's satisfaction, that a diligent effort has been made to complete the process of annexing
the property into the Northwest Fire District, or otherwise provide for fire protection.
7. The owners will limit the overall site disturbance, including lot disturbance, all access roads,
septic tanks and leach fields, to a combined total of not more than 30 percent.
8. The site shall be limited to a maximum of 15 lots, and a minimum lot size of one acre.
9. Principal and accessory building shall not exceed a height of one-story (25 feet).
10. This project is located within the Marana Parks and Recreational Benefit Area, and will be
subject to the applicable fees at the time of permitting.
11. The preliminary plat shall be in substantial conformance with the Tentative Development
Plan.
12. Minor grammatical and illustrative revisions to the Site Analysis document will be required
prior to the submittal of additional plans to the Town.
13. Archaeological surface inspection shall be conducted, and must have clearance prior to any
ground disturbing activities.
14. Covenants, Conditions, and Restrictions shall be established for this project, and a
homeowner's association shall be established to manage the open space areas, private streets,
and any undeveloped areas. The CC&R's shall be submitted with the final plat.
15. The total gradeable area for each lot will be defined on the final plat.
16. A Native Plant Permit for all disturbed area must be obtained prior to the approval of the
final plat. A waiver will not be accepted for this development.
SUGGESTED MOTION
I move to approve Ordinance No. 2007.26, a rezoning and a minor General Plan amendment for
La Vista Bonita, with conditions.
100207 PCZ-06138 La Vista Bonita Rezoning TC.doc
MARANA ORDINANCE NO. 2007.26
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING AND A
MINOR GENERAL PLAN AMENDMENT FOR LA VISTA BONITA.
WHEREAS Joseph R. Banks and Tina M. Banks (the "Developers") own approximately 25.4
acres located south of Moore Road and west of the Oldfather Road alignment within a portion of
Section 3 1, Township I I South, Range 13 East, as described on Exhibits "A," and "B" (Rezoning
Area), attached hereto; and
WHEREAS at a May 3 0, 2007 public hearing, the Marana Planning Commission voted 4-2
against recommendation for approval to the Marana Town Council of a minor General Plan
amendment and rezoning for the Rezoning Area; and
WHEREAS at an October 2, 2007 public hearing, the Marana Town Council detennined that
the proposed rezoning of the Rezoning Area 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), and the proposed minor General Plan amendment from Rural Density Residential (0.0 - 0.5
DU/AQ to Low-Density Residential (0.6 - 3.0 DU/AC) should be approved; and
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town ofMarana,
Arizona, as follows:
Section 1. A minor amendment to the General Plan is hereby approved, changing the land
use designation of the Rezoning Area from Rural Density Residential (0-0 - 0.5 DU/AQ to
Low-Density Residential (0.6 - 3.0 DU/AC).
Section 2. The zoning of the Rezoning Area is hereby changed 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).
Section 3. The intent of this rezoning is to allow the use of the Rezoning Area for single
family custom homes on large lots. This rezoning is subject to the following conditions, the
violation of which shall be treated in the same manner as a violation of the Town of Marana Land
Development Code (but which shall not cause a reversion of this rezoning ordinance):
1. Compliance with all applicable provisions of all Town of Marana Codes, Ordinances, and
policies of the General Plan current at the time of any development including, but not limited
to, requirements for public improvements.
Marana Ordinance No. 2007.26
Pagel of3
2. Developer shall dedicate upon request by the Town, or with final plat, 45 feet of additional
right-of-way for Moore Road, running the entire length of the northern property boundary,
per the Town's major routes plan. Developer shall also dedicate upon request by the Town,
or with the final plat, drainage easements necessary for the construction of Moore Road based
upon Town approved construction plans.
3. Prior to issuance of a grading pen-nit, the applicant shall provide the Town of Marana with a
copy of the approved jurisdictional delineation and applicable Section 404 permit from the
U.S. Army Corps of Engineers.
