There are two issues on the Oro Valley Council agenda on Wednesday, April 2 that will
impact Vestar and their Marketplace.
They are:
2. PUBLIC HEARING - ORDINANCE NO. (O)08 - 06 AMENDING< CHAPTER 10, ARTICLE 10-1, SECTION 10-1-5, NUISANCES OF THE TOWN OF ORO VALLEY TOWN CODE, BY ADDING SECTION 10-1-5(B), IDLING MOTOR VEHICLES
3. PUBLIC HEARING - ORDINANCE NO. (O) 08 - 07 AMENDING THE ORO VALLEY TOWN CODE CHAPTER 10, ARTICLE 10-1, SECTION 10-1-4, NOISE, AND AMENDING CHAPTER 6, ARTICLE 6-6, BY ADDING 6-6-2, EXTENDED CONSTRUCTION HOURS WORK PERMIT,AND DECLARING AN EMERGENCY TO EXIST
Here's the deal: Vestar has been starting their work while most of the neighbors are trying to sleep. This is more than a nuisance, and that is why there is a Town Code. Vestar has been down this road before, in violation of the code. They were told to stop it.
It will not be an emergency if their monster Super Wal-Mart comes here later rather than sooner. Had Vestar been honest with the citizens as to their intentions, perhaps a code amendment would not be necessary.
Hopefully, the council will show concern for the citizens and tell Vestar we have codes, rules & regulations that even they must adhere to.
15 comments:
Nowhere in the Town Codes, Zoning Codes can I find any allowance or definition that would apply even remotely the term 'emergency' to a private endeavor except in case that an 'unforseen event' occur. An unforseen event is NOT a panic attack by a developer that may be attributed to deficient build-out scheduling or criteria.
Please note the following construction start times over the past week:
3/25- Construction started at 5:35
3/26- " " " 5:26
3/27- " " " 5:20
3/28- " " " 5:18
3/31- " " " 5:21
4/01- " " " 4:10
Nothing like the sound of heavy machinery backing up at these hours of the morning and I wonder how they control the dust and dirt.
The "funny" thing is go by the site anytime after 3:30pm and you won't find anyone there.
Where has the code enforcement been since the start of this project??
Turtle,
I hope you show up at the council meeting on Wednesday night and speak about this issue!
I'm leaving this posting since we know that the council members read this site, so here is my message for them:
Since Vestar has repeatedly shown a complete disregard for the citizens of Oro Valley (eg. promising one thing and delivering another, starting construction before the legal start time with no regard for the residents who live nearby) I see no reason why we should jump through hoops for them.
If they have an "emergency" situation, tough s--t! If they lose money because the mall opens a year later than planned, tough s--t! Why should Vestar's problems become OUR problem? We don't owe them a thing.
And why are they STILL getting away with starting work at 4 AM and 5:15 AM?
Will somebody on this town council please get a backbone and do something!
Developers rule Oro Valley and that is why they are still getting away with starting construction at whatever hour they damn please.
Only the "little people" follow the rules.
Yeah and don't forget the Vestar upscale store, Wal-Mart gave the town $25,000 , so indirectly Vestar paid for the "right" to break the rules.
And Terry Parish you say you are proud to be endorsed by the builders, what say ye?
I just looked at the council packets on the town website and I found the two public hearings for these ordinances (idling vehicles and construction hours) but didn't see anything stating that Vestar was asking for anything. It just looks like normal discussions on these topics.
I know that OV1st asked Barry Gillaspie to look into passing an ordinance regarding trucks idling overnight because the town didn't currently have this ordinance. We were concerned about trucks idling all night long in Wal-Mart's parking lot and disturbing the neighbors and polluting the air. Barry then worked on passing the ordinance. It looks to me like that is what this is about. Did I miss something?
Victorian cowgirl - I don't know
anything but what I have read here; the [extended construction hours/declaration of emergency], a listed topic, does concern me,(as does the idling vehicles).
Barry Gillaspie called me to confirm these were items he had added to the agenda to help the citizens who may be impacted by the town code not being specific enough.
Vestar's Marketplace has had the code violated as recently as today with early work starts.
Apologies if we confused anyone with our initial posting.
If Barry G or any other council member is reading this. This may be a good amendment, but it gives the power to decide an early work start time to town staff. Yes they are more qualified then the police to determine if an early start time is warranted. But I would like to see
some language in this amendment that gives the power to the council to intervene if needed.
I hope that the TOV won't be too liberal in granting an ECHWP.
EarlyConstructionHoursWorkPermit.
Looks like Vestar is behind schedule. Must be a penalty for delivering the project late.
Ironic that we may get some of our money back if the council doesn't apporve this.
Read thi loud and clear Teery and Berry, we want Vestar's head on a pike and whoever votes to heart them the most will get our votes. Got it?
Kudos to Cowgirl!!
Unlike most of the posters, (including the original)she did some homework and discovered accurate information.
Yes and kudos to Barry Gillaspie for responding so well to citizen concerns!
I hope that everyone who is affected by this issue speaks at tonight's council meeting.
Parish brags that he talks with Vestar weekly, and he takes their money for his campaign.
Gillaspie responds to citizen concerns by proposing legislation that will protect their interests.
When our ballots arrive in a couple of weeks, our choice is clear.
This is too little too late for those who have been in the path of the dust and dirt storms and never ending early morning construction for the past year. My first correspondence to town hall about these problems goes back to July, 2007.
I've been advised not to discuss this matter in any forum and I'll leave it at that for now.
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