HomeMy WebLinkAboutMinutes - Environmentally Sensitive Lands Task Force - 1/14/2010 ,!.Z9,4)
1.11ENVIRONMENTALLY
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Environmentally Sensitive Lands (ESL)
Public Advisory Committee (PAC)
Meeting #13
Thursday, January 14, 2010
4 p.m.
Hopi Conference Room
Development Services Building
11000 N. La Canada Dr.
1. Call to Order
2. Cultural resources update
3. Continued review and discussion of Section III.C.3., Open Space
Requirements
4.. Discussion of Future Agenda Items
5.. 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."
AvLY 4,4. MEETING SUMMARY
04, rxtv Town of Oro Valley
ENVIRONMENTALLY SENSITIVE LANDS (ESL)
PUBLIC ADVISORY COMMITTEE MEETING # 13
40 Nolo 1a't {:>r: `# N• E:
January 14, 2010
4-6p
HOPI CONFERENCE ROOM
11000 N. LA CANADA DR.
PAC Members Present:
Doug McKee
Steve Solomon
Bill Adler
Don Chatfield
PAC Members Absent:
Don Chatfield
Steve Taillie
Oro Valley ESL Team Members Present:
David Williams
Bayer Vella
Karen Berchtold
Joe Andrews
1. Call to order at 4:04 pm
2. Cultural resources update
Bayer estimated that two additional meetings will be needed to complete the Cultural Resources section.
Bill observed that the cultural resource element is a potential hurdle because the evaluation process is
different than for environmental resources. He is concerned the Historic Preservation Commission will
want to review resources on an ongoing basis and make the review process burdensome.
3. Continued review and discussion of Section III.C.d., Open Space Requirements
Bayer and David continued discussion on this section.
The PAC will need to develop a strong definition of open space for Chapter 31, one which can hold up to
possible challenges in the rezoning process. One possibility is that the definition includes all resource
areas, as well as restored linkages.
Joe Andrews offered that keeping "open space" in the section title is a benefit.
Bill noted that"restored" needs to be defined. The resource maps include delineation of desired linkages.
Open space swaps should be to give up lesser quality open space.
The group discussed treatment of cultural resources and agreed they are comfortable as long as flexible
standards are included.
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The group considered preservation priorities, such as scenic resources vs. steep slopes, and wondered if
scenic resources should be ranked higher.
Natural Open Space Standards
Staff reiterated that easement dedication cannot be a requirement. Steve Solomon noted the standard
for"restoration" needs to be well-defined, or may be highly burdensome for developer. The group
discussed maintenance options.
Open Space Planning Tools
Don Chatfield noted that the term "wildlife permeable" is referenced frequently; a standard is needed and
he will followup on it. In Pima County, four acre lots is the standard.
The group discussed the issue of whether/how to build flexibility into the open space requirements,
observing that providing it in effect invites developers to ask. The group discussed possible criteria for
flexibility and how they relate to economic development, noting that should not be only purpose.
4. Discussion of Future Agenda items
Staff will be meeting with the major landowners on January 22, from 2-4 pm, Hopi Conference Room.
The next PAC meeting will be on January 28.
5. Meeting adjourned at 6 p.m.
Prepared by:
Karen Berchtold
Acting Principal Planner
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Open Space DRAFT 1/13/10
This Section, III.C.3, is an updated excerpt from the ESL DRAFT dated 12.3.09. It is intended
for PAC review and discussion.
3. Open Space Requirements
A. Natural Open Space (NOS)
In order to preserve sensitive environmental conditions, retain and
protect meaningful desert open space, conserve scenic resources,
mitigate hazards and promote the health, safety and welfare of the
public, acreage containing environmentally sensitive resources shall
be set aside as Natural Open Space (NOS). Natural Open Space, as
defined in Chapter 31, means any natural, completely undisturbed,
desert area.
B. General Requirements for Natural Open Space(NOS)
1. Required NOS must be configured to provide permanent
protection for specified minimum percentages of identified
resource categories The NOS requirements for lands included in
the ESLS are indicated in Section IlI.C.2 and are summarized in
Table 111-2, below.
Table 111-2
Natural Open Space Requirements
Resource Type ESLS Minimum Open
Category Space
Major Wildlife Linkages Major Wildlife 100%
Linkage
Riparian Areas Critical Resource 95%
Rock Outcrops and Boulders Critical Resource 95%
Core Resource $0%
Wildlife Habitat and
Multiple Use 66 2/3%
Mgmt.
