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Above: May 2002 Below: June 2004
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So Arizona began the serious task of passing laws and regulations –
grading, drainage, land–use planning, hillside ordinances, water
assurances, master plans – to overcome the negative image.
Development
– a major economic engine in the state – can be found in all forms
today. Some developers build look-alike houses mile upon mile while
some attempt to create more unique “neighborhoods” that attempt to
stand out among the crowd. One or two are even building sterling
reputations as sensitive, environmentally friendly developers.
By
any measure, Johnson’s La Osa Ranch ranked at the bottom of Arizona
development. His land sat near the small town of Marana, just north of
Tucson in southern Arizona, close to the Pinal and Pima county lines.
It also was near the Ironwood Forest National Monument and the Los
Robles Archaeological District – both protected, restricted areas meant
to be kept in pristine condition.
In addition, it was within
striking distance of military flight patterns and helicopter training
facilities of the Western Army National Guard Aviation Training Site.
This
open desert north of Tucson is one of the ripest spots in the state for
development. A dozen massive subdivisions have been approved, promising
to bring nearly 200,000 housing units with a half-million new residents
to an area that’s currently considered rural.
The Town of Marana
pays incredible attention to all this development, watching through
satellite imagery just how its land is changing. The town even employs
a satellite analyst, Chris Mack, and it was he who first noticed what
was going on at La Osa Ranch.
As he told Government Technology
magazine in 2005: “We started hearing in December 2003 through various
environmental groups of this proposed La Osa Ranch development and some
of the allegations of illegal land clearing. I looked to see if our
imagery covered the area and, at that time, we had two dates of imagery
– May 2002 and May 2003. I spotted the site in question fairly readily
because there was a start of land clearing activities, and you could
see bulldozer tracks in the area of interest.”
By 2004, the extent
of the damage could clearly be seen from space, Mack adds, and as the
magazine described, the images resembled “a lunar landscape or the
aftermath of a nuclear blast.”
In the pictures he gets from space,
Mack knows that vegetation shows up as red while dirt shows up as gray.
In the first pictures he had, La Osa Ranch was awash in red. By 2004,
there wasn’t a bit of red to be seen on the entire 2,270 acres. The
land had been “scraped clean” of some 40,000 native plants, including
thousands of state–protected saguaros, the state’s lawsuit says.
The
state trust lands – held in trust for the benefit of the state’s public
school system – along the western border of Johnson’s property are
within the boundaries of the Ironwood Forest National Monument,
established in 2000. The suit notes President Bill Clinton’s
observations about this land when he gave it federal status:
“The
landscape of the Ironwood Forest National Monument is swathed with the
rich, drought–adapted vegetation of the Sonoran Desert. The monument
contains objects of scientific interest throughout its desert
environment. Stands of ironwood, palo verde and saguaro blanket the
mountain floor beneath the rugged mountain ranges, including the Silver
Bell Mountains…. The desert bighorn sheep in the monument may be the
last viable population indigenous to the Tucson basin.”
In addition,
the state notes that portions of the land “are so rich archaeologically
that they have been designated on the National Register of Historic
Places as within the ‘Los Robles Archaeological District.’”
In all,
this district includes 119 sites that once represented “a large and
successful hub of trade, manufacture, agriculture and ritual/political
life” of the Hohokams. While most Hohokam sites around Arizona have
disappeared, this area “has survived almost intact, and thus offers a
unique opportunity to study all the levels and components of Hohokam
community life,” the state notes.
When Johnson bought the land for
his company, it was designated in Pinal County’s comprehensive plan as
“development sensitive” and “rural.” He soon asked that its zoning be
changed to “transitional,” and on October 15, 2003, he submitted a
detailed plan for a Planned Area Development (PAD), which included
67,000 homes, a resort, golf courses and businesses. Basically, it was
supposed to be a city twice the size of Flagstaff.
Some saw it not
as a planned community but as a “sprawl city” that would damage the
area and eventually force the closure of the military installations
nearby. When Johnson was confronted with this opposition, he argued
that Pinal County would be “illegally” taking his property without
compensation if it denied him the zoned he wanted.
Not so fast, the
state’s largest newspaper said, with an editorial titled, “Sorry,
George, That One Won’t Fly.” The Arizona Republic reminded him that he
didn’t have a right to new zoning. “That’s why the whole procedure is
called a zoning ‘request,’ not a zoning ‘guarantee,’” the editorial
chided.
None of the opposition seemed to stop Johnson, according to the state.
“Johnson
International’s requests to Pinal County generated considerable public
concern and/or opposition,” the suit contends, “including concerns
about the impact that the proposed development may have on the adjacent
Ironwood Forest National Monument, the archeological sites within the
Los Robles Archeological District, the Santa Cruz River, the area’s
riparian habitat, the bighorn sheep in the Silver Bell Mountains, areas
of religious and cultural significance to native Americans, and
endangered species such as the Pygmy Owl.
“Nevertheless… even as
Johnson International’s requests were being considered, Defendants
already had bulldozers and other earth moving equipment clearing and
leveling substantial portions… of the proposed development, trespassing
on State Trust Lands, destroying protected native plants, filing in
water courses, discharging pollutants, irreparably damaging ancient and
historic archeological sites, and otherwise ignoring numerous laws
applicable to developers in their position.”