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Home My WebLink AboutMinutes - Environmentally Sensitive Lands Task Force - 12/3/2009 1,7 TAWit4,,Zeil; 4 0-14 Vti' Araft ItifteMrd AM AA ENVIRONMENTALLY �CIF��}•�}tib' SENSITIVE .ANDS Environmentally Sensitive Lands (ESL) Public Advisory Committee (PAC) Meeting #10 Thursday, December 3, 2009 4 p.m. Hopi Conference Room Development Services Building 11000 N. La Canada Dr. 1. Call to Order 2. ESL Cultural Resources Progress Update 3. Review and discussion of ESL draft sections III.C.: 1. ESL Conservation System and 2. Conservation Categories 4. Comments on previous ESL draft sections: I. ESL Overview, II. Purpose and III. Regulations for Development Under the Environmentally Sensitive Lands Conservation System, A. Intent and B. Applicability 5. Discussion of Future Agenda Items 6. Adjourn Posted: The Town of Oro Valley complies with Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Clerk's office at 229-4700. "Notice of Possible Quorum of the Oro Valley Town Council: In accordance with Arizona Open Meeting Law A.R.S. X38-431 et seq, a majority of the Town Council may attend the above referenced meeting as a member of the audience only." r I JA'�Y '�tiz MINUTES ORO VALLEY ENVIRONMENTALLY SENSITIVE LANDS (ESL) Lsy4 `' PUBLIC ADVISORY COMMITTEE MEETING #10 4o ;DEE A ' DECEMBER 3, 2009 HOPI CONFERENCE ROOM 11000 N. LA CANADA DR. PAC Members Present: Bill Adler Philip Kline Doug McKee Steve Solomon Steve Taillie PAC Members Absent: Don Chatfield Chet Oldakowski Oro Valley ESL Team Members Present: David Williams Joseph Andrews Colby Henley Bayer Vella Karen Berchtold Arinda Asper 1. Meeting called to order at 4:09 p.m. David Williams facilitated meeting. 2. ESL Cultural Resources Progress Update. Mr. Vella reported that staff met with the Historic Preservation Committee (HPC). The HPC is serving as an advisory board for this ESL project, and have formed a subcommittee to discuss ESL issues, with the purpose of identifying cultural resources. The collaboration with HPC has saved the Town the cost of hiring a consultant. Subcommittee meetings have been very productive, and the comments received thus far are quite technical in nature. ESL PAC members are invited to attend future HPC meetings. 3. Review and Discussion of ESL draft sections III.C.: 1. ESL Conservation System and 2: Conservation Categories Mr. Williams reviewed maps and discussed the four categories shown on the maps • Major Wildlife Linkages (Visual Resources, Scenic, Hillside, Cultural— not mapped) • Core Resources • Multiple use Management Area • Critical Resources Mr. McKee suggested creating subcategories under the four categories, so the general public would know what resources are in the plotted areas. Mr. Vella explained that the categories need to be kept as they are, so they are the same as the Sonoran Desert Conservation Plan, but we could make an appendix report to further explain. Mr. Vella asked us to recall the messiness of the first draft map, and to compare that with the most 1 recent maps, where the resources are being "bundled" for readability. Mr. Vella also pointed out that the map contents are binding, as the ordinance points to the map and the map is a component of the ordinance. Mr. Vella explained that one seemingly isolated green area looks odd because it's the tip of a corridor that goes beyond our area. Mr. Adler stated that the Town needs to budget for enforcement. Mr. Williams explained that the ordinance contains a violation and enforcement section. Mr. Adler suggested that the police volunteers be trained to monitor the area. Mr. Williams said that is an administrative issue. Mr. Solomon said that monitoring could be done with aerial photography, but this would only take care of major, not minor, violations. Mr. Adler said he wasn't looking to arrive at a solution here; he just wanted to bring forth the issue that the ordinance needs to acknowledge enforcement. Mr. McKee asked how this enforcement would apply to newly annexed areas. Mr. Andrews replied that the Town couldn't impose the regulations before annexation, but upon annexation the Town would have the codes on the books, and the area would be rezoned and re-evaluated. He added that Arroyo Grande, because it is State land, does not trigger Prop. 207. Mr. Adler asked if it would be okay to ask that the level of preservation be expressed in terms of a range rather than a percentage. Mr. Andrews replied that the difficulty with expressing it as a range is that we would need to come up with criteria to determine how each property falls in; otherwise it would be too vague. Mr. Vella added that the establishment of percentages was set by Pima County and was a 5-year effort. Biologists made some assumptions, and the analysis process was very meticulous. This group cannot redo that analysis in the time that we have. Changing the system would not be based on science, and this type of change would be a political and somewhat arbitrary decision. Categories and percentages need to be retained. Mr. Solomon commented that a lot of land will need to be rezoned, since 66% of it can't be used, leaving only two-thirds of the land as buildable, thus forcing high density development. Mr. Adler questioned whether an ordinance needs to address flexibility. Mr. Kline questioned why have an ordinance if it can be negotiated away? Mr. Solomon said he did not feel there was any room for negotiation. Mr. Vella explained that the Sonoran Development Conservation Plan does not say that the entire area is restricted by the 66% formula. Mr. Solomon said that he felt we should have