Wednesday, January 4, 2012

Zinkin Stands Up For The People

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The following remarks of Mike Zinkin were read to the Planning and Zoning Commission meeting last evening. These remarks relate to Mike's opposition to the mixed use general plan amendment.

As you can see, Mike stands with the people.
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"I am a citizen of Oro Valley.  I repeat: I am a citizen of Oro Valley.  It is important to understand that because it is the citizens of Oro Valley that helped write the General Plan, and it is the citizens that ratified the General Plan.  Our town attorney has stated that "The General Plan drives code."

In November of 2003, 60% of the town's voters disapproved a General Plan proposal, primarily because it contained a land use designation called "mixed use."  The citizens wanted the term better defined. The modified proposal of the General Plan excluded the mixed use designation. The voters ratified this plan on November 8, 2005. This is now the General Plan we are discussing.

On page 11 of the General Plan there is a chart which denotes whether a General Plan amendment is major or minor.  On the vertical access are existing land use categories. On the horizontal axis are the proposed new designations.  Pages 23 and 24 of the plan define the land use designations. Neither axis lists a designation of "mixed use".  On pages 23 and 24, there is not definition of mixes use designation.

What this agenda item is proposing is not an amendment of the General Plan, but rather a re-write of the General Plan. Neither the learned Oro Valley planning staff, nor you, the Planning and Zoning Commission, have the authority to re-write the General Plan.  Only the citizens of this town have the authority to re-write the General Plan.

If there is an applicant that desires to develop any mixed use area, and we all know there is, and who it is, then the applicant should be lobbying the town to draft a change to the General Plan and go to the voters to ask for approval of this change.

Please do not rely solely, totally on the staff's recommendation.  It was the staff that failed to advise you of the correct wording in the Vistoso Pad that lead to you incorrectly approving an apartment zoning on land that was not so designated.  It was a concerned citizen that had to bring this to the attention of the town.

It the town staff really represents the General Plan, they should be conducting open meeting trying to sell the public of the need to modify the General Plan. They should not be here trying to sway seven volunteers to do something that is in the purview of the 41,000 citizens of Oro Valley.

I realize that this commission is only advisory to the council; but, in this case, the final decision must come from the citizens, the voters.  It this body believes that there should be a re-write of the General Plan, then forward that recommendation.  There is an election schedule for May15 that could be used to give the citizens an opportunity to add or reject a new land use designation.

Remarks of Mike Zinkin
January 3, 2011
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Planning and Zoning Approves Mixed Use General Plan Amendment

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A big train rolled through Oro Valley last night.

Planning and Zoning voted 6-1 to approve the request by the town's Development and Infrastructure Department for a general code amendment for mixed land use. They did this without previous public hearings. They approved this after paying no attention to the statements against this measure by six of our citizens.

The Planning and Zoning Commission substituted their judgement for the judgement of the people since the people rejected mixed land use in 2004 when they voted on the general plan.

The amendment will now be considered by town council where it till require five votes to pass.
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