For the second time in six months, Saguaro National Park is in the middle of a development dispute, with the National Park Service fighting a proposed project near its boundaries.
The first project was the 178-home, gated Lazy K Bar housing on 138 acres near Saguaro Park-West in Marana that was approved this spring after a nearly three-year dispute.
This time, itβs a much smaller project β a Fryβs supermarket, two smaller stores and a nine-pump gas station β on 16.3 acres, lying across town, near Saguaro National Park-East. Itβs farther from the park: 1.8 miles, compared to a half-mile for Lazy K. But the dispute has been about as heated and long.
Tuesday night, it comes to a head when the Tucson City Council is slated to decide whether to approve rezoning the land at East 22nd Street and South Houghton Road from low-density residential to allow commercial development.
If the rezoning succeeds, 12.2 acres of mesquite, creosote and prickly pear-dominated lands will be bladed, and 4.1 acres will be saved as open space.
The park service, neighbors fighting the project and the Fryβs developers disagree on whether the projectβs space-saving plans will comply with the Houghton East Neighborhood Plan. They disagree about the desirability of a retaining wall up to 8 feet tall along two sides of the parcel, next to that open space. They also disagree on whether the project could affect the park.
βOur primary concern is that they are proposing a wall around the perimeter of open space,β said Scott Stonum, Saguaro National Parkβs science and resource management chief, saying that will βdisconnect it from the surrounding area and greatly reduce its ecological value.β
But a consultantβs study conducted for the Fryβs developers and submitted to the city late last week found the project will not disrupt any major wildlife corridors that allow deer and javelina to move between the site and the national park. Thatβs because the project wonβt disturb any major drainageways leading to the park from surrounding neighborhoods, said the study from Westland Resources.
βThe issues for protection of Saguaro National Park are the major wildlife corridors which are major washes that that wildlife uses to get around the urban core and into these open spaces,β said Keri Silvyn, a lawyer for the Fryβs developers. βThey are not on our site. Thereβs always urban wildlife, no matter where you live. Protection of the park is a different matter.β
Based on testimony at a recent City Zoning Examinerβs hearing, neighbors are divided. Twelve testified in favor, including some who are officials or members of the 22nd Street Baptist Church, the siteβs current owner. Some said theyβd welcome a new Fryβs because the nearest existing Fryβs at 22nd and Harrison is too small and doesnβt have the variety of offerings of the new store, including a Starbucks, a sushi bar, a pan-Asian bistro, a sandwich shop and a wine bar complete with a growler station.
Thirteen neighbors testified against it, and about 1,000 residents have signed petitions protesting the rezoning. Besides the issues of open space and the park, many are concerned about traffic, noise, and other concerns about compatibility with the neighborhood plan.
The disputeβs outcome is highly uncertain. One council member, Steve Kozachik, was ready to take a stand last week β heβs against the rezoning. The others either say theyβre undecided but skeptical of the developerβs open space plan, are leaning toward supporting it, or are still reviewing the plethora of reports and correspondence. Councilwoman Shirley Scott was the only member not to respond to calls from the Star seeking comment.
Wildlife corridors
The site is blanketed with creosote, mesquite, palo verde and prickly pear. To the north and east lies low-density housing of about one home per acre. Farther east lies a significant patch of higher-density homes, but near that is an open area large enough for at least some wildlife to go through.
In June 2016, neighbors opposed to the project in the Save Houghton East Coalition had Pinau Merlin, a naturalist and author of three books on the Sonoran Desert, walk the site to get a good look at the wildlife it supports.
Merlin, whose books include a field guide to desert holes and the wildlife that use them, found in a few hours 10 bird species or their tracks and nests, and tracks, nests, beds, burrows, scrape and holes for 11 mammals including bobcats, javelina, mule deer, ground squirrels, mice, pack rats and gray foxes. She also spotted four insect species and a harvester ant hole.
Whether the wildlife corridors and washes on the site are significant enough to connect it to the national park remains an area of dispute. But nobody disagrees that the guiding force for how this space should be preserved as part of a future development comes in the Houghton East Neighborhood Plan, approved by the City Council 32 years ago.
The plan covers a two-square-mile area bounded on the east by Melpomene Way, a mile west of what was then Saguaro National Monument. The planning area is bounded by Houghton Road on the west, Speedway on the north and 22nd Street on the south.