an open space conservation system, but is concerned that this is too restrictive. Mr. McKee suggested the inclusion of a mechanism for the land owners to appeal or to ask for relief of the ordinance. Mr. Vella reminded the group that the ordinance needs to be done by February, and staff needs direction from the PAC rather than trying to come up with a solution within this discussion. Mr. Williams explained that in the Scottsdale code there is a section that gives options for negotiation; our problem is that we are under the Sonoran Desert Conservation Plan. Mr. Vella said he would have staff write up a process establishing criteria for flexibility, and PAC members agreed this was a good plan. Mr. Vella further explained that Pima County negotiates, but they do not have any guidelines. Guided by Mr. Williams, the PAC went through the draft ordinance. Mr. Williams answered the group's questions and made notations of suggested changes (some of which are noted below). • It was suggested that the Table of Contents be moved to the Appendix. 2 • Discussion was held about studies that show that golf courses are good wildlife linkages. • It was suggested that for legal defensibility, the ordinance be linked to open space. • Some suggestions were made to elaborate on or clarify specific sections. • The contents of page 17 were discussed, and the group offered some suggested changes. • It was suggested that any references to the Pima County Code be removed from page 18. • It was suggested that on page 22 (F.1), the word "unique" be changed.to "distinctive." • Discussion was held about Federal and State regulations overriding Town regulations on solar panels; this is an unsettled matter. • It was clarified that all non-Oracle Road scenic corridors, mentioned on page 24, will be put in place and would be effective upon rezoning. • It was suggested that a placeholder for scenic sign codes be kept. • A cautionary comment was made that if we put more restrictions on commercial parcels along the scenic roads, we will run out of commercial properties. • Discussion was held about the contradiction between scenic views and zoning codes. • Discussion was held about the definition of"natural grade" and a suggestion was made to have Paul Keesler give a presentation on this topic. 4. Comments on Previous ESL Draft Sections -this item will be discussed at the next meeting. 5. Discussion of Future Agenda Items • On December 17, Matt Goode will give a presentation on rock outcrop studies he has conducted in Rancho Vistoso Stone Canyon. • The TAC will finalize the maps. • HPC will not be putting Cultural Resources on the maps. • Due to budgetary restrictions, no food will be provided at future PAC meetings. • After the holidays, we will try to have weekly 2-hour meetings. • We need to move faster, so that the draft can be completed on time. • Paul Keesler will be invited to discuss grading issues. • There is a concern that Town Council isn't listening, so we might consider giving them concise information on the critical decisions the PAC has made. • Item number 4 (Comments on previous ESL draft section)will be moved to the next meeting. • Mr. Adler said that he thought the Dr. Pivo research was going to be added as a resource. • Mr. Vella said that when the PAC's work is 75%, the findings will go to Town Council. 6. Meeting adjourned at 7:55 p.m. Prepared by: Arinda Asper Senior Office Specialist 3 -64) A V- ny '.fir ENVIRONMENTALLY k SENS1T»VE LANDS Environmentally Sensitive Lands (ESL) Public Advisory Committee (PAC) Meeting #10I - Thursday, December 3, 2009 4 p.m. Hopi Conference Room Development Services Building 11000 N. La Canada Dr. 1. Call to Order � g 2. ESL Cultural Resources Pro ress e 1� 3. Review and discussion of ESL draft sections III.C.: 1. ESL Conservation System and 2. Conservation Categories 4. Comments on previous ESL draft sections: I. ESL Overview, II. Purpose and III. Regulations for Development Under the Environmentally Sensitive Lands Conservation System, A. Intent and B. Applicability 5. Discussion of Future Agenda Items 6. Adjourn Posted: 12 02 09 8:30 a.m. cp The Town of Oro Valley complies with Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Clerk's office at 229-4700. "Notice of Possible Quorum of the Oro Valley Town Council: In accordance with Arizona Open Meeting Law A.R.S. X38-431 et seq, a majority of the Town Council may attend the above referenced meeting as a member of the audience only." ENVIRONMENTALLY SENSITIVE LANDS DRAFT ORDINANCE December 3, 2009 12.3.9 Draft 1 SENSITIVE LANDS Editor's Note: This 12.3.09 Draft contains updates for Sections I, II, and III in accordance with PAC review comments and staff review comments. Issues relating to prohibiting `lotting' into open space areas, transitional density and mixed use incentive to apply ESL regulations are incorporated along with Maintenance and Violation provisions. 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 12.3.7 Draft 2 [NYIPONMENTA44T iE!iS1 YEYf I.AN:'3i r 3. Design Tools and Incentives A. Density Transfer B. Amended Development Standards C. Cluster Design Option D. Design Standards and Guidelines E. Approvals Required F. Maintenance and Violations IV. Regulations for Development on Environmentally,,o, Sensitive Lands with Zoning Prior to ESLS Adoption A. Purpose B. Applicability C. Riparian Habitat Overlay District D. Native Plant Preservation, lvage and.„„,:„„.M„ ., -it...„.i.g, p, tion ': E. Oracle Road Scenic Corridor Overlay District F. Tan erine Road Scenic Corridor Overlay District g . G. Cultural Resources Preservation H Hillside Developm:-,-:,",::.'