Oro Valley Town Council Considers Extending ESLO

---

There is one item on the main agenda of tonight's Oro Valley Town Council meeting.  It is a motion to initiate a zoning code amendment "...to correct inconsistencies [regarding] the applicability of Environmentally Sensitive Lands regulations [ESLO]."  The item is procedural in nature.  It is to clarify how the ESLO should be applied to general plan amendment considerations.  The need for considering this came about in December during the review of the Desert Springs general plan amendment.  It is town staff's position that ESLO should be addressed during all land use cases.

If the Council approves this motion, then the Planning and Zoning Commission will review proposed changes and recommend actions to council.  We suspect that this will occur at an upcoming near-term meeting of the Commission.

Oro Valley's ESLO ordinance dictates land use in relation to the environment. There are six designations of land use (Map)

• Major Wildlife Linkage Category (100% Open Space) 
• Critical Resource Area Category (95% Open Space) 
• Core Resource Area Category (80% Open Space) 
• Resource Management Area Tier 1 (66% Open Space) 
• Resource Management Area Tier 2 (25% Open Space) 
• Resource Management Area Tier 3 (0% Open Space)

Areas that are not within the town's boundaries are not mapped.  Thus, a proposed annexation area, such as Desert Springs, does not have an Oro Valley ESLO determination

The ESLO dictates what can and can not occur in relation to disturbing the land.  It was developed and approved by the prior council in January, 2011(Ordinance No. (O) 11-01).  It is part of the General Plan.  "The ESLO establishes zoning regulations, guidance, and incentives to conserve sensitive resources in the town of Oro Valley through the use of geographic information system (GIS) mapping within the town of Oro Valley, along with integrating the Pima County principles defined in the already established Conservation Land System (CLS) Regional Plan Policy4 and the Multi-species Conservation Plan (MSCP), which is part of the Sonoran Desert Conservation Plan5 (SDCP)."(Source)

During the hearings on Desert Springs, the applicant did recognize that, once the town annexed Desert Springs, the ESLO would apply.  The applicant hired a consultant to discuss how ESLO would apply once the annexation had occurred.  The town, however, does not have the Desert Springs area mapped for ESLO since the area is not part of the town... yet.

So, tonight, the council will consider how to insure that ESLO considerations are applied in any general land-related amendment.
---

Oro Valley Town Council Continues Decision On Desert Springs Amendment

---

Tonight, the Oro Valley Town Council voted 7-0 to continue the Desert Springs General Plan Amendment.  This means that this property, located across from the Oro Valley Marketplace, adjacent to Catalina State Park will remain as low density residential/ commercial for the moment.  It also means that those who oppose this change must remain vigilant, for this amendment will come up again in some form, unless the developer decides they can get a better deal by staying in Pima County.

It was obvious, based on the tenor of the discussions, that the amendment would not have been approved by a super majority of council, as required. So, the "pro business four"(Mayor Hiremath and Council Member's Waters, Hornat and Snider) pulled if off the table.  This, they could do by a majority vote.  This, they had to do, because the measure would not have been approved.

Significant points that arose during the discussion:

• To Mayor Hiremath, the decision is a matter of control.  Does Oro Valley want to have Pima County control what happens to this property or would Oro Valley rather have control over what happens?  Thus, a rejection of this amendment would leave the future development of this parcel in the hand of the County.
• The requested amendment is to change the land use designation; not to annex the property. Annexation would occur if the applicant requested annexation by the town and the town agreed. In other words, the applicant could get agreement for a land use change and then pit Pima County and Oro Valley against each other in a bidding war for zoning most favorable to the use granted.
• Council Member Burns questioned where the facts were to support the assertions that, for example, medium density housing is needed now, whereas it was not needed when the plan was approved in 2005.  Also, he asked, has the town vision of being a "residential, resort" community changed such that it should foster significant density residential next to the Catalina State Park?  If so, where is the evidence to support this assertion?
• Council Member Garner questioned why, in one request, WLB, the developer of two separate parcels being requested for amendment, said there was no demand for residential; yet, on Desert Springs, located two miles east, they claim that there is a demand for residential.
• Council Member Zinkin noted that the property, once approved for a medium density land use, would likely be requested to be zoned for this use.  This increase density would result in "track homes." 

Council chambers was packed to overflowing, with concerned County and Oro Valley residents. Many spoke during the public hearing portion of the discussion. Most spoke against the amendment.

