Do The Supervisors Have The Muscle To Make Good Their Eco-Friendly Intentions?
By Jim Nintzel
TOUGH GOLF COURSE watering regulations? A stricter native
plants ordinance? Tighter development guidelines for hillsides
and floodplains? A re-examination of impact fees? All at a Pima
County Board of Supervisors meeting?
Yep--last Tuesday, May 19, the Board delivered on two development
ordinances. By midsummer, they may approve several more, with
county staff crafting more restrained-growth measures over the
next year.
There's little dispute that this was the first Board in county
history that had the political will to tackle these issues. Unlike
previous boards, which have essentially been owned by the Growth
Lobby, the current board had at least four of the five supervisors
who purport to have environmental leanings. But internal squabbles
had held up any kind of serious attempts to control growth until
a few months ago, when Republican Mike Boyd, apparently sensing
an increase in voter support for putting the brakes on growth,
put the topic on the agenda.
"The stars got in the right alignments," says Raul
Grijalva. "Last year, as chairman, if I had put that on the
agenda, it wouldn't have gone anywhere. This year, Boyd, the Republican,
puts it on the agenda and everyone takes notice of the item."
The pressure increased earlier this year, when the Arizona Legislature
passed a law prohibiting county supervisors from downzoning properties.
The bill, which only passed when Tucson senators Ann Day and Ruth
Solomon reversed themselves and supported the measure, went far
beyond merely restricting counties from downzoning property. It
also forced the county to get permission from all affected landowners
for any ordinance which would conceivably lower the value of a
given property. That meant that even simple conservation measures
aimed at hillside development couldn't be passed unless all hillside
owners in the county agreed with law. Sending county staff in
that direction would be "silly," as County Administrator
Chuck Huckelberry says.
Although the Board voted unanimously to sue the state to overturn
the new law, it also decided to act before it lost what little
power it had. Huckelberry's staff has been working hard to tighten
various loopholes and strengthen ordinances relating to native
plants, hillside development, floodplains, riparian areas and
sewers.
At the same time, the Administrator's Office has been laying
the groundwork for more sweeping work. In a hefty memo to the
Board on May 19, Huckelberry laid out a host of measures the board
should pursue, including steeper impact fees, incentives for affordable
housing and infill development, and regulation of wildcat subdivisions.
A major component of that package was a multi-species habitat
conservation plan Huckelberry hoped to develop with state and
federal wildlife officials. But the Board rejected his proposal,
opting to pursue the alternative Sonoran Desert Protection Plan
developed by a coalition of environmental groups. (See "The
Best-Laid Plans...," page 18)
Last week, the Board approved changes to native plant and buffer
ordinances. County staff hopes to have more ordinances ready for
approval in July.
But the longterm work--impact fees, affordable housing, infill
incentives, regulation of wildcat subdivisions--still faces an
uncertain future. Many of the proposals, particularly regarding
lot-splitting and impact fees, will require enabling legislation
from the statehouse, where lawmakers are cozy with the Growth
Lobby.
And much of the county Board's support rests on the District
4 election this fall, when appointed Supervisor Ray Carroll will
face two-term Tucson Unified School District Board member Brenda
Even and accountant Ken Marcus. Both Carroll and Marcus are running
on environmental platforms, while Even has been selling herself
to the Growth Lobby. If Carroll and Marcus split the green vote
and Even is able to win the seat, the development industry will
have a supervisor to carry its water.
Even if Carroll wins re-election, however, developers can still
avoid county regulations if they can manage to be annexed by a
local municipality like Marana or Oro Valley. And while restrained-growth
candidates have had recent success in Oro Valley, Marana remains
a playground for developers.
"It was a pretty good day," says Grijalva. "What
I'm kind of worried about is the follow-up stuff."
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