status of the Cielo Madera development

as of August 1, 2008

by Carolyn Fowler

  After three tries before the Pima County Design Review Committee for approval of a 280 home cluster development which were rejected for various reasons, the property owners (Kettenbach family) went forward with a tentative plat sketch for a conservation sub-division for 180 homes on one acre lots on a 744 acre site. After a review of the of the tentative plat plan by our Attorney, we found that the plat plan did not meet the requirements of the Conservation Subdivision to set aside areas of natural, undisturbed open space. Rather than conserving natural open space and wildlife habitat, the current design allows for a 65 foot wide and a 30 foot wide roadway grading of large areas of primary conservation area open space and the blocking of wildlife corridors. The existing design will impede wildlife migration across the site, and inevitably will increase traffic killings of wildlife in the area.

  With our Attorney we attended the June 10, 2008 Board of Adjustment hearing to appeal the Staff’s decision to approve the conservation sub-division plat. The Board of Adjustment is made up of five appointed members. At this hearing, only four members were present. The Board denied the appeal, and upheld the County’s approval of the Cielo Madera Subdivision. The ruling came by default because on a motion to grant our appeal, the vote was split two to two. Unfortunately, under parliamentary procedure a split vote results in a denial of the motion. Because the development as shown on the plat plan will have a profound effect on the ecosystem of the area, the Friends believes that the appeal should not be decided by a default determination of a split vote. At the hearing some members of the Board of Adjustment expressed concern that the plat plan allows for more density than would be permitted under the existing zoning on the property. At the time of the hearing the Friends had no concrete evidence that fewer than 180 units could be develolped on the site under existing zoning. We have since researched this and have requested a reconsideration of our appeal to be heard at the August 12 Board of Adjustment meeting where we will present competent evidence that the maximum yield for the property under existing zoning is less than the number of units proposed by the plat plan. We are continuing to work closely with U. S. Rep. Gabrielle Giffords' staff, along with Tucson Audubon and Arizona Open Land Trust in exploring all options that might ultimately lead to the conservation of this land as open space.   

  If you would like to help the Friends with its efforts to protect and preserve Madera Canyon, you may donate to the Defenders Committee, Friends of Madera Canyon, P.O. Box 1203, Green Valley, AZ 85622.  We are a non-profit organization and all donations are tax deductible. 

  There was an article in the ARIZONA STAR titled Tourists Dig Birds, Wildlife, “Nature Tourism” now worth $1.5 Billion a year to Arizona.  Madera Canyon and the Santa Rita Mountains are a big contributor.  Let’s hope that the Pima County staff read the paper.

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