„':,4,,,.:. ent Zone ",""q",""","e"em„tO, I. Other Existing Code Sections Potentially Included '4-'4 12.3.9 Draft 3 !,r4T, h,ErAt� 5k:'tiS11'irE E.liEi:3ii I. Environmentally Sensitive Lands Overview The Environmentally Sensitive Lands (ESL) regulations provide a comprehensive, systems approach to the conservation, preservation and protection of sensitive resources. The Town of Oro Valley's General Plan establishes goals and policies for conservation of the Sonoran Desert, natural, cultural and visual resources. 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. The ESL regulations are designed to bring together existing Town codes, including the Riparian Habitat Overlay District, Native Plant Preservation, Salvage and Mitigation, Hillside Development Zone, Oracle Road Scenic and Tangerine Road Corridor Overlay Districts, Cultural Resource Preservation, along with local and regional policy, providing a comprehensive structure for the Town's conservation priorities. 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 safeguards for sensitive 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 conservation priorities to create an ......:....:....::..:. ..................... .................... ................... integrated;:logical and holistic system for the management for identified resources. Implementation of the ESL Regulations carries broad regional and local significance with regard to environmental sustainability and the conservation of the sensitive resources that endow the Oro Valley area, giving it a distinct and valued character. These sensitive resources create economic value and opportunity for property owners, businesses and residents. #1.4 12.3.9 Draft 4V11,11MT II. Purpose The goal of Environmentally Sensitive Lands (ESL) regulations 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, and 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 regulations are 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. ::;Conserve key and essential habitats. f. Manage public access to natural open spaces to maintain wildlife conservation value. g. Balance public use and conservation goals in managing g environmentally sensitive open space areas. h. Encourage the long-term survival of the native plants and animals by maintaining ecosystem functions necessary for their survival. i. Preserve, salvage and replace native vegetation, to stabilize desert soils and providing food and protection for desert wildlife. j. Encouraging the preservation of wildlife habitat and wildlife friendly design through improved site design. k. 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 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. it4 12.3.9 Draft 5 �'� ��"� 3. Conserving Cultural Resources a. Provide for the preservation of archaeological and cultural resources in conjunction with the conservation of other significant resources. 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 conserve scenic corridors within the Town. b. Conserve visually important areas including peaks, ridges and highly visible slopes. c. Preserve dark skies and night sky visibility. d. Conserve public park viewsheds. 5. Guiding and Enhancing Urban Design g 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. Preserve the visual resources identified by the General Plan. b. Conserve natural open space areas and vegetation that provide direct and important physical and psychological benefits to Town residents:and visitors through reduced glare and heat gain, and to 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 balanced living quality and economic opportunities attributable to the Town of Oro Valley. Applying the ESL regulations 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. 12.3.9 Draft 6 !PrOiEsV�� R1,T; c. Recognize and respect existing zoning standards and promote compatible development utilizing best environmental management practices. III. Regulations for Development Under the Environmentally Sensitive Lands Conservation System A. Intent 1. The Environmentally Sensitive Lands Conservation System (ESLS) encourages sustainable development practices that harmonize human habitation with the conservation 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 andprocedures 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 pursuant to a rezoning or Planned Area Development (PAD) application, and proposed osed PAD amendments when appropriate, approved after the adoption of ESL Regulations, applications shall follow the requirements and procedures of Section Ill. B. Applicability The provisions of ESLS contain in this Section III apply to rezoning and PAD applications, and, when appropriate, PAD amendments. 1. The ESL District established in Section 111 B.2, below, shall apply to any pp Y ro ert 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 II1.B.3, below. All development activity on applicable properties shall comply with the provisions of the ESLS as contained herein. #01 12.3.9 Draft 7 2. Environmentally Sensitive Lands (ESL) Regulations and Maps A. Regulations Established Environmentally Sensitive Lands (ESL) regulations are hereby established, as adopted by the Town Council in accordance with the General Plan, where specified environmental conditions exist. Property shall be identified on the official Town Zoning Map with the suffix `E' to indicate ESLS standards apply. When applicable, development 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) Regulations, 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. Y Environmentall 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. 