Distinctive Vegetation Core Resource 80%
Cultural Resources Cultural Resource
Resources Dependent
Scenic Corridors Scenic Resources Resource
Park Viewsheds Dependent
Topography
Slopes 15-24% Hillside Areas Resource
Peaks & Steep Slopes (25%) Dependent
1.13.10 1 Draft
2. Development must be focused in the non-open space areas of the
site. Required natural open space must be comprised of 100%
natural, undisturbed, desert area.
3. Priorities for natural open space areas are established in a
hierarchical manner. The resource categories requiring the
greatest amount of open space have the greatest priority in
designating NOS areas.
4. Connectivity of NOS areas is essential in maintaining ecosystem
function. Restoration of areas that connect identified
environmentally sensitive lands is intended.
a. Areas that provide connectivity to the mapped, natural
open space system must be identified, preserved and
restored as determined by the Planning and Zoning
Director.
b. Restored connector areas are credited on a 1:1 ratio
toward minimum NOS requirements. Restored connection
areas and their treatment must be identified in the NPPSM
plan.
5. Criteria for NOS Selection and Location
The location of NOS on a site plan or preliminary plat shall provide
protection in a hierarchical manner related to each of the resource
categories. The most sensitive resource categories, Major Wildlife
Linkages and Critical Resource Areas are intended to receive the
greatest degree of protection.
The following criteria will be used to further guide the selection
and location of NOS. Planning and Zoning Director approval of
NOS selection and location is required.
a. Primary Criteria. The following criteria are listed in the
order of ESLS priority.
(1) Inclusion of riparian areas, associated wildlife linkages
and connector areas, particularly where located
adjacent to major public preserves including Tortolita
Mountain Park, Catalina State Park or the Coronado
National Forest.
(2) Continuity of open space within the development
project with open space in adjacent property and
developments or major public preserves as listed
above.
(3) Preservation of slopes over 25 percent.
(4) Inclusion of critical resource features, including rock
outcroppings and boulders.
1.13.10 2 Draft
(5) Preservation of distinct, native vegetation.
(6) Preservation of scenic resources along identified
roadway corridors and public parks and slopes of 15 to
24 percent.
(7) Preservation of cultural resources.
b. Community Design Criteria. The following open space
criteria are secondary and are only considered once the
primary criteria, listed above, have been satisfied.
(1) Distribution throughout the developed area and
avoidance of concentration in one location.
(2) Location that is visible from streets or common areas.
(3) Location in areas where a buffer is desirable along
property boundaries.
c. Priority Changes
Maintaining resource priorities is critical. Exceptions, such
as a major cultural resource site, may be approved by the
Town Council, upon affirmative recommendation from the
Planning and Zoning Director.
6. Minimum NOS dimensions
a. Area. The minimum contiguous area for NOS is four
thousand (4,000) square feet.
b. Horizontal. The minimum horizontal dimension for NOS
areas is thirty (30) feet, except that the minimum horizontal
dimension for NOS located along roadsides will be twenty
(20) feet.
c. Modification. The Planning and Zoning Director may
approve modifications to the minimum NOS dimensions
set forth above, subject to the following criteria:
(1) The NOS location standards set forth in Section
IIICx8=5 are met.
(2) Landscape connectivity and open space linkages are
maintained.
(3) Reductions in dimensions will maintain NOS areas that
provide habitat value, are easily recognizable, and will
not result in maintenance problems due to their
proposed locations.
(4) 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 NOS Dimensions)
1.13.10 3 Draft
7. NOS distribution within Planned Area Developments (PADs).
Where a master developer elects to provide NOS in excess of the
minimum NOS requirement for specific development sites, any
excess NOS may be credited against NOS requirements for other
development sites within a master planned PAD, if approved by
the Town Council. NOS may be credited as follows:
a. Any excess NOS credits shall be shown as part of an
Open Space Master Plan.
b. The Open Space Master Plan shall identify any excess
NOS by development project and allocate any excess NOS
to specific development locations elsewhere within the
Open Space Master Plan.
c. The excess NOS must provide improved protection for the
most sensitive resources, in accordance with the priorities
listed above, including open space connectivity.
d. The Open Space Master Plan developer is required to
authorize any excess NOS allocation in writing to the Town
as part of any submitted Open Space Master Plan.
