By Cindy Lee
Desert Foothills Scenic Drive Monument Sign. (Courtesy of Cindy Lee.)
In the Scottsdale General Plan 2001 ratified by voters in October 2002, the State Trust Land on Scottsdale Road between Happy Valley and Jomax Roads east to Hayden Road was included within the Recommended Study Boundary of the McDowell Sonoran Preserve. This land was also within the established Environmentally Sensitive Lands area and the Desert Foothills Character Area Plan. It was the hope of voters in 2002 that the City of Scottsdale would purchase and acquire that land to add to the Preserve. In May 2016, the Planning Commission recommended 7-0 for the City Council to approve the State’s resubmitted rezoning proposal case 19-ZN-2014 including the land along the Scenic Drive. A lot has changed since 2002, reflecting a series of agreements made by the City and the State. A brief history might help explain the good faith compromises and realities before us. Case 19-ZN-2014 seeks rezoning approval in 2016, but this is not the end of the story in itself. That chapter will be written by the citizens of Scottsdale.
In October 2002, the Scottsdale City Council approved major General Plan (GP) Amendment Case 4-GP-2002. This confirmed Rural Neighborhoods land use for the above-mentioned land along the Scenic Drive on Scottsdale Road and established use for the lands identified within the dotted lines of the GP Amendment area as shown on the 4-GP-2002 map.
4-GP-2002 Map
This GP Amendment was the culmination of work between the City of Scottsdale (COS) and the AZ State Land Department (ASLD) with input from the citizen community to “accommodate an enhancement of land values to justify the extent of reclassified lands.”
Scottsdale’s McDowell Sonoran Preserve State Trust Land Acquisition Update, page 7.
http://www.scottsdaleaz.gov/Asset53877.aspx
In 2001/2002, the State Land Commissioner had issued an Order to reclassify over 13,000 acres as “Suitable for Conservation”—at the City’s request—to help Scottsdale purchase and add this acreage to the smaller McDowell Sonoran Preserve originally established in the mid-1990s. In return, the City agreed to help the State recoup land value it had given up in reclassifying all this acreage for “conservation only” for Scottsdale’s benefit and purchase. GP Amendment Case 4-GP-2002 designated land use, densities and parcels for the remaining + 4,020 acres, including 76 acres of Low Intensity Resort and 40 acres of Neighborhood Center commercial land use, with “site to be determined” on the identified State Trust Land. Land uses, densities and identifying parcels within the GP Amendment area were established with approval of 4-GP-2002, but rezoning was not.
In 2014, in response to the City’s request to purchase an additional ~400 acres contiguous to the Preserve, ASLD submitted rezoning proposal 19-ZN-2014 for COS consideration. In order to accommodate the City’s request for 400 acres to be put up for auction for COS to purchase, ASLD requested zoning for the land uses with densities approved in 2002 that were never rezoned. This was unfinished business.
The Greater Pinnacle Peak Association/Friends of the Scenic Drive (GPPA) began its opposition campaign in May 2014 with articles by Les Conklin:
https://apeekatthepeak.org/scenic-drive-post-1-roadside-sprawl-heading-our-way/
A review of the State’s 19-ZN-2014 rezoning proposal showed the transfer of 40 acres of Commercial use and 26 acres of Resorts/Tourism use from the “site to be determined” positions on the 4-GP-2002 Map onto the east side of Scottsdale Road between Happy Valley and Jomax Roads. Particularly egregious was the 40 acres of Commercial use transferred into land designated as Rural Neighborhoods within the Desert Foothills Character Area Plan. Scottsdale’s GP 2001 allows for low-density resorts within Rural/Rural Desert Character Types but does not include commercial use.
http://www.scottsdaleaz.gov/Assets/ScottsdaleAZ/General+Plan/General+Plan.pdf
GP 2001, page 45:
“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 unique natural environments. These districts provide a rural lifestyle that includes preservation of the desert character. The identity and natural desert character of this district should be strengthened and maintained by preventing encroachment of nonconforming uses….”
GPPA produced numerous articles and three YouTube videos educating and informing Scottsdale citizens about the proposed rezoning case 19-ZN-2014. GPPA Board of Directors held multiple meetings with City and State staff. GPPA organized a public open meeting on May 20, 2015 attended by 191 Scottsdale citizens including one City Council member. Citizens were very vocal and articulate in their opposition. Hundreds signed GPPA petitions.
