HomeMy WebLinkAboutOrdinance 2002.13 Approving a rezone request for the dove mountain specific plan F. ANN RODRIGUEZ, RECORDER DOCKETs 11845
RECORDED BY: YR.N ~ PAGEs 3448
DEPUTY RECORDER NO. OF PAGES s 8
5131 PE1 SEQUENCE: 20021390806
SMARA 07/19/2002
TOWN OF ~ARANA ORDIN 16.'39
ATTN~ TOWN CLERK
13251 N LON ADAMS RD
MAIL
~.A/~LNA AZ 85653
AMOUNT PAID $ 9.50
MARANA ORDINANCE NO. 2002.13
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, APPROVING A REZONE REQUEST BY COTTONWOOD PROPERTIES, TO
AMEND THE DOVE MOUNTAIN SPECIFIC PLAN TO INCLUDE APPROXIMATELY 611.30
ACRES (ASSESSOR'S PARCEL NUMBER 218-55-019J) INTO THE DOVE MOUNTAIN
SPECIFIC PLAN. THE PROPERTY IS LOCATED SOUTH OF THE DOVE MOUNTAIN
SPECIFIC PLAN ON THE NORTH SIDE OF TANGERINE ROAD BETWEEN DOVE
MOUNTAIN BOULEVARD A ND C AMINO D E O ESTE, IN SECTION 36, TOWNSHIP 11
SOUTH, RANGE 12 EAST.
WHEREAS, Tangerine Properties, is the owner of approximately 611.30 acres of land located south
of the Dove Mountain Specific Plan on the north side of Tangerine Road between Dove Mountain
Boulevard and Camino de Oeste, in Section 36, Township 11 South, Range 12 East as depicted on
Exhibit "A", attached hereto and incorporated herein by this reference; and
WHEREAS, Tangerine Properties has authorized Cottonwood Properties to file an
application for a Specific Plan Amendment to include the property described above into the Dove
Mountain Specific Plan; and
WHEREAS, the Marana Planning Commission, after a public h eating, considered t his
Specific Plan Amendment request on May 29, 2002, and voted unanimously to recommend that the
Town Council approve said Specific Plan Amendment; and
WHEREAS, the Marana Town Council heard from representatives of the owner, staffand
members of the public at the regular Town Council meeting held July 16, 2002, and have determined
that the Specific Plan Amendment is in conformity with the General Plan and the Dove Mountain
Specific Plan, and should be approved, subject to recommended conditions.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana,
Arizona, as follows:
Section I. The addition of 611.30 acres located south of the Dove Mountain Specific Plan on the
north side of Tangerine road between Dove Mountain Boulevard and Camino de Oeste, in Section
36, Township 11 South, Range 12 East as depicted on Exhibit "A", attached hereto and incorporated
herein by this reference, to the Dove Mountain Specific Plan is hereby approved; and
Section 2. The purpose of this Specific Plan Amendment it to include 611.30 acres to the Dove
Mountain Specific Plan, and to designate this property as Low-Density Residential, Open Space, and
Mixed - Use Commercial, subject to the following conditions:
Marana Ordinance No. 2002.13
Page 1
1. C°mpliance with all provisions ofthe Town's Codes, Ordinances and policies ofthe General
Plan, current at the time of any subsequent development, including, but not limited to,
requirements for public improvements.
2. This rezoning is valid for three years from the date of Town Council approval. If the
developer fails to have a plat recorded, which subdivides a portion of Section 36, prior to
the three years, the property shall revert to the original zoning without further action by
the Town Council.
3. The Developer shall provide, to the Development Services Administrator's satisfaction, the
necessary off-site roadway improvements as deemed necessary by the Town's
Development Services Administrator and Town Engineer to support the proposed
development of the site. This includes, but is not limited to, the Moore Road realignment
to match Moore Road to the east and Tangerine Road access improvements and rights-of-
way within Section 36, to meet the requirements of the Arizona Department of
Transportation (ADOT) Corridor Study. These roads shall be conveyed to the Town prior
to or with the necessary preliminary plat or development plan.
