Rincon Valley Coalition not to Appeal District 4 Board of Adjustment Decision
Following the Board of Adjustment hearing, Rincon Valley Coalition received several recommendations from legal professionals familiar with the case to file an appeal in Superior Court. These recommendations were based on both the merit of the case and apparent procedural errors in the handling of the initial appeal to the Board of Adjustment. Coalition constituents also voiced strong support for an appeal.
The January 4, 2005, adoption by the Pima County Board of Supervisors of a zoning code text amendment (Ordinance No. Co8-04-07) was instrumental in Rincon Valley Coalition's decision not to proceed with an appeal to Superior Court. As understood by the Coalition, this ordinance modifies the residential development standards in both CB-1 and CB-2 zones such that Spanish Trail Estates, as platted, will ultimately comply with the new requirements. Thus, although the Coalition feels there is a high probability that an appeal to Superior Court would be successful, it is equally probable that the subdivision plat would be subsequently resubmitted and re-approved, without revision, under the revised development standards.
Nathan Riggle, coalition vice president, notes, "It's important to remember that although this began as citizen opposition to a suburban-density subdivision in a rural location, the case is really about Pima County staff’s failure to enforce the code. It's about an interpretation that wasn't that at all: it was essentially a staff revision of the code that was neither submitted to nor approved by the Board of Supervisors. Given that the interpretation was determined ten or fifteen years ago, was entirely contrary to the codified standards, was apparently recorded only as a notation in the staff copy of the code -- unavailable to residents and the development industry without a complaint or written request -- we feel that the recent text amendment ordinance is credible evidence to our case.
"It certainly seems that our continued efforts provided the necessary motivation for county staff to undertake the formal code change. Why else would they have done it? They were fine with the status quo for a decade or more."
Spanish Trail Estates is a 119-lot subdivision located in Rincon Valley at the northwest corner of Old Spanish Trail and Camino Loma Alta. The land developer is Fairfield Monument Vista, LLC, and the homebuilder is Richmond American Homes, a subsidiary of M.D.C. Holdings, Inc.
Rincon Valley Coalition is a community-based, non-profit, non-tax-exempt Arizona corporation serving the residents, businesses, land owners, and visitors of Rincon Valley. Their mission is to protect and preserve the unique qualities of Rincon Valley while proactively facilitating informed, environmentally and culturally responsive land use planning and development throughout the community. For a full history of the case and more information on Rincon Valley Coalition, visit www.rinconvalley.org.
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