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HomeMy WebLinkAboutMinutes - Environmentally Sensitive Lands Task Force - 10/15/2009 .c>04, MINUTES ° � ORO VALLEY }`` } ENVIRONMENTALLY SENSITIVE LANDS (ESL) Y ` PUBLIC ADVISORY COMMITTEE MEETING #6 ENVIRONMENTALLY °U b'91 OCTOBER 15, 2009 SENSITIVE LANDS HOPI CONFERENCE ROOM 11000 N. LA CANADA DR. PAC Members Present: Bill Adler Doug McKee Steve Solomon Steve Taillie PAC Members Absent: Don Chatfield Philip Kline Chet Oldakowski Oro Valley ESL Team Members Present: Colby Henley, Recon Bayer Vella Arinda Asper Guest Speaker: Sherry Ruther, Pima County Development Services Guest: Joe Hornat 1. Meeting called to order at 4:01 p.m. Mr. Vella explained that this would be the last meeting of an educational nature. The meeting's purpose was to lay out the groundwork for PAC to receive the Ordinance draft, and the discussion will focus on discussing the Sonoran Desert Conservation Plan (SDCP). 2. September 3, 2009, meeting minutes approved with no changes. September 9, 2009,joint session minutes approved with no changes. 3. Review of Field Mapping for Town Areas, With Focus on SDCP Policy Areas Mr. Vella explained that discussion of Agenda Item 4 would be first. Mr. Henley displayed three maps: 1) Scenic and Slope 2) Riparian, Linkages & Significant Vegetation, and 3) Habitat Layers Mr. Henley discussed Map# 2 (Riparian, Linkages & Significant Vegetation). This map's riparian area strongly reflects the existing code. Changes relate to scale issues, updated development, and the creation/addition of some linkages. The two most prominent vegetation stands are groupings of ironwoods and palo verde trees; only the most concentrated pockets of these species are defined, although there are additional, less concentrated pockets throughout the mapped area. The map doesn't include rock outcrops and saguaros. Mapping was based on aerial and ground surveying. 1 " Mr. Henleydiscussed Map# 1 (Scenic and Slope). This map's view shed categories reflect the General Plan, and show the protection around parks and arterials within the Town. Two classes of slopes are shown. In response to Mr. Solomon's question about how"view shed" is defined, Mr. Vella explained that these areas are laid out in the General Plan. Mr. Vella said that there may be a need to establish tiers of significant view corridors. Mr. Adler said that the General Plan refers to views as having "character" which is subjective, but it essentially means what we want to preserve. If we put in intrusive structures, we are changing that character. This is what the General Plan was trying to achieve. Mr. Vella explained the difficulty encountered in applying the Oracle and Tangerine road overlays to Oro Valley Marketplace. Mr. Henley discussed Map# 3 (Habitat Layers), and explained that the conservation land system consists of the biological core and multiple use management areas. Ms. Ruther said that the expectation from the data collected on road kill and wildlife crossing is substantial, and if the opportunity for wildlife to safely cross roads can be substantially increased, we would be contributing to the preservation of that wildlife. Mr. Henley said there is a lot of information on this map, which is why a systems approach is being used. Mr. Vella added that the next step in the mapping effort is going to a simplified version, similar to Pima County's approach. 4. Discussion Regarding the Sonoran Desert Conservation Plan (SDCP)with Guest Speaker Sherry Ruther, Pima County Development Services Ms. Ruther gave a Powerpoint presentation on the SDCP. The PAC was provided a copy of Pima County's Conservation Lands System, as amended June 21, 2005. The goal of the SDCP is to ensure the long-term survival of the full spectrum of plants and animals indigenous to Pima County through maintaining or improving the habitat conditions and ecosystem functions necessary for their survival. This goal is not necessarily based on counting the number of animals inhabiting the area, but rather an ecological monitoring system to maintain a healthy ecosystem. Success or failure is not based on the mere number of animals or individual species because there is more veracity in looking at a series of components. Ms. Ruther explained that the Conservation Land System (CLS) is a multi-year effort based on 5 keynote tenets of conservation biology and biological reserve design: • Perpetuates the comprehensive conservation of vulnerable species; • Retains those areas that contain large populations of focal vulnerable species; • Provides for the adjacency and proximity of habitat blocks; • Preserves the contiguity of habitat at the landscape level; and • Retains the connectivity of reserves with functional corridors. Ms. Ruther said that the CLS is going to incorporate the ebb and flow caused by nature or man-made circumstances affecting wildlife. Mr. Adler said he saw a discrepancy with the Oro Valley Code, which uses the word "enhance." Ms. Ruther said that the CLS approach does not say that a gentle hand can't be used to enhance the ecosystem. Mr. Vella added that enhancement applies more to correct some type of human influence. Mr. Adler said he was concerned with the idea that enhancement is a proactive approach because humans are going to damage public areas. Mr. Vella said that the PAC would need to discuss management issues later on. Ms. Ruther explained that the scientific approach to coming up with the tenets was based on tons of data that can be deconstructed, if needed. Not all areas of Pima County have equal importance, so they are designated as important to non-important. Pima County's process started out much like the ESL project. It was based 2 f ice"`• on very specific raw data, with 56 species, riparian and springs locations, and vegetation . Layering of data resulted in a very complex set of maps. Pima County took a very persistent and dedicated approach in adopting policies and guidelines, and developed criteria for how to interpret the data: • The white areas on the map are developed • Light green areas depict multiple uses, with 3 or 4 priority species. • Dark green areas depict biological cores, with a minimum of 5 priority species. • Purple areas are critical landscape linkage, and depict the most threatened areas and not all of the existing linkages. The Multiple Use Management areas, depicted in light green on the Pima County map, a re the most prevalent areas in Oro Valley. The category identifies lands that fulfill the five tenets used to construct the CLS, but are not as biologically rich as Biological Core Management Areas. These areas are primarily distinguished from other lands within the CLS by their potential to support high value habitat for three or more priority vulnerable species as identified by the SDCP. Arroyo Grande was mapped based on this same approach. Applicants are required to inventory property, and the starting point is 66 2/3%. The ordinance is constructed to allow some trading. It took 5 years to come up with the SDCP draft, and the County began implementing the plan in January 2002. It is working very well, and allows for case-by-case consideration. Pima County does not want it codified because that would mean that issues would go to the Board of Adjustment, and then possibly to court, and biology should not be decided in a court setting. Pima County is waiting to see what the cons are. The Board of Supervisors has been very loyal to the development of the SDCP, perhaps because the same Board members who enacted it are still in office. Currently, Pima County is adjusting the application of the SDCP through rezonings and General Plan amendments. Mr. Vella said that the Town of Oro Valley is headed toward implementation through code, but also to allow for some discussion, so it would be part policy with some flexibility. Ms. Ruther believes the Town's approach is doable. Mr. Adler referred to page 7, number 3, and said that the case-by-case method becomes subjective. Ms. Ruther said that it becomes a balancing act: biology vs. economic interests. Ms. Ruther also pointed out that the SDCP does not include the Native American Nations. Ms. Ruther said that Oro Valley's plan will be more specific and more defensible because the biology and field work is being done up front. She also said that this is cutting edge science in the country. 5. Future Agenda Items Mr. Vella said that the draft code would be presented next week. The PAC will spend the next six to twelve meetings (as long as it takes) on the draft. The draft will be sent to the PAC by mail or by email. 6. Meeting adjourned at 6 p.m. Prepared by: Arinda Asper Senior Office Specialist 3 ENVIRONMENTALLY SENSITIVE LANDS DRAFT ORDINANCE October 29, 2009 1029.9 1 .FNS...VF LANDS * ,,..77,7g,;"Z"' ,,,,,,,,,,,,,z, :',;,Iir''''''''''' ,,,,,m,J,!(,:.$71:;',:;!:,0-.'''''''''' ,•.,-,ti,-.1':..'::!..,:ii.b.,,,,,,- -r—mi7-27i7i,11 ,..., ..., 1.„..,. „1,,,,,,,,z4,::,,,,iii,,,,r3:77,,,,:i,:iiiii.,,,,1:1111. .,.'''" • '...,.::, ,.,,,.,..,r.,,,,,-777,1,:lii:.„':a---- ,'7.'.',7,',,,i,:','-::,4ii''''''' j.C.''Pgi.':',:5'''''',..,,, ,',•':''''' ,,I,,,, 77.:;;;L::,:,::::',::.-'''.'. , ,,,44,,,,, 14 ''''''''''* iv,..' ".4,,,,t.:-',:itk. 5:1:',' ..,,,,,it ,-; ' E .Z4V/!:4 ,144,::.,,-...,,_ . 7.411;; ,i'::14".,Y111:1'''.t.•:',l'a,.' ?,.).:'.ci,'-'4 '''''.'41irrt:e. .,j4. 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'1 '. '.111 ,•;,:412.t,;,:,i,;!!,. .1..:14441 5t,,....-. ,.., 4 -.;':-.4. ' ' ' ' VFI:147,' ,,, .,, ., :„2/I ,, ::: ,..Ili:.1..,.. :,.,65,4 :::;,,c,,,,,':,!It.,14,•-i,„07:::,:,,,:;:rk,,•:,,iy;,,Ii-,i,,,,,,:',:,::, ...;. ‘''Eftj,::,4i,,if 'i,', 1 . —,. ,,,, ,,,.. .. ,,,,,,. ' I -:;:: '''''''eal I '.'"': r,,. .: : .1-#.. \:: '• ,.,,,,„,4_, it Ilkilt ''''''It '42311 iN 1 l. ., 1, ..,..„- Ai ... • ''''.