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HomeMy WebLinkAboutOrdinance 97.32 Readopting the existing Redhawk Specific Plan as to a limited area only ORDIN " 10667 1505 7 97183136 11/06/97 15:28:00 ~ 'SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: PAGE: ' NO. OF PAGES: SEQUENCE: F. ANN RODRIGUEZ, RECORDER RECORDED BY. CML DEPUTY RECORDER 1951 ROOA MAIL AMOUNT PAID $ 9.00 MARANA ORDINANCE NO. 97.32 AN ORDINANCE OF TIm MAYOR AND COUNCIL OF TIm TOWN OF MARANA, ARIZONA READOPTING THE EXISTING REDHAWK SPECIFIC PLAN AS TO A LIMITED AREA ONLY, AND RENAMING IT DOVE MOUNTAIN SPECIFIC PLAN I. WHEREAS, the Town Council did, on May 22, 1989, adopt Marana Town Ordinance No. 89.22 adopting the Tortolita Mountain Properties Specific Plan, and has amended such Specific Plan from time to time; and WHEREAS, the Tortolita Mountain Properties Specific Plan: (i) applied to 1,870 acres described on Exhibit A attached hereto and made a part hereof ("Original Area"), and (ii) established 4,670 as the maximum number of dwelling units to be located within the Original Area ("Original Number of Units"); and WHEREAS, by Marana Ordinance No. 96.46 adopted December 17, 1996, the Mayor and Council of the Town of Maran a adopted the RedHawk Specific Plan; and WHEREAS, the RedHawk Specific Plan amended the Tortolita Mountain Properties Specific Plan in a number of respects, including increasing the land area from the Original Area of 1,870 acres to approximately 5,570 acres, and increasing the allowable number of dwelling units from the Original Number of Units of 4,670 to approximately 13,.000 dwelling units; and WHEREAS, a referendum petition process was commenced to cause Ordinance 96-46 to be referred to Marana voters ("Referendum"); and WHEREAS, the Referendum was rejected by Pima County Superior Court in Alliance Marana, et at. v.s. Groseclose, et at., Case No. C-317744 ("Lawsuit"), and the unsuccessful parties in such lawsuit have commenced an appeal; and WHEREAS, in order to proceed with the construction and operation of one or more resorts within the Original Area, the developer requires assurances that land uses and associated regulations will not be modified as a result of any outcome of the Lawsuit or the Referendum; and WHEREAS, construction of a high quality destination resort will create positive economic benefits for the Town of Maran a, and the RedHawk Specific Plan has many substantial benefits for the Town of Maran a including provision for school sites, trails, park access and generally requires development to proceed in a responsible and regulated fashion; and Marana, Arizona Ordinance 97.32 Page 1 of 3 1066/ 1505 r't I WHEREAS, the Town Council of the Town of Marana believes that the readoption of the RedHawk Specific Plan as it applies to the Original Area only would be in the best interests of the Town of Mar ana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Maran a, Arizona that: Section 1. That certain document entitled ''RedHawk Specific Plan" previously made a public record by Marana Resolution No. 96-111 is hereby referred to and made a part hereof as if fully set out in this Ordinance. Such RedHawk Specific Plan is hereby adopted as it applies to the Original Area described on the attached Exhibit A only, provided, however, that as to the Original Area: (i) the overall density of dwelling units permitted therein is reduced to 4,670, the Original Number of Units, and (ii) the specific plan is renamed as the "Dove Mountain Specific Plan f' and all references therein to "RedHawk" are changed to "Dove Mountain" . Section 2. The validity and effectiveness of this Ordinance shall not be affected by any outcome of the Lawsuit or Referendum, it being the intent of the Mayor and Council of the Town of Maran a that this Ordinance be independent of Ordinance 96.46. