§ 6.1060. Open Space Requirements.

A.

Natural Area Open Space (NAOS) requirements. A percentage of the acreage containing natural desert shall be set aside as NAOS.

1.

Characteristics of NAOS. NAOS should:

a.

Preserve sensitive environmental conditions;

b.

Retain and protect meaningful desert open space that due to its size, function, visibility, accessibility, or strategic location is a community amenity or resource;

c.

Maintain visual amenities;

d.

Mitigate hazards; and

e.

Promote the public health, safety and welfare.

2.

Amount of NAOS. The minimum percentage of NAOS based on slope and landform category is provided in Table 6.1060.A.

NAOS requirements are determined by Table 6.1060.A., indicating slope and landform which corresponds to the location of other environmental conditions such as unstable slopes, undisturbed desert vegetation, boulder features, and watercourses. Where these provisions conflict with the minimum NAOS dimensions described in Section 6.1060.F., the more restrictive provisions of Section 6.1060.F. shall take precedence.

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Table 6.1060.A.
Minimum Percentage NAOS Based on Slope and Landform Category

Slope	Lower Desert Landform	Upper Desert Landform	Hillside Landform
0—2%	20%	25%	50%
Over 2% up to 5%	25%	25%	50%
Over 5% up to 10%	30%	35%	50%
Over 10% up to 15%	30%	45%	50%
Over 15% up to 25%	30%	45%	65%
Over 25%	30%	45%	80%
Minimum NAOS after reductions if applicable. (See Sec. 6.1060.B.)	15% (See Sec. 6.1060.F. for minimum dimensions)	20% (See Sec. 6.1060.F. for minimum dimensions)	40% (See Sec. 6.1060.F. for minimum dimensions)

 

3.

Permanent maintenance of NAOS. The entire NAOS area shall be permanently maintained as NAOS through easements, donation or dedication to the City and/or conservancy, land trust or similar organization that has goals and purposes consistent with permanently maintaining NAOS and can demonstrate its ability to maintain the NAOS to the satisfaction of the City.

4.

If NAOS is located on individual lots (on-lot NAOS), the property owner shall be responsible for maintenance. (See Section 6.1100 for detailed information regarding maintenance of NAOS.)

5.

Common-tract NAOS locations and boundaries, including precise acreage, shall be shown on the subdivision plat and/or map of dedication.

6.

On-lot NAOS locations: In applications where NAOS is provided on individual lots, approximate boundaries and precise acreage of the proposed NAOS shall be shown on and conform to an exhibit approved by the City prior to or concurrent with filing a final subdivision plat and/or map of dedication.

Figure 6.1060.A.

Slope Analysis

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7.

Until recordation of a document showing the City approved NAOS location, all land within a project is considered potential NAOS and shall be left in its natural topographic and vegetative condition.

B.

NAOS reduction. NAOS requirements may be reduced as provided herein. The minimum NAOS after reductions, for the gross lot area of the development project and for each development site or parcel shall be fifteen (15) percent in lower desert, twenty (20) percent in upper desert, and forty (40) percent in hillside landforms.

1.

Proportional reduction in NAOS for Conservation Open Space COS and Hillside Conservation HC areas. A property owner is entitled to reduce the required NAOS by calculating the percentage of the total parcel that is zoned Conservation Open Space (COS) and Hillside Conservation (HC) areas, and reducing the NAOS requirement for the remainder of the property by this same percentage.

2.

Reduction for regional drainage facility. Where a development site contains areas dedicated for regional stormwater management pursuant to approved city regional drainage and flood control plans developed by the city, having a design flow of two thousand (2,000) cfs or more and providing drainage for one (1) square mile (one (1) section) or more, the NAOS requirement shall be reduced as follows:

a.

The NAOS requirement shall be reduced one (1) square foot for each revegetated one (1) square foot of the regional drainage facility (1:1).

b.

The NAOS requirement shall be reduced one (1) square foot for each two (2) square feet of turf or similar improvements for recreational areas within the regional drainage facility (1:2). The reduction for improved areas shall not exceed fifty (50) percent of the original NAOS requirement.

