Agenda

Back to Calendar Return

AGENDA ITEM: 3.

Planning & Zoning Commission

Meeting Date:	11/08/2017
Requested by:	Bayer Vella
Submitted By:	Michael Spaeth, Community Development & Public Works
Case Number:	OV1701699

SUBJECT:

PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING THE PROPOSED TANGERINE-NORTH TYPE 1 GENERAL PLAN AMENDMENT TO EXTEND THE GENERAL PLAN PLANNING BOUNDARY AND APPLY A LAND USE DESIGNATION OF MASTER PLANNED COMMUNITY TO A STATE OF ARIZONA OWNED PROPERTY COMPRISING APPROXIMATELY 302-ACRES, LOCATED AT THE NORTHWEST INTERSECTION OF E. TANGERINE ROAD AND N. COYOTE CROSSING TRAIL AND BORDERED BY W. MOORE ROAD AND N. THORNYDALE ROAD, OV1701699

RECOMMENDATION:

Staff recommends approval of the proposed amendment, subject to the Special Area Policies listed in Attachment 1.

EXECUTIVE SUMMARY:

The purpose of this request is to consider a Type 1 General Plan Amendment application to extend the General Plan Planning Area Boundary and apply a land use designation of Master Planned Community (MPC) to an approximately 302-acre property owned by the State of Arizona. The property is located at the northwest intersection of E. Tangerine Road and N. Coyote Crossing Trail and bordered by W. Moore Road and N. Thornydale Road (see Attachment 2).

The Town Council initiated the proposed amendment in July 2017 as part of a collaborative effort with the Arizona State Land Department. As such, the Town of Oro Valley is the applicant working with property owner, the Arizona State Land Department.

The proposed amendment (Attachment 3) includes the following two requests related to the subject property:

Extension of the General Plan Planning Area Boundary

The Planning Area Boundary represents those areas, both within the current Town limits and those immediately adjacent, which can have an impact on development within Oro Valley. The request to extend the boundary is important for several reasons:

The property serves as a Gateway to the Town of Oro Valley along Tangerine Road;
There is a desire to see an Oro Valley style of development and infrastructure on the property; and
The property will impact adjacent Oro Valley properties;

As such, the Town is interested in being part of the discussion regarding any future development of properties within the Planning Area. This proposal does not change official Town limits, State ownership or existing development rights.

Applying a land use designation or Master Planned Community

"This land use designation represents areas where large developments with a mix of uses is planned and developed in a comprehensive manner with a unified design theme."

This area is envisioned to include a future mix of uses. The Master Planned Community designation serves as a "place holder" designation to allow for future zoning designed specifically for the property when those discussions occur in the future regardless whether it remains in Pima County or is annexed into the Town of Oro Valley or Town of Marana.

Several "Special Area Policies" (Attachment 1) have been developed which outline the broad parameters which the Town will require should the property develop as part of the Town of Oro Valley, or will advocate for should the property develop as part of Pima County or the Town of Marana. These policies would ensure consistency with Town requirements, specifically those regarding environmental resource conservation, neighborhood mitigation and effective land use transitions.

All General Plan amendment requests are reviewed for conformance with the overall Plan as well as specific amendment criteria. Upon review, staff has found this proposal is in conformance with the intent of the Your Voice, Our Future General Plan.

The Planning and Zoning Commission held the first of two required public hearings on October 3, 2017. No action was taken at that hearing. Several residents spoke at the meeting and the following issues were discussed:

Preservation of the property as Open Space
Future of the property
Water Conservation

This report addresses the issues discussed at the first public hearing. The original staff report (Attachment 4) contains the overall background and analysis related to the case.

The November 8, 2017 Planning and Zoning Commission meeting is the second required public hearing. During the meeting the Commission will again take public testimony and formulate a recommendation on the proposed amendment to Town Council.

BACKGROUND OR DETAILED INFORMATION:

The background information and analysis for the propose amendment can be found in the October 3, 2017 Planning and Zoning Commission staff report (Attachment 4).

A. DISCUSSION AND ANALYSIS

At the October 3, 2017 Planning and Zoning Commission meeting, the following issues and/or concerns were discussed (comments in italics):

1. Comment on preserving the property as open space and information regarding the Arizona Preserve Initiative (API): "This property is part of the unique environment surrounding the Tortolita Mountains and should be permanently preserved as open space. Has staff considered the merits of the Arizona Preserve Initiative as it relates to the preservation of open space in this area?"

Staff response: The property owner, the Arizona State Land Department, is mandated to sell State Trust Land for the highest possible amount as those monies are used to support the State Department of Education. As such, the property will be sold to the highest bidder. Should the highest bid be from an entity interested in preserving the property as open space in perpetuity, they could purchase the property.