4. All open space easements, public trails, and/or wildlife corridors shall be dedicated to the
applicable entity at the time of platting, and no construction shall be permitted in the
delineated floodplain without the consent of the Development Services Administrator.
5. No approval, permit, or authorization of the Town of Marana authorizes the applicant
and/or landowner to violate any applicable federal and state laws and regulations, including
the Endangered Species Act and the Clean Water Act. You are hereby advised to retain
appropriate expert and/or consult with appropriate federal and state agencies to determine
any actions necessary to assure compliance with applicable laws and regulations.
6. Prior to submittal of a subdivision plat the applicant shall provide written verification that
the site has been annexed into the Northwest Fire/Rescue District.
Section 3. 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. 2002.13.
Section 4: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for
any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions hereof.
Marama Ordinance No. 2002.13
Page 2
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
16th day of July, 2002.
ATTEST: ~~ R.
Town Cl~rk ~
APPROVED AS TO FORM:
As Town Attorney and not personally
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Marana Ordinance No. 2002.13
Page 3
Exhibit A
CASE NO. 423710
Parcel 1
Section 36, Township 11 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona.
EXCEPT for any portions lying within Tortolita Drive also known as Tortolita Parkway, on the West as shown of
record of Pima County, Arizona, in Book 8 of Road Maps at page 62;
EXCEPT for any portions lying within Tangerine Road, on the South, as shown of Record of Pima County,
Arizo'na, in Book 7 of Road Maps at page 83; and
EXCEPT any portions lying within Camino De Cesta, on the East, as shown of Record of Pima County, Arizona,
Book 11 of Road Maps at page 69;
-. EXCEPT any portions lying within Dove Mountain Blvd., also known as Redhawk Bird.;
FUI~THER EXCEPT that portion conveyed to Pima County, Arizona, by Deed recorded in Docket 7'482 at page
204, as follows:
All that part of So.ion 36, Township 11 South, Range 12 East, Gila and Salt River Base and Meridian, Pima
Count3,, Arizona, being described as follows:
BEGINNING at the Southeast corner of said Section 36;
THENCE South 89 degrees 52 minutes 49 seconds West along the South line thereof, 1600.00 feet;
· . THENCE North 00 degrees 1:)7 minutes 11 seconds West, 50.00 feet to a point on the North right-of-way line of
Tangerine Road as recorded in Book 7 at page 83 of Road Maps, said point also being the TRUE POINT OF
BEGINNING;
THENCE North' 89 degrees. 52 minutes 49 seconds East along said North right-of-way, 620.56 feet to a point on
-- curve, from which the radius point bears South 04 degrees 29 minutes 39 seconds West, 7714.44 feet;
THENCE Westerly along the arc of said curve, concave to the South through a c~ntral angle of D4 degrees 36
minutes 50 seconds, 621.23 feet to the end of curve;
THENCE South O0 degrees 07' minutes 11 seconds East, 25.{:)0 feet to the TRUE POINT OF BEGINNING.
