Posted By Cindy Lee on Jun 14, 2015

By Cindy Lee

AZ State Land Department has a proposal to transfer 40 acres of commercial rezoning and 26 acres of resort/tourism rezoning into state trust land on the east side of N. Scottsdale Road between Happy Valley and Jomax Roads. This land is currently zoned Residential Rural Neighborhood. It is also the location of the Scenic Drive Exhibit area. The state claims the land use rezoning is consistent with the 2001 General Plan (GP) and Major GP Amendment Case 4-GP-2002. In fact, this change does NOT comply with the policy document and planning vision represented by the 2001 General Plan adopted by the Scottsdale City Council on October 30, 2001 and ratified by Scottsdale citizens on March 12, 2002. This switch is also inconsistent with the Desert Foothills Character Area Plan adopted by Scottsdale in 1999 that serves as a further policy document for land use and preservation of desert open space and native vegetation in the area. A thoughtful analysis applying sound planning principles must be considered, balancing the intentions of these policy documents.

The Scottsdale General Plan 2001 reaffirmed six guiding principles established by CityShape 2020, upon which twelve elements were created, developed and adopted. http://www.scottsdaleaz.gov/Assets/Public+Website/generalplan/General+Plan.pdf

The first of these elements is the Character and Design Element. The first item (Page 43) under “Goals and Approaches”:

• “Determine the appropriateness of all development in terms of community goals, surrounding area character, and the specific context of the surrounding neighborhood.”

Map 4-GP-2002

“Suburban/Suburban Desert Character Types contain medium-density neighborhoods that include a variety of commercial and employment centers and resorts.” (2001 GP, Page 44)

The original site for the 40-acre commercial zoning Neighborhood Center (park, retail, office) in case 4-GP-2002 was placed on state trust land zoned Suburban Neighborhood east of Pima Road, north of Dixileta Dr. Resort/tourism zoning of 75 acres was sited northeast in the same area. See Map. [Map 4-GP-2002]

Commercial and resort development would sensibly support the medium-density residential suburban neighborhood as defined by the Suburban/Suburban Desert Character Types” in the General Plan 2001. “Site to be determined” within suburban neighborhood zoning would be consistent with the GP 2001 definition. Removing commercial and resort development from the area’s 2-4 homes/acre density deprives the Suburban Neighborhood zoning of planned services, and potentially DEVALUES the state trust land zoned for suburban neighborhood.

“Rural/Rural Desert Character Types contain relatively low-density and large lot development, including horse privilege neighborhoods and low-density resorts as well as areas with particularly sensitive and unique natural environments. These districts provide a rural lifestyle that includes preservation of the desert character…. Special care should be taken to preserve the natural character of the land….” (GP 2001, Page 45)

MAP 19-ZN-2014

Transferring 40 acres of PCC commercial zoning and 26 acres of R-4R resort/tourism zoning into the state trust land east of N. Scottsdale Road between Happy Valley and Jomax Roads— zoned Residential Rural Neighborhood in 4-GP-2002—represents a complete disregard for the Desert Foothills Character Area Plan (1999) and Foothills Overlay (2003) policies and Environmentally Sensitive Lands Ordinance (2004)—all of which apply to this neighborhood defined as “Rural/Rural Desert Character Types” by the GP 2001. [MAP 19-ZN-2014]

The level of community involvement—Scottsdale citizens, council members, commissioners and staff planners—represented by the creation and adoption of the Desert Foothills Character Plan underscores its importance in planning and decision making. “The essence of these goals is to balance the anticipated physical development in the area and the rural lifestyle of the residents with the sensitive lush upper Sonoran desert…. The vision, goals and strategies set forth in this plan detail a logical direction to preserve the character of this unique region of the city.” (Page 12) http://www.scottsdaleaz.gov/Assets/Public+Website/design/DesertFoothillsCAP.pdf

The Character Area Criteria included in the General Plan 2001 document (Page 22) state:

DFCAP (Desert Foothills Character Area Plan) Map which shows McDowell Sonoran Preserve Recommended Study Boundary designation.

“Character areas have been added to the city’s planning process in order to recognize and maintain the unique physical, visual and functional conditions that occur in distinct areas across the community. The city recognizes that these form a context that is important to the lifestyle, economic well being and long term viability of the community….

“If a proposal to change the land use category has not been clearly demonstrated by the applicant to comply with the guidelines and standards embodied within an approved character area plan it will be considered a major amendment. (Note: the character area plans that qualify for consideration as of November 2000 include the Desert Foothills Plan, Dynamite Foothills Plan,….).” (GP 2001, Page 23).

Based on the Goals and Approaches defined in the General Plan 2001 ratified in 2002, “site to be determined” for the commercial and resort/tourism development would be consistent within the Suburban Neighborhood zoning districts but inconsistent with the GP 2001 for placement miles away within the defined Rural Desert Character Area.

The state has not clearly demonstrated a sound planning rationale for switching 66 acres of commercial and resort/tourism development from the original site with Suburban Neighborhood density, shown on the map for 4-GP-2002, east of Pima Road and north of Dixileta Drive into the Rural Neighborhood land east of Scottsdale Road between Happy Valley and Jomax Roads along the Scenic Drive and exhibit area. Devaluing land in one area to increase the value of another area within the Recommended Study Boundary does not seem to be consistent with the vision of the 2001 General Plan or 4-GP-2002.

Jane Rau, Co-Founder, McDowell Sonoran Preserve; Past President, GPPA; Volunteer, Friends of the Scenic Drive paid tribute to honor the passing of Tony Nelssen in May 2010:

Tony was my kindred spirit in his enthusiasm, determination, and tenacity for preserving our precious Sonoran Desert. We worked together on so many things, including the protection of dark skies, burying power lines along the Scenic Drive, the protection of native plants, and the Great Sonoran. It took us 17 years to create and obtain approval of the Desert Foothills Overlay. Tony loved life and it’s so sad that he didn’t get to enjoy more of it. We’ll miss him.

To disregard in months in 2015 what took 17 years to establish in 1999 does not represent the wisdom and long-range vision of those who served before. Preservation of remaining undisturbed Sonoran desert should not be a privilege reserved only for those who reside contiguous to the current McDowell Sonoran Preserve.

The future of the Scenic Drive and planned preserve, remaining piece of natural open desert on Scottsdale Road and rural quality of life for citizens living in the Desert Foothills Character Area should be decided by more than four votes.