Tuesday, March 29, 2022

Guest View: Mike Zinkin – Is the Environmentally Sensitive Land Ordinance (ESLO) just another Disingenuous Ordinance?

 

Chapter 27.10 of the Town Code established the ESLO
Its purpose states that: “The environmental sensitive lands (ESL) regulations implement the Oro Valley General Plan by conserving natural, scenic, hillside, and cultural resources. This has been accomplished in a comprehensive manner by accounting for environmental, archaeological and historic resources, economic development, and housing policies.”

Just as we saw in the Town’s Water Ordinance, the words mean nothing. Just as the Town preaches for its citizens to conserve water while at the same time wasting millions of gallons on golf courses, the Town preaches environmental regulations that help destroy the environment.

Town West is using a sentence in the ESLO as a vehicle to circumvent the General Plan and increase water waste.
Town Code Chapter 27.10.F.2.c.iii.h is titled, “Mixed Use.” It states that: “Residential uses that are functionally integrated, including access, nonvehicular circulation and amenities, with commercial or employment uses may be approved within commercial zoning districts.”

The Marketplace is a commercial district, therefore the ESLO potentially allows for residential use. Apartments are a form of residential use. The key words are may and potentially. This is what staff calls an ask. The decider is our elected body (the Town Council). Of course, our current Council has chosen to “kick another can down the road” by continuing this application to a future date.

Apartments and Hotels use much more water than retail and restaurants
Every store and restaurant has restrooms, and the restaurants also wash a lot of dishes. They use water... potable/drinking water. Now let’s use the ESLO and change the businesses and restaurants to apartments and hotels. Both of these entities have multiple bathrooms, showers, and dishwashers.

One can only imagine how much more water is utilized by the apartments and hotels when compared to commercial businesses and restaurants. Yet this is allowed under the Town’s Environmentally Sensitive Lands Ordinance. That’s correct -- the ordinance that is supposed to conserve natural resources is being used to exponentially increase the use of natural resources.

Is this disingenuous? Why can’t our elected leaders understand this?

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Mike Zinkin and his wife have lived in Oro Valley since 1998. He served on the Oro Valley Development Review Board from 2005-2009, the Board of Adjustment from 2011-2012, and the Town Council from 2012-2016. He was named a Fellow for the National League of Cities. He was a member of the NLC Steering Committee for Community and Economic Development and a member of the Arizona League of Cities Budget and Economic Development Committee. He was an Air Traffic Controller for 30 years. Mike has a Bachelor’s degree in history and government from the University of Arizona and a Master’s degree in Social and Philosophical Foundations of Education from California State University, Northridge