In other items:

• Council continued discussion of annexation of Tohono Chul.  The continuance was requested by the applicant.  The applicant needs more time to "shore up" support for the anexation among other property owners in the area.  For example, there is a hotel and substantial other commercial property owners in the annexation area.  The addition of Oro Valley would be a significant, positive addition to our community.
• Council approved by a 7-0 vote the general plan amendment to allow commercial property use of the parcel located on the northeast corner of Tangerine and LaCholla. 
• Council rejected an amendment that would add an energy component to the general plan. As Council Member Zinkin motioned, it would be best for the voters of Oro Valley to decide an addition of this nature when the 2015 general plan is considered.

What Desert Springs Might Look LIike

---
Last week we reported that the Oro Valley Planning and Zoning Commission recommended an amendment to the General Plan for the Desert Springs community. We've made numerous postings on this. (Key Word: Desert Springs).

During the public hearing, one resident presented a picture of the property to include the possible densities where houses will be built. (We do not wish to mislead anyone into thinking that the entire property will be this way.)

Click On Picture To Enlarge

Here's the picture (Click To Enlarge).

The point is that the housing density proposed by this General Plan amendment is substantially greater than the density that is currently in plan.

You be the judge.

Is this the type of density that should be adjacent to the Catalina State Park?
 ---

Oro Valley Planning and Zoning Commission Moves Desert Springs Amendment Forward

---


Did you know that 22 years ago the town recommended that the Desert Springs property designated land use was for resort use?  Did you know that is how it is designated in the Oro Valley General Plan?

Last night, the Oro Valley Planning and Zoning Commission recommended changing it.  By a 4-3 vote (Commissioners Swope, Rodman and Buette saying "no") the commission recommended substituting its judgment on how this land should be used for the judgment of the people.  That's right.  Four appointed commission members decided that what you voted on in 2005 no know longer suited the times.

The four made the decision without the benefit of detailed market studies and analysis demonstrating that the situation had truly changed during the past eight years.  They did it on the basis of a recommendation by town staff.  They did it based on a lengthy presentation by the developer.     They did it with the full knowledge that in just two years you would have the opportunity to vote on it if it will put in the General Plan to 2015.

No need to wait. Their vote says that know better than you, the people who approve the general plan.

The decision on what happens with this property and whether the amendment actually passes  is now up to the Oro Valley Town Council, four of whom (Council Members Burns, Hornat, Snider and Waters) listened to the 3 hour 15 minute discussion that proceeded this vote.

Don't count on the State Parks Division to help you with the decision. Their position is that landowners have the right to use their property and that the State's job is to mitigate the impact.   In other words, they do not opining on the use of any property.

Don't count on the abutters, Taglante Estates, to stand in the way of this change.  The developer has been in talks with them. These abutters said last night that they were satisfied that their "concerns" have been met. 

What they don't understand is that none of the promises the developer has made to them need to be met once this amendment is approved.  "Details" regarding sightlines and buffer zones are not decided until after the applicant begins the process of actually building something on the property.   

What these abutters also may not realize is that the people with whom they have been negotiating may never actually build out the property. Instead, the property owner can sell the property a a nifty profit once it is general-planned for a more than doubling of home density on the property.  This profit, by the way, is earned because the development of a property of greater home density is of higher economic value.

Here are some of the comments made by the public at the hearing.

• "It is not the job of government to change land use to make it better for a developer"
• "Healthy land makes for a healthy population... Blading the land will simply disturb the animals and the plants and create stress for us all.
• This from a Sun City Resident: "My concern is light pollution. I like stars.  I don't think I will be able to do that if more lights are put in."
• From Oro Valley resident Pat Kinsman: We thought we would keep this land for the animals when we created the general plan.
• From Oro Valley resident Bill Adler:  "I have suggested that the commissioners should discuss density. Focusing on two units per acre at the maximum."
• "Open space is a treasure of Oro Valley."

Unfortunately, many of these comments have nothing to do with the criterial for seeking a general plan amendment.  The primary requirement is demonstrating that conditions have changed such that an amendment is appropriate.  

In speaking of the proposed amendment, some council members spoke of the right of a landowner to use this land.   (One, Commissioner Alan Caine, "laughed" at how people could even be concerned of the visual impact of the park on those who use the park.  After all, people are looking east, not west.) Others noted that the landowner has the right to build on it as it is currently planned.  So, they noted, there is no option regarding having this property be open land.

One Commissioner noted that this request represents a big change from the general plan in that it is a major change in usage and housing density. Yes, he noted, the owner of the property has the right to use the property as it is now in the general plan; however,  it is not the job of the Commission to recommend a change unless there is an egregious problem.  A problem that he did not foresee.

In our posting: "Desert Springs: Is This A General Plan Amendment You Want? we asked you to become knowledgeable of this requested amendment for this property that is adjacent to Catalina State Park.  After all, once this land is developed it is forever changed.