2. If additional resources are discovered during the rezoning, PAD or development process, the property owner may elect to amend the ESL maps as they apply to his property. Regulations shall be applied to encourage the protection of sensitive resources in accordance with the standards contained in this Section. 3. The Planning and Zoning Department from time to time may update the ESL maps, in accordance with Section 12.3.9 Draft 8 trvr entg yi:'tiSi'i';;fF E.�,he3+� III.B.2.D to more accurately identify the location of sensitive resources. 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.C. The biologist or botanist shall certify in writing that the identification of resources was completed in accordance with this Section. 3. The ESL 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 result in updated environmentally sensitive lands mapping, including deletions or additions, 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 . orstipulations Mations for properties with zoning other:ind use baked p 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) 12.3.9 Draft 9 MONMENTALLY 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 I , 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, building height (?), off-street parking and signs 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 111.0 is encouraged in order to implement the Town's adopted General Plan and associated resource conservation policies. B. Property owners with zoningexisting prior to (effective date of this ordinance) may elect to have ESL regulations apply to their property. This option to apply the ESL regulations is approved through a modified rezoning process in accordance that does not require the preparation or approval of a site analysis or preliminary development plan. All notice and public hearing requirements for rezoning applications shall be complied with. C. Modifications to development standards including setback, minimum lot size, building height, permitted uses, off-street parking and signs may be approved in conjunction with a rezoning to apply ESL regulations. Modifications to development standards not listed above, including approval for a compatible mixture of land uses, may be requested, and may be approved by the Town Council, if said modifications promote the preservation of sensitive resources and 12.3.9 Draft 10 'iSi'E'EVE E.RALLY sustainability goals and do not violate statutes, development agreements, appeal processes, or other provisions of this code. D. 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. E. 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. 12.3.9 Draft 11 �7mrs,"",1A, ti}':'eSE'E'E�iE E.R�hii3�i C. Environmentally Sensitive Lands Conservation System 1. Conservation System Environmentally sensitive lands in Oro Valley are grouped into seven categories for the purpose of preserving undisturbed open space. The richest biological resource areas are included in four categories under the ESLS: • Major Wildlife Linkage, • Critical Resource, • Core Resource and, ou c • Multiple Use Management areas. Important environmentally Sensitive resource categories that are non-biologically based include: • Cultural Resources, • Hillside Areas, and • Scenic Resources. A. Each category is comprised environmentally sensitive resources, summarized in Table Ill-I, that have been defined and mapped. These resource types have specific science- based or public health and safety sensitivities that guide their allocation into one of the seven conservation categories. This section contains the definitions and standards for each of e resource types regulated by the Town. B. The conservation categories are established utilizing best available, science-based analysis. C. In addition to biologically critical resources, the ESL regulations provide for the protection of hillside areas and cultural and scenic resources as specified byte Town s General Plan. D. The locations of known resources described in this Section are indicated on the adopted ESL maps as described in Section 111 . 12.3.9 Draft 12v'°" �`�Y, ti}:'iS1'E'E�E'E.Reh:'3ie Table III-1 Categories and Conservation Thresholds for Sensitive Lands ESL Maior Critical Core Multiple Use Cultural Scenic Hillside Conservation Wildlife Resource Resource Management Resource Resourc Ar_ Category Linkage Area Area Area s es 9 Conservation 1000 950 800 66% Resource Resource Resource Standard Dependent Dependent Dependent ESL Resource Type 1.0 Wildlife Identified Other Linkages large identified mammal minor links corridors 2.0 Riparian All Areas Riparian Areas 3.0 Significant Distinct Vegetation Stands Distinct Individuals 4.0 Wildlife Critical Habitee for PV Habitat HabitatDistinct T Species Resources Habitat PC Multiple Areas Use Mngmt. PC Bio Areas Core Mngmnt. Areas. 5.0 Rock Rook, Outcrops ou'der piles 6.0 Cultural Resources All Cultural Resources Scenic 7.0 Scenic Resources Corridors Park View sheds 8.0 Topo& Peaks& Significant Peaks and Ridges Slopes Ridges (>25%) Moderate Slopes (15-24%) 12.3.9 Draft 13 k'tiS1'i'iE E.Ahe34 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 J genetic transfer for wildlife and plants. In order to maximize wildlife movement within identified corridors, these corridors must be maintained as undisturbed natural open space. Human activity within corridors has a negative impact on wildlife movement. 2. The sole resource type included in the Major Wildlife Linkages category are identified major wildlife corridors. `Major Wildlife Linkages' include identified large-mammal corridors or landscape linkages between public preserves and open spaces. 