C. NOS Standards
1. The open space requirements of the ESLS 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 NOS shall be permanently maintained. The
applicant shall demonstrate to the satisfaction of the Town that the
entire NOS area will be permanently maintained as natural open
space through easements to be enforced via donation or
dedication to the Town, HOA and/or conservancy, land trust or
similar entity that has goals and purposes consistent with
permanently maintaining NOS and can demonstrate its ability to
maintain the NOS to the satisfaction of the Town.
3. Easements must be provided prior to the approval of rezoning,
development plan or plat. Said easements will be included on
documents upon official recordation.
4. The easement must demonstrate that maintenance of the NOS
will include:
a. Trash removal, elimination of invasive plant species and
restoration of areas degraded by human activity during the
last 50 years.
1.13.10 4 Draft
b. NOS located in a common tract owned by a homeowners
association shall be maintained through a common
maintenance agreement.
5. Common area or tract NOS locations and boundaries, including
precise acreage, shall be shown on the subdivision plat and/or
development plan.
6. Required NOS must be platted separate from any developable lot.
7. In no event shall the provisions of this section require greater area
of NOS than required by Section III. .
D. Open Space Planning Tools
This section includes mechanisms, standards and criteria to evaluate
requests for flexibility in meeting ESL open space requirements. Use
of these tools when approved by the Town Council is intended to
support overall General Plan goals and policies.
1. NOS Flexibility
The Town Council may approve requests for flexibility in the
amount of NOS provided on an individual site.
a. Eligible Reductions
In order to be eligible for a NOS reduction, the following
standards apply:
(1) Major Wildlife Linkage: No reduction eligible.
(2) Critical and Core Resource Areas: 10 percent
maximum reduction.
(3) Multiple Use Management Areas: 25 percent
maximum reduction.
b. Criteria
The following criteria shall be applied in evaluating
proposed changes in NOS. When these criteria are
positively supported, a reduction in minimum NOS may be
considered.
(1) The habitat value and ecosystem function are
maintained by preserving connectivity within and
adjacent to the site. Landscape connections, including
upland connector areas are equally conserved.
(2) Not adjacent to existing protected open space areas or
preserves.
(3) Not adjacent to riparian areas and floodplains.
1.13.10 5 Draft
(4) Not adjacent to wildlife permeable development
(development of 1 house to the acre or less has habitat
value).
(5) Development proposal is 'wildlife permeable.'
(6) Remaining open space area is a minimum 1 acre when
adjacent to open space areas, preserves, or riparian
areas.
(7) Adjacent to land committed to development of 1 RAC
or greater.
(8) The area is isolated and lacks connectivity to other
environmentally sensitive resources.
c. Resource Priorities
Relative resource priorities as identified in Section
III.C.3.B.5 shall be applied to guide open space design
when NOS flexibility is requested.
d. Essential Services
(1) Disturbances for improvements essential to public
health and safety, including minimal vehicular access,
may be approved by the Town Council.
Communications, water, sewer and drainage
infrastructure are included as essential services.
(2) Areas disturbed as a result of providing flexibility for
essential services must be mitigated at a ratio of 1:1.
_._.............___.
Mitigation shall be in accordance with Section
NPPSM. Mitigation areas may be located on the
property or elsewhere in the Town, as approved by the
Town Council.
e. Off-Site Mitigation
As a component of NOS flexibility, NOS may be provided
on an alternative, off-site land parcel subject to the
following:
(1) Off-site mitigation proposals must further the purposes
of the ESL regulations.
(2) The resources must be the same or more restrictive
category for the proposed off-site area.
(3) Mitigation must be provided on a 1:1 ratio.
2. Approved Cultural Resources Site
Land designated as a permanently protected cultural resources
site in accordance with an approved treatment plan shall qualify
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as required NOS on a 1:1 basis (each square foot of cultural
resource site shall equal 1 square foot of required NOS) as
determined by the Planning and Zoning Director.
3. Density Incentive for Increases in NOS
a. A density incentive bonus up to 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 NOS than is required in Section III.C.
b. The increase in density is calculated by multiplying the
area of the parcel to be provided as additional NOS, times
the base density as established in Table 111-3.
c. The bonus must be approved by the Town Council after
notice and public hearing as provided in Section_(public
hearing procedures), and meet the following criteria:
(1) The incentive must be calculated using the base NOS
standards for the development project.
(2) The additional NOS must be natural, undisturbed
desert area and cannot include revegetated areas.
(3) The additional NOS must be located in accordance
.............................._.____.__
with the criteria in Section 111;C. :8: .
(4) The additional NOS shall be provided in common area
or separate tracts and cannot be located on an
individual single-family lot.
1.13.10 7 Draft