*—: '''' ; .:,oesi . i 4 .,,,,, ,.,, ,,,_, .:#.,.,.....,., , 4 , 7,14,: t ,, ,,, , N ; .;i2_1111 41-1 . :- 4iitn ', ';',. Itaigg (! E , it... k . :::Niall ILI , !I) ' AN 1 . . . DIN 9 OR 200 s 1 '...H: ::'..:',.::. IN„,: . DRAFT1 I be ill r 29, t pc ° .,.., i 10.29.9 ESLS Table of Contents I. Overview II. Purpose III. Regulations for Development under the Environmentally Sensitive Lands Conservation System A. Intent B. Applicability 1. General 2. ESL District and Maps 3. Exceptions 4. ESL Application Incentive without Rezoning 5. ESL Application Incentive for Rezoning C. Environmentally Sensitive Lands Conservation System 1. Conservation System 2. Conservation Categories A. Major Wildlife Linkage B. Critical Resource Areas C. Core Resource Areas D. Multiple Use Management Areas E. Cultural Resource F. Scenic Resources G. Hillside Areas 3. Open Space Requirements A. Natural Undistributed Open B. NUOS Reduction C. Density Incentive for Increase in NUOS D. Types of NUOS E. Distribution of NUOS D. Use and Development Standards 1. Use Restrictions 2. Intensity of Development 3. Design Tools and Incentives A. Density Transfer B. Amended Development Standards C. Cluster Design Option D. Design Standards and Guidelines E. E. Approvals Required F. Maintenance and Violations 10.29.9 2 c,r'MUM! TALI.Y IV. Regulations for Development on Environmentally Sensitive Lands with Zoning Prior to ESLS Adoption A. Purpose B. Applicability C. Riparian Habitat Overlay District D. Native Plant Preservation, Salvage and Mitigation E. Oracle Road Scenic Corridor Overlay District F. Tangerine Road Scenic Corridor Overlay District G. Cultural Resources Preservation H. Hillside Development Zone I. Other Existing Code Sections Potentially Included i . : : ''''''1,' i, z;. r 10.29.9 3 I. Environmentally Sensitive Lands (ESL) Overview The Environmentally Sensitive Lands (ESL) regulations are a biologically- based systems approach to the protection and conservation of critical resources. The Town of Oro Valley's General Plan establishes goals and policies for Sonoran Desert Protection, Natural Resource Conservation and Cultural and Visual Resource protection. These environmentally sensitive resources include wildlife habitat, riparian areas, interconnected open space, significant vegetation, rock and boulder outcrops, peaks, ridges, steep slopes, cultural resources and scenic corridors. This ESL System (ESLS) is designed to bring together existing Town codes and regional policies, providing a comprehensive structure for the Town's conservation categories. The Town has mapped environmentally sensitive resources, and established a conservation system based on scientific analysis, regionally adopted conservation policy and relative resource values. In order to accurately and consistently apply the ESLS, clear standards for defining, identifying and mapping these key resources in the Town are included in the ESLS. The protections for critical resources identified by the ESLS are based on five basic tenets of current conservation biology: • Perpetuating the comprehensive conservation of vulnerable species • Retaining those areas that contain large populations of vulnerable species • Providing for adjacency and proximity of habitat blocks • Preserving the contiguity of habitat at the landscape level; and • Retaining connectivity of reserves with functional corridors. The ESLS is designed to balance the public health, safety and welfare goals of the community with agreed-upon biological and cultural priorities to create a holistic system of protection and management for identified resources. Implementation of the ESL System carries broad local and regional significance with regard to community sustainability and the conservation of the sensitive resources that endow the Oro Valley area, giving it a distinct and valued character. ki= hr 10.29.9 4 cy YRONMENT,_LY II. Purpose The goal of ESLS is to identify and address the Town's natural and cultural resources in a comprehensive manner. The preservation, restoration, and maintenance of environmental resources require an integrated approach. The Town's open space, biologically significant areas, scenic and cultural resources must be defined, prioritized and addressed holistically, using clear, science-based criteria and innovative methods while respecting property rights. The Environmentally Sensitive Lands System (ESLS) is designed to achieve agreed-upon preservation and conservation goals, in conjunction with protecting the public health, safety and general welfare by: 1. Conserving the Sonoran Desert a. Provide a holistic and systematic approach to resource conservation based on the current science of conservation biology. b. Understand biological systems function with a comprehensive focus on interrelated resources and the need for landscape preservation connections to ensure the continued viability of animal and plant communities. c. Implement the vision of Pima County's Sonoran Desert Conservation Plan for conservation of biological corridors, critical habitat and riparian areas. d. Conserve Significant Resource Areas (SRAs) identified by the General Plan. e. Protect and manage environmentally sensitive open space areas. f. Protection for key and essential habitats. g. Ensure the long-term survival of the native plants and animals by maintaining ecosystem functions necessary for their survival. h. Preserve, salvage and replace native vegetation, to stabilize desert soils and providing food and protection for desert wildlife. i. Encouraging the preservation of wildlife habitat and wildlife friendly design through improved site design. j. Preserving the Sonoran Desert landscape, including riparian areas and rock outcroppings. 2. Preserving Land Values a. Preserve the Sonoran Desert landscape and scenic views that are so critical to attracting residents and visitors. b. Encourage riparian habitat conservation and in-place preservation of native vegetation, an integral part of the Sonoran Desert that enhances property values, quality of life and community lifestyles. 3. Conserving Cultural Resources a. Provide for preservation of unique archaeological and cultural resources that integrate with the conservation of other significant resources. ii,.r ,,„,„ „„,, , ., 10.29.9 5 s_ ,., b. Consider the potential effect of development on historical and prehistoric resources. c. Preserve exceptional resources in place, if possible, and develop mitigation strategies when needed that preserve.the Town's rich cultural heritage. 4. Conserving Visual Resources a. Identify and protecting scenic corridors within the Town. b. Protect visually important areas including peaks, ridges and highly visible slopes. c. Protect dark skies and night sky visibility. d. Conserve public park viewsheds. 5. Guiding and Enhancing Urban Design a. Ensure interconnected open spaces. b. Provide direction for site and building design to protect sensitive resources. c. Use context sensitive design. 6. Promoting Living Quality a. Protect the visual resources identified by the General Plan. b. Conserve natural open space areas that provide direct and important physical and psychological benefits to human beings to reduce glare and to break up the monotony and soften the harsher aspects of urban development, while addressing community-wide natural resource conservation goals. 7. Protecting lives and property Protect human life and property from recognized hazards including steep and unstable slopes and soils, flood and erosion hazards. 8. Supporting Sustainable Growth a. Effectively apply comprehensive and systematic management and conservation of sensitive resources. Application of ESL principles of interconnected open space and resource protection and conservation provide the best opportunity for holistically sustaining the resources that create the quality of life and economic opportunities attributable to the Town of Oro Valley. Applying the ESL Conservation System to properties that are being rezoned and to properties desiring to develop under existing zoning regulations serves to implement agreed-upon community conservation goals. b. Provide incentives to encourage property owners to utilize the ESL Conservation System when determining preferred uses and specific development designs for private property where environmentally sensitive resources exist, thereby furthering conservation efforts. c. Recognize and respect existing zoning standards and promote compatible development utilizing best environmental management practices. 10.29.9 6 _rJ,fFu rawevr,aY III. Regulations for Development Under the Environmentally Sensitive Lands Conservation System A. Intent 1. The Environmentally Sensitive Lands Conservation System encourages sustainable development practices that harmonize human habitation with the protection of valued natural resources. The ESLS implements adopted land use and conservation plans including the Town's General Plan and Sonoran Desert Conservation Plan. 2. This Section of the ESLS outlines the comprehensive and holistic system of standards and procedures for the protection and conservation of environmentally sensitive resources in Oro Valley. It is distinct from Section IV, Regulations for Development on Environmentally Sensitive Lands with Zoning Prior to ESLS Adoption which contains the standards and requirements in effect for environmentally sensitive lands prior to the adoption of the ESLS. 3. While development may proceed in accordance with Section IV under pre-existing standards, Section III provides updated and comprehensive standards and procedures in contrast with the more piecemeal approach in Section IV. 4. For development proposed under rezoning, PAD's, PAD or General Plan amendments approved after the adoption of ESLS, applications shall follow the requirements and procedures of Section III. B. Applicability The provisions of ESLS contain in this Section III apply to rezoning and Planned Area Development(PAD) applications, General Plan amendments, and Planned Area Development(PAD) amendments. 1. The ESL District established in Section 111.6.2, below, shall apply to any property that has received a zoning change or planned area development approval or amendment since (the effective date of this ordinance). Exemptions are listed in Section III.B.3, below. All development activity on applicable properties shall comply with the provisions of the ESLS as contained herein. r?'