Should the property develop as something other than open space, the Special Area Policies in Attachment 1 require (if developed in the Town) or recommend (if developed in another jurisdiction) the property to be mapped in accordance with the Town's Environmentally Sensitive Lands (ESL) Ordinance. The ESL Ordinance requires a qualified habitat biologist to map the environmental resources on the property to ensure the most sensitive resources (riparian areas and washes) are primarily avoided during the development process. The ESL requirements promote conservation subdivision design (e.g. clustering of homes) which result in substantial areas of contiguous open space being preserved.

The Arizona Preserve Initiative (API) was enacted by statute in 1998 to provide a process by which the State Land Commissioner could reclassify State Trust land as “suitable for conservation purposes.” Reclassification was permitted for the protection of “open space, scenic beauty, protected plants, wildlife, archaeology and multiple use values,” if such reclassification was also “in the best interest of the trust.” Per statute, such reclassified land could be sold or leased at public auction.

Pursuant to a petition process, approximately 120,000 acres were nominated for reclassification. The Commissioner approved reclassification of approximately 42,500 acres. The State Land Department received about 40 purchase applications for the reclassified land.

The ASLD proceeded to auction reclassified API lands, but only at appraised full market value without any limitation as to use. The applicants and successful bidders were all counties or municipalities who took advantage of matching funds provided by monies appropriated into the Land Conservation Fund created by the Legislature. No money remains in that fund. The ASLD has not accepted further API reclassification petitions because that process results in the same public auction as any other purchase application.

2. Comment regarding future plans for the property: "Why is the Town interested in annexing this property as it would most likely cost the Town money in the end? More details need to be provided regarding infrastructure improvements."

Staff response: The property owned by the Arizona State Land Department (ASLD) south of Tangerine Road, known as Tangerine 550, is within our current General Plan Planning Boundary and has been identified as a future growth area. In discussions regarding this property, ALSD approached the Town regarding interest in the subject property north of Tangerine Road. There are several factors for why the Town is interested in this property, which are outlined below:

Gateway to the Town: The property is adjacent to the Town's western border and serves as a "gateway" to the Town along Tangerine Road. As such, the Town wants to be involved in any future development discussions as the property is likely to have an impact on development within the Town;
Master Planning: As stated previously, the property south of Tangerine Road is currently within our General Plan Planning Area. Including the subject property in the same will allow the Town (should it develop in the Town) to comprehensively plan both properties as part of a Master Plan;
Services Boundary: The subject property is located within our existing Urban Services Boundary which represents those properties the Town intends to provide urban infrastructure (roadways, drainage, etc.) to in the future.

Annexation is entirely a separate process. Should the property owner choose to proceed with annexation, Town policy requires a financial analysis of, among other things, revenues and costs related to infrastructure and additional public services. This analysis is not conducted with this application, but rather as part of any future annexation proposal.

3. Comment regarding water conservation and the smart use of water in a desert environment: "Water conservation is a paramount concern for all desert environments. Has the Town considered the impact to water resources and implementing rainwater harvesting requirements?"

Staff response: The Special Area Policies require (if developed in the Town) or recommends (if developed outside the Town) future development to provide infrastructure improvements consistent with the requirements of our Town's Drainage Criteria Manual to ensure there are no post-development impacts to upstream or downstream properties.

Furthermore, should the property be developed as part of the Town, all projects will be required to meet or exceed our Town adopted Rainwater Harvesting requirements, which seek to "...supplement irrigation and reduce water use while supporting the area's flora and fauna."

B. PUBLIC PARTICIPATION

The draft October 3, 2017 Planning and Zoning Commission meeting minutes are provided as Attachment 5.

As of the date of this report, staff has received additional letters of objection to the proposed amendment, which are included in Attachment 6).

E. SUMMARY AND RECOMMENDATION

Based on the analysis provided in Attachment 4, staff finds the proposed amendment to be consistent with the Your Voice, Our Future General Plan. It is recommended that the Planning and Zoning Commission take the following action:

Recommend approval of the proposed Type 1 General Plan Amendment, subject to the Special Area Policies listed in Attachment 1.

SUGGESTED MOTION:

The Planning and Zoning Commission may wish to consider the following suggested motion for the proposed Type 1 General Plan Amendment:

I MOVE to recommend approval of the Tangerine - North Type 1 General Plan Amendment, subject to the Special Area Policies listed in Attachment 1, to extend the General Plan Planning Area Boundary to include the property and apply a land use designation of Master Planned Community, based on a finding that the Amendment is consistent with the amendment criteria and General Plan.

OR

I MOVE to deny the Tangerine - North Type 1 General Plan Amendment, based on a finding that _______________________________________________________.

Attachments
ATTACHMENT 1 - SPECIAL AREA POLICIES
ATTACHMENT 2 - LOCATION MAP
ATTACHMENT 3 - PROPOSED AMENDMENT
ATTACHMENT 4 - 10.3.2017 PZC MEETING STAFF REPORT
ATTACHMENT 5 - 10.3.2017 PLANNING AND ZONING COMMISSION MINUTES
ATTACHMENT 6 - NEW NEIGHBORHOOD CORRESPONDENCE