FURTHER EXCEPT that portion conveyed to the Town of Marana, by Deed recorded in Docket 10227 at p~
365, as follows:
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:; Parcel A
Alt of that portion of Section 36, Township 11 South, Range 12 East, Gila and Salt River Base and Meridian 3
Pima County, Arizona, more particularly described as follows: 4
COMMENCING at the Northwest corner of Section 36, common to Sections 25, 26, 35 and 36;
THENC~ South 00 degrees 07 minutes 05 seconds West along the West line of the Northwest Quarter of said
SeCtion 3'6, a distance of 17'7.89 feet;
THENCE South 89 degrees 52 minutes 55 seconds East, 185.16 feet to a point on a curve from which the radius
bears South 57 degrees 31 minutes 11 seconds East, said point being the TRUE POINT OF BEGINNING;
THENCE Southwesterly along a curve to the left, which has a radius of 1675.00 feet and a central angle of 07
degrees 55 minutes 46 seconds, an arc length of 231.81 feet to a point on a line 75.00 feet Easterly of and
paralleI to the West iine of the Northwest Quarter of said Section 36;
THENCE South 00 degrees 07 minutes 05 seconds West, parallel to and 75.00 feet Easterly of the West iine of
the Northwest Quarter of said Section 36, a distance of 692.82 feet to a point on a curve from which the radius
bears South 89 degrees 52 minutes 55 seconds East;
- THENCE Northeasterly along a curve to the right, which has a radius of 1525.00 feet and a central angle of 40
degrees 53 minutes 08 seconds, an arc length of t088.22 feet to a point 75.00 feet Southerly of and parallel to
the North line of the Northwest Quarter of said Section 36;
THENCE North 89 degrees 43 minutes .06 seconds West, parallel to and 75.00 feet Southerly of the North line c
the Northwest Quarter of said Section 36, a distance of 191.75 feet to a point on a curve from which the radius
bears South 53 degrees 16 minutes 45 seconds East;
THENCE Southwesterly along a curve to the left, which has a radius of 1675.0D feet and a central angle of 04
degrees 14 minutes 26 seconds, an arc length of 123.97 feet to the TRUE POINT OF BEGINNING.
Parcel B
All of that portion of Section 36, Township 11 South, Range 12 East, Gila and Salt River Base and Meridian,
Pima County, Arizona, more particularly described as follows:
COMMENCING at the Northwest corner of Section 36 common to Sections 25, 26, 35 and 36;
THENCE South 00 degrees 07 minutes 05 seconds West, along the West line of the Northwest Quarter of said
· Section 36, a distance of 177,89 feet;
THENCE South 89 degrees 52 minutes 55 seconds East, 18E.16 feet to a point on a curve from which the radii
bears South 57 degrees 31 minutes 11 seconds East, said point being the TRUE POINT OF BEGINNING;
THENCE Southwesterly along a curve to the left, which has a radius of 167E.00 feet and a central angle of 06
degrees 44 minutes 46 seconds, an arc length of 197.22 feet to a point on a curve from which the radius bear:
North 54 degrees 15 minutes 58 seconds West;
THENCE Northerly along a curve to the left, which has a radius of 25.00 feet and a central angle of 85 deg~
minutes 42 seconds, an arc length of 37'.21 feet to a point of compound cu~atur~_from which the radius [ 1
South 30 degrees 27 minutes 20 seconds West; 8
THENCEiNorthwesterly along a curve to the left, which has a radius of 1680.00 feet and a central angle of 4
degrees 11 minutes 10 seconds, an arc length of 5.46 feet to a point on a tine 75.00 feet Easterly of and p~ 5
to the West line of the Northwest Quarter of said Section 36; 3
THENCE North 00 degrees 07 minutes 05 secbnds East, parallel to and 7'5.00 feet Easterly of the West lin. 4
Northwest Quarter of said Section 26, a distance of 171.13 feet to a point on e curve from which the radiL ~;:
South 21 degrees 34 minutes 38 seconds West; :2
TH. ENCE.Southeasterly along a curve to the right, which has a radius of 1830.00 feet and a central angle of 02
degrees 43 minutes 59 seconds, an arc length of 87.29 feet to a point of reverse curvature from which the radius
bears No~h 30 degrees 18 minutes 37 seconds East;
THENCE Easterly along a curve to the left, which has a radius of 25.00 feet and a central angle of 87 degrees 49
minutes 48 seconds, an arc length of 38.32 feet to the TRUE POINT OF BEGINNING.