* ''', 10.29.9 7 �,tY"�;' 2. Environmentally Sensitive Lands (ESL) District and Maps A. District Established An Environmentally Sensitive Lands (ESL) zoning district is hereby established, as adopted by the Town Council in accordance with the General Plan, where specified environmental conditions exist. Property shall be identified with the suffix 'E' to indicate ESLS standards apply on the official town zoning map. Development within the ESL District shall be regulated by the provisions of this Section and the requirements of the Oro Valley Zoning Code Revised, including base zoning districts and PAD's, except that in the event of a conflict, the more restrictive shall apply. B. Adopted ESL Maps 1. Concurrent with the adoption of the Environmentally Sensitive Lands (ESL) District, a set of maps entitled `Environmentally Sensitive Lands Maps' are also adopted. The ESL Maps, which are available in the Oro Valley Planning and Zoning Department, identify the location of environmentally sensitive lands and conservation categories within the Town of Oro Valley that meet the definitions and standards specified herein. Environmentally sensitive lands identified must be protected and managed in accordance with the requirements contained in this Section III, Regulations for Development Under the Environmentally Sensitive Lands Conservation System, the General Plan and other plans and policy documents adopted by the Town of Oro Valley. C. Unmapped Resources 1. The adopted ESL maps identify the location of known environmentally sensitive resources within the Town. The adopted maps may not include all environmentally sensitive resources on a given site at a given point in time. The ESL District also applies to environmentally sensitive lands, as defined herein, which have not been mapped. 2. Property owners are responsible for ensuring all defined resources are identified and mapped in accordance the standards contained herein prior to any ground disturbing activities such as clearing, grubbing, grading or construction. 3. The Planning and Zoning Department shall regularly update the ESL maps, in accordance with Section III.B.2.D, to add newly identified resources. [7:1 10.29.9 8 ,If Inc ;N D. ESL Map Amendments 1. Over time, as indicated by scientific analysis, the location and quality of environmentally sensitive resources changes. If it is believed conditions have changed, or resources have been mapped incorrectly, a request for ESL map amendment may be filed by the property owner with the Town. 2. Mapping of resources shall be performed by a trained, professional biologist or botanist and shall be completed in accordance with the standards and definitions contained in Section III.0 and in the Planning and Zoning Department's "Guide to Identifying Environmentally Sensitive Lands." The biologist or botanist shall certify in writing that the identification of resources was completed in accordance with this Section. 3. The maps may be amended from time to time through a rezoning process (Section )with approval by the Town Council. 4. Approved rezonings, PAD's, and PAD amendments that include updated environmentally sensitive lands mapping shall become part of the adopted ESL maps via an ESL map amendment initiated in conjunction with the rezoning, PAD, or PAD amendment application. 3. Exceptions A. This Section does not apply to any development, residential or commercial, approved prior to the date of adoption of the ESLS. Applications for grading, building, use, other permits for properties with zoning established prior to (effective date of this ordinance), may utilize the standards contained in Section IV, Regulations for Development on Environmentally Sensitive Lands with Zoning Prior to ESLS Adoption. B. This Section does not apply to PAD's and PAD amendments approved by the Town Council prior to (the effective date of this ordinance). C. Other Exceptions (reserved) F, „ r r S`h4 4 'd i i 10.29.9 9 ,N-. ,;., iA.,, 4. ESL Application Incentive without Rezoning A. Property development in accordance with the standards of Section III.0 is encouraged in order to implement the Town's adopted General Plan and associated resource conservation policies. The development standards in any zoning district may be modified, as outlined in Section III.D, if the property owner agrees to develop in accordance with Section III.C, where compliance would not otherwise be required. B. Modifications to development standards including setback, minimum lot size, and off-street parking may be approved. Modifications to development standards not listed above may be requested, and may be granted by the Town Council, if said modifications promote the preservation of sensitive resources and do not violate statutes, development agreements, appeal processes, or other provisions of this code. C. Such modifications to development standards may be granted in conjunction with a conditional use permit, upon recommendation by the Planning and Zoning Commission and approval by Town Council or, if associated with a plat or plan, Town Council approval may be given upon recommendation by the Development Review Board. 5. ESL Application Incentive for Rezoning A. Property development in accordance with the standards of Section III.0 is encouraged in order to implement the Town's adopted General Plan and associated resource conservation policies. B. Property owners with zoning existing prior to (effective date of this ordinance) may elect to have their property included in the ESL District. This option to apply the ESL District is approved through a rezoning process in accordance with Section C. A density incentive increase of 20 percent of the density otherwise permitted under existing zoning (add table) may be granted to applicants whose property is rezoned to the ESL District while retaining the existing base zoning. In order to be eligible for the density increase, the rezoning shall not include a change in zoning to a more intense zoning district. D. The property can be developed employing the additional density in accordance with the requirements and standards of the ESLS, relevant zoning districts and the OVZCR. ,44 10.29.9 10 hl l, r; "h:hitALY C. Environmentally Sensitive Lands Conservation System 1. Conservation System Environmentally sensitive lands in Oro Valley are grouped into seven conservation categories. The richest biological resource areas are granted the greatest level of protection under the ESLS and are the focus of four categories: • Major Wildlife Linkage, • Critical Resource, • Core Resource and, • Multiple Use Management areas. Additional environmentally sensitive resource categories that are non-biologically based include: • Hillside Areas, • Cultural Resources and, • Scenic Resources. A. Each category is comprised of one or more types of environmentally sensitive resources, summarized in Table III- 1, that have been defined and mapped in accordance with the standards contained herein. Resource types have specific science-based or public health and safety sensitivities that guide their allocation into one of the seven conservation categories. B. This section contains the definitions and standards for each of the resource types regulated by the ESL ordinance. The standards are organized by Conservation System Category: • Major Wildlife Linkage, • Critical Resource Area, • Core Resource Area, • Multiple Use Management Area, • Cultural Resources, • Scenic Resources, and • Hillside Areas C. To implement protection for ecosystems and physical features that constitute the environmentally sensitive lands of Oro Valley, the conservation categories are established utilizing best available, science-based analysis with participation and oversight from the ESL Technical Advisory Committee. The analysis uses current biological conservation practices and 10.29.9 11 Table III-1 Categories and Conservation Thresholds for Sensitive Lands ESL Maior Critical Core Multiple Use Cultural Visual Hillside Conservation Wildlife Resourc Resource Management Resourc Resourc Areas Category Linkage e Area A_ A_ es es Conservation 100% 95% 80% 66% Resource Resource Resource Threshold Dependent Dependent Dependent ESL Resource Type 1.0 Wildlife Unique Critical Habitat for PV Habitat Habitat (T&E) Species Resource Habitat PC Multiple s Areas Use Mngmt. PC Bio Areas Core Mngmnt. Areas 2.0 Wildlife Identified Other Linkages large identified mammal minor corridors links 3.0 Riparian All Areas Riparian Areas 4.0 Significant Unique Vegetation Stands Unique Individuals 5.0 Rock Rock Outcrops Outcrops Boulder piles 6.0 Topo& Peaks & Significan Peaks and Ridges t Slopes Ridges (>25%) Moderate Slopes (15-24%) 7.0 Visual Scenic Resources Corridors Park Viewshed s 8.0 Cultural All cultural Resources resources .40 ;:NV+RrvMLLYE,A 10.29.912 regionally accepted biological thresholds to support the establishment of four broad categories of environmental sensitivity based on biological resources that reflect relative values of biodiversity for various lands across Oro Valley. D. In addition to biologically critical resources, the Environmentally Sensitive Lands Ordinance provides for the protection of hillside areas and cultural and scenic resources as specified by the Town's General Plan. E. The locations of known resources described in this Section are indicated on the adopted ESL maps as described in Section III.B. 2. Conservation Categories The following section describes each of the seven ESL Conservation System categories, their component resources and the standards for their current and future identification and inclusion in the ESLS. A. Major Wildlife Linkage Category 1. Major Wildlife Linkages provide essential connectivity that maintains the viability of the areas' wildlife habitat. Major wildlife linkages provide for dispersal, migration, and genetic transfer for wildlife and plants. In the Oro Valley area, landscape connections between major land preserves in the Tortolita and Santa Catalina Mountains are critical to viability of the ecosystem. In order to maximize wildlife movement within identified corridors, they must be maintained as undisturbed natural open space. Human activity within corridors has a negative impact on wildlife movement within the Oro Valley region. 2. The sole resource type included in the Major Wildlife Linkages category is identified major wildlife corridors. `Major Wildlife Linkages' include identified large-mammal corridors or landscape linkages between public preserves and open spaces. These areas have been identified as Critical Landscape Connections by Pima County's Conservation Lands System and further refined in the Oro Valley area by a wildlife movement study completed by Northern Arizona University. 