The real "decision" on this proposed amendment now moves to Town Council in December. You should be there.

---

Bits and Pieces

---
Rumor has it that the Oro Valley branch of the Pima County Libray will be closing at 7 PM, like the Green Valley Branch, and not 8PM, like other Pima County branches.  This is a change from the current 8PM closing time.  The change in closing time will impact not only those who use the library to get their books  but also those who use the meeting rooms.

Have you noticed any other changes in library operation since the County took it over?
---
Apparently, this week's neighborhood meeting on Desert Springs was a bit contentious. As reported by the Arizona Daily Star.  As we have previously reported, the property owner is seeking a major general plan amendment that would substantially change land-use to medium density and commercial use from it's presently intended land-use of low density, resort use.  We've asked in previous postings that you get involved in this desert springs general plan amendment.  Hopefully some of you attended this neighborhood meeting.  The Oro Valley Planning and Zoning Commission second public hearing on Desert Springs takes place a week from this coming monday.  Once this public hearing occurs, the matter moves in front of the town Council.  There, it will require a super-majority for passage.
---
It was nice to see the HIVE team deployed yesterday afternoon at Oracle Road and Magee:  one motorcycle cop had pulled over a driver on the northbound lane while the other set employees to pounce on any violators while sitting at the Circle K.  If the intended deployment is too slow drivers down and make them more aware of what they're doing on the road, then this is a good thing.  That section of roadway becomes a speedway in the rush hour traffic.
---
If you are interested in hunting in Oro Valley, then this news report from KVOA will be of interest to you.
--- The holiday "Shop Oro Valley" promotion starts November 1. ---

Desert Springs: Is This A General Plan Amendment You Want?

---

Is the pending Desert Springs general plan amendment something you want?

The Desert Springs property is a huge piece of land at Oracle and Tangering that has wonderful natural scenic beauty.  It abuts Catalina State Park.  Once it is built upon, it will never look the same again.  It is incumbent upon all of us to exercise our civic responsibility to provide our council members with our guidance regarding whether we believe that this general plan amendment is appropriate.

If you don't have an opinion on Desert Springs you should.

The Oro Valley Planning and Zoning Commission conducted their first of two public hearings on the Desert Springs development.   Last week, we wrote in detail about this.

The staff is in favor of this general plan amendment.  Some who spoke at the hearing were also in favor of it. There were those, such as resident Bill Adler and non resident Carolyn Campbell of the Coalition for Sonoran Desert Preservation who were not in favor because they had not been included in any discussions with the developer.

Resident Carl Boswell spoke against the project on the basis that this request would simply enrich the developer because the property would then have a "higher market value.".  The property owner is, after all, not required at this stage to build what they're telling us they would like to build on this property.   Sun Chase could, for example, sell the property at a profit once the amendment is approved.  Carl ended his remarks noting that "these are changes that Oro Valley does not need."

This is not our first rodeo. We know that the only things that needs to be decided by town Council regarding this amendment is whether the amendment meets the following four criteria for general plan amendments:

1. The proposed change is necessary because conditions in the community have changed to the extent that the plan requires amendment or modification; and
2. The proposed change is sustainable by contributing to the socio-economic betterment of the community, while achieving community and environmental compatibility; and
3. The proposed change reflects market demand which leads to viability and general community acceptance; and
4. The amendment will not adversely impact the community as a whole, or a portion of the community without an acceptable means of mitigating these impacts through the subsequent zoning and development processes.

Any other discussion, including those about the specific design and buffer zones, is irrelevant.  The only time that these items become even somewhat relevant to the decision of whether or not this general plan amendment is appropriate is when the council considers item number four on this list.

Several speakers noted that all residents of Oro Valley, neighboring communities, and users of the State Park will be impacted by this general plan amendment.  It is not simply a matter that should be left to the abutting property owners.  Nor is it a matter that should be left to environmental groups who represent all of Pima County.  Nor should it be left to a handful of interested residents.

No. This is a matter to which we all should pay attention.

The next neighborhood meeting on Desert Springs will be October 24 at 6 PM in town council chambers.  The next public hearing conducted by the Oro Valley Planning and Zoning Commission will be Monday, November 5 at 6 PM in town council chambers.  Then, Desert Springs will be on the agenda for council consideration in November.

You can get smart about Desert Springs by reading our previous postings on Desert Springs; and by visiting the town's Desert Springs general plan amendment website.

---

Desert Springs Hearing Tonight

---
Yesterday we discussed the first of two items on the Oro Valley Planning and Zoning Commission agenda for this evening.  The second item on the agenda is a general plan amendment regarding Desert Springs.  We provided you with details about this Desert Spring project in August.