4. No approval, permit, or authorization by the Town of Marana authorizes violation of any
Federal or State law or regulation, or relieves the applicant or land owner from responsibility
to ensure compliance with all applicable Federal and State laws and regulations, including the
Endangered Species Act and Clean Water Act. Appropriate experts should be retained, and
the appropriate Federal and State agencies should be consulted to determine any action
necessary to assure compliance with applicable laws and regulations.
5. Right-of-way improvements to Moore Road are required by the developer of Tortolita Vistas.
The Moore Road right-of-way improvements consist of, but are not limited to, roadway
improvements beginning from the point at which the current improvements end at Camino de
Oeste to 'fbomydale Road. These improvements must be completed prior to the first building
permit issuance for La Vista Bonita. La Vista Bonita may construct improvements along their
frontage to suit their schedule.
6. Prior to final plat approval, the developer shall have completed, or provided evidence to the
Town's satisfaction, that a diligent effort has been made to complete the process of annexing
the property into a fire district, or otherwise provide for fire protection.
7. The owners will limit the overall site disturbance, including lot disturbance, all access roads,
septic tanks and leach fields, to a combined total of not more than 30 percent.
8. The site shall be limited to a maximum of 15 lots, and a minimum lot size of one acre.
9. Principal and accessory building shall not exceed a height of one-story (25 feet).
10. This project is located within the Marana Parks and Recreational Benefit Area, and will be
subject to the applicable fees at the time of permitting.
11. The preliminary plat shall be in substantial conformance with the Tentative Development
Plan.
12. Minor grammatical and illustrative revisions to the Site Analysis document will be required
prior to the submittal of additional plans to the Town.
13. Archaeological surface inspection shall be conducted, and must have clearance prior to any
ground disturbing activities.
14. Covenants, Conditions, and Restrictions shall be established for this project, and a
homeowner's association shall be established to manage the open space areas, private streets,
and any undeveloped areas. The CC&R's shall be submitted with the final plat.
15. The total gradeable area for each lot will be defined on the final plat.
16. A Native Plant Permit for all disturbed area must be obtained prior to the approval of the final
plat. A waiver will not be accepted for this development.
Section 4. This Ordinance shall be treated as having been adopted and the 30-day referendum
period established by Arizona Revised Statutes section ("A.R. S. §") 19-142(D) shall begin when the
Marana Ordinance No. 2007.26
Page 2 of 3
Town files with the county recorder an instrument (in a form acceptable to the Town Attorney),
executed by the Developer and any other party having any title interest in the Rezoning Area, that
waives any potential claims against the Town under the Arizona Property Rights Protection Act
(A.R.S. § 12-1131 etseq., and specifically A.R. S. § 12-1134) resulting from changes in the land use
laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this
waiver instrument is not recorded within 90 calendar days after the motion approving this Ordinance,
this Ordinance shall be void and of no force and effect.
Section 5. All ordinances, resolutions and motions and parts of ordinances, resolutions, and
motions of the MaranaTown Council in conflict with the provisions of this Ordinance are hereby
repealed as of the effective date of this Ordinance.
Section 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
PASSED AND ADOPTED, subject to the provisions of Section 4 above, by the Mayor and
Council of the Town of Marana, Arizona, this 2 nd day of October, 2007.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Page 3 of 3
Marana Ordinance No. 2007.26
EXHIBIT A
The Northeast quarter of the Northwest quarter of Section 31, Township 11 South, Range 13 East, Gila and Salt River
Base and Meridian, Pima County, Arizona.
EXCEPT all coal and other minerals reserved in the Patent from the United States of America.
EXCEPT the South two thirds of the said Northeast quarter of the Northwest quarter of said Section 31; and
EXCEPTING the North 30 feet of the said Northeast quarter of the Northwest quarter of said Section 31.
(jv arb 46)
FILE NO. 10400544 - TIVI
EXHIBIT B
The North one half of the South two thirds of the Northeast quarter of the Northwest quarter
of Section 31, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian,
Pima County, Arizona;
EXCEPT the East.30 feet thereof.
