It’s the town’s “DR” zoning classifications that brings the desert and rural “DR” lifestyle to the doorstep of every Creeker. Proponents of the Open Space Agreements claim that these Agreements protect the town’s desert and rural “DR” zoning while adding 4,000± acres of additional open space to the town.
This is a claim that the math does not support. Numbers don’t lie.
Desert and Rural “DR” Zoning:
There are four DR zoning classifications under the town’s ordinances: DR-190 requires a minimum of 190,000 sq. ft. (4.36 acres) per parcel; DR-89 requires a minimum of 89,000 sq. ft. (2.04 acres) per parcel; DR-70 requires a minimum of 70,000 sq. ft. (1.6 acres) per parcel; and DR-43 requires a minimum of 43,000 sq. ft. (0.99 acre) per parcel. DR zoning protects residential property rights by ensuring that the minimum square footage is contained in the DR zoning classification assigned to each parcel.
The town ordinance contains a defined purpose for our desert and rural “DR” zoning: “Purpose: The purpose of the Desert Rural (DR) zone is to prevent urban and desert land use conflicts by protecting scenic vistas, protecting natural habitats and natural features such as hillsides and washes, and to ensure that residential development is harmonious and sensitive to the natural environment.” [source: Town Ordinance, Chapter 2, Sec. 2.1(A), pg. 1.]
The Open Space Agreements have nothing to do with the purchase of Spur Cross Conservation Area. There are four Open Space Agreements: Apache Springs Wash, Rogers Wash, Willow Springs Wash, and the Core Site Agreement. Under the four Agreements there are no DR-190-zoned parcels and no DR-89 zoned parcels. When the required calculation for streets and right-of-ways are calculated there are no parcels assigned a DR-70 zoning classification that contains the minimum 70,000 sq. ft. required for a DR-70 zoning classification. The size of each parcel is further reduced when washes, retention basins, terrain and topography are calculated. When the required calculation for streets and right-of-ways are calculated there are no parcels assigned a DR-43 zoning classification that contains the minimum 43,000 sq. ft. required for a DR-43 zoning classification. The size of each parcel is further reduced when washes, retention basins, terrain and topography are calculated. And, because every residential parcel required under the Agreements will be less than two acres in size there will be no horse properties and no ranch use activities allowed under town Ordinance Chapter 2.
How do the Open Space Agreements protect our desert and rural lifestyle when the required residential parcels have been assigned a DR zoning classification that does not contain the town-ordinance required minimum square footage for the DR classification assigned to each parcel? How do the Open Space Agreements preserve and protect our western lifestyle when every parcel will be less than two acres, making every parcel too small for horse property and the ranch use activities under Chapter 2 of our town’s ordinances?
Agreement details about the purchase of the Open Space:
The amount of open space acreage and the amount of acreage which is to be retained by the State Land Department and sold to developers has been specified in each Agreement. The town has the option of purchasing the acreage identified as open space which, under our town ordinances, is defined as major peaks and ridges, mountains, major rock outcrops, view corridors, and major wash areas which are subject to periodic flooding. The State Land Department retains the land designated for residential development under each Agreement for sale at auction to developers. When/if Creekers purchase the open space land it will enable the State Land Department to sell to developers the land determined to be viable for residential development. In turn, it will enable developers only to purchase developable land. Yet, the open space land --- the amenity purchased by Creekers --- will be marketed by developers as an amenity to entice new home buyers.
Decision Time.
On October 19, 2015 the mayor and town council members voted unanimously to hire and pay Steve Betts $5,000 per month to facilitate a purchase or lease of some or all of the open space land before the mayor and council election in 2016. If this occurs, it is the Creekers who live here today who will be financially committed under the Agreements, not the new residents who will live here under the four Open Space Agreements.
At some point in the future the State Land will be sold and the houses will be built. The decision Creekers still have time to make is deciding whether we want these houses built within our borders or whether we want these houses built outside our borders. Doing nothing and allowing the Agreements to expire at the end of their 20-year term ensures that the houses will be built within our borders. Withdrawing from the Agreements and de-annexing the property won’t stop the building of the houses but it will stop the building of the houses within our borders. When these houses with their red-tile roofs and Disneyland-desert front yards are built outside our borders Creekers will still be able to claim that we are a town where our desert and rural lifestyle and our open space co-exists in a way that is harmonious and sensitive to the natural environment.