3. Conservation standard: Major Wildlife Linkage areas shall be maintained as 100 percent natural undisturbed open space. Human access shall generally not be permitted unless supported by science-based evidence q"E yi ;.;E1 10.29.9 13 ,., `t-rrR,)Y that such disturbance will not degrade the intended function of the linkage. 4. Major Wildlife linkages are identified on the Environmentally Sensitive Lands maps. 5. All wildlife linkages are represented within a tiered system: a. AZ Wildlife Linkages Assessment (Santa Catalina- Tortolita Mountains Linkage) as the primary backbone or corridor, identified herein as Major Wildlife Linkage. b. Riparian Areas and minor linkages as connections across natural open space, developed and undeveloped lands in the Town and adjacent unincorporated areas. Riparian Areas and Minor Wildlife Linkages are included in the Critical Resource Area category. c. Upland linkages between wildlife habitat and Riparian Areas or natural open spaces. d. Identified regional roadway crossings including Oracle Road (State Route 77) in and adjacent to the Town of Oro Valley. B. Critical Resource Area Category 1. Critical Resource areas are characterized by a range of riparian areas including hydro-riparian, meso-riparian and xero-riparian plant communities. Riparian areas are an essential element of the Town's environmentally sensitive lands. They constitute the framework for the linkages and landscape connections necessary to support a viable ecosystem and wildlife habitat. Riparian areas are supported by ephemeral, intermittent, and perennial watercourses. 2. The Critical Resource Area category includes the following defined and mapped environmentally sensitive resources: a. All Riparian Areas and Minor Wildlife Linkages b. Rock outcrops and boulders c. Unique Habitat Resource d. Significant Peaks and Ridges In addition to Riparian areas, rock outcrops and boulder piles, minor wildlife linkages, unique habitat resources and significant peaks and ridges are classified as Critical Resource Areas. ii1 10.29.9 14 r:gU?RONMfhTALLY 3. Conservation standard: Ninety five (95) percent of the total acreage of lands within Critical Resource Areas shall be preserved in a natural and undisturbed condition. Degraded or disturbed Riparian Areas shall be restored and enhanced to support their biological, hydrologic and geomorphological functions. Restored or enhanced areas may contribute to achieving the 95 percent conservation requirement. Open space shall be configured in accordance with Section III.D. 4. Riparian Areas and Minor Wildlife Linkages a. Riparian Areas and Minor linkages have been identified on the Environmentally Sensitive Lands maps. b. Identification of riparian areas is based on species composition, general density/size, vegetation volume, wildlife habitat, nutrient cycling, erosion control, water quality, and flood moderation. c. Vegetation volume will be determined using the most currently accepted Pima County protocol. d. The following methodology shall be utilized in mapping riparian area boundaries within the Town of Oro Valley: (1) If Hydroriparian, Mesoriparian, or Xeroriparian (> 0.500 m3/m2): A contiguous line along the canopy margins of the predominant overstory vegetation species parallel to a riparian area, where the lateral distance between canopy margins of individuals of the predominant plant species is less than two times the height of the tallest individuals. Where the distance between canopy margins parallel to the channel are greater than two times the height of the tallest individuals, the boundary will be the top of bank of the channel. Where no top of bank is apparent, the 10-year flow event shall be used. (2) Boundary between Meso and Xeroriparian habitat types - any gap between Mesoriparian indicator species of 1,000 ft or greater will indicate a transition to xeroriparian. Mesoriparian boundary will be at indicator species' canopy. i v; m 10.29.9 15 ,�,Rc N,',1rr,i i, (3) In braided riparian systems where 'islands' may occur, these shall be included as part of the riparian area. Islands more than 200 feet wide or whose surface elevation is significantly higher than surrounding channels will not be included. (4) Because of natural variability, not all areas within mapped riparian areas will support the overall representative vegetation volume. Additionally, mapped riparian areas may include areas without representative vegetation volume, but do contribute to regional riparian system functions (e.g. drainage connectivity, sediment and nutrient transport, channel meander, etc.). (5) Riparian areas disconnected hydrologically from downstream riparian areas by human disturbance or impacts will not be included. (6) If Xeroriparian (< 0.500 m3/m2)with storm flow of 50 cfs or greater, the boundary will be the top of bank or the 10 year flow event where there is no discernable top of bank. (7) The criteria for determining upstream starting point of Riparian Areas (headwaters) shall be where storm flow is 50 cfs or greater for a 100- year event. e. Minor Wildlife Linkages are composed of degraded or gap areas in the riparian system. Degraded areas include hardened drainageways and constricting drainage structures. These minor links are important in maintaining connectivity within the tiered system identified in Section III.C.2.A.5. f. Minor linkages are incorporated into the Riparian Area resources on the Environmentally Sensitive Lands maps. 5. Rock Outcrops and Boulders a. Rock outcrops and boulders include exposed bedrock formations and boulder piles and scatters that provide habitat and are considered a significant scenic resource. Rock outcrops and boulders afford thermal regulation for wildlife, particularly reptiles. 10.29.9 16 vY!NOMAL,ALLY b. Known rock outcrops and boulders have been identified on the Environmentally Sensitive Lands maps. c. Specifications for rock outcrops and boulders are: (1) Rock or boulder pile measuring at least 100 sq. ft. in area and a minimum 3 ft. above the surrounding ground level. (2) Clusters or groupings of boulder piles and outcrops. 6. Unique Habitat Resources a. Unique Habitat Resources include caves and groundwater seeps that exist in the Oro Valley area. These features are unique habitat elements that rarely occur in the Oro Valley landscape. b. Caves, crevices, or mine shafts with a minimum cavity area of 220 cubic feet(approximately 6' x 6' x6') and groundwater seeps, whether intermittent or perennial, are defined as Unique Habitat Resources. 7. Significant Peaks and Ridges a. Significant Peaks and Ridges are an important scenic resource in the Town and due to very steep and unstable slope conditions, pose significant safety hazards and constraints to development. b. Established Significant Peaks and Ridges are included on the Environmentally Sensitive Lands maps. Additional peaks and ridges can be designated in accordance with the process outlined in Appendix B. c. The skyline as viewed from public highways and roadways is the visual line at which the earth and sky appear to meet. The skyline is typically viewed as the top of ridge, hillside or mountain. The ESLS seeks to guide development in these sensitive scenic areas to ensure designs that preserve valued scenic views. (1) Development Restrictions in and near Protected Areas. i. All development is prohibited within the protected area of a peak or ridge except with a conditional use permit. ,• ir 65. 1 10.29.9 17 Nv+ tan4.fia, r ii. All development is prohibited within 150 feet from a protected area. (2) Color Requirements in and near Protected Areas. i. Section III.D.4 contains design guidelines and standards for all exposed exterior walls and roofs of buildings (unless a roof is screened by a parapet wall extending at least three feet above the building), retaining walls, accessory structures, roads and utility structures located within the protected area of a peak or ridge or within a horizontal radius (map distance) of 350 feet from the protected area of a peak or ridge. C. Core Resource Area Category 1. Core Resource Areas support biological diversity by providing high value and critical habitat for more than three priority vulnerable species in addition to retaining those areas that contain populations of focal vulnerable species while perpetuating the conservation of those species. Habitat for threatened and endangered species, if designated, is to be included in the Core Resource category. Core Resource areas include all areas designated Biological Core Management area by the Pima County Conservation Lands System. Additionally, Core Resource Areas may contain significant stands of vegetation that support biological diversity and are integral to the Town's unique character. 2. Core Resource Areas include the following defined, mapped and un-mapped resources: a. Pima County CLS Biological Core Management areas b. Special Status Species Habitat c. Unique stands of vegetation d. Unique individual native plants 3. Conservation Standard: At least 80 percent of the total acreage of lands within this designation shall be protected as undisturbed natural open space. Development shall be configured in the least sensitive portion(s) of the property. Areas of undisturbed natural open space will be configured in accordance with Section I I I.D, Open Space, to include on-site conservation of environmentally sensitive resources and to preserve the movement of native fauna and I i t VY.iiN^rcNTRLLY 10.29.9 18 , ;:, pollination of native flora across and through the landscape. Land uses must preserve the movement of native fauna and pollination of native flora across the landscape. 4. Use of ESL Design Options, Section III.D.3, are encouraged to support conservation and ensure reasonable and economically viable use of property. 