CIELO MADERA ESTATES APPROVED BY PIMA COUNTY

Pima County Development Services staff granted preliminary approval for the Kettenbach Family to proceed with their plan to build a 180 home "conservation subdivision" on land they own near the entrance to Madera Canyon. As we reported earlier, at the first hearing before the Board of Adjustment, the board, in a 2 – 2 tie vote, failed to act on the Friend’s appeal of staff’s interpretation of the Conservation Subdivision Ordinance. In another set back for conservationists, the Pima County Board of Adjustment (BOA) also turned down the Friend’s request for reconsideration and a rehearing to review the staff's decision. Thus, the important issues raised in the Friend’s appeal to the BOA were never decided on the merits.  How can development issues that directly affect Madera Canyon be decided by a tie vote?

The fate of Madera Canyon may well have been decided when a District 4 BOA member and Green Valley resident missed the meeting that was scheduled to hear the Friend’s challenge. He appeared at the next BOA meeting where our request to reconsider was to be heard. His was the fifth or deciding vote that could have made the difference. When it came time to consider the Friend’s request for reconsideration the BOA went into "executive session" and left the hearing room so they could discuss the issue in private.  Returning about an hour later the BOA had seemingly made their decision as the Chairman asked if there was a motion. With none forthcoming, the Friends objected and noted that the BOA had not even had the courtesy to hear our arguments in favor of reconsideration. The BOA relented and reluctantly permitted the Friend's lawyer to make the case for reconsideration and a decision on the merits. Thereafter, the BOA chairman asked if there was a motion. The silence in the room was deafening and disturbing. District 4's representative on the BOA never uttered a single word throughout the hearing, and did not vote or argue for reconsideration. 

Madera Canyon's fate was again decided by procedure. With no motion being made, the Friend’s request for reconsideration was defeated without a vote.

As of August 28, 2008, no decision had been made on how to proceed. Pima County's developer friendly attitude makes for a long uphill battle. 

Let us hear from you on how you feel about this situation. Are you willing to commit financial resources to save Madera Canyon’s ecosystem for future generations? Write, email, or make a contribution to the Friends. The fate of Madera Canyon is hanging in the balance and it is time for action. Otherwise, developers will pave paradise and create a parking lot …or urban style development at the entrance to Madera Canyon.

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