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Home My WebLink AboutOrdinance 96.46 Amending the existing Tortolita Mountain Properties specific plan MARANA ORDINANCE NO. 96.46 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AMENDING THE EXISTING TORTOLITA MOUNTAIN PROPERTIES SPECIFIC PLAN AND EXPANDING THE SPECIFIC PLAN TO INCLUDE THE RUELAS CANYON PROPERTY AND THE BAJADA PROPERTY LOCATED IN PORTIONS OF, OR ALL OF, T11S, R12E, SECTIONS 13-17,21,26,35 AND Tll S, R13E, SECTIONS 7, 8, 18 AND 19 AND RENAMING THE SPECIFIC PLAN WITH THE AMENDMENTS AS THE REDHA WK SPECIFIC PLAN BY ADOPTING THAT CERTAIN DOCUMENT ENTITLED "REDHA WK SPECIFIC PLAN" BY REFERENCE. 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 the specific plan from time to time; and WHEREAS, RedHawk Marana, L.L.C. (by and through its Lawyers Title Trust No. 7804-1') and Rita Land Corporation (by and through its Lawyers Title Trust No. 7805-1'), currently own and is developing that area \vithin the Town of Marana which is subject to the Tortolita Mountain Properties Specific Plan; and ,- WHEREAS, that document herein referred to as "REDHA WK SPECIFIC PLAN" has been made a public record by the adoption of Resolution No. 96-111 on December 3, 1996, by the Mayor and Council of the Town of Maran a; and WHEREAS, the owner, through the applicant, The Planning Center, has applied to the Town of Marana to amend the existing Tortolita Mountain Properties Specific Plan and to expand said plan to include the Ruelas Canyon Property which is 1,343 acres, and the Bajada Property which is 2,347 acres as more particularly described in the REDHA WK SPECIFIC PLAN; and WHEREAS, the Marana Planning Commission held a public hearing on the amendment request on October 30, 1996, and did not approve or deny the amendment to the Tortolita Mountain Properties Specific Plan and the expansion of said plan to include the Ruelas Canyon Property and the Bajada Property; and WHEREAS, the Town Council of the Town of Marana held a public hearing on December 3, 1996, to obtain public input on the amendment to the Tortolita Mountain Properties Specific Plan and the expansion of said plan to include the Ruelas Canyon Property and the Bajada Property, and to rename the plan and the amendments as the REDHA WK SPECIFIC PLAN, and believes that the amendments would be in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Maran a, Arizona that: - Marana. Arizona Ordinance 96A6 Page 1 of3 - Sectionl. The certain document entitled "REDHAWK SPECIFIC PLAN,"three copies of which are on file in the office of the town clerk of the Town of Marana, Arizona, said doctunent having been made a public record by Resolution No. 96-111 of the Town of Marana, Arizona, is hereby referred to and made a part hereof as if fully set out in this ordinance. Said public record is hereby adopted, with modifications 1-4 set forth below, renaming the entire Specific Plan the "REDHA WK SPECIFIC PLAN" and expanding the area governed by the Specific Plan to include the Ruelas Canyon Property and the Bajada Property. The modifications to the revised Specific Plan are: 1. The Estate Standards for Street Development referenced in the RedHawk Specific Plan are deleted. 2. The first paragraph of page IV-31 of the RedHawk Specific Plan is amended to read as follows: Two elementaIy schools sites are planned within the RedHawk Specific Plan area. The first is in Section 35 in the area immediately north of Prospect Wash. The second will be much later in the project, and be located in the area west of Wild Burro Wash. The first school site will be available to the school district until 2005 and the second will be available until 2015. The sites will be conveyed to the school district at no charge when the school district is ready to proceed with construction of an elementary school and subject to the following provision: ~ To the extent that the school district assesses development impact fees within RedHawk, these fees will be waived until such time as the Developer has received reimbursement of the fair market value of the school site(s). 3. The RedHawk Specific Plan is amended to reflect that horses will not be allowed within the mountainous terrain fOlmd in the Ruelas Canyon. 