Tuesday, October 4, 2011

Parcel 7-1: "May" Means "Yes" With A Big Proviso

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Oro Valley Town Council Chambers was packed tonight with local residents voicing their concerns to the Planning and Zoning Commission about whether the word "may" means that apartment units can be built on Rancho Vistoso Parcel 7-1 (the Northwest corner of Rancho Vistos Blvd and Tangerine Road).

Of the 100 plus residents attending, about 20 voiced their concerns to the Commission. These concerns ranged from the impact of apartments on their views, to an increase in crime, to an increase in traffic; to not being "properly noticed" that this hearing or others before were taking place.

Their efforts were partially rewarded when Commissioner Don Cox moved for an amendment to the original proposal to include approval of this property use if and only if (non emergency) access to the apartments is solely from Tangerine Road.

With this proviso, by a 3-1 vote, the Planning and Zoning Commission recommended that the term "may" be interpreted to mean "can" use of this property for apartment development.

Town Council and town staff warned that this proviso may not be enforceable. Nonetheless, they noted, inclusion of this requirement was a clear statement of intent. Commissioner Alan Caine voted against the approval because he did not think that this proviso was enforceable. We shall see.

Whether or not such access is actually granted to Tangerine Road is under the authority of ADOT. The Developer has been working with them to get this approval and stated that they felt it was distinctly possible.

Neil Simon, lead partner on the project for Developer Venture West, stated to me that it is their intent to continue to pursue ADOT to insure that Tangerine Road will be the only access. Though, there is every reason to believe that this will occur, there is no guarantee that it will occur. Neil was pleased that the Town will "weigh-in" with ADOT on their behalf. Both Art and I are familiar with Neil and with Venture West. Generally, they mean what they say. So, this is good news for the residents.

The vote was taken after presentations by the Developer, the town staff, a "call to the audience", and a lively discussion of the request by the four attending Commissioners.

The only truly sour note on the evening was a lecture to the attending residents by Commissioner John Buette. He basically told the residents, most of whom had only learned of this hearing and zoning request days before this meeting, that their concerns were nothing more than wasteful "not in my back yard" objections; and that he was personally insulted because the residents had come to the meeting assuming that they could not trust him or the commission to make a fair decision.

Our only comment for Commissioner Buette is that it's not personal, John, so why make it so. It's business. No one was disrespecting you or the Commission. Our residents have the right and the obligation to voice their concerns. Listening and considering their concerns is one of your responsibilities.

There is also as second issue of "Notice." Most residents were surprised to learn of this hearing. They believe they were not properly noticed. This was not addressed by the Commission. It is something that should be.

The next step is for this approval to be put forth at the Town Council meeting of October 19. Be good for residents to be there for this discussion.
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13 comments:

Richard Furash, MBA said...

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Though I did not mention it in the posting, I do want to complement Commissioner Cox for the professional, respectful manner in which he conducted this public hearing.

Also, his addressing the most key concern of the residents regarding road access was very savvy.

It is this kind of dialogue that will make Oro Valley excel.
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Victorian Cowgirl said...

This says the apartments are planned for, "the Northwest corner of First Avenue and Tangerine Road." Do you mean NW corner of Rancho Vistoso Blvd. and Tangerine Road?

Richard Furash, MBA said...

Thanks VC..

Correction made.

Faveaunts said...

Does anyone know if this is the same Buette from the zoning commission? If yes, could there be a relationship to Venture West or HSL???

"John Buette is the owner and Designated Broker of Buette DeRousse Commercial Real Estate Properties, specializing in multi-family transactions in the Tucson metropolitan area. Buette has over 24 years of experience in the industry.

Prior to forming Buette DeRousse, Buette served as a multi-family specialist for Sperry Van Ness assisting investors in the acquisition and disposition of income-producing real estate properties in Tucson."

I was offended by his "scolding" of the residents. And yes, Mr Buettte, there are people that invest millions of dollars in businesses that aren't needed. One only has to look as far as Solyndra for that example.

Victorian Cowgirl said...

When these apartments are built (and I know they WILL be since this town never says no to a developer) I hope the "planners" consider just how difficult it is already to pull out of the Safeway parking lot onto Rancho Vistoso Blvd.