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein by this reference 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 thereof. The Mayor and Council of the Town of Maran a do not by this Ordinance repeal, cancel, amend or alter in any respect any existing ordinances, resolutions, motions (or parts of ordinances, resolutions or motions) of the Mayor and Council of the Town of Maran a (including but not limited to the provisions of Ordinance 96.46) as such ordinances, resolutions or motions or parts of ordinances, resolutions or motions apply to any land outside of the original Area described on the attached Exhibit A. Marana, Arizona Ordinance 97.32 Page 2 of 3 10667 1506 . f h ,. "'" of~ana p.nzona this ~,..1\'1 A. no~ b~ tbe ~~or and CouncU 0 t eo' -p~SSED ~,,>-' n.v ') 4t\1 da~ oO-1o"en1ber, \991. Daniel J. llochuli 1: own ~ttorn-e':l ~~ "~ -page 3 of 3 Marana, p,ri2ona. ordinance 97.3'2 , [l';' ~ ~l \ S \) 1 " . EXHIBIT "A" W W C'I ,..., ...- ...- NORTH 13 Q:: Q:: 14 18 SCALE: I" = 3000. MOORE ROAD T.P .0.8. 35 17 23 26 30 6 O~ Z (/)". HW :::EO <(w C)o DOVE MOUNTAIN SPECIFIC" PLAN I TANGERINE ROAD R E eEl V E D S E P 2 6 1997 <C COPYRIGHT OPW & ASSoc. Y'4C. 1997 OPW & ASSOCIATES, INC. ~ But Grant Boac1 '!'uoeoD.!risona 86716 PhoJa.e (~) ~ EXHIBIT OF SPECIFIC PLAN OPW JOB NO. 96013-102 .. EXHIBIT "/II' " ",,- LEGAL DESCRIPTION COTTONWOOD PROPERTIES SPECIFIC PLAN I OPW JOB NO. 96013-102 ALL OF THOSE PORTIONS OF SECTIONS 24, 25, 26, 35 AND 36 OF TOWNSHIP 11 SOUTH, RANGE 12 EAST, AND SECTION 19 OF TOWNSHIP 11 SOUTH, RANGE 13 EAST, G&SRBM, PIMA COUNTY, ARIZONA, MORE PARTICULARL YDESCRIBED AS FOLLOWS: COMMENCING AT TIffi SOUTHEAST CORNER OF SECTION 35, THENCE N 000 07' OS" E, ALONG TIffi EAST LINE OF SECTION 35, A DISTANCE OF 50.00 FEET TO A POINT 50.00 FEET NORTH OF TIffi SOU1B LINE 'OF SECTION 36, SAID POINT BEING THE TRUE POINT OF BEGINNING; . . THENCEN 890 58' 51" W, ALONGTIffiNORTH RIGHT-OF-WAY OF TANGERlNE ROAD, ALONG A LINE 50.00 FEET NORTH'OF AND PARALLEL TO THE SOUTH LINE OF SECTION 35, A DISTANCE OF 1134.12 FEET TO A POINT; THENCE N 000 07' 05" E, PARALLEL TO THE EAST LINE OF SECTION 35, A DISTANCE OF 2586.06 FEET TO A POINT; TIffiNCE S 890 10' 36" W, A DISTANCE OF 350.64 FEET TO A POINT; THENCE N 000 07' OS". E, PARALLEL TO THE EAST LINE OF SECTION 35, A DISTANCE OF 2727.76 FEET TO A POINT; THENCE N 890 10' 36" E, 75.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 26, A DISTANCE OF 1'60.08 FEET TO A POINT; THENCE N 000 01' 50" W, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, A DISTANCE OF 1244:89 FEET TO A POINT; THENCE N 89027' 00" E, ALONG TH:E NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTIffiAST QUARTER OF SECTION 26, A DISTANCE OF 1324.72 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF TIffi SOUTHEAST QUARTER OF SECTION 26; THENCE N 000 01' 40" W, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 26, A DISTANCE OF 1313.58 FEET TO THE NORTHEAST CORNER OF THE SOUTIffiAST QUARTER OF SECTION 26; THENCE N 000 00' 22" W, ALONG THE WEST LINE OF TIffi NORTHWEST QUARTER OF SECTION 25, A DISTANCE OF 2634.94 FEET TO THE NORTHWEST CORNER OF SECTION 25; ,fi'.'