EXCEPT all coal and other minerals as reserved in the Patent from the United States of
America.
jv arb: 45
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.
TOWN COUNCIL
MEETING TOWN OF MARANA
INFORMATION
MEETING DATE: October 2, 2007 AGENDA ITEM: J. 8
TO: MAYOR AND COUNCIL
FROM: Kevin M. Kish, AICP, Planning Director
SUBJECT: PUBLIC HEARING. Ordinance No. 2007.27: Relating to
Development; approving and authorizing a Speciflc Plan for
DeAnza.
DISCUSSION
Overview
The Planning Commission continued this item at the June 27, 2007 meeting. A second public
hearing for this case was held during the August 29, 2006, Planning Commission meeting.
During this meeting, one nearby property owner appeared before the Commission to voice her
support for the project. The Planning Commission voted unanimously recommending approval
to the Town Council.
The applicant provided the Town Council with a overview presentation at the September 18,
2007 meeting
Rezoning Request
Red Point Development on behalf of the property owners requests approval for a change in
zoning on approximately 133 acres of land located approximately !/4mile. north of Cortaro Farms
Road on the west side of Hartman Lane.
The applicant proposes a change of zoning from "C', (Large Lot) to "F" (DeAnza Specific Plan)
to allow for a residential development of single family detached homes 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 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 single family residential lots with a minimum lot
size of 4,500 square feet and an average of 8,000 square feet.
General Plan
The General Plan's Future Development Plan designates the subject property as Low Density
Residential (LDR). This designation allows single family detached homes on lots with a density
up to 3.0 dwelling units per acre. The proposal includes a total of 31 I-lots on 133 acres equaling
an overall density of 2.3 dwelling units per acre therefore, adhering to the LDR designation.
However, the rezoning proposal requests approval of a specific plan thus requiring a land use
designation of "MPA" (Master Planning Area). The change in land use designation from "LDR"
to "MPA" requires a minor General Plan amendment and is also to be considered as part of the
Specific Plan request.
100207 PCZ-05113 DeAnza Specific Plan Mdoc
Circulation
The tentative development plan proposes two points of access for DeAnza by way of Hartman
Lane and one point of access for DeAnza Estates also by way of Hartman Lane. Emergency
access to DeAnza will be provided by way of a dedicated road to the west of DeAnza.
Hartman Lane is on the Town of Marana major rights-of-way plan with an ultimate total right-
of-way of 90 feet. This project will be dedicating the necessary right-of-way to meet the 4 eet
of half right-of-way for the improvements to Hartman Lane. In addition, the project wi?lifbe
dedicating 46 feet of right-of-way along the western boundary for improvements of an
emergency access.
The improvements to Hartman Lane by this project include additional turn lanes and acceleration
and deceleration lanes to all of the entrances of the subdivision. The improvements to Hartman
Lane are based upon the Traffic Impact Analysis submitted for this project and neighborhood
input. The improvements shall be constructed in the first phase.
As per the Subdivision Street Standards Manual, a 46-foot right-of-way width is required for
both subdivisions internal circulation. The Specific Plan proposes a ten foot reduction of right-
of-way width from the Town's subdivision standards within the proposed subdivisions. A design
exception to a 36-foot right-of-way width has been approved by the Planning Commission at the
August 29, 2007 Commission meeting.
Open Space, Recreation, And Trails
The DeAnza land use areas that are proposed to be mass graded include drainage structures,
building pads, recreation, utilities and roadways. DeAnza Estates land use area will not be mass
graded as building envelopes, roadways and utility easements are to be delineated on the
subdivision plan.
The project proposes to set aside approximately 3 1 % natural undisturbed open space (NUOS).
The majority of the NUOS is located along the Hardy Wash between DeAnza and DeAnza
Estates. After years of abuse and neglect to this natural open space area, enhancement to the area
is a condition of this report, with approval of the Planning Director, the applicant will work to
remove non-native plants and trash; in addition will be allowed to enhance the area with
additional native plat materials. This land will act as a buffer for the subdivision and neighbors
as well as ensure dedication of land for the purpose of providing habitat, preserving wildlife
corridors and protecting the natural flow of the Hardy Wash.