FURTHER EXCEPT that portion conveyed to Bay Colony-Gateway, Inc., a Delaware corporation, by Deed
recorded in Docket 10227 at page 1147, as follows:
Parcel D
All of that portion of Section 36, Township 11 South, Range 12 East, Gila and Salt River Base and Meridian,
Pima County, Arizona, more particularly described as follows:
COM~ENCING at the Northwest corner of Section 36 common to Sections 25, 26, 35 and 36;
THENCE South OD degrees 07 minutes 05 seconds West, at~ng the West line of the Northwest Quarter of said
Section 36, a distance of 381.65 feet;
THENCE South 89 degrees 52 minutes 55 secor~ds East, 75.00 feet to a point, said point being the TRUE POINT
OF BEGINNING;
THENCE North 00 degrees 07 minutes 05 seconds East, parallel to and 75.D0 feet Easterly of the West line ofth~
Northwest Quarter of said Section 36, a distance of 66.48 feet to a point on a cu,'x.e_from which the radius bears
South 30 degrees 16 minutes 10 seconds West;
THENCE Southeasterly. along a curve to the right, which has a radius of 1680.00 feet and a central a
degrees 11 minutes 10 seconds, an arc length of 5.46 feet to a point of compound curvature from w'~ct~ ~hf~0
radius bears South 30 degrees 27 minutes 20 seconds West; .
THENCE Southeasterly along a curve to the right, which has a radius of 25.8D feet and a central angle of 85
degrees 16 minutes 42 seconds, and arc length of 37.21 feet to a point of reverse curvature from which the
radius bears South 54 degrees 15 minutes 58 seconds East;
THENCE Southwesterly aJong a curve to the left, which has a radius of 1675.00 feet and a central angle of
degrees 11 minutes O0 seconds, an arc length of 34.59 feet to the TRUE POINT OF BEGINNING.
FURTHER EXCEPT that portion conveyed to U.S. Home Corporation, a Delaware co .rporation, by Deed recordec
in Docket 10227 at page 1151, as follows:
Parcel C
All of that portion of Section.36~ Township lzl South, Range 12 East, Gila and Salt River Base and Meridian,
Pima County, Arizona, more particularly described as follows:
COMMENCING atthe Northwest corner of Section 36 common to Sections 25, 26.25 and 36; 4
· 5
THENCE South 00 degrees 07 minutes 05 seconds West, along the West line of the Nort,L, west Quarter of sa 3
Section 36, a distance of 177.89 feet; 4
THENCE South 89 degrees 52 minutes 55 seconds East, 185.16 feet to a point on a curve from which the ra
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bears North 57 degrees 31 minutes 11. seconds West, said point being the TRUE POINT OF BEGINNING;
TH~.NCE ;3outhwesterly along a curve to the right, which has a radius of 25.00 feet and a cent, al anoie of ~
de r~=s 49 minutes 48 seconds, an ar(: length of 38.32 feet to a point of reverse cu,~,-ature from whi~'h
bears South 30 degrees 18 minutes 37 seconds West;
THENCE No~hwesterly along a cuwe to the le~, which has a radius of 1830.00 feet and a central angle of 02
degrees 43 minutes 59 seconds, an arc length of 87.29 feet to a point on a line 75.00 feet East of the West line of
the No~hwest Qua~er of said Section 36;
THENCE NoKh 0O degrees 07 minutes 05 seconds East, parallel to and 75.00 feet Easterly of the Wes~ ]in~ of the
No~hwest Qua~er of said Section 36, a di~ance of 68.82 feet to a point 75.00 feet South of ~he NoAh tine of the
No~hwest Qua~er of said Section 36;
THENC~ South 89 degrees 43 minutes D6 seconds East, parallel to and 75.00 feet So~hedy of the Nodh line
the Nodhwest Quader of said Section 36, a distance of 180.33 feet to a point on a cu~e from which the radius
bears South 53 degrees 16 minutes 45 seconds East;
THENCE Southwe~eriy along a cu~e to the left, which has a radius of 1675.00 feet and a central angie of 04
de~re~s ~4 minutes 2~ seconds, an arc length of 123.97 feet to the TRUE POINT OF BEGINNING.