3. Conservation Standards; a. Major Wildlife Linkage areas shall be maintained as 100 percent natural undisturbed open space. b. Human access is not permitted unless supported by science-based evidence 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 including the Santa Catalina-Tortolita Mountains linkage, riparian areas, upland linkages and identified regional roadway crossings. B. Critical Resource Area Category 1. Critical Resource open space 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 and constitute the framework for the linkages and landscape connections necessary to support a viable ecosystem and wildlife habitat. 12.3.9 Draft 14 !Y'°" "1h"� ��'�S1'i'iif�E.R�ii3�� 1 2. The Critical Resource Area open space category includes the following defined and mapped environmentally sensitive resources: a. All Riparian Areas and Minor Wildlife Linkages b. Rock outcrops and boulders c. Distinctive Habitat Resource d. Significant Peaks and Ridges 3. Conservation Standards: a. Ninety five (95) percent of the total acreage within Critical Resource Areas shall be preserved as natural undisturbed open space. b. Degraded or disturbed Riparian Areas shall be restored and enhanced to support their biological, hydrologic and geomorphologic functions and may count toward the 95 percent conservation requirement. c. Open space shall be configured in accordance with Section III.D. 4. Riparian Areas and Minor Wildlife Linkages open space areas 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 Town's most currently adopted protocol. d. The following methodology was and shall be utilized in mapping riparian area boundaries within the Town of Oro Valley: (ok to move to appendix?) (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 #.4 12.3.9 Draft 15 7.4Ti MENTALLY ti 'tiSl'i'E f£E.R�3ii35 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. (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) Ri arian areas disconnected hydrologically p 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 upland areas and degraded riparian areas. Degraded areas include hardened drainageways and constricting drainage structures. These minor links are important in maintaining connectivity within the tiered open space system identified in Section 111. .2: .5. ................................... ................................................... ..... ..... ..... .................................................... M.MMMMWMNMMU 12.3.9 Draft 16 !V r.M ME"T A"Y • f. Minor Wildlife Linkages are incorporated into the Riparian Area resources on the Environmentally Sensitive Lands maps. 5. Rock Outcrops and Boulders a. Rock outcrops and boulders are comprised of 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. b. Known rock outcrops and boulders are identified on the Environmentally Sensitive Lands maps. c. Specifications for defining rock outcrops and boulders are: (1) Rock or boulder pile measures 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. Distinct Habitat Resources a. Distinct Habitat Resources include caves and groundwater seeps that exist in the Oro Valley area. These features are distinct and rare habitat elements that rarely occur in the Town of Oro Valley. b. Caves, crevices, or mine shafts with a minimum cavityarea of 220 cubic feet (approximately6' x 6' x6') and groundwater seeps, whether intermittent or perennial, are defined as Distinctive Habitat Resources. 7. Significant Peaks and Ridges a. Significant Peaks and Ridges pose safety hazards and constraints to development due to very steep and unstable slope conditions. Significant peaks and ridges are also an important scenic resource in the Town. 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. 12.3.9 Draft 17y'°'E"rt`; 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 require 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. ii. All development is prohibited within 150 feet from a protected area. (2) Color Requirements in and near Protected Areas. Section lll.D.4 contains design guidelines and standards for all exposed exterior walls and roofs of buildings, 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 I. Core Resource Area Open Spaces support biological diversity by recognized wildlife habitat. Habitat preserving for threatened and endangered species, if designated, is to be regulated by State and Federal law. 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 distinctive 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. Distinctive stands of vegetation d. Distinctive individual native plants it-44 12.3.9 Draft 18 3. Conservation Standards: a. A minimum of 80 percent of the total acreage within this category shall be protected as natural undisturbed open space. b. Development shall be configured in the least sensitive portion(s) of the property. c. 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 pollination of native flora across and through the landscape. 4. Use of ESL Design Options, Section III.I . , 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 a 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 regulated by State and Federal law. Special Status Species Habitat and lands occupied by special-status species are targeted for conservation. C. S ecial Status Species Habitat is comprised of the p p p 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, Distinct 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). 12.3.9 Draft 19 !Y'° MT"1 (3) Priority Conservation Areas (PCA's) for Priority Vulnerable Species. (4) Designated Critical Habitat for ESA Threatened and Endangered species. (5) SDCP Priority Vulnerable Species. (AZ WFSC, and ESA T&E). 