4. The RedHawk Specific Plan is amended to reflect the provisions set forth in the letter to Dan Felix, PimaCOlmty Parks and Recreation, from David Mehl dated December 16, 1996 (attached hereto as Exhibit A) outlining the Developer's commitment to grant easements for trails. Section 2. The Developer shall prepare the final version of the RedHawk Specific Plan reflecting the modifications set forth in this Ordinance within fifteen (15) days of adoption, and if the changes are properly included, town staff shall approve the RedHawk Specific Plan within fifteen (15) days of submittal by the Developer. Thereafter the revised Red Hawk Specific Plan will be recorded in the office of the Pima County Recorder at the expense of the Developer. Section 3. The Developer shall contribute $15,420.00 toward a sub-regional transportation study which shall be paid to the Town prior to staff approval of the first residential subdivision final plat or commercial/industrial development plan or subdivision final plat. The golf course and resort hotel are excluded from this requirement. Section 4. The Developer consents to the assumption of water utility and sewer utility service responsibility by the Town of Marana provided the Town assumes all of the duties and responsibilities Marana, Arizona Ordinance 96.46 Page 2 of3 ~~ of the utility provider under service agreements in effect when the assumption is made, and that such consent be made binding upon the Developer and its successors, heirs and assigns. Section 5. The Developer shall endeavor to amend its existing water agreement with the City of Tucson and sewer service agreement with Pima County to provide for the transfer of each entity's facilities in RedHawk which were previously contributed or that are contributed in the future by the master developer (i.e. Westinghouse), at no cost to the Town, upon assumption by the Town of the responsibility to provide water and/or sewer service in accordance with the Developer's utility service agreements. Water facilities would transfer upon assumption of water utility service and sewer facilities would transfer upon assumption of sewer utility service. Section 6. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 7. Ifany 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 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of December, 1996. --.-..-.;::.-- ____.- I //KI'fEST: // /' ~IP -&{ . ~--k--- Mayor ED HON A APP, ED AS TO FORM: \I~~~ Daniel J. Hochuli Town Attorney Marana. Arizona Ordinance 96.46 Page 3 of3 - - ~~ via facsimile transmission December 16, 1996 Parks and Recreation Pima County Attn: Dan Felix 1204 West Silverlake Rd. Tucson, AZ 85713 Re: Trails in RedHawk Dear Dan: This letter modifies our RedHawk trail proposal to include your most recent input. Attached hereto as Exhibit A is a map ofRedHawk showing proposed locations of our trails. Weare willing to grant valid and binding easements for the trails as follows: A. The trail alignment will follow the community and regional trail corridors as identified in Exhibit A. We will solicit your input on the exact alignment within these corridors, but the final determination of alignment will be at our discretion. We will have the ability to reasonably relocate the trails within these corridors from time to time to accommodate development within RedHawk where adjacent to RedHawk Boulevard. The trail is to be placed within the public right of way and/or an adjacent 25' natural area strip. We will make reasonable efforts to locate the trail towards or within the natural area strip to minimize the trail interface with public roadways and maximize trail exposure to naturally vegetated areas. B. The easements will be granted where the trails are not located within public rights of way, and will generally be 15' in width to accommodate a maximum trail width of 10'. Our intent is to construct a 6' wide natural surface trail; the trail may be widened to a maximum width of 10' in the future by Pima County at its expense if it deems the additional width necessary. Along Wild Burro Wash, there will be two easements. The first easement will be 20' wide and will generally be located outside of the flood plain and along the westerly side of the wash. The second easement will be a minimum of 15 feet wide and lie within the Wild Burro flood plain. The Wild Burro easement will connect 3567 East Sunrise Drive. Suite 219, Tucson. Arizona 857\8 (520) 299-8424 FAX (520) 577-2391 COTTONWOOD PROPERTIES EXHIBIT A 'ID ORD:nwcE ID. 96.46 Dan Felix PARKS & RECREATION December 16, 1996 Page 2 with both the existing trail in Wild Burro Canyon and the interim and substitute parking lot. To the extent that a portion of the trail easement is no longer needed when the interim parking lot is abandoned, the County will execute a quit claim deed for that portion of the trail easement. Please bear in mind that a portion of the trail fronts on property already conveyed to U.S. Home, and we will make reasonable efforts to also obtain this easement from them. C. The easement agreement will include the following conditions, and the terms of this letter agreement: 1. COUNTY shall have the right to construct and maintain a recreational trail within the easement for pedestrians, equestrians and bicycles. 