5. Special Status Species Habitats a. Special Status Species Habitats are identified on the Environmentally Sensitive Lands maps. b. Special Status Species Habitats include both priority vulnerable species and focal vulnerable species as designated by Pima County. Habitat for threatened and endangered species, if designated, is intended to be classified and managed in accordance with conservation requirements of the Biological Core Area category. Special Status Species Habitat and lands occupied by special- status species are targeted for conservation. Habitat conservation is the central goal of the Sonoran Desert Conservation Plan (SDCP) and the Town of Oro Valley has partnered with Pima County in implementing the conservation policies of the SDCP. c. Special Status Species Habitat is comprised of the following: (1) Breeding, foraging, cover, and dispersal habitat for common and special-status species. (2) Wildlife habitat will include all areas identified as Significant Vegetation, Rock Outcrops and Boulders, Riparian Areas, Unique Habitat Resources or Major and Minor Wildlife Linkages. d. Special Status Species Habitat areas will also include: (1) Pima County Conservation Land System Biological Core, Multiple Use Management Areas, and Important Riparian Areas. (2) Nature Conservancy Conservation Target#18 (Tortolita Mountains). (3) Priority Conservation Areas (PCA's) for Priority Vulnerable Species. (4) Designated Critical Habitat for ESA Threatened and Endangered species. rP t `P. 10.29.9 19 (5) SDCP Priority Vulnerable Species. (AZ WFSC, and ESA T&E). 6. Significant and Unique Vegetation a. Known occurrences of Significant and Unique Vegetation are identified on the Environmentally Sensitive Lands maps. b. Significant and Unique Vegetation is characterized as unique plant occurrences and/or unique individual specimens that demonstrate, through the presence of specified criteria special value to the Sonoran Desert ecosystem. c. Significant and Unique Vegetation contains the following characteristics and/or meets the following criteria: (1) Plant species that are native to the area. (2) Plants are generally healthy and will survive for five (5) or more years. (3) Noxious/Invasive species are few and not visually prominent, such as desert broom, tamarisk, Mexican palo verde, and tree of heaven. (4) Grading or clearing has not substantially altered the landscape in the area. (5) Constructed non-native landscapes do not qualify as significant vegetation. d. Unique Plant Occurrences are areas of vegetation that exist in contrast to the majority of the surrounding vegetative community due to either microclimates or availability of water sources. Examples are stands of ironwood trees or riparian areas. e. A Unique Plant refers to any native tree, shrub, or cacti with extraordinary characteristics such as, but not limited to age, size, shape, form, canopy cover, or aesthetic value. Unique native plant specimens have both societal value as a scenic resource and wildlife habitat value. Examples are crested saguaros, a rare, massive ancient tree, or tree with unusual shape. f. Identification of significant and unique vegetation shall be in accordance with the standards and procedures listed in this Section. ±E1 1 10.29.9 20 ri,E,nr:,NTALLY g. Specific standards for significant and unique vegetation stands include: (1) Significant saguaro cacti stands include saguaro occurring at a density of 50 or more per acre over a minimum one-half acre area. (2) Significant ironwood tree stands include 30 percent or more average cover within a 1 acre area. (3) Significant palo verde tree stands include 50 percent or more average cover within a 1 acre area. (4) Significant mesquite tree stands include 50 percent or more average cover within a 1 acre area. (5) Significant Ocotillo Stands include areas of 50 ocotillo of any size within a 1 acre area. These stands are an important nectar source for hummingbirds. h. Significant Saguaro Stands, a keystone species in the Sonoran Desert, are an important forage plant for bats and provide nesting structure for cavity- nesting birds and raptors. i. Standards and definitions for Unique Plants include: (1) Saguaro cacti over 15 ft. tall with 2 or more arms. (2) Crested saguaro cacti of any size. (3) Native tree with 12 in basal caliper and over 12 ft. tall. (4) Native 'nurse' tree with 3 or more saguaro cacti under or within its canopy. (5) Plant listed as Threatened or Endangered under the Endangered Species Act or Highly Safeguarded by ADA. j. (Insert Salvage and Mitigation requirements) D. Multiple Use Management Area Category 1. Multiple Use Management areas identify lands that meet the tenets supporting biological protection of the ESL, but which are not as biologically rich as those lands designated as Core Resource and Critical Resource Areas. These areas are distinguished from other lands in the ESL by their potential to support three or more priority vulnerable species. This designation includes those areas of the Town identified as Multiple Use Management Areas by the Pima County Conservation Lands System. r, i-i,,, 1. 10.29.9 21 i,r;1i(,NME.VrAJL,Y 2. The Multiple Use Management Area category is comprised of the Pima County CLS Multiple Use Management areas updated to exclude urbanized areas. 3. Conservation Standard: A minimum of 66 2/3 percent of the total acreage of lands within this designation shall be conserved as natural undisturbed open space in accordance with Section III.D. Development shall be configured in the least sensitive portion(s) of the property. Area(s) of undisturbed natural open space will include on- site conservation of environmentally sensitive resources and facilitate the movement of native fauna and pollination of native flora across the landscape. 4. Identification of Multiple Use Management areas is dependent on Pima County CLS mapping, however, such Multiple Use Management areas have been refined by the Town of Oro Valley to exclude urbanized areas of the Town that are developed at a density of 2.5 dwellings per acre or greater. E. Cultural Resources 1. The Cultural Resources category includes all types of cultural resources including archaeological, paleontological and historic features in the Town. Cultural resources are purposefully not mapped by the ESLS in order to provide the greatest degree of protection for these delicate sites. Other mapping and information on historic and cultural resources accessible to the public is available from the Town. 2. Inclusion of cultural resources in the ESLS provides for their evaluation and dispensation in the context of other environmentally sensitive features. 3. Conservation Standard: General Plan guidance and TOV Code Section 27.2 contain site analysis requirements for records check, field surveys and mapping of resources, and mitigation plans. The Town utilizes the National Register of Historic Places definitions and criteria supplemented to address specific local conditions. (Note: The Oro Valley Historic Preservation Commission will lead the review and acceptance of definitions, criteria and conservation targets for cultural resources. Information from the SDCP will be incorporated in the cultural resources protection approach.) I 10.29.9 22 ,NV,NC,NML,PLLY F. Scenic Resources Category 1. Scenic Resources are vitally important to the Town's quality of life underscoring the importance of protected open space and the distinctive physiographic features that make Oro Valley a unique place to visit, live, work and recreate. The jagged mountains of Pusch Ridge and broad vistas to the Catalina, Tortolita and Tucson Mountain ranges are essential components of the physical environment and character for which Oro Valley is known. These scenic resources are important to the Town because they serve as cornerstones to the local economy by attracting tourists, residents and other visitors. 2. The Scenic Resources category is intended to preserve and maintain the Town's most frequently viewed scenic resources. Providing regulatory guidance for the location, design, and landscaping of development ensures development preserves, maintains and/or complements the Town's important scenic resources. 3. The Scenic Resources category includes the following defined and mapped visually sensitive resources: a. Oracle Road Scenic Corridor, b. Community Scenic Corridors, c. Public park viewsheds. 4. Conservation standard: The substantial preservation and maintenance of existing scenic resources is achieved through the treatment of the foreground areas immediately adjacent to public roadways and may extend back to where there is a distinct topographic change or where vegetation or other features screen more distant views. a. Regulations that guide the location, height, design and landscaping of development in the foreground areas to maintain view corridors and vistas are essential and are contained in Section III.C.2.F.10, . Scenic Corridor Development Standards. b. Proposed development may not penetrate the skyline as defined herein, unless mitigation is approved in accordance with Section III.C.2.F.11, Mitigation of Necessary Skyline Penetration. 5. Scenic Resource protection is applied at three distinct levels: the Oracle Road Scenic Corridor, Community Scenic Corridors and Public Park Viewsheds. Oracle Road represents the most intensively traveled route in the community and is afforded the greatest level of view �. e `Ilf(lti:?1i.'V SAI.Ll 10.29.9 23 � ,aivF protection consistent with current land use regulations for the Corridor. Community Scenic Corridors include Tangerine Road and most arterial roadways as identified by the Town's General Plan. Viewsheds adjacent to public parks are provided general design guidance. 6. Oracle Road Scenic Corridor a. The Oracle Road Scenic Corridor(ORSC) is identified on the Environmentally Sensitive Lands maps. b. All properties adjacent to the Oracle Road right-of- way occur within the foreground view area for scenic views to Pusch Ridge, the Catalina, Tortolita and Tucson Mountains and are included in the corridor. c. All development within the ORSC shall comply with standards in this Section III.C.2.F.9 Visual Analysis, and Section III.C.2.F.10, Scenic Corridor Development Standards. 7. Community Scenic Corridors a. Community Scenic Corridors are identified on the Environmentally Sensitive Lands maps. b. Areas within 1,320 feet of the center line of a Community Scenic Corridor roadway are included. These areas form the foreground view areas for scenic views to Pusch Ridge, the Catalina, Tortolita and Tucson Mountains. c. All development within these areas shall comply with the standards in Section III.H.8.1, Visual Analysis, and Section H.8.J, Scenic Corridor Development Standards. 