6. Significant and Distinctive Vegetation a. Known occurrences of Significant and Distinctive Vegetation are identified on the Environmentally Sensitive Lands maps. b. Significant and Distinctive Vegetation is characterized as distinctive plant occurrences and/or distinctive individual specimens that demonstrate, through the presence of specified criteria special value to the Sonoran Desert ecosystem. c. Distinctive 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. d. A Distinctive 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. Distinctive 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. e. Significant and distinctive vegetation must be identified in accordance with the standards and procedures listed in Section f, below. f. Specific standards for significant distinctive 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. #4i 12.3.9 Draft 20 !e rgrrN n'TAti , �� !LSt'�Eii f.RRiE3+� (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. g• Standards and definitions for Distinctive Plants include: (1) Saguaro cacti over 15 ft. tall with 2 or more arms• (2) Crested saguaro cacti• (3) Native tree with 12 in basal caliper and over 12 to (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. h. (Insert Salvage and Mitigation requirements) D. Multiple Use Management Area Category 1. Multiple Use Management open space areas are lands that meet the tenets supporting biological protection, but which are not as biologically rich as Core and Critical Resource Areas. These areas are distinguished from other lands by their potential to support three or more priority vulnerable species. 2. The Multiple Use Management Area open space category is comprised of the Pima County CLS Multiple Use Management areas updated to exclude urbanized areas. 3. Conservation Standards: a. 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. b. Development shall be configured in the least sensitive portion(s) of the property. c. Area(s) of undisturbed natural open space will include on-site conservation of environmentally sensitive resources and facilitate the movement of 12.3.9 Draft 21 rY€°" Ertl` 5}:'tiSt3'E�iE E.��Efsti native fauna and pollination of native flora across the landscape. E. Cultural Resources 1. Purpose a. Protect and perpetuate the unique character of the Oro Valley area where existing archaeological, paleontological, and historical sites, cultural resources, or other tangible:records of past eras can be of enduring value in advancing education, general welfare, civic pride, and appreciation of the Town's heritage. b. Establish standards for the identification and preservation of significant cultural resources. c. Establish guidelines and specifications for the preservation of identified archaeological, historical, and cultural resources within the Town. ................... .................. .................. .................. d. Achieve a reasonable and defensible compromise between no building occurring on archaeological and historical sites, and development taking place in such a manner as to destroy significant cultural resources. e. Require the assessment of resources using ::::updated National Register of Historic Places standards and criteria. f Inclusion of cultural resources in the ESLS provides lilltfOr the preservation of significant resources and their evaluation and dispensation in the context of other environmentally sensitive features. 2. Reserved (Section under HPC sub-committee review) 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 peaks 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 12.3.9 Draft 22 !v:v° ErifY, and serve as cornerstones to the local economy by attracting residents, tourists, 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 view sheds. 4. Conservation Standards: a. 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 1,320 feet or_back to where there is a distinct topographic change or where vegetation or other features screen more:distant views. b. 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, conic Corridor Development Standards. c. may Proposed developmentnot enetrate the p p skyline as defined herein, (add definition,) unless mitigation is approved in accordance with Section III.C.2.F.11, Mitigation of Necessary Skyline Penetration. d. Scenic Resource protection is applied at three distinct levels: the Oracle Road Scenic Corridor, Community Scenic Corridors and Public Park View sheds. e. Oracle Road represents the most intensively traveled route in the community and is afforded the greatest level of view protection consistent with current land use regulations for the Corridor. 12.3.9 Draft 23 Y'Q grTRA MY, f. Community Scenic Corridors include Tangerine Road and most arterial roadways as identified by the Town's General Plan. g. View sheds adjacent to public parks are provided general design guidance in Section I I I.D.3.D, Design Standards and Guidelines. 5. Oracle Road Scenic Corridor a. The Oracle Road Scenic Corridor (ORSC) is identified on the ESL 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 11I. .2.F.9 Visual Analysis, and Section III. 2.F.1 o, Scenic Corridor Development Standards. 6. Community Scenic Corridors a. Community Scenic Corridors are identified on the ESL. maps. b. Areas within 1,320 feet of the center line of a Community Scenic Corridor roadway, as identified on the ESL maps, 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. (reserved) li 7. Public Parks 8. Visual Analysis i a I 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. 12.3.9 Draft 24 � �'� rnA `� ��:tiSt'i':�E E.A�if3i; b. The visual analysis shall demonstrate and document for review the visual impact of the 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. 