Its stated goal is βto guide future development to protect the natural amenities of the area and to enhance existing neighborhoods.β
Neighbors, park officials, city staff and the developer do have a key disagreement on how the plan should be interpreted. In question is whether it requires projects on the scale of the Fryβs development to retain 20 or 25 percent as βconsolidated open space.β The neighbors and the developer disagree, but the developer has now committed to saving 25 percent.
Consolidated open space should be βcontiguousβ within the project site and linked with surrounding open space βto create continuous areas of undisturbed natural vegetation,β the plan says.
This open space design meets the neighborhood planβs call for contiguous open space, said Keri Silvyn, the Fryβs developerβs attorney.
βThe phrase contiguous areas contemplates more than one area. It doesnβt mean a continuous ring around the property,β she said. βYou have to remember the purpose of open space in the plan: βvisual diversity and passive recreational opportunitiesβ β not to create corridors for wildlife. There are no corridors for wildlife. As you drive down Houghton and 22nd, by putting the open space areas there, it creates a visual diversity corridor for neighbors.β
The 1985 neighborhood plan designated this site for commercial development, added Linda Morales, CEO of the Planning Center, a Fryβs consultant.
The βsegmented, linear, landscaping stripsβ along the propertyβs sides arenβt truly contiguous, countered Linda Schaub, leader of the Save Houghton East Coalition, which is fighting the rezoning. She and naturalist Pinau Merlin say there are clearly wildlife corridors on the site.
βI donβt remember major washes but there are small drainages that drain off major washes,β Merlin said. βAnyplace that carries water, however briefly, supports wildlife.β
Schaub said the entire 25 percent open space must be protected as a block.
Thirty-two years ago, Molly McKasson sat on a citizens advisory committee that recommended approval of the Houghton East plan to the City Council. She later served eight years on the council and today opposes the Fryβs rezoning, saying itβs not meeting the planβs letter or spirit.
βThey may be able to fudge it, to make some sort of a new thing, a new beast, interpreted in a way to seem like it meets the rules,β said McKasson. βIt may not be illegal but it is completely against what the neighborhood intended.β
But the cityβs Planning and Development Services Department, which recommends approval of the rezoning, believes the open space meets the neighborhood planβs definition of contiguous, said John Beall, head of the departmentβs entitlement and special exceptions team.
The cityβs development code defines contiguous as lands that are abutting, βmeaning to have a common boundary,β Beall said. βThe consolidated open space follows a common boundary surrounding the project.β
βToo narrow a viewβ
For Saguaro Parkβs Stonum, compliance with the neighborhood plan is a key issue. He points to the provision saying consolidated open space on one site should be linked with open space in other areas.
The wall by itself would lead to violations of that provision, he said.
The developers proposed the retaining wall in response to concerns from the siteβs immediate neighbors who wanted a buffer from the shopping area, βsome vociferously,β said Morales. The wall will range in height from 6 to 8 feet and in some areas there may be no wall if adjoining neighbors donβt want one, she said. The walls may be made of masonry, wrought iron or a combination.
βAll walls/fencing will be on the property line so that the open space buffer will be unencumbered. Wall design will include drainage cutouts or wrought iron sections that will ensure any local runoff can continue through the wall, but will also allow the urban wildlife to move through,β Morales said. By that, she means smaller wildlife such as javelina, not deer or mountain lions.
While the Westland Resources study doesnβt see a major connection route linking wildlife between the development site and the national park, the park serviceβs Stonum says thatβs a diversion from the main issues.
βOur concern is the broader connectivity of the entire landscape ... interconnecting with all the areas outside the park and within the park,β Stonum said. βWeβre not saying thereβs a direct connection with that lot. Just focusing on the link from that parcel to the park is too narrow a view.β
Perhaps park officialsβ biggest concern is that this rezoning would set a precedent for future rezonings in that area that could block more connections to the national park and leave it as an island. Thatβs what he sees already happening at Saguaro National Park-West with surrounding development that existed before the Lazy K project was approved.
Some species of skunks and foxes that park officials documented at Saguaro-West a decade ago canβt be found there now, even with the increased use of remote cameras now compared to a decade ago, Stonum said. While officials wonβt know for sure until more studies are done, βwe suspect we have lost species out there,β he said.