The proposed active and passive recreation areas include a total of 11.6 acres that will function
as either a combination of drainage and improved on-site recreation facilities or stand alone
facilities. These active on-site recreational facilities include amentias such as trails, tot lots,
sports court, ramadas, and park benches. These areas are distributed throughout the project
offering recreational opportunities within close proximity to all residents.
Design
The DeAnza Specific Plan proposes development and design standards that flilly realize the
intent of the specific plan process with respect to contemporary subdivision design. The
subdivision design includes a concept refer-red 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
100207 PCZ-05113 DeAnza Specific Plan TC.doc
creating large open meandering greenways along the front yards on individual lots. In addition,
the "coving" concept reduces the total amount of pavement as the subdivisions design includes a
small amount of intersections.
The Specific Plan's architectural design component provides standards to ensure variation of
home style and a distinct street appeal. The architectural design standards are similar to the
Town's in that they require multiple elevations for each model, variation of color and material,
separation of identical model elevations and assurance of four sided architecture. The restriction
of two-story models does differ from the Town's standards as the Specific Plan proposes a 75%
limitation as opposed to the Town's 50% limitation for two story homes. The applicant realizes
the importance of limiting two story homes adjacent to existing subdivisions. Consequently, a
two story restriction for all lots abutting residential lots in Cortaro Ranch and for all lots in
DeAnza Estates is proposed by the applicant.
Sewer And Water
The DeAnza portion of the development will be served by an extension of the Pima County
Wastewater Management sewer system from Hartman Lane to the project site. DeAnza Estates
proposes individual septic systems as sewer is not achievable due to topographical restraints.
Water will be provided by Town of Marana Water Department. The Water Department has
provided a letter indicating the area has an assured water supply.
Drainage
The Plan identifies a section of land measuring 102 feet in width and approximately 1900 feet in
length located within and adjacent to the Hardy Wash. Seventy-one feet of the drainageway
width will be channelized with reinforced concrete soil cement and rip-rap lining. The remaining
31 feet on the north side of the drainageway will be revegetated with native plat materials. The
Specific Plan describes this drainage feature as an, "interceptor channel" that is needed for the
purpose of controlling surface drainage and sheet flow within and along the Hardy Wash.
Construction of the interceptor channel will encroach upon the 100 year floodplain limits thus
requiring a 404 permit by the Army Core of Engineers. As a condition of this rezoning, staff is
requiring proof of the 404 permit prior to any allowable site disturbance.
Park Requirements And Benefit Fee Area
The project is located within the Town's South Transportation and Park benefit fee areas. The
applicant has agreed to voluntarily contribute $1200 dollars per dwelling unit to the Marana
Unified School District. All benefit fees and school contributions will be collected at time of
building permit issuance.
Fire Service
The DeAnza Specific Plan area is currently within the boundaries of the Northwest Fire District.
Nei%Ehborhood Meetin2
The owners and their representatives held three neighborhood meetings on November 16, 2005,
November 30, 2005 and March 1, 2007. The meetings were located at DeGrazia Elementary and
100207 PCZ-05113 DeAnza Specific Plan TC.doc
Northwest YMCA with attendance from surrounding property owners including Cortaro Ranch
Subdivision, and other outlying developed and undeveloped properties and their respective
owners. The focus of the three meetings was to discuss possible access through the Cortaro
Ranch subdivision (via a stubbed out street that currently dead-ends into the DeAnza property),
traffic along Hartman Lane (referred to as Hardy Lane in the first executive summary),
improvements to Hartman Lane and on-site/off-site drainage.