The general plan amendment is one of many things that needs to happen for the Developer to get what they want.  Essentially, the developer wants to put apartments and commercial units on the property changing it from low-density residential; and eliminating the golf course that is part of the plan at the moment.

This amendment is the first step in the entitlement process for this property. Following the amendment to the General Plan, the property is anticipated to be annexed into the Town of Oro Valley and likely at the same time, a Planned Area Development (PAD) would be prepared and processed to rezone this property for the intended uses. (Source: Town Staff Report Page 14)

The most important aspects of this proposal concern the impact of this change on the abutting neighbors:  Talante Estates and Catalina State Park.  According to the town staff report, neighbor concerns are being mitigated.

Hopefully, the neighbors will show up to this, the first of two Planning and Zoning Commission hearings.
---

Bits and Pieces

---
A number of sources report that the " the last remaining tract of undeveloped residential land within the Rancho Vistoso master planned community in Oro Valley" has been purchased by a California firm.   This tract: "Tentatively, slightly less than 100 acres will be developed west of Pebble Creek and Desert Fairway drives on the west side of Rancho Vistoso Blvd. On the east side of the boulevard, about 70 acres will be left as open space."  The built land will be about 400 lots.  The press release on this purchase speaks glowingly about Oro Valley.
---

Click To Englarge

Did you know?
There are almost 3,000 acres of vacant land in Oro Valley.  This number is based on an Oro Valley Development and Infrastructure Department response (see map at left) to an information request of one of our contributors.
---
The town's discussion on fast tracking Innovation Park construction projects occurred this week. It will be heard in a public hearing by the Oro Valley Planning and Zoning Commission this Tuesday.  The major citizen objection is the lack of public input in the fast track process.  See our "upcoming events" section for meeting information.
---
The Oro Valley Historic Preservation Commission is meeting on September 10 at the Oro Valley Council Chambers.  Among the items on the agenda is a discussion of Steam Pump Ranch.
---
If you use the services of Arizona Oncology, check your credit card charges.  One of their employees stole credit card information and identities, reports the Daily Star. She will be sentenced to "slammer" time in October.
---
The Town of Oro Valley has recently updated information on Desert Springs.
---

Desert Springs ("Kelly Ranch")

--

Click To Enlarge

A 105 acre mixed land use project is being proposed for Oro Valley.  This is is not "new news". The project is know as "Desert Springs."   It has been in the works for some time.  There are  many barriers before this project can move forward, including annexation, general plan amendments, environmentalist opposition and neighbor opposition.

The land was originally designated for purchase and "open land" by Pima County votes, in a 2004 bond vote. However, the amount of funding ($2.5 Million) was only about half of what was required. The money was used instead to by land in Tortolita State Park (Source). 

Scottsdale developer Sunchase Holdings owns the land. They are proposing this project, which abuts Catalina State Park, across Oracle Road from the Oro Valley Marketplace.  (Arizona Daily Star)

Click To Enlarge

This project was possibly discussed with the town in January (Source-Para 3) at a $359 town-paid for lunch at the El Conquistador hotel.

The town held a "neighborhood" meeting about out this project on April 12.  The fact sheet for that meeting states: "Although the property is already currently designated for a mixture of commercial, office,  resort and residential development, the Owner wishes to modify the General Plan land use designations to accomplish more of a village environment, rather than the corporate employment center as currently designated."

These words, "village environment" is a code word, in this instance, for a substantial increase in residential; as in "apartments".   The proposed zoning (click map above) would include both high and medium density residential, while the current zoning is only for low density residential.  This is a substantial change in land use.

"At the neighborhood meeting: "A number of neighbors expressed concern over the proposed density for the project and the impact on their property values. Neighbors felt that restricting the development of the southern parcel to one acre lots would provide a compatible development with their area. Discussion ensued regarding possible ways to mitigate concerns over density, including buffering the existing residential areas with low density along the borders of the southern parcel and through the use of landscape buffers. Other residents commented that the density was also too high adjacent to the State Park." (Source: Desert Springs Summary Notes, Para 2)

Quoting one of the Star bloggers:

"I wouldn't count on good decision making from Oro Valley Town Council. They simply don't get the concept that people moved here to be away from city life. They want more people to live here so they have a broader tax base. High Density Mixed Use is a real hot button for them. This is exactly why they began the push for a Mixed Use Zoning Code in January. The citizens voted against Mixed usw; delayed approval of the 2005 General Plan until that code was removed. Clearly we will have to do massive community education about the horrors of MU..." (Source: Comment 2)

Interesting comment.
---