9. Scenic Corridor Development Standards a. General Location of Structures. Development aloe 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. 12.3.9 Draft 25 nurr E",-Y �::'tiS11'EJE E.Etei3e, (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. (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 as determined by the Planning and Zoning Director. 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) SulemeSupplementary vegetation. Where the proposed development is located within 1,320 feet of a scenic corridor, native species shall be planted tomimic either the existing species composition and pattern of growth as determined by the Planning and Zoning Director. d. Development located behind existingstand of p vegetation. When located behind an existing stand of vegetation, including vegetation 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 destroy or obscure the existing stand of vegetation. (2) Preservation of existing vegetation. Existing vegetation shall be preserved to the maximum extent practical. (3) Supplementary vegetation. Where natural vegetation does not adequately screen the 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. #14 12.3.9 Draft 26 ENVIRONMENTALLY arvslrE r£E.AW.:, 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. Grading, in accordance with Town grading requirements, 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 peaks and ridges of the Catalina and Tortolita Mountains. (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 as determined by the Planning and Zoning Director. (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.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. Height. The height of development shall not exceed twenty-six (26) feet above original grade. b. 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 #.44 12.3.9 Draft 27 !rvw:tE `AY, 5r'tiSf'NM E.+4AE:'35 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. c. 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 similar roof form. d. Exterior of structure. The exterior of all development shall be built or painted with earth tone materials or colors. e. 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. f. 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 rainwater harvesting to ensure survival of the indigenous species planted. g. Landscape screening. Development shall be p p located so as to preserve, to the maximum extent practicable, existing vegetation. Native species shall beplanted to supplement existinvegetation g where necessary. Native speci9 vees 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. 12.3.9 Draft 28 ,T,rr r�"� ;1�.'tiSl'i'i+iF f.Rt�e3'.; 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. Conservation Standards: 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. 4. 25% and Greater Slopes (Reserved for updated HDZ standards) 5. 15 to 24.9% Slopes (Reserved for updated HDZ standards) #44 12.3.9 Draft 29 !tr,rtEnttY, S3':'4S4'1':;fi E.A;vi3+; 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.' . Table III-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;distinct 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 p Y 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 n m a intena nce agreement. me nt. 4. Common area or tract NUOS locations and boundaries, including precise acreage, shall be shown on the subdivision plat and/or development plan. 5. Required NUOS is not permitted within individual, single- family lots. 12.3.9 Draft 30 !tvi°"mtr; 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 950/o /o Boulders Wildlife Habitat Critical Habitat Cultural Core Resource o 80/o le Use.:.. Other Habitat Mg mt. Significant Vegetation CoreIVlul��Reource 80% Cultural Resources ` Resource De endent e ources p Scenic Corridors Sceni Resource Park Viewsheds Resources Dependent Topography/ Slop es 15- 4% Hillside Areas Resource Dependent Peaks & Steep Slopes De p 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. 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 12.3.9 Draft 31 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 p and Limited Environmental on iions 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 distinct 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 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: 12.3.9 Draft 32rtEn h� 5�:'tiS}1'trE E.AE3�� 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 or separatetracts`and cannot be:Located 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 III-3. Table 111-3 Base Density (Reserved) D. T es of NUOS YA The NUOS requirement may be satisfied by two (2) types of open :ace: undeveloped natural areas and revegetated • areas. 'I Undeveloped natural areas. Undeveloped natural areas shall constitute a minimum of ninety (90) percent of the required 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. b. Infill areas shall count as undeveloped natural area for NUOS if approved by the Planning and Zoning Director or designee. #"44 12.3.9 Drat 33 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 J conjunction with those contained in Section IILD.3 (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 a re uirement 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. 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 12.3.9 Draft 34 y€�' 11, �k:'iSE'�'E+rE E.R�kE3+� horizontal dimension for NUOS located along roadsides will be twenty (20)feet. 