Ultimately, the ASLD recognized the degree of opposition, removed the 40 acres of commercial use from the 2016 resubmitted rezoning proposal and divided the 76-acre Resorts/Tourism “baby” into two 38-acre parcels of R-4R zoning: one east of Pima Road and one on Scottsdale Road. That was a compromise North Scottsdale homeowners could and did support: 38 acres with 286 units density vs 26 acres of comparable density PLUS 40 acres of commercial development in the same area.
Map showing latest 19-ZN-2014 with 2016 rezoning with 76 acres of Resort/Tourism divided into equal 38-acre parcels.
In reality, the City of Scottsdale has a greater obligation to fulfill its part of the Preserve bargain than does the ASLD to accommodate the rezoning objections of Scottsdale citizens. Taken from Page 3 of the Planning Commission Report | State Trust Land – North Scottsdale (19-ZN-2014):
http://eservices.scottsdaleaz.gov/planning/projectsummary/pc_reports/PC_19_ZN_2014.pdf
“State Trust Land is not public land, but land that is held in trust and managed for the sole purpose of generating revenues for the 13 State Trust land beneficiaries, the largest of which is Arizona’s K-12 public schools. State Trust lands were granted to Arizona by the federal government under the provisions for Arizona’s statehood in 1912.”
One might argue that the ASLD could take legal action on behalf of the State Trust land beneficiaries should the City deny the State their recovery of land value loss owed to them by COS. There is no way of knowing whether or not the Planning Commission would have recommended and the City Council—well aware of their obligation to the State—would have approved the original proposal WITH the 40 acres of commercial rezoning, had the State proceeded without addressing citizen input and responding with adjustments as they did, including the removal of the 40 commercial acres. Homeowners expressed their appreciation.
Quoting from the “State land rezoning” article by Howard Myers and Jim Heitel published in the Sonoran News on December 17, 2014:
http://www.sonorannews.com/archives/2014/141217/news-rezoning.html
“This rezoning is to complete an agreement made back in 2002 that benefitted Scottsdale’s effort to preserve as much land as possible and resulted in Scottsdale being able to buy about 16,600 acres of State Trust Land at very reasonable prices, including 13,000 acres north of the McDowell Mountains. It also allowed Scottsdale to get significant matching funds from the state Arizona Preserve Initiative (API) land acquisition fund to help pay for all that land. Without this agreement, Scottsdale would not have been able to buy all the land for the Preserve it has acquired from the State so it is important to honor the agreement that made this possible.”
Desert Foothills Scenic Drive Entry Sign. (Courtesy of Cindy Lee.)
Twice before, Scottsdale voters approved to tax themselves to purchase land for the Preserve. With the purchase of the 400 acres the City intends to acquire for the Preserve, those funds will be nearly depleted. In today’s economic climate, the City’s view is that Scottsdale voters are unlikely to approve sufficient funding to purchase the remaining valuable land not reclassified for “Conservation Open Space.” The election results of the November 2015 Bond Initiatives would tend to support that view.
ASLD’s rezoning case 19-ZN-2014 proposes to rezone 38 acres of Rural Neighborhoods land use into Resorts/Tourism use with R-4R zoning, which allows for resort, timeshare or townhouse development. HOWEVER, the citizens of Scottsdale can decide if the land is to be purchased by a developer or if the City will buy it to be added to the Preserve.
GPPA takes the position that we support the ASLD’s resubmitted proposal reducing 40 acres of commercial plus 26 acres of resorts/tourism use on Scottsdale Road to 38 acres of resorts/tourism use only, keeping the rest as Rural Neighborhoods with single-family residential zoning. GPPA has confirmed with City staff that the height restriction will be maximum 24 feet. GPPA will stay involved in the future with any design and development review proposed in the Scenic Drive open desert land we cherish. This land continues to have the protective overlays of Environmentally Sensitive Lands area and Foothills Character Area Plan, the latter of which GPPA Board member Les Conklin worked tirelessly with others to create and establish in 1999.
GPPA has asked for a Task Force to be created to investigate funding options in the hopes of adding lands within the Recommended Study Boundary to the McDowell Sonoran Preserve. This was the original wish of the voters in 2002. It continues to be the desire of GPPA’s Board of Directors and members and local homeowners. This dream can still become a reality if this is the will of the people of Scottsdale and if there is enough drive, momentum and participation to try to make it happen in 2016 and beyond.
Related Articles
Scottsdale’s Scenic Drive and Public Notice for Zoning Case 19-ZN-2014
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