Figure 6.1060.B.

3.

Reduction for revegetation. On land stripped of natural vegetation or scarred prior to January 1, 1990, the NAOS requirement for the parcel shall be reduced by two (2) square feet for every one (1) square foot of revegetated NAOS (2:1). This provision cannot be used to increase the maximum revegetated NAOS above the thirty (30) percent maximum referenced in Section 6.1060D.2.

4.

Reduction for designated historical or archaeological site. Land designated as a permanently protected historical or archaeological site, approved by the city, shall be used to reduce the required NAOS by two (2) square feet for each one (1) square foot of approved site (2:1).

5.

Lower desert landform with minimal slopes and limited environmental conditions. Sites within the lower desert landform having slopes of zero (0) percent—five (5) percent, may reduce the required amount of NAOS to fifteen (15) percent if the applicant can demonstrate to the satisfaction of the Zoning Administrator that the property contains no boulder features, no minor or major watercourses and contains undisturbed native plant densities* with less than ten (10) trees/cacti per acre. Where these provisions conflict with the minimum NAOS dimensions described in Section 6.1060.F., the more restrictive provisions of Section 6.1060.F. shall take precedence.

*Native plants include the specific species defined in Article V, Protection Of Native Plants, Section 46-105 through 46-120 of the Scottsdale Revised Code.

C.

Density Incentive for increases in NAOS.

1.

A density incentive bonus up to twenty (20) percent of the density otherwise allowed under Table 6.1081.A., Base Intensity by Zoning District, may be granted if more NAOS is provided than is required in Section 6.1060.A. of this Zoning Ordinance. The bonus shall be subject to approval by the City Council after notice and hearing as provided in Sections 1.600. and 1.700., and providing further that the following criteria are met:

a.

The bonus applies only in the Single-family Residential R1-43, Single-family Residential R1-70, Single-family Residential R1-130, and Single-family Residential R1-190 Districts.

b.

The incentive must be calculated using the base NAOS standards for the development project, and cannot be used in combination with any reductions in NAOS.

c.

The additional NAOS must be undeveloped natural area and cannot include revegetated areas.

d.

The additional NAOS must respond to site conditions and the surrounding context to maximize connections with existing or planned open space on adjoining properties including the McDowell Sonoran Preserve. The locations of this additional NAOS shall be along major watercourses, along the frontage of collector or larger streets, along the boundary of the McDowell Sonoran Preserve or on slopes of twenty-five (25) percent or steeper.

e.

The additional NAOS shall be provided in common area tracts and shall not be provided on an individual single-family lot.

2.

The increase in density is calculated by multiplying the percent of gross land area of the parcel to be provided as additional NAOS, times the base density as established in Table 6.1081.A.

D.

Types of NAOS. The NAOS requirement may be satisfied by two (2) types of open space: undeveloped natural areas and revegetated areas.

1.

Undeveloped natural areas. Undeveloped natural areas shall constitute a minimum of seventy (70) percent of the required NAOS. This minimum applies to both "on-lot" and "common tract" NAOS.

a.

Infill planting. When native plants in a designated undeveloped natural area are significantly less dense than under natural conditions because of disturbance to the land, the density and number of species of native plants may be increased to approximate the natural conditions of the surrounding area.

b.

Infill planting areas shall count as undeveloped natural area for NAOS if approved by the City.

2.

Revegetated areas . Revegetated areas shall qualify as NAOS, but shall not constitute more than thirty (30) percent of the required NAOS. These provisions cannot be used in conjunction with those contained in Section 6.1060.B.3. to increase the maximum percentage of revegetated NAOS above thirty (30) percent. Revegetated areas shall meet following requirements:

a.

Planting programs for revegetated areas may include transplanted and seeded methods of application and shall include a list of proposed plant species and quantities. (See Section 6.1091.A.1.k.)

b.

Planting programs shall be consistent with the slope aspect of the surrounding natural vegetation, and shall be consistent with the species and density of surrounding vegetation and adjacent natural desert.

c.

All materials, design and construction techniques for revegetation shall be subject to City approval.

d.