~ THENCE N 000 01' 15" E, ALONG.THE WEST LINE OF THE SOUTHWEST QUARTER OF . SECTION 24, A DISTANCE OF 2640.50' TO THE WEST QUARTER CORNER OF SECTION 24; Page 1 of3 RECEIVED SEP 2 61997 10667 1509 " . THENCE N 000 06' 46" W, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 24, A DISTANCE OF 666.04 FEET TO A POINT; THENCE N 300 00' 00" E, A DISTANCE OF 721.58 FEET TO A POINT; THENCE N 000 06' 46" W, A DISTANCE OF 1344.45 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 24; THENCE S 600 00' 00" E, A DISTANCE OF 1734.26 FEET TO A POINT; THENCE SOUTH, A DISTANCE OF 877.86 FEET TO A POINT; THENCE S 890 49' 06" E, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 24, A DISTANCE OF 2643.18 FEET TO THE NORTHEAST CORNER OF SECTION 24; THENCE S 00009' 37" W, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 24, A DISTANCE OF 315.31 FEET TO THE NORTHWEST CORNER OF SECTION 19; THENCE N 890 59' 14" E, ALONG THE 'NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 19, A DISTANcE OF 2534.50 FEET TO TIffi NORTH QUARTER CORNER OF SECTION 19; THENCE S 000 05' 35" W, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 19, A DISTANCE OF 2638.98 FEET TO TIffi CENTER QUARTER CORNER OF SECTION 19;' ' . ' THENCE N 890 57' 19" E, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 19, A DISTANCE OF 2635.31 FEET TO THE EAST QUARTER CORNER OF SECTION -19; THENCE S 00004' 12" W, ALONG THE EAST LINE OF TIffi SOUTHEAST QUARTER OF SECTION 19, A DISTANCE OF 2636.21 FEET TO THE SOUTHEAST CORNER OF SECTION 19; THENCE S 890 50' 47" W, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 19, A DISTANCE OF 2636.39 FEET TO THE SOUTH QUARTER CORNER OF SECTION 19; l0651 , 5 1 0 Page 2 of3 .. . , '- 'THENCE S 890 59' 56" W, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 19, A DISTANCE OF 2542.16 FEET TO THE SOUTHWEST CORNER OF SECTION 19; TIffiNCE S 00002' 54" E, ALONG TIffi EAST LINE OF TIIE NORTIIEAST QUARTER OF SECTION 25, A DISTANCE OF 2310.70 FEET TO THE EAST QUARTER CORNER OF SECTION 25; THENCE S 000 02' 54" E, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 30, A DISTANCE OF 324.94 FEET TO THE WEST QUARTER CORNER OF SECTION 30; TIffiNCE S 00002' 31" W, ALONG THE EAST LINE OF lliE SOUTHEAST QUARTER OF SECTION 25, A DISTANCE OF 2240.71 FEET TO A POINT 75.00 FEET NORTH OF THE SOUTH LINE OF SECTION 25;' THENCE N 890 43' 06" W, 75.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SECTION 25, A DISTANCE OF 4667.69 FEET ON A CURVE ON THE SOUTHEAST RlGHT-OF WAY OF DOVE MOUNTAIN BL VD.(FORlvfERL Y REDHA WK BOULEVARD) AS RECORDED IN DOCKET 10293 AT PAGE 1013, FROM WHICH THE RADIUS BEARS S 410 03' 46" E; THENCE SOUTHWESTERLY ALONG A CURVE TOlliE LEFT, WHICH HAS A RADIUS OF 1525.00 FEET AND A CENTRAL ANOLE OF 480 49' 08", AN ARC LENGTH OF 1299.38 FEET TO A POINT OF TANGENCY; THENCE S 000 07' 05" W, PARALLEL TO AND 75.00 FEET EAST OF THE EAST LINE OF SECTION 35, A DISTANCE OF 4180."87 FEET TO A POINT 50.00 FEET NORTH OF THE SOUTH LINE OF SECTION 36; . THENCE WEST, ALONG A LINE 50.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SECTION 36, A DISTANCE OF 75.09 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 1881.6 ACRES, MORE OR LESS. ,~.- CM:cm September 26, 1997 . . 960 13llegals/specific.lgl NOTE: "POINTS OF CQ.i\flv1ENCEMENr" AND "BASIS OF BJ;:ARINGS" FOR THE PRECEDING DESCRlPTIONS ARE AS DEPICTED WITIllN AN ACCEPTED SURVEY TITLED "TORTOLITA DEVELOP:MENT", COIvfPLETED BY COLLINS-PrNA CONSULTING ENGINEERS INC., JOB NO. 2057, DATED 2/6/87, STAIvfPED BY RAUL FRANCISCO G. PrNA - RLS 16597, MOST RECENT REVISION DATE 8/26/87. (AMENDED BY DECLARATION OF A SCRIVENER'S ERROR RECORDED IN DOCKET 10417 AT PAGE 466 REGARDING THE SOUTH LINE OF SECTION 25 SHOWN ON THE PLAT OF "HERITAGE HIGHLANDS AT REDHA WK LOTS 1-392" AS RECORDED IN BOOK 48 OF MAPS AND PLATS AT PAGE 31.) ~-.-, . ~ ~ ..'::. '.:, ." ~~-,. . Ui"~~' :j:' (;f\\" Tel!; ';~"), l. \.:.I G 2t"r-'l8 ~ ~...-.. .:J...... \ C. CHiJf" - \ ::c: ...oJ~. 1. \\ \~ ~:~o. 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