Following is an email Mike Zinkin sent to Dee Widero, Oro Valley Planning Department.
Mike, as a past chairman of the DRB learned a little about our town codes, Development Plan & PAD during his tenure.
I believe Mike speaks for thousands of Oro Valley citizens that believe two things:
1) Our codes MUST be adhered to.
2) "Dark Sky" is a major consideration.
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8/18/2009
Dee,
This letter is to inform you of something you should already know. I need to tell you that I intend to email this document to the entire Council, The Mayor, David Andrews, and Paul Popelka.
I have done some research into the Town’s sign codes as they relate to sign illumination. It is interesting to note that I have found three different areas that apply.
1) The Town Code itself states that “An illuminated wall sign shall be turned off no later than one (1) hour after the closing of a business. This is the code that will be reviewed at an upcoming Council Meeting.
2) The Oro Valley Marketplace Master Sign Program. This is a separate code within itself. It also states that wall signs shall be off no later than one hour after the closing of a business, except for the Movie Theaters that can stay on until 11:00 PM.
3) The Rancho Vistoso PAD states that wall signs on retail business shall be turned off when they close. This means that a Professional business (doctor, dentist) must comply with the Town Code since reference to them is silent in the PAD restrictions.
Bottom line – Whatever happens at an upcoming Council meeting will have NO bearing on the Oro Valley Marketplace nor on any retail business in the Vistoso PAD. I believe that any bank that offers an outside ATM function is still offering a service and wall signs need not go off, much like any 24 hour business.
We need to continue to send violation notices to all retail business within the Vistoso PAD and to Vestar.I believe that Vestar is responsible for their tenants; therefore it is their responsibility to enforce their MSP. If after a reasonable amount of time, the Vestar tenants do come into compliance, we send fine notices to the tenants. Their argument is with Vestar, NOT the Town.
If you find that I am misinterpreting any Code or PAD/MSP, please advise. I look forward to your response.
Respectfully,
Mike Zinkin
3 comments:
Excellent investigative work and presentation, Mike!
I received this today from Ms.Widero. It appears that we are making progress.
Mr. Zinkin,
In response to your letter of August 17, 2009, your research is accurate and I agree with you. It is the responsibility of each individual development (for example Oro Valley Market Place) to manage and enforce their MSP. If there is lax enforcement, then town staff will enforce the rules of the MSP.
As you are aware, I sent a letter to our commercial community last April. Due to the comments and concerns that evolved from that letter, staff temporarily relaxed enforcement to allow Town Council to hear and address the concerns of the business community.
Another letter will be sent to the business community following tonight’s Town Council meeting reiterating the outcome, what staff will be enforcing, and will include PAD’s, MSP’s, PADA’s.
I appreciate your time and research in this matter and hope that you’re concerns as well as the concerns of our community can be put to rest soon.
Respectfully,
Dee Widero
Zoning Program Supervisor
Town of Oro Valley
Nice going Mike!
It certainly is progress when you can get the Oro Valley staff to acknowledge that our codes---in this case, the Master Sign Program has not been adhered to.
Is anyone surprised that once again it is Vestar that flaunts our rules?
Enough with the warnings. How about some hefty fines? That may get their attention!
Congratulations to Mike Zinkin for bringing this to our attention.
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