Waiver of Potential Arizona Property Rights Protection Act COMDensation Claims
To protect the Town against potential claims filed under the Arizona Property Rights Protection
Act as a result of changes in the land use laws that apply to the rezoning areas by the Town's
adoption of this ordinance, staff requires the applicant waive any rights to compensation for
diminution in value by execution and recordation of the attached waiver instrument: the Consent
to Conditions of Rezoning and Waiver of Claims for Possible Diminution of Value Resulting
from Town of Marana Ordinance No. 2007.27. Ordinance No. 2007.27 is not operative unless
and until the applicant waives any potential compensation claims.
If the applicant doesn't forward the waiver in time to record it within 90 days after the ordinance
is passed, the ordinance becomes null and void as if no action were ever taken to pass the
ordinance.
ATTACHMENTS
Application, location map, and proposed specific plan.
RECOMMENDATION
Staff recommends approval of the DeAnza Specific Plan, subject to the recommended
conditions.
RECOMMENDED CONDITIONS OF APPROVAL
Compliance with all applicable provisions of the Town's Codes, and Ordinances current
at the time of any subsequent development including, but not limited to, requirements for
public improvements.
2. The project shall maintain a minimum of 44 percent of the site as open space/drainage as
depicted in the tentative development plan. Approximately 31 percent of the site shall be
delineated as Natural Undisturbed Open Space, which with the approval of the Planning
Director may be enhanced by adding additional native vegetation or removing non-native
plants or remove trash. Approximately nine percent of the site shall consist of
passive/active park/recreation areas, with approximately four percent allowed for the
development of the necessary interceptor channel.
3. The rezoning is valid for five years from the date of Town Council approval. If the
developer fails to have a final subdivision plat recorded prior to the five years, the Town
may initiate the necessary action to revert the property to the previous zoning (C - Large
Lot) upon action by the Town Council.
100207 PCZ-05113 DeAnza Specific Plan TC.doc
4. Upon demand by the Town the developer shall dedicate or cause to have dedicated
(within 90 days) the necessary rights-of-way for Hartman Lane, per the Town of Marana
adopted Major Routes Right-of-Way plan.
5. A sewer service agreement and master sewer plan must be submitted by the Developer
and accepted by Pima County Wastewater Management and the Town Engineer prior to
the approval of the Final Plat.
No approval, permit or authorization by the Town of Marana authorizes violation of any
federal or state law or regulation or relieves the applicant or the land owner from
responsibility to ensure compliance with all applicable federal and state laws and
regulations, including the Endangered Species Act and the Clean Water Act. Appropriate
experts should be retained and appropriate federal and state agencies should be consulted
to determine any action necessary to assure compliance with applicable laws and
regulations.
7. The subject rezoning site shall be limited to a maximum of 311 -lots.
8. A copy of the approval 404 permit shall be provided to the Town of Marana prior to any
allowable site disturbance.
9. The property owner shall not cause any lot split of any kind without the written consent
of the Town of Marana.
10. A water service agreement and a master water plan must be submitted by the Developer
and accepted by the Utilities Director prior to the approval of the final plat.
11. The property owner shall transfer with the final plat, by the appropriate Arizona
Department of Water Resources form, those water rights being IGR, Type I or Type 11 to
the Town of Marana for the Town providing designation of assured water supply and
water service to said property. If Type I or Type 11 is needed on said property, the Town
and developer/landowner shall arrive at an agreeable solution to the use of those water
rights appurtenant to said land.
12. Minor grammatical and illustrative changes per the Planning Directors directive shall be
made to the document prior to final acceptance of the document.
13. The developer has agreed to voluntarily contribute $1200 per dwelling unit to mitigate
the effects of the proposed development on the Marana Unified School District. Fees are
to be collected at time of building permit issuance.
14. This project is located within the Marana's South Transportation and Parks/Recreational
Benefit Areas and will be subject to those fees at time of building permit issuance.
15. Upon adoption of the ordinance by the Mayor and Council approving the DeAnza
Specific Plan, the applicant shall provide the planning department with the following
final edition of the DeAnza Specific Plan: one non-bound original; forty bound copies;
and, one digital copy in Microsoft Word or other acceptable format, within sixty days of
the recordation of the ordinance.