8. Public Parks (reserved) 9. Visual Analysis a. If lands proposed for development or redevelopment are in the ORSC, the development application shall contain a visual analysis narrative of the proposed development, provide photographic simulation or other comparable visual analysis of the proposed development, depict the boundaries of the ORSC, compare the impacts of alternative designs, if any, and include plans identifying how the proposed development complies with the standards of the Section. b. The visual analysis shall demonstrate and document for review the visual impact of the 4 11Ly,ir rte.' 10.29.9 24 >,L rt,Nr I"PALLY proposed development on surrounding scenic resources including Pusch Ridge, Catalina, Tortolita and Tucson Mountain ranges. The analysis shall show, in accurate perspective format, what portions of the proposed development are visible from various points along the scenic corridor roadway. Multiple perspectives may be required along scenic corridors to accurately reflect the appearance of the development as the viewpoint is moved along the corridor. c. The analysis shall demonstrate, in accurate perspective format, the measures proposed to blend the development into the context of the setting. The setting shall include the view frame of the picture when viewing the development from a particular viewpoint along the corridor and will typically include the backdrop of natural topography, existing vegetation as well as surrounding vegetation and structures. Development features to be shown as compatible with the setting include: bulk and scale of buildings, building and roof forms, texture of materials used on buildings, colors, and proposed plantings or other screening. 10.Scenic Corridor Development Standards a. General Location of Structures. Development in the foreground along Oracle Road shall be sited in one or a combination of the following locations: (1) at the rear edge of the site; (2) at the side edges of the site; (3) behind an existing stand of vegetation; (4) behind or built into a change in natural topography; (5) clustered in the form of a compound, or adjacent to or integrated into an existing cluster of structures. Standards for each of these locations are as follows. b. Development located at rear edge of the site. When located at the rear of the site, the development shall comply with the following standards. (1) Distance. It shall be located at the greatest possible distance from the major public road and, where applicable, it shall be located adjacent to existing development. (2) Edge of the site. It shall be located along the rear edge of the site, where the site meets the toe of the hillside, or on a relatively less steep, lower hillside area. 1 w„ 10.29.9 25 (3) Separate developed areas. It shall be located so as to separate areas which are developed from natural areas and to preserve open space in the largest continuous pieces possible. (4) Supplementary vegetation. Where the proposed development is located within 1,320 feet of a scenic corridor, native species shall be planted to mimic the existing species composition and pattern of growth. To accomplish these goals the Planning and Zoning Director will be at liberty to vary the requirements of Section 24.7, (Landscape Code: re: plantings). As with all proposed planting in Oro Valley, applicants are strongly advised to use native plant materials in accordance with the Approved Plant List. c. Development at the side edges of the site. When development is located at the side edges of the site, the development shall comply with the following standards. (1) Separate developed areas. It shall be located so as to separate areas which are developed from natural areas and to preserve open space in the largest continuous pieces possible. (2) Supplementary vegetation. Where the proposed development is located within 1,320 feet of a scenic corridor, native species shall be planted to mimic either the existing species composition and pattern of growth. To accomplish these goals the Planning and Zoning Director will be at liberty to vary the requirements of Section 24.7 (Landscape Code). As with all proposed planting in Oro Valley, applicants are strongly advised to use native plant materials in accordance with the Approved Plant List. d. Development located behind existing stand of vegetation. When located behind an existing stand of vegetation, including vegetation which has grown naturally on the site and vegetation in the right of way, the development shall comply with the following standards. (1) Scale of development. The scale of the development shall not interrupt or obscure the existing occurring stand of vegetation behind which it is located. (2) Supplementary vegetation. Where natural vegetation does not adequately screen the 10.29.9 26r�Jli1;t?NME',VTkLLY r:., ,v development as determined by the visual • analysis, native species shall be planted to augment the existing vegetation and maintain the visual integrity of the viewshed. (3) Preservation of existing vegetation. Existing vegetation shall be preserved to the maximum extent practical. e. Development behind or built into natural topographic break. When located behind a natural topographic break or built into the natural topography, development shall comply with the following standards. (1) Scale. Scale and height shall be subordinate to the natural change in topography. (2) Earth moving. Earth moving may be used to the minimum extent necessary to extend a naturally occurring topographic change and screen the development, but not to create a new, man-made landform. f. Clustered in the form of a compound. When development is clustered in the form of a compound (group of related structures) or adjacent to or integrated into an existing compound, it shall comply with the following standards. (1) Not preclude view of scenic resources. The development shall not entirely preclude views from the public road to the rear portions of the site. (2) Clustered design. The development shall consist of a cluster design. (3) Vegetation. Native species shall be planted to mimic either the existing species composition and pattern of growth. To accomplish these goals the Planning and Zoning Director will be at liberty to vary the requirements of Section 24.7 (Landscape Code). As with all proposed planting in Oro Valley, applicants are strongly advised to use native plant materials in accordance with the Approved Plant List. (Note: The following items are incomplete will be included here or inserted in the Design guidelines and standards section) g. Exterior of Structures h. Roof Materials i. Earth Moving and Berms j. Roads and Driveways 10.29.9 27 31 11.Mitigation of Skyline Penetration. In the case of an existing lot or parcel where, if no other siting alternative is available that complies with the standards of these Regulations, development may penetrate the Skyline by complying with the following standards. a. Pursue variation of regulations first. Attempts shall first be made to obtain variance of other regulations, such as setbacks, that would enable the proposed structures to comply with the provisions of Section III.C.2.F.10, Scenic Corridor Development Standards. b. Height. The height of development shall not exceed twenty (20)feet above original grade. c. Mass. The mass of the development shall be designed so as to be broken into distinct, smaller forms, which may involve repeating similar forms at a more modest scale, breaking facades and roof lines into smaller segments, or stepping the building mass into the hillside. To the maximum extent practical, buildings shall be placed down the hill or cut into the slope to minimize the skyline penetration. d. Form. The form of the development, particularly its roof form, shall re-create the natural form of the hillside or skyline. If the natural form of a hillside Skyline is rounded or jagged, the building shall use a hipped or similar roof form. e. Exterior of structure. The exterior of all development shall be built or painted with earth tone materials or colors. f. Roof materials. The color of all roofs shall be the color of surrounding vegetation or land features. Reflective roof materials shall not be used, unless the materials are treated to eliminate reflection. g. Earth moving. Development shall minimize the need for earth moving or disturbance to the maximum extent practicable. Earth moving on a slope to create a flat platform on which development is placed shall be prohibited. Areas disturbed for earth moving shall be revegetated using native species that are already growing on or near the site. Top soil shall be stock piled and placed on disturbed areas. Provision shall be made for irrigation, if it is necessary to ensure survival of the indigenous species planted. h. Landscape screening. Development shall be located so as to preserve, to the maximum extent 10.29.9 28 practicable, existing vegetation which may help to screen its appearance. Native species shall be planted to supplement existing vegetation. Native species shall be selected from the Oro Valley approve plant list, a copy of which is available at the Oro Valley Planning and Zoning Department. Native vegetation shall be planted so as to screen at least fifty (50) percent of the development within three (3) years of its occupancy, as measured during the growing season. G. Hillside Areas Category 1. Hillside Areas in Oro Valley are characterized by foothill topography and steeper mountainous terrain associated with the Catalina and Tortolita Mountain ranges. The distinct hillside topography is important to the visual and scenic character of the Town. 2. The Hillside Area category includes slopes, hillsides and mountainous areas that have a minimum of 15% slope or greater. Hillside Areas consist of two types: a. Fifteen (15) to Twenty-four and nine tenths (24.9) percent slopes b. Twenty-five (25) percent and greater slopes. 3. These areas have been defined and mapped on the Environmentally Sensitive Lands maps. 4. Conservation Standard: Detailed regulations listed below establish maximum disturbance standards and compatible development intensities and densities that are consistent with pubic safety goals while maintaining visual quality and protecting property values. Where slopes are 15% or greater, maximum residential densities shall not exceed one dwelling per acre. 5. 25% and Greater Slopes (Reserved for updated HDZ standards) 6. 