Wednesday, November 2, 2011

Guest View-Shirl Lamonna: Framing The Issues On The Upcoming Parcel 7-1 Council Decison


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On October 19th, the Rancho Vistoso community united for the second time in opposition to the proposed development of apartments on Parcel 7-I at the corner of Tangerine Rd and Rancho Vistoso Blvd. Given the Town’s inadequate notification process; our HOA’s refusal to provide timely information regarding the Developer’s request for the PAD amendment, the public outrage has been intense.

Homeowners voiced their opposition via letters, emails, phone calls & petitions. In fact, the outcry was so large that we now have a “legal conflict of interest” based on AZ State Law. This means a super majority vote (6 out of 7 of the Town Council members) is required to pass a PAD amendment change.

But wait, is this really a PAD amendment or is the Zoning Department in the Twilight Zone?
Parcel 7-I is currently zoned C-1 Community Commercial. The Zoning Commission based their approval of the amendment on language found in the Rancho Vistoso PAD, Pg 84:

    "D. Types of Commercial Uses/Commercial Development Standards
    1. COMMUNITY COMMERCIAL (C-1)
    a. Purpose: … It may include uses associated with the central business district."
While Mayor Hiremath, Councilmen Hornat, Solomon and Waters initially chose to ignore this reference, Attorney Tobin Rosen counseled that “may” is an uncertain word and that it created an issue for discussion. Vice Mayor Snider suggested that they are actually considering a zoning change and not a PAD amendment. She indicated the need to ensure the Town has met all the applicable requirements for that.

Councilman Garner raised further doubts on whether apartments are legal under the current C-1 zoning. He also confirmed that the applicant’s plans provide only 20% of the requirement for 30% “open space” and that the 20% includes a portion of the wash which is already protected.

In the end, the Council concluded that more information is needed and scheduled the matter for legal consultation prior to the next Council meeting on 11/16.
Other items of importance addressed at the meeting include:
  • Access and Traffic Issues – Tangerine Rd is a major high speed arterial. While the Town cannot deny access to our roads, access onto Tangerine requires approval from ADOT. Zoning does not want drivers to cross over Tangerine to turn into the apartment complex and they don’t want U-turns on Tangerine. Despite the Zoning Commission’s stipulation that their approval is based on ADOT’s decision to permit access onto Tangerine, Zoning Staff still recommends alternate access on Woodburne. This would require realignment of the Woodburne/Rancho Vistoso Blvd intersection and would be paid for by the Developer. Much discussion ensued on the congestion already experienced on Woodburne.
  • Safety – HSL, the intended developer, won a national award for crime-free projects. According to spokesman Paul Oland, they offer gated communities that are a breeding ground for sustainability – not crime. He did not confirm, however, that this complex would be gated.
  • Rental Rates – Rents would be approximately $1 per square foot. Mr Oland contends that it would be impossible to have rental rates low enough to generate any concern with the apartment tenants. However, when the economy improves, housing sales rise and demands for apartments decline, they will have to reduce rates or experience vacancies. Then who will live there?
  • Feasibility Studies – Where is the supporting data for the Developer’s claims that major employers want rentals available for their employees? Or that the Amphi School district has the capacity for additional students residing in the apartments? Do we just accept this from the Developer on good faith?
  • Town Center/Zoning – The Town Center (Neighborhood 6) is an undeveloped parcel located on the eastern side of Rancho Vistoso Blvd at the intersection with Moore Rd. It has mixed use zoning that currently allows multi-family residential. There are several other areas within Rancho Vistoso already zoned for apartments. Why not build on one of them instead of rezoning appropriately planned commercial areas for other uses?
So what's next?

I encourage everyone to stay involved. There is strength in numbers.

Sign up for email. Write the Mayor, Town Manager and Town Council to express your concerns with this project. Keep a copy for your records to ensure your voice is counted. If you’ve written once, write again based on the new information on the orovalleyaz.gov website.

Come to the Town Council Meeting on 11/16. Be sure to review the agenda available on the Town website 48 hrs prior to the meeting [Note: This blog will link to these agenda materials]. Fill out a blue card to speak.

Shirl Lamonna
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1 comment:

Anonymous said...

Great guest view, Shirl! Thank you.

Have you read the agenda for the November 16 Council Meeting. What is this special area policy 13 addition? Has the Council found a loophole?