I hope they realize how difficult and dangerous it also is to then either turn left onto Woodburne Ave. or to make a U-turn on Rancho Vistoso to head back towards Tangerine.

Whether the access to the apartments is from Rancho Vistoso Blvd. or from Tangerine, the end result won't be much different. A dangerous high-volume traffic area will become even more dangerous.

Nombe Watanabe said...

VC is correct. The Safeway exits are unsafe. We have many older drivers in the area who cannot see over the steering wheels of their vintage Buicks and pull out on to Vistoso Blvd with dangerous disregard for on coming traffic.

Anonymous said...

Two thoughts:

1. Commissioner Buette's "scolding" of Oro Valley residents was UNNECESSARY and SHAMEFUL. Could a complaint be filed with someone to prevent this from happening again? Perhaps, the Commissioner is closely aligned with a certain Councilmember who often treats residents in this manner.

2. What is the reason Council is considering new "high-end" apartment complexes at 4 or more other locations? With fewer people moving to Arizona, who will reside in these?

Christopher Fox said...

From about a 1/4 mile SE of Tangerine on 1st to about 1/4 mile NW of Tangerine on RV Blvd, the speed limit should be lowered to about 30 mph, and should be strictly enforced. I have seen cars doing 55 there on a regular basis, since the current limit is 45, and people know about the 10 mph grace margin.... Another speed trap? Sure, but worth it in this case!

OV Objective Thinker said...

First of all, I would be remiss if I didn't thank Zeeman for his kind words. I may, from time to time, take some liberties with my remarks regarding some individuals and their postings ON THIS BLOG, but as I did from 2000 to 2005 on the P&Z, I take those hearings very seriously, do my homework and try to do what is required of P&Z commissioners.

Having said that, allow me to chat a few minutes about the proposed Rancho Vistoso Parcel 7-1 apartments and commercial property. NO ONE (town staff, developer, P&Z, and I believe Town Council would agree) wants the traffic generated by this proposed development to go on to Woodburne. And I think it is fairly safe to say that it won't. It CANNOT exit on to Rancho Vistoso. There is a major riparian area that cuts through this parcel from generally north to south that would have to be bridged even if that thought would be considered. And it is that fact that renders the western 2/3's of this property virtually useless for commercial development. That was the issue several years ago when this entire piece was being considered for commercial development.And at that time Arizona Department of Transportation (ADOT) refused to allow access on to Tangarine.

As for conformance with the general plan, I would call everyone’s attention to Element 7, titled “HOUSING”. This too was passed by the citizens and must be considered along with all other elements of the plan.

OV Objective Thinker said...

First of all, I would be remiss if I didn't thank Zeeman for his kind words. I may, from time to time, take some liberties with my remarks regarding some individuals and their postings ON THIS BLOG, but as I did from 2000 to 2005 on the P&Z, I take those hearings very seriously, do my homework and try to do what is required of P&Z commissioners.

Having said that, allow me to chat a few minutes about the proposed Rancho Vistoso Parcel 7-1 apartments and commercial property. NO ONE (town staff, developer, P&Z, and I believe Town Council would agree) wants the traffic generated by this proposed development to go on to Woodburne. And I think it is fairly safe to say that it won't. It CANNOT exit on to Rancho Vistoso. There is a major riparian area that cuts through this parcel from generally north to south that would have to be bridged even if that thought would be considered. And it is that fact that renders the western 2/3's of this property virtually useless for commercial development. That was the issue several years ago when this entire piece was being considered for commercial development.And at that time Arizona Department of Transportation (ADOT) refused to allow access on to Tangarine.

As for conformance with the general plan, I would call everyone’s attention to Element 7, titled “HOUSING”. This too was passed by the citizens and must be considered along with all other elements of the plan.

Richard Furash, MBA said...

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Thinker...

I know that the residents will be pleased to hear your view.

Thanks for updating us.
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OV Objective Thinker said...

Zeeman..... I am willing to discuss any proposed development AFTER it has passed through P&Z and to explain why I voted the way I did. I cannot nor would I make any attempt to speak on behalf of the Commission. I hope that folks will understand when I refrain from discussing anything that is yet to come before the P&Z.

Richard Furash, MBA said...

I certainly understand that you can not comment on an ongoing situation. Nor would we expect you to do so.