Do the math:
Apache Springs Wash Agreement: Under this Agreement the total acreage listed is 720 acres. There are no open space conservation-zoned acres but the town can purchase 340 open space recreation-zoned acres, with the State Land Department retaining ownership, for sale to developers, of the remaining 380 acres under the Agreement. On these 380 acres that are to be retained by the State Land Department for sale to developers there are 380 single family homes required to be built. These 380 residential parcels have been assigned the town’s DR-43 zoning classification. However, when streets, right-of-ways, washes, retention basins, terrain and other topography are calculated, these 380 DR-43 zoned parcels will be reduced in size and no longer adhere to the minimum 43,000 sq. ft. lot size required for a DR-43 zoning classification. In fact, the lot sizes will be too small to qualify for any DR zoning classification.
In accordance with our town’s zoning ordinances, these 380, DR-43 residentially zoned parcels should have been classified with the town’s Single Residence “SR” zoning classification, not DR-43.
Rogers Wash Agreement: Under this Agreement the total acreage listed is 3,960 acres. There are no open space recreation-zoned acres but the town can purchase 1,900 open space conservation-zoned acres, with the State Land Department retaining ownership, for sale to developers, the remaining 2,060 acres under the Agreement. On these 2,060 acres that are to be retained by the State Land Department for sale to developers there are 2,060 single family homes required to be built. These 2,060 residential parcels have been assigned the town’s DR-43 zoning classification. However, when streets, right-of-ways, washes, retention basins, terrain and topography are calculated, these 2,060 DR-43 zoned parcels will be reduced in size and no longer adhere to the minimum 43,000 sq. ft. lot size required for a DR-43 zoning classification. In fact, the lot sizes will be too small to qualify for any DR zoning classification.
In accordance with our town’s zoning ordinances, these 2,060 DR-43 residentially zoned parcels should have been classified with the town’s Single Residence “SR” zoning classification, not DR-43.
Willow Springs Wash Agreement: Under this Agreement, the total acreage listed is 768 acres. There are no open space recreation-zoned acres but the town can purchase 648 open space conservation-zoned acres, with the State Land Department retaining ownership of the remaining 120 acres under the Agreement for sale to developers. On the 120 acres the State Land Department will retain and sell to developers there are 75, DR-70-zoned single-family homes required to be built, each on 1.6 acre-sized parcels. However, when streets, right-of-ways, washes, retention basins, terrain and topography are calculated, these 75, DR-70 zoned parcels will be reduced in size and no longer adhere to the minimum 70,000 sq. ft. lot size required for a DR-70 zoning classification
In accordance with our town’s zoning ordinances, the zoning classification for these 75, DR-70 zoned parcels should be DR-43, not DR-70.
Core Site Agreement:
Surrounded by hundreds of acres which are already zoned General Commercial and Commercial Buffer, the Core Site Agreement consists of 1,878 acres. But, unlike the other three Agreements, the Core Site Agreement does not specifically state the zoning classifications and acreage amounts applied. Exhibit “C” attached to the Agreement lists the zoning acreage totals for all four Agreements and supports the claim by proponents of there being 4,000± acres of open space. Attached as Exhibit “C-1” to the Agreement is a document that includes the zoning classifications assigned to the acreage in the Core Site Agreement.
Zoning Classifications under Core Site Agreement:
Based on Exhibit C-1, the Core Site Agreement’s zoning classifications are: Open Space Conservation, Open Space Recreation, DR-70, DR-43 and Commercial Core (CC).
Open Space Conservation:
Exhibit “C” lists the combined Open Space Conservation zoned acreage for all four Agreements at 2,852 acres. As detailed above, the Open Space Conservation-zoned acreage under the Apache Wash, Rogers Wash and Willow Springs Agreements is 2,548 acres. Therefore, the number of acres zoned Open Space Conservation in the Core Site Agreement should be: 304 Open Space Conservation acres. [2,852 minus 2,548 = 304.]
Open Space Recreation:
Exhibit “C” lists the combined Open Space Recreation zoned acreage for all four Agreements at 1,160 acres. As detailed above, the Open Space Recreation-zoned acreage under the Apache Wash, Rogers Wash and Willow Springs Agreements is 340 acres. Therefore, the number of acres zoned Open Space Recreation in the Core Site Agreement should be: 820 Open Space Recreation acres. [1,160 minus 340 = 820.]