Incorporate boulders and salvaged surface material to match and blend with surrounding desert character.

e.

Provide a temporary watering program.

f.

In those cases where previously scarred or cleared areas are to be restored, the plant species and density shall be determined by matching the existing natural vegetation on similar terrain in the vicinity.

g.

The design and installation of revegetation shall help to minimize the downstream transport of sedimentation.

E.

Improved open space. When the required open space of the underlying zoning district exceeds the NAOS requirements imposed by the ESL District standards, the balance of the required open space may be either improved open space or NAOS. Improved open space includes landscape areas, turf areas, parks, golf courses and other recreation areas excluding any associated buildings.

F.

Distribution of NAOS.

1.

NAOS dimensions.

a.

The minimum contiguous area for NAOS is four thousand (4,000) square feet.

b.

The minimum horizontal dimension for NAOS areas is thirty (30) feet, except that the minimum horizontal dimension for NAOS located along roadsides will be twenty (20) feet.

c.

Where the minimum finished lot size is twenty-two thousand (22,000) square feet or less, NAOS shall be placed in common tracts, or on other lots within the same subdivision unless the minor application is approved with NAOS placement in contiguous areas on adjacent lots. See Section 6.1070.A. for on-lot NAOS design standards and Section 6.1090. for on-lot NAOS submittal requirements.

2.

Modification of NAOS dimensions. The minimum NAOS dimensions set forth above may be modified as a minor application, subject to the following criteria:

a.

The NAOS location standards set forth in paragraph 3. are met.

b.

Reductions in dimensions will maintain NAOS areas that are easily recognizable and that will not result in maintenance problems due to their proposed locations.

c.

Adjacent land uses, such as streets, will not negatively impact the viability of vegetation or other features of the land to be preserved.

Figure 6.1060.C.

3.

NAOS selection and location. The location of NAOS on a site plan or preliminary plat shall emphasize the following, however, in no event shall the provisions of this section require greater area of NAOS dedication than currently required by Section 6.1060.A., B. and C. of this Zoning Ordinance:

a.

Preservation of natural watercourses. The need for unimpeded wildlife access and movement within and between NAOS areas is an important criteria. Therefore, minor and major watercourses, vista corridors and scenic corridors, particularly where located adjacent to the McDowell Sonoran Preserve, shall be given key consideration as riparian habitats associated with major and minor watercourses.

b.

Continuity of open space within the development project and with adjacent developments or with the McDowell Sonoran Preserve.

c.

Continuity of "on-lot" open spaces on adjoining lots.

d.

Preservation of the most significant features and vegetation, including rock outcroppings, and significant concentrations of native vegetation in relation to the surrounding development project.

e.

Distribution throughout the developed area and avoidance of concentration in one (1) location.

f.

Location in areas where a buffer is desirable along the property boundary, or where it is contiguous with NAOS on adjacent property, including property within the McDowell Sonoran Preserve.

g.

Location in areas visible from streets or common areas.

h.

The City has prepared high priority NAOS location maps to provide guidance on the location of NAOS. Each site plan submitted shall demonstrate the best means to achieve the delineations of NAOS areas as depicted on these maps in order to meet City policies.

4.

NAOS distribution within master planned developments. Where a master planned development provides NAOS in excess of the minimum NAOS requirement for specific development sites, such excess NAOS may be credited against NAOS requirements for other development sites on the master plan, provided that the NAOS credits are documented on an open space master plan which identifies excess NAOS by development site and allocates such excess to specific development sites elsewhere on the property.

(Ord. No. 2305, § 1, 2-19-91; Ord. No. 3225, § 1, 5-4-99; Ord. No. 3395, § 1, 12-11-01; Ord. No. 3501, § 1, 4-1-03; Ord. No. 3540, § 1(Exh. 1), 4-20-04; Ord. No. 3702, § 1, 2-20-07; Ord. No. 3827, § 1, 2-10-09; Ord. No. 3920, § 1(Exh. §§ 74—78), 11-9-10; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, §§ 183—187), 4-3-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 156—163), 5-6-14)