Parcel 2
All of the podion of Section 36, Township ~ 1 South, Range 12 East, Gila and Salt River Base and Meridian, Pim~
County, Arizona, more pa~iculaHy described as follows:
COM~ENCING at the NoAhwest corner of Section 36 common to Sections 25, 26, 35 and 36;
THENCE South ~9 degrees 43 minutes 06 seconds East, along the No~h iine of said Section 36, a distance cf
516.35 feet to the TRUE POINT OF BEGINNING;
THENCE continuing South 89 degrees 43 minutes 06 seconds East, along the NoAh line of said Section 36, a
distance of 3474.57 feet to a point on a cu~e from which the radius bears No~h 16 degrees 44 minutes 31
seconds East;
THENCE Southeasterly along a cu~e to the leR, which has a radius of 1830.00 feet and a ~ntra] angle of 16
deBrees 27 minutes 37 seconds, an arc length of 525.73 feet to a point on the Seth [ine of Moore Road right of
way as recorded in Book 8 of Road Maps at page 61, lying 75.00 feet South of the No~h line of said Section 35;
~5NCE No~h S9 degrees 43 minutes 06 seconds We~, pa~llel to and 75.00 feet South of the No~h Jine of sai
Section 36, a di~ance of 4062.15 feet to a point on a cu~e, on the Redhawk Boulevard and Moore Road fi~ht
way as recorded in Docket 10227 at page 365, from the radius bears South 48 de~rees 59 minutes 46 seconds
THENCE Nodheasterly along a cu~e to the right, which has a radius of 1525.00 feet and a cent~] angle o
degrees 49 m~mes 52 seconds, and arc length of 101.97 feet to the TRUE ~OINT OF BEGINNING.
Parco[ 3 8
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All that pad of Section 36, Township 11 South, Range 12 East, and of Section 1, Township 12 South, Ran
East, Gila and Salt River Base and Meridian, Pima County, Arizona, being described as follows:
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BEGINNING at the Southeast corner of said Section 36;
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TH~i~CE.South 99 degrees 5£ minutes 49 seconds West, along thed~ou.~h line thereof, 526 90 feet to a point on a
curve, from which the radius point bears South 07 degrees ~2 minute~ ~4 seconds West, 7714.44 feet, said point
also being the TRUE POINT OF BEGINNING;
THENCE Westerly along the arc of said curve, concave to the South, through a central angle of 03 degrees 22
minutes 55 seconds, 455.35 feet to a point on the North right of way line of T~ngerine Road as recorded in Book
7 at page 93 of Road Maps;
THENCE North 89 degrees 52 minutes 49 seconds East, along said North right of way, 904.39 feet, to a point on
the West right of way line of Camino De Oeste as recorded in Book 11 at page 99 of Road Maps;
THENCE South 0O degrees 10 minutes 54 seconds East, along said West right of way, 50.00 feet, to a point on
the aforementioned South line of Section 36;
THENCE South 00 degrees 19 minutes 18 seconds East, along a line 75.00 feet We~ and parallel to the East line
of Section 1, a distance of 44.11 feet to a point of curvature, from which the radius point bears South 89 degree.,
40 minutes 42 seconds West, 25.00 feet;
THENCE Southwesterly along the a..{c.o.f said curve, concave to the Northwest, through a central angle of 99
degrees 54 minutes 29 seconds, 43.59'feet;
THENCE North 80 degrees 24 minutes 49 seconds West 198.16 feet to a point of curvature, from which the
radius point bears South 0@ degrees 35 minutes 11 seconds West, 7714.44 feet;
THENCE Westerly along the arc of said curve, concave to the South, through a central angle of 01 degrees 42
minutes 37 seconds, 230.28 feet to the TRUE POINT OF BEGINNING.
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