DR-70:
The Willow Springs Agreement is the only Agreement besides the Core Site Agreement containing a DR-70 zoning classification. The Willow Springs Agreement lists 120 acres zoned as DR-70. Exhibit “C” lists the combined acreage classified with DR-70 zoning at 360 acres. Therefore, the number of acres zoned DR-70 in the Core Site Agreement should be: 240 DR-70 zoned acres. [360 minus 120 = 240.]
DR-43:
Exhibit “C” lists the combined acreage under all four Agreements classified with DR-43 zoning at 2,644 acres. As detailed above, the DR-43 zoned acreage under the Apache Wash, Rogers Wash and Willow Springs Agreements is 2,440 acres. Therefore, the number of acres zoned DR-43 in the Core Site Agreement should be: 204 DR-43 zoned acres. [2,644 minus 2,440 = 204.]
Commercial Core:
As detailed above, the Agreements contain 1,568 acres of open space conservation, open space recreation, DR-70 and DR-43 acres. Therefore, because “Commercial Core” is the remaining zoning classification, the number of acres that can be classified as Commercial Core zoning consist of the remaining acres, or 310 acres. [1,878 minus 1,568 = 310.]
Core Site Agreement: Open Space Conservation: 304 acres; Open Space Recreation: 820 acres; DR-70 zoning: 240 acres; DR-43 zoning: 204 acres; Commercial Core zoning: 310 acres, for the Core Site Agreement acreage total of 1,878 acres.
In summary, under the four Open Space Agreements, Creekers will pay on a property tax to buy land containing terrain and topography that financially prohibits residential development. The State Land Department will auction the remaining, developable land to developers. The financial investment by developers is thus minimized because they only to have to pay for land that has been pre-determined as financially viable for residential development. After the homes are built the developers will market the homes as being surrounded by open space -- the amenity purchased by Creekers, yet developers will have had no part in the purchase of the open space land.
Part 2 of this series will contain a discussion regarding the town’s financial requirements under these Agreements.
Janelle Smith-Haff
11/15/15
[email protected]
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This is a claim that the math does not support. Numbers don’t lie.
Desert and Rural “DR” Zoning:
There are four DR zoning classifications under the town’s ordinances: DR-190 requires a minimum of 190,000 sq. ft. (4.36 acres) per parcel; DR-89 requires a minimum of 89,000 sq. ft. (2.04 acres) per parcel; DR-70 requires a minimum of 70,000 sq. ft. (1.6 acres) per parcel; and DR-43 requires a minimum of 43,000 sq. ft. (0.99 acre) per parcel. DR zoning protects residential property rights by ensuring that the minimum square footage is contained in the DR zoning classification assigned to each parcel.
The town ordinance contains a defined purpose for our desert and rural “DR” zoning: “Purpose: The purpose of the Desert Rural (DR) zone is to prevent urban and desert land use conflicts by protecting scenic vistas, protecting natural habitats and natural features such as hillsides and washes, and to ensure that residential development is harmonious and sensitive to the natural environment.” [source: Town Ordinance, Chapter 2, Sec. 2.1(A), pg. 1.]
The Open Space Agreements have nothing to do with the purchase of Spur Cross Conservation Area. There are four Open Space Agreements: Apache Springs Wash, Rogers Wash, Willow Springs Wash, and the Core Site Agreement. Under the four Agreements there are no DR-190-zoned parcels and no DR-89 zoned parcels. When the required calculation for streets and right-of-ways are calculated there are no parcels assigned a DR-70 zoning classification that contains the minimum 70,000 sq. ft. required for a DR-70 zoning classification. The size of each parcel is further reduced when washes, retention basins, terrain and topography are calculated. When the required calculation for streets and right-of-ways are calculated there are no parcels assigned a DR-43 zoning classification that contains the minimum 43,000 sq. ft. required for a DR-43 zoning classification. The size of each parcel is further reduced when washes, retention basins, terrain and topography are calculated. And, because every residential parcel required under the Agreements will be less than two acres in size there will be no horse properties and no ranch use activities allowed under town Ordinance Chapter 2.