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 a. The need for unimpeded wildlife access and movement within and between NUOS areas is an importantcriterion. Therefore, riparian areas and associated linkages, particularly where loc.ated ad:cent to Tortolita Mountain Park, Catalina State Paor the Coronado National Forest, shall be given key consideration as important wildlife lines. b. Cont9inuity 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. c. Required NUOS may not be located "on-lot" or within individual residential lots. d. Preservation of the most significant features and vegetation, including rock outcroppings, and 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 #14 12.3.9 Draft 35 NV'R�'NMENTAL`Y 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. 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 areas, rock outcrops and boulders are restricted to the following, provided that uses must also be permitted by the base 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. Summarized in Table 111-3. 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 *01 12.3.9 Draft 36 Y'� TAtr, :�:•'tiSf'E'ilfk'E.Ahii3� 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 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 o the adjusted gross acreage.(ths 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 12.3.9 Draft 37 7MMErAt..g c. When modified, smaller lots shall be located in accordance with Section IIl.D4. , Transitional Density. 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 modificationspromote the preservation of natural areas and do not violate statutes, development 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 n option is`intended to provide an opportunity for more flexi•bility i• n 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). 12.3.9 Draft 38 T,TtEn�� ':i�:'•L•S t'E'iif E:E.�.Pr?i� 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 Ill 3, Amended Development Standards. (2) The site plan, or plat, must comply with the Town's site planning standards and guidelines (reference code sections). 4. Design Standards and Guidelines A. Transitional Density 1. Residential design, including projects approved for modified lot sizes, shall incorporate lower density or Y intensit of use in areas immediately adjacent to NUOS. 2. Residential lot size or density shall generally transition to larger lots or lower density as proximity to NUOS increases. 3. The largest lots or least intensity ntensity of use shall be located adjacent to NUOS. B. (Under Construction) 12.3.9 Draft 39 mnitEnti,x, E. Approvals R 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 andp edestrian 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. Thepublic and private property are protected from unstable slopesp , flooding, and other safety hazards. E. Theplacement, grouping, scale and shaping of structures compliments the natural landscape. F. Large, graded areas are fully revegetated. • 2. Plats Allapplications 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 ESLOverlayDistrict shall be reviewed for p compliance with specified site design criteria intended to promote public safetyand shall be approved by the Development Review Board. 4. Planned Area Developments Newly adopted and amended Planned Area Developments (PAD) requires ESL compliance. F. Maintenance and Violation 1. Maintenance of Natural Undisturbed Open Space (NUOS) A. NUOS shall be permanently preserved in its natural condition. B. The removal of small amounts of man-made trash and debris that may accumulate within NUOS is permitted. C. Clearing, pruning, raking, and landscaping within NUOS areas is prohibited except as provided in subsections D and E below. 12.3.9 Draft 40 D. Maintenance of public non-paved trails within NUOS shall be subject to specific approval by Town staff. E. The removal of man-made dumping piles, and specified invasive, non-indigenous plants and weeds within NUOS shall be subject to specific approval by Town staff. F. Dead or dying native plants within NUOS shall be left in place to provide wildlife habitat. 2. Maintenance of Improved Areas The owner of private property on which grading or other work has been performed pursuant to a grading plan approved under the ESL regulations, shall maintain in perpetuity and repair all graded surfaces 9 and erosion control devices, retaining walls, drainage structures or devices, and plantingand ground covers according to specifications established by the Town. 3. Violations A. A violation of anyprovision of the.ESL regulations shall be subject to the violation and penalty provisions in Section of the OVZCR. B. Upon conviction for a violation of any provision of Section (this section) or the conditions of a permit issued hereunder,) the court shall impose afee of five hundred dollars ($500.00) for a preservation fund, in addition to any other fines or penalties. C. Funds obtained from this fee shall be used to supplement the Town's preservation efforts through deposit into the Oro Valley Trust for Open pace Land Acquisition. 12.3.9 Draft 41 °" "�� tik:'vSf'i'E;rE E.AEii35 . 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... ''''''11010111,,l,„„:„.:.. 2. See applicability for each section C. Riparian Habitat Overlay District 1. Insert from existing code 2. Include agreed uponmnor..revisions Section 24.7 Riparian Habitat Protection OverlayQistrict D. Native Plant Preservation, Salvage and Mitigation 1. Include nevir:landscape package 2. Any additional NPP changes including updated mitigation standards vu'e haV*1!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 n 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. 12.3.9 Draft 42 ENVIPONMENThlLY seksii�:vt.'i.Rnas • 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 5i�!iSE'1'E 12.3.9 Drat 43 �'� �"� ,rE E.Fh:3,