2. COUNTY shall have the right to make such topographical changes as are consistent with and reasonably necessary to promote the trail purpose of this easement. 3. Motorized vehicles shall not be permitted on the Property, except to construct the trail and to perform maintenance. 4. COUNTY may erect such signs as are consistent with Design Guidelines we have established for RedHawk and with the conservation and trail purpose of this easement. 5. COUNTY may remove, alter or trim vegetation. All new vegetation shall be harmonious with the general surrounding vegetation. 6. COUNTY has the right to enforce its regulations. 7. No overhead utility transmission lines may be installed in, on or over the Property. D. We will build the trails and grant the proposed easements in segments as we proceed with the development ofRedHawk. To the extent that Pima County wishes to extend the trails in RedHawk in advance of our development, we will grant a relocatable easement to Pima County. In this situation, funding of trail improvements would be by Pima County. When we have construction activity that conflicts with trail usage in the relocatable easement, Pima County will temporarily close the trail during construction. E. The homeowners association(s) in RedHawk will maintain the trails, and Pima County will reimburse the RedHawk HOAs on an annual basis for the cost to maintain the trail to the reasonable development standard of the community, subject to the Department's annual appropriation process. To the extent that maintenance costs are not funded (after written notice from RedHawk giving Pima County 60 days to pay), Pima County's Dan Felix PARKS & RECREATION December 16, 1996 Page 3 easement will be of no further force and effect. In the event that Pima County is of the opinion that the trail maintenance costs are in excess of what they would pay in comparable areas, Pima County would have the option of submitting its own bid and maintaining the trails itself, or submitting a bid from a private contractor demonstrating the cost of maintaining trails in comparable areas, and then reimbursing the homeowners associations to the extent of that bid. F. Pima County has the right to install reasonable and appropriate signage on or about the trails provided that such signs are in conformance with the sign criteria ofRedHawk. G. We will also provide an easement for a two acre interim parking lot at the end of the next phase of construction ofRedHawk Boulevard (near the mouth of Wild Burro Canyon), and we will have a one time right to terminate the interim parking lot easement and deed to Pima County at no cost a substitute parking lot area further into Wild Burro Canyon when roads are developed in that area. Prior to selecting the site for both the interim parking lot and the substitute parking lot, we will solicit reasonable input from Pima County Parks Department as to an appropriate location and parcel configuration for said parking lots. It has been a pleasure working with you to create this exciting new trail system within RedHawk. I believe the above points address all of our mutual concerns. If you are in agreement and support with the foregoing trial proposal, then please so indicate by signing below and we will ask the Marana Town Council to approve these terms as part of the RedHawk Specific Plan. Thank you for your courtesy. CJ:)jfL( David Mehl APPROVED: PIMA COUNTY PARKS AND RECREATION f"- By: Its: REDHA WK SPECIFIC PLAN . I I . I ~J : U, ,..... L.EQEN) ~ OPEN 5PACe "---'1 GOMHJHIT'f'TAAIL 1* * *1 RE6IOAAL 'TAAIL ~ NA'MU: CONeeRVATOR'l" ~ p~ 00 ($Ow" OPTION ; i ; ! I lo'".- T~te RO/'O OPEN SPACE/ ~CII)THE TRAILS/RECREATION ~~~.. CONCEPT PLAN Co --.. -. ,- -.... ExhtlIIlV-6A: o 1600' 3200' EXHIBIT A - Page 1 of 2 .. .. .. .. .J --' '~ '" .. .. \ .. .. \ ""~ { . . . ~ f'P ~88l\ t \ \ l \ 1 l r ~ g!>> 0 %:0-0 ~~'! ~~~\ "'tS~~:2. ~oQ~ z%... ~ ~ III ';I: \.0 H (l) ljj H tv 1-=3 o ,;''''' t-h tv