How do the Open Space Agreements protect our desert and rural lifestyle when the required residential parcels have been assigned a DR zoning classification that does not contain the town-ordinance required minimum square footage for the DR classification assigned to each parcel? How do the Open Space Agreements preserve and protect our western lifestyle when every parcel will be less than two acres, making every parcel too small for horse property and the ranch use activities under Chapter 2 of our town’s ordinances?
Agreement details about the purchase of the Open Space:
The amount of open space acreage and the amount of acreage which is to be retained by the State Land Department and sold to developers has been specified in each Agreement. The town has the option of purchasing the acreage identified as open space which, under our town ordinances, is defined as major peaks and ridges, mountains, major rock outcrops, view corridors, and major wash areas which are subject to periodic flooding. The State Land Department retains the land designated for residential development under each Agreement for sale at auction to developers. When/if Creekers purchase the open space land it will enable the State Land Department to sell to developers the land determined to be viable for residential development. In turn, it will enable developers only to purchase developable land. Yet, the open space land --- the amenity purchased by Creekers --- will be marketed by developers as an amenity to entice new home buyers.
Decision Time.
On October 19, 2015 the mayor and town council members voted unanimously to hire and pay Steve Betts $5,000 per month to facilitate a purchase or lease of some or all of the open space land before the mayor and council election in 2016. If this occurs, it is the Creekers who live here today who will be financially committed under the Agreements, not the new residents who will live here under the four Open Space Agreements.
At some point in the future the State Land will be sold and the houses will be built. The decision Creekers still have time to make is deciding whether we want these houses built within our borders or whether we want these houses built outside our borders. Doing nothing and allowing the Agreements to expire at the end of their 20-year term ensures that the houses will be built within our borders. Withdrawing from the Agreements and de-annexing the property won’t stop the building of the houses but it will stop the building of the houses within our borders. When these houses with their red-tile roofs and Disneyland-desert front yards are built outside our borders Creekers will still be able to claim that we are a town where our desert and rural lifestyle and our open space co-exists in a way that is harmonious and sensitive to the natural environment.
Do the math:
Apache Springs Wash Agreement: Under this Agreement the total acreage listed is 720 acres. There are no open space conservation-zoned acres but the town can purchase 340 open space recreation-zoned acres, with the State Land Department retaining ownership, for sale to developers, of the remaining 380 acres under the Agreement. On these 380 acres that are to be retained by the State Land Department for sale to developers there are 380 single family homes required to be built. These 380 residential parcels have been assigned the town’s DR-43 zoning classification. However, when streets, right-of-ways, washes, retention basins, terrain and other topography are calculated, these 380 DR-43 zoned parcels will be reduced in size and no longer adhere to the minimum 43,000 sq. ft. lot size required for a DR-43 zoning classification. In fact, the lot sizes will be too small to qualify for any DR zoning classification.
In accordance with our town’s zoning ordinances, these 380, DR-43 residentially zoned parcels should have been classified with the town’s Single Residence “SR” zoning classification, not DR-43.
Rogers Wash Agreement: Under this Agreement the total acreage listed is 3,960 acres. There are no open space recreation-zoned acres but the town can purchase 1,900 open space conservation-zoned acres, with the State Land Department retaining ownership, for sale to developers, the remaining 2,060 acres under the Agreement. On these 2,060 acres that are to be retained by the State Land Department for sale to developers there are 2,060 single family homes required to be built. These 2,060 residential parcels have been assigned the town’s DR-43 zoning classification. However, when streets, right-of-ways, washes, retention basins, terrain and topography are calculated, these 2,060 DR-43 zoned parcels will be reduced in size and no longer adhere to the minimum 43,000 sq. ft. lot size required for a DR-43 zoning classification. In fact, the lot sizes will be too small to qualify for any DR zoning classification.
In accordance with our town’s zoning ordinances, these 2,060 DR-43 residentially zoned parcels should have been classified with the town’s Single Residence “SR” zoning classification, not DR-43.
Willow Springs Wash Agreement: Under this Agreement, the total acreage listed is 768 acres. There are no open space recreation-zoned acres but the town can purchase 648 open space conservation-zoned acres, with the State Land Department retaining ownership of the remaining 120 acres under the Agreement for sale to developers. On the 120 acres the State Land Department will retain and sell to developers there are 75, DR-70-zoned single-family homes required to be built, each on 1.6 acre-sized parcels. However, when streets, right-of-ways, washes, retention basins, terrain and topography are calculated, these 75, DR-70 zoned parcels will be reduced in size and no longer adhere to the minimum 70,000 sq. ft. lot size required for a DR-70 zoning classification
In accordance with our town’s zoning ordinances, the zoning classification for these 75, DR-70 zoned parcels should be DR-43, not DR-70.