16. Covenants, codes and restrictions will be established for this project with a homeowner's
association established to manage the open space areas, private streets and any
undeveloped areas and submitted with the final plat.
100207 PCZ-05113 DeAnza Specific Plan TC.doc
17. The Master Developer shall submit an annual report within 30 days of the anniversary of
the Town Council's approval of the Specific Plan, in addition to those requirements listed
in the Land Development Code.
18. A native plant pen-nit (waiver not acceptable) for all disturbed area must be obtained prior
to any allowable site disturbance.
19. No approval, permit or authorization by the Town of Marana authorizes violation of any
federal or state law or regulation or relieves the applicant or the land owner from
responsibility to ensure compliance with all applicable federal and state laws and
regulations, including the Endangered Species Act and the Clean Water Act. Appropriate
experts should be retained and appropriate federal and state agencies should be consulted
to determine any action necessary to assure compliance with applicable laws and
regulations.
SUGGESTED MOTION
I move to adopt Ordinance No. 2007.27, the DeAnza Specific Plan, with the recommended
conditions.
100207 PCZ-05113 DeAnza Specific Plan TC.doc
MARANA ORDINANCE NO. 2007.27
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR
THE DEANZA SPECIFIC PLAN.
WHEREAS, Red Point Development represents the property owners of approximately 133
acres of land located within a portion of Sections 26 and 23, Township 12 South, Range 12 East, as
described on Exhibit "A", attached hereto and incorporated herein by this reference; and,
WHEREAS, the Marana Planning Commission held a public hearing on August 29, 2007,
and at said meeting voted unanimously to recommend that the Town Council approve said rezoning,
adopting the recommended conditions; and,
WHEREAS, the Marana Town Council heard from representatives of the owner, staff and
members of the public at the regular Town Council meeting held October 2, 2007 and has
determined that the rezoning meets the criteria for a minor amendment to the General Plan, changing
the land use designation from "C" (Large Lot) to "F" (Specific Plan), and should be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1. A minor amendment to the General Plan of approximately 133-acres of land located
within a portion of Sections 26 and 23, Township 12 South, Range 12 East, about a quarter mile
north of the Cortaro Farms Road, on the west side of Hartman Lane (the "Rezoning Area"), changing
the land use designation from "C" (Large Lot) to "F" (Specific Plan).
Section 2. The zoning of approximately 113 acres of land located within a portion of Sections 26
and 23, Township 12 South, Range 12 East, about a quarter mile north of Cortaro Farms Road, on
the west side of Hartman Lane (the "Rezoning Area"), is hereby changed from Zone "A" (Small Lot
Zone) to "I"' (Specific Plan) creating the DeAnza Specific Plan.
Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for single family
housing, subject to the following conditions, the violation of which shall be treated in the same
manner as a violation of the Town of Marana Land Development Code (but which shall not cause a
reversion of this rezoning ordinance):
Compliance with all applicable provisions of the Town's Codes, and Ordinances current at
the time of any subsequent development including, but not limited to, requirements for
public improvements.
Marana Ordinance No. 2007.27
Page I of 4
2. The project shall maintain a minimum of 44 percent of the site as open space/drainage as
depicted in the tentative development plan. Approximately 31 percent of the site shall be
delineated as Natural Undisturbed Open Space, which with the approval of the Planning
Director may be enhanced by adding additional native vegetation or removing non-native
plants or remove trash. Approximately nine percent of the site shall consist ofpassive/active
park/recreation areas, with approximately four percent allowed for the development of the
necessary interceptor channel.
3. The rezoning is valid for five years from the date of Town Council approval. If the
developer fails to have a final subdivision plat recorded prior to the five years, the Town
may initiate the necessary action to revert the property to the previous zoning (C - Large
Lot) upon action by the Town Council.