15 to 24.9% Slopes (Reserved for updated HDZ standards) 10.29.9 29 3. Open Space Requirements In order to preserve sensitive environmental conditions, retain and protect meaningful desert open space, maintain scenic resources, and mitigate hazards and promote the health, safety and welfare of the public, a percentage of the acreage containing environmentally sensitive resources shall be set aside as natural undisturbed open space (NUOS). A. Natural Undisturbed Open Space (NUOS) Requirements 1. The minimum percentage of NUOS is based on conservation categories as identified in Section III.C.2. Table 111-2 summarizes NUOS requirements are determined by conservation category which correspond to the sensitivity of environmental conditions such as riparian areas, high value habitat and significant stands of vegetation. These conservation open space requirements are in addition to any open space required for recreation areas or other zoning-based open space specified by the OVZCR. 2. Land designated as NUOS shall be permanently maintained as open space. The applicant shall demonstrate to the satisfaction of the Town Attorney that the entire NUOS area will be permanently maintained as natural area open space through easements, donation or dedication to the Town and/or conservancy, land trust or similar entity. A similar entity is an organization that has goals and purposes consistent with permanently maintaining NUOS and can demonstrate its ability to maintain the NUOS to the satisfaction of the Town Attorney. 3. If NUOS is located in a common tract owned by a homeowners association, the property shall be maintained through a common maintenance agreement. 4. If NUOS is located on individual lots (on-lot NUOS), the individual property owner shall be responsible for maintenance. (See Section I I I.F for detailed information regarding maintenance of NUOS.) 5. Common area or tract NUOS locations and boundaries, including precise acreage, shall be shown on the subdivision plat and/or development plan. • .A `„ray . 10.29.9 30 .`4,601,MEN*.ALLY Table 111-2 Natural Undisturbed Open Space Requirements Resource Type Category Minimum Open Space Major Wildlife Major Wildlife Linkages 100% Linkage Riparian Areas Critical Resource 95% Rock Outcrops and Critical Resource 0 Boulders 95/o Wildlife Habitat ri I HabitatCore Resource Critical 80% Multiple Use Other Habitat 66 2/3% Mg mt. Significant Vegetation Core Resource 80% Cultural Resources Cultural Resource Resources Dependent Scenic Corridors Scenic Resource Park Viewsheds Resources Dependent Topography Slopes 15-24% Hillside Areas Resource Peaks & Steep Slopes Dependent (25%) 6. On-lot NUOS locations: In applications where NUOS is provided on individual lots, approximate boundaries and precise acreage of the proposed NUOS shall be shown on and conform to an exhibit approved by the Planning and Zoning Director or designee prior to or concurrent with filing a final subdivision plat. B. NUOS Reduction NUOS requirements may be reduced as provided herein. The minimum NUOS after reductions, for the gross lot area of the development project and for each development site or parcel shall be 55 percent in mixed Multiple Use Management, 70 percent in Core Resource, 85 percent in Critical Resource areas. r,:,:17 ,:fI 10.29.9 31 1. Reduction for revegetation. On land stripped of natural vegetation or scarred prior to (effective date of this ordinance), the NUOS requirement for the parcel shall be reduced by two (2) square feet for every one (1) square foot of revegetated NUOS (2:1). This provision cannot be used to increase the maximum revegetated NUOS above thirty (30) percent. (GRAPHIC Revegetation) 2. Reduction for Qualifying Cultural Resources Site Land designated as a permanently protected cultural resources site, approved by the Town, may be used to reduce the required NUOS by two (2) square feet for each one (1) square foot of approved site (2:1). 3. Reduction for Regional Drainage Facility Where a development site contains areas dedicated for regional drainage and flood control improvements having a design flow of two thousand (2,000) cfs or more and providing drainage for one (1) square mile or more, the NUOS requirement shall be reduced as follows: a. The NUOS requirement shall be reduced one (1) square foot for each revegetated one (1) square foot of the regional drainage facility (1:1). b. The NUOS requirement shall be reduced one (1) square foot for each two (2) square feet of improvements for recreational areas within the regional drainage facility(1:2). The reduction for improved areas shall not exceed ten (10) percent of the original NUOS requirement. 4. Multiple Use Management Area with Minimal Slopes and Limited Environmental Conditions Sites within the multiple use management area having slopes of 15 percent or less, may reduce the required amount of NUOS to fifty-five (55) percent if the applicant can demonstrate to the satisfaction of the Planning and Zoning Director that the property contains no rock outcrop features, riparian areas or significant stands of vegetation. Where these provisions conflict with the minimum NUOS dimensions described in Section III.D.3.E the more restrictive provisions shall take precedence. C. Density Incentive for increases in NUOS 1. A density incentive bonus not to exceed twenty (20) percent of the density otherwise allowed under Table 111-3, Base Intensity by Zoning District, may be granted to Li T• 10.29.9 32 JVIR0;4MEN'fALIY :,, applicants who provide more NUOS than is required in Section III.C. The bonus must be approved by the Town Council after notice and public hearing as provided in Section (public hearing procedures), and providing further that the following criteria are met: a. The bonus applies only in the R1-43, R1-70, R1- 130, and R1-190 residential zoning districts. b. The incentive must be calculated using the base NUOS standards for the development project, and cannot be used in combination with any reductions in NUOS. c. The additional NUOS must be undeveloped natural area and cannot include revegetated areas. d. The additional NUOS must respond to site conditions and the surrounding context to maximize connections with existing or planned open space on adjoining properties including any public preserves or parks. The locations of this additional NUOS shall be along riparian areas, along the frontage of collector or larger streets, along the boundary of any public preserves or parks or on slopes of 25 percent or steeper. e. The additional NUOS shall be provided in common area tracts and shall not be provided on an individual single-family lot. 2. The increase in density is calculated by multiplying the percent of area of the parcel to be provided as additional NUOS, times the base density as established in Table 111-3. D. Types of NUOS The NUOS requirement may be satisfied by two (2) types of open space: undeveloped natural areas and revegetated areas. 1. Undeveloped natural areas. Undeveloped natural areas shall constitute a minimum of ninety (90) percent of the required NUOS. This minimum applies to both "on-lot" and "common tract" NUOS. a. Infill. When native plants in a designated undeveloped natural area are significantly less dense than under natural conditions because of man-made or natural disturbance to the land, the developer may increase the density and number of species of native plants to approximate the natural conditions of the vegetation community. ,N, it�. 10.29.9 33 „Y,:ntv9EN•.,iliv b. Infill areas shall count as undeveloped natural area for NUOS if approved by the Planning and Zoning Director or designee. 2. Revegetation. Revegetation areas shall qualify as NUOS, but in no case shall constitute more than ten (10) percent of the required NUOS. These provisions cannot be used in conjunction with those contained in Section III.D.3.B (NUOS reduction). To increase the maximum percentage of revegetated NUOS above ten (10) percent. Revegetated areas shall meet following requirements: a. Planting programs for revegetated areas may include transplanted and seeded methods of application and shall include a list of proposed plant species and quantities (See Section 27.6. Revegetation). b. Planting programs shall be consistent with the slope aspect of the surrounding natural vegetation, and shall be consistent with the species and density of surrounding vegetation and adjacent natural desert. c. All materials, design and construction techniques for revegetation shall be approved by the Planning and Zoning Director or designee. Decisions of the Planning and Zoning Director or designee may be appealed to the Development Review Board as provided in the OVZCR. (1) Incorporate boulders and salvaged surface material to match and blend with surrounding desert character. (2) Provide a temporary watering program. (3) In those cases where previously scarred or cleared areas are to be restored, the plant species and density shall be determined by matching the existing natural vegetation on similar terrain in the vicinity. (4) The design and installation of revegetation shall help to minimize the downstream transport of sedimentation. 3. Improved open space. When the open space requirement of the underlying zoning district exceeds the NUOS requirements imposed by the ESL standards, the balance of the required open space may be either improved open space or NUOS. E. Distribution of NUOS. 1. NUOS dimensions. 10.29.9 34 NTALLY ,5 a. The minimum contiguous area for NUOS is four thousand (4,000) square feet. b. The minimum horizontal dimension for NUOS areas is thirty (30)feet, except that the minimum horizontal dimension for NUOS located along roadsides will be twenty (20)feet. c. Where the minimum finished lot size is twenty-two thousand (22,000) square feet or less, NUOS shall be placed in common tracts, or on other lots within the same subdivision unless the Planning and Zoning Director or designee approves placement in contiguous areas on adjacent lots. See Section for on-lot NUOS design standards and Section for on-lot NUOS submittal requirements. 