Core Site Agreement:
Surrounded by hundreds of acres which are already zoned General Commercial and Commercial Buffer, the Core Site Agreement consists of 1,878 acres. But, unlike the other three Agreements, the Core Site Agreement does not specifically state the zoning classifications and acreage amounts applied. Exhibit “C” attached to the Agreement lists the zoning acreage totals for all four Agreements and supports the claim by proponents of there being 4,000± acres of open space. Attached as Exhibit “C-1” to the Agreement is a document that includes the zoning classifications assigned to the acreage in the Core Site Agreement.
Zoning Classifications under Core Site Agreement:
Based on Exhibit C-1, the Core Site Agreement’s zoning classifications are: Open Space Conservation, Open Space Recreation, DR-70, DR-43 and Commercial Core (CC).
Open Space Conservation:
Exhibit “C” lists the combined Open Space Conservation zoned acreage for all four Agreements at 2,852 acres. As detailed above, the Open Space Conservation-zoned acreage under the Apache Wash, Rogers Wash and Willow Springs Agreements is 2,548 acres. Therefore, the number of acres zoned Open Space Conservation in the Core Site Agreement should be: 304 Open Space Conservation acres. [2,852 minus 2,548 = 304.]
Open Space Recreation:
Exhibit “C” lists the combined Open Space Recreation zoned acreage for all four Agreements at 1,160 acres. As detailed above, the Open Space Recreation-zoned acreage under the Apache Wash, Rogers Wash and Willow Springs Agreements is 340 acres. Therefore, the number of acres zoned Open Space Recreation in the Core Site Agreement should be: 820 Open Space Recreation acres. [1,160 minus 340 = 820.]
DR-70:
The Willow Springs Agreement is the only Agreement besides the Core Site Agreement containing a DR-70 zoning classification. The Willow Springs Agreement lists 120 acres zoned as DR-70. Exhibit “C” lists the combined acreage classified with DR-70 zoning at 360 acres. Therefore, the number of acres zoned DR-70 in the Core Site Agreement should be: 240 DR-70 zoned acres. [360 minus 120 = 240.]
DR-43:
Exhibit “C” lists the combined acreage under all four Agreements classified with DR-43 zoning at 2,644 acres. As detailed above, the DR-43 zoned acreage under the Apache Wash, Rogers Wash and Willow Springs Agreements is 2,440 acres. Therefore, the number of acres zoned DR-43 in the Core Site Agreement should be: 204 DR-43 zoned acres. [2,644 minus 2,440 = 204.]
Commercial Core:
As detailed above, the Agreements contain 1,568 acres of open space conservation, open space recreation, DR-70 and DR-43 acres. Therefore, because “Commercial Core” is the remaining zoning classification, the number of acres that can be classified as Commercial Core zoning consist of the remaining acres, or 310 acres. [1,878 minus 1,568 = 310.]
Core Site Agreement: Open Space Conservation: 304 acres; Open Space Recreation: 820 acres; DR-70 zoning: 240 acres; DR-43 zoning: 204 acres; Commercial Core zoning: 310 acres, for the Core Site Agreement acreage total of 1,878 acres.
In summary, under the four Open Space Agreements, Creekers will pay on a property tax to buy land containing terrain and topography that financially prohibits residential development. The State Land Department will auction the remaining, developable land to developers. The financial investment by developers is thus minimized because they only to have to pay for land that has been pre-determined as financially viable for residential development. After the homes are built the developers will market the homes as being surrounded by open space -- the amenity purchased by Creekers, yet developers will have had no part in the purchase of the open space land.
Part 2 of this series will contain a discussion regarding the town’s financial requirements under these Agreements.
Janelle Smith-Haff
11/15/15
[email protected]
Do you have any comments? Let's s hear them. Share your thoughts, questions, or comments below. Just remember the rules: Be nice … be honest … or be deleted.
(All social media links are not currently active. To leave a comment or to read the comments of others please use "Comments" button.)
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