4. Upon demand by the Town the developer shall dedicate or cause to have dedicated (within
90 days) the necessary rights-of-way for Hartman Lane, per the Town of Marana adopted
Major Routes Right-of-Way plan.
5. A sewer service agreement and master sewer plan must be submitted by the Developer and
accepted by Pima County Wastewater Management and the Town Engineer prior to the
approval of the final plat.
6. No approval, permit or authorization by the Town of Marana authorizes violation of any
federal or state law or regulation or relieves the applicant or the land owner from
responsibility to ensure compliance with all applicable federal and state laws and
regulations, including the Endangered Species Act and the Clean Water Act. Appropriate
experts should be retained and appropriate federal and state agencies should be consulted
to determine any action necessary to assure compliance with applicable laws and
regulations.
7. The subject rezoning site shall be limited to a maximum of 31 I-lots.
8. A copy of the approval 404 permit shall be provided to the Town of Marana prior to any
allowable site disturbance.
9. The property owner shall not cause any lot split of any kind without the written consent of
the Town of Marana.
10. A water service agreement and a master water plan must be submitted by the Developer
and accepted by the Utilities Director prior to the approval of the final plat.
11. The property owner shall transfer with the final plat, by the appropriate Arizona
Department of Water Resources form, those water rights being IGR, Type I or Type II to
the Town of Marana for the Town providing designation of assured water supply and
water service to said property. If Type I or Type II is needed on said property, the Town
and developer/landowner shall arrive at an agreeable solution to the use of those water
rights appurtenant to said land.
12. Minor grammatical and illustrative changes per the Planning Directors directive shall be
made to the document prior to final acceptance of the document.
13. The developer has agreed to voluntarily contribute $1200 per dwelling unit to mitigate the
effects of the proposed development on the Marana Unified School District. Fees are to
be collected at time of building permit issuance.
Marana Ordinance No. 2007.27
Page 2 of 4
14. This project is located within the Marana's South Transportation and Parks/Recreational
Benefit Areas and will be subject to those fees at time of building permit issuance.
15. Upon adoption of the ordinance by the Mayor and Council approving the DeAnza Specific
Plan, the applicant shall provide the planning department with the following final edition
of the DeAnza Specific Plan: one non-bound original; forty bound copies; and, one digital
copy in Microsoft Word or other acceptable format, within sixty days of the recordation of
the ordinance.
16. Covenants, codes and restrictions will be established for this project with a homeowner's
association established to manage the open space areas, private streets and any
undeveloped areas and submitted with the final plat.
17. The Master Developer shall submit an annual report within 30 days of the anniversary of
the Town Council's approval of the Specific Plan, in addition to those requirements listed
in the Land Development Code.
18. A native plant permit (waiver not acceptable) for all disturbed area must be obtained prior
to any allowable site disturbance.
19. No approval, permit or authorization by the Town of Marana authorizes violation of any
federal or state law or regulation or relieves the applicant or the land owner from
responsibility to ensure compliance with all applicable federal and state laws and
regulations, including the Endangered Species Act and the Clean Water Act. Appropriate
experts should be retained and appropriate federal and state agencies should be consulted
to determine any action necessary to assure compliance with applicable laws and
regulations.
Section 4. This ordinance shall be treated as having been adopted and the 30-day referendum period
established by Arizona Revised Statutes section ("A.R. S. §") 19-142(D) shall begin when the Town
files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed
by the Developer and any other party having any title interest in the Rezoning Area, that waives any
potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S.
§ 12-1131 et seq., and specifically A.R. S. § 12-1134) resulting from changes in the land use laws that
apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver
instrument is not recorded within 90 calendar days after the motion approving this Ordinance, this
Ordinance shall be void and of no force and effect.
Section 5. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and
Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby
repealed, effective as of the effective date of Ordinance No. 2007.27.
Section 6. 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.
Marana Ordinance No. 2007.27
Page 3 of 4
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
2 nd day of October, 2007.