2. Modification of NUOS dimensions. The Planning and Zoning Director or designee may approve modifications to the minimum NUOS dimensions set forth above, subject to the following criteria: a. The NUOS location standards set forth in paragraph 3 are met. b. Reductions in dimensions will maintain NUOS areas that are easily recognizable and that will not result in maintenance problems due to their proposed locations. c. Adjacent land uses, such as streets, will not negatively impact the viability of vegetation or other features of the land to be preserved. GRAPHIC: Minimum N.U.O.S. Dimensions 3. NUOS selection and location. The location of NUOS on a site plan or preliminary plat shall emphasize the following, however, in no event shall the provisions of this section require greater area of NUOS dedication than currently required by Section III.C. a. The need for unimpeded wildlife access and movement within and between NUOS areas is an important criteria. Therefore, riparian areas and associated linkages, particularly where located adjacent to Tortolita Mountain Park, Catalina State Park or the Coronado National Forest, shall be given key consideration as important wildlife linkages. b. Continuity of open space within the development project and with adjacent developments or with the Tortolita Mountain Park, Catalina State Park or the Coronado National Forest. i , 10.29.9 35 ,a,;k ;: c. Continuity of"on-lot" open spaces on adjoining lots. d. Preservation of the most significant features and vegetation, including rock outcroppings, and significant concentrations of native vegetation in relation to the surrounding development project. e. Distribution throughout the developed area and avoidance of concentration in one (1) location. f. Location in areas where a buffer is desirable along the property boundary, or where it is contiguous with NUOS on adjacent property, including property within the Tortolita Mountain Park, Catalina State Park and the Coronado National Forest. g. Location in areas visible from streets or common areas. 4. NUOS distribution within planned area developments (PADs). Where a master developer elects to provide NUOS in excess of the minimum NUOS requirement for specific development sites, such excess NUOS may be credited against NUOS requirements for other development sites on the master plan, provided that the NUOS credits are documented on an open space master plan which identifies excess NUOS by development site and allocates such excess to specific development sites elsewhere on the property. The master plan developer must authorize the allocation in writing. r f G 10.29.9 36 r;R(iNMLNTALLY D. Use and Development Standards 1. Use Restrictions A. Land use shall be those permitted in the base zoning district except as follows: 1. Land uses in the Critical Resource category, (includes slopes of 25 percent or greater, riparian, rock outcrops and boulders are restricted to the following, provided that uses must also be permitted by the underlying zoning: a. Residential uses including resort units including related streets and utilities, b. Uses permitted in the Parks and Open Space district, c. Golf course tee box. 2. Prohibited uses include ancillary resort uses, such as restaurants, meeting rooms or parking areas for more than five vehicles. 2. Intensity of Development A. (Reserved) B. Built upon existing or base zoning densities per OVZCR 3. Design Tools and Incentives A. Density Transfer (reserved) B. Amended Development Standards Development standards in any zoning district including, but not limited to, the following may be modified as a part of the development (rezoning, subdivision plat or development plan) approval process: 1. Setback. Modifications to the building setbacks (up to 20 percent of the required setback of the zoning district) and/or distance between buildings. (Further reductions, up to 5' min. could be allowed). 2. Minimum Lot Size. Minimum lot sizes in all R1, R-4, R-S and SDH-6 districts may be modified, however, such lot size modifications are available only where an area of riparian habitat and undisturbed natural areas will be owned by a homeowners' association, in common area, and preservation in a natural state is guaranteed through recorded covenants running with the land, which are enforceable by the Town of Oro Valley. a. The sum total of square feet by which the area of each lot in the subdivision is reduced shall not C:. I:. 1 i' 10.29.9 37 1v,t;0N1/10.1'.<Le exceed the total square footage of the preserved area. Said reduction in lot size shall not result in a density which exceeds that permitted by the zoning district, as provided in a calculation based on the adjusted gross acreage.(this seems too strict and could be used as an incentive and be based on actual not adjusted gross acreage) b. Residential lots may be reduced in size, but may not be smaller than the minimum lot areas set forth below: Table 111-4 Allowable Lot Size Reductions District Minimum Lot Size R1-144 115,000 R1-43 36,000 R1-36 28,000 R1-20 16,000 R1-10 8,000 R1-7 6,000 SDH-6 5,500 R-4 5,000 R-S 5,000 c. When modified, smaller lot sizes are approved for use, said sub-standard sized lots must be placed as far away from riparian habitats as feasible and special consideration shall be given to providing the largest lots in the subdivision adjacent to the protected habitat areas. 3. Off-Street Parking. Off-street parking requirements may be modified provided it can be demonstrated that such modification will not result in a danger to persons or property, or in increased traffic. 4. Other Modifications Permitted. Modifications to development standards not set forth herein may be requested, and may be granted by the Town Council, if said modifications promote the preservation of natural areas and do not violate statutes, development :I^ 4F. .r 10.29.9 38 F,IRONMEtira>_LY agreements, appeal processes, or other provisions of this code. 5. Such modifications to development standards may be granted at the rezoning stage and conditional use permit, upon recommendation by the Planning and Zoning Commission and approval by Town Council or, if associated with a plat or plan, Town Council approval may be given upon recommendation by the Development Review Board. C. Cluster Design Option 1. The design option is intended to provide an opportunity for more flexibility in platting lots and for site planning under ESL requirements than under conventional, underlying zoning districts. The Development Review Board may approve clustering if the application is in compliance with the standards of(amended development standards section). 2. This option allows for increased sensitivity to site conditions and permits the clustering of the development onto less land area so portions of the land remain undisturbed. These standards cannot increase the intensity allowed on a development site. Clustering may enable applicants to use the land more efficiently or to utilize more of the allowable intensity. The following limitations apply: a. The density shall not exceed the applicable density for the parcel. (additional detail reserved). b. The density that has been approved for any parcel may be allocated to any areas of a parcel with a development plan or plat subject to the following limitations: (1) Development standards may only be modified in compliance with the requirements of Section III.D.3, Amended Development Standards. (2) The site plan, or plat, must comply with the Town's site planning standards and guidelines (reference code sections). Q., as I I 10.29.9 39 ,f r,;v,n • ,. , 4. Design Standards and Guidelines (Under Construction) E. Approvals Required 1. Rezonings and Use Permits When reviewing the compatibility of rezoning and use permit applications on environmentally sensitive lands, the following shall be considered: A. Grading and other site preparations are within established limitations and whether essential grading complements the natural land forms. B. Vehicular and pedestrian circulation conforms to established guidelines (Dev. Design Guidelines) and is within the emergency standards acceptable for fire truck access. C. Views from scenic corridors D. The public and private property are protected from unstable slopes, flooding, and other safety hazards. E. The placement, grouping, scale and shaping of structures compliments the natural landscape. F. Large, graded areas are fully revegetated. 2. Plats All applications for preliminary plats in the ESL Overlay District shall be reviewed for compliance with the ESL provisions and approved by the Development Review Board. (not sure we can use this) 3. Individual Single Family Homes Single family homes that are not part of a subdivision plat and proposed within the ESL Overlay District shall be reviewed for compliance with specified site design criteria intended to promote public safety and shall be approved by the Development Review Board. 4. Planned Area Developments Newly adopted and amended Planned Area Developments (PAD) require ESL compliance. F. Maintenance and Violation 1. Reserved. ,t y M� A v 10.21.9 40 NvSl;('y`tif rttAilY IV. Regulations for Development on Environmentally Sensitive Lands with Zoning Prior to ESLS Adoption A. Purpose 1. To apply existing regulations uniformly to protect sensitive resources applied to development on property without zone changes. 2. Avoid 207 claims, fairness. B.Applicability 1. Applies to all development applications today... 2. See applicability for each section C. Riparian Habitat Overlay District 1. Insert from existing code 2. Include agreed upon minor revisions Section 24.7 Riparian Habitat Protection Overlay District D. Native Plant Preservation, Salvage and Mitigation 1. Include new landscape package 2. Any additional NPP changes including updated mitigation standards we have been planning. E. Oracle Road Scenic Corridor Overlay District 1. Insert from existing code 2. Include agreed upon revisions. F. Tangerine Road Scenic Corridor Overlay District 1. Insert from existing code. 2. Include agreed upon revisions. 3. Import some standards or procedures from ORSCOD? G.Cultural Resource Preservation 1. Include agreed upon revisions. 2. HPC input coordination 3. Consistency with Town Code provisions and amendments thereto. i id n' 10.29.9 41 ,' H. Hillside Development Zone 1. Insert from existing code. 2. Include agreed upon minor revisions, if any. I. Other Existing Code Sections Potentially Included 1. Grading 2. Outdoor lighting 3. Operational Performance Standards mei ytt A7 S:' 10.29.9 423 I ��'r`NrA4L�Y