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Mayor Ed Honea
Maram Ordinance No. 2007.27
Page 4 of 4
EXHIBIT A
LEGAL DESCRIPTION FOR DeANZA SPECIFIC PLAN
PARCEL 1:
That portion of the Northeast quarter of the Northwest quarter of
Section 26, Township 12 South, Range 12 East, Gila and Salt Rivef
Base and Meridian, Pima County, Arizona, lying Northeasterly of the
Northeasterly line of the Property described in Deed recorded in
Docket 2418 at Page 72, records of Pima County, Arizona,
EXCEPT the North 45 feel, thereof.
PARCEL 2:
That portion of the Northwest quarter of the Northwest quarter of
Section 26, Township 1-2 South, Range 12 East. Gila and Salt River
Base and Meridian, Pima County. Ariizona. lying Northeasterly of the
Northeasterly line of the property described in Deed recorded in
Docket 2336 at Page 82, records of Pima County, Arizona,
EXCEPT the North 45 feet thereof.
PARCEL 3:
An easement for ingress, egress and utilities across those portions
of Section 23, Township 12 South, Range 12 East, Gila and Soft
River Base and Meridian, Pima County, Arizona. described as
follows:
The North 30 feet of the North half of the Southeast quarter;
The South 30 feet of the Southeasi quarter of the Northwest
quarter, The East 30 feet and the West 30 feet of the North 30 feet
of the Northeast quarter of the Southwest quarter, The East 30 feet
of the Northwest quarter of the Southwest quarter;
The North 30 feet of the Northeast quarter of the Southwest quarter
of the Southwest quarter; The East 15 feet of the West half of the
Northeast quarter of the Southwest quarter of the Southwest
quarter,
The West 15 feet of the East half of the Northeast quarter of the
Southwest quarter of the Southwest quarter,
The West 15 feet of the Northeast quarter of the Southeast quarter
of the Southwest quarter of the Southwest quarter
The Eust 15 feet of the West half of the Southeast quarter of the
Southwest quarter of the Southwest quarter and the West 15 feet of
the Southeast quarter of the Southeast quarter of the Southwest
quarter of the Southwest quarter.
PARCEL 4:
The Southeast quarter of the Southeast quarter of Section 23
Township 12 South Range 12 East, Gila and Salt River Base and
Meridian, Pima County, Arizona;
PARCEL 5:
The Northeast quarter of the Northeast quarter of Section 26
Township 12 South Range 12 East', Gila and Salt River Base and
Meridian, Pima County, Arizona.
EXCEPTING THEREFROM that portion of real property conveyed to the
Town of Marano in Docket 11476 page 459.
PARCEL 6:
The East half of the North half of the Northwest quarter of the
Northeast quarter of Section 26, Township 12 South. Range 12 East,
Gila and Salt River Base and Meridian, Pima County, Arizona.
TOGETHER WITH an easement for ingress, egress and utilities. over,
under upon and across the West 30 feet of the Southwest quorter of
the Southeast Quarter of Section 23, Township 12 South, Range 12
East, Gila and Salt River Base and Meridian, Pima County, Ar&itzona.
AND TOGETHER WITH an easement for ingress, egress and utilities.
over, under, upon and across the North 30 feet of the West half of
the North half of the Northwest quarter of the Northeast quarter of
Section 26, Township 12 South, Range 12 East, Gila and Salt River
Base and Meridian, Pima County, Arizona.
PARCEL 7:
The West half of the North half of the Northwest quarter of the
Northeast quarter of Section 26, Township 12 South, Range 12 East,
Gila and Salt River Base and Meridian, Pima County, Arizona,
TOGETHER WITH an easement for ingress, egress and utilities over,
under, upon and across the West 30 feet of the Southwest quarter of the
Southwest quarter of the Southeast quarter of Section 23, Township
12 South, Range 12 East, Gila and Salt f;Viver Base and Meridian,
Pima County, Arizona.
RESER\ANG unto the Grantor an easement for ingress, egress and
utilities over the North 30 feet of captioned property.
The DeAnza Specific Plan 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.