The Oro Valley 2013 Strategic Plan identifies annexations as another way of developing sustainable revenues for the town. The plan specifically mentions annexing the area south of town to Oracle Road. This area is formally known as the "Oracle/Ina Annexation Area." It is 107 acres. It includes Tohono Chul Park. The boundaries of this area are from Chapala Drive to the north, Ina Road to the south, Paseo Del Norte to the west and Oracle Road to the east. The area includes the park, a motel, and retail businesses. These will generate sales and bed tax revenues. Other businesses include Platinum Fitness, a religious broadcast station, and Sun Dental Center. Finally, there are some single-family residential properties on the northwest sector of the annexation area. All properties will generate utility tax revenues.
"For the proposed annexation to be successful, more than 50% of property owners, representing more than 50% of the assessed valuation of real and personal property in the Oracle/Ina Annexation Area, must sign a petition in favor of annexation." (Source: 4-18-12 Memo To Town Council Of Kevin Burke)
In January, in "The Utility Tax Strikes Again", we wrote that the main sticking point was overcoming the added tax to the annexed businesses and residences of the 4% utility tax. We wrote at that time: "The utility is an added cost of doing business. It will cost those who annexed thousands of dollars a year simply because their property would now be part of Oro Valley. In effect, the utility tax is a disincentive."
The latest update from the town on the "Oracle/Ina Annexation Area." is that the town town is still working on getting the required signatures.
It's been well over a year since the annexation process began. At one point, in December, the Town and Tohono Chul Park were considering a "pre-annexation' agreement. This 48 acre portion would be an “island annexation” if the rest of the owners decline annexation. The Tohono pre-annexation was presented at the December 5, 2012 Oro Valley Town Council meeting. Tohono Park asked for a continuance. We have heard nothing since. Perhaps, the town and the park are waiting to see if the required signatures for the entire area can be gained.
There are no other annexations pending for Oro Valley.
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2 comments:
On September 13, 2012 there was a Neighborhood Meeting for Tohono Chul Park Planned Area Development (PAD), located on the northeast corner of Ina Road and Paseo del Norte, OV912-002 which is 48.5 acres and is part of the proposed 107 acre annexation. However, the meeting was really held to discuss a pre-annexation agreement for Tohono Chul Park. There are no meeting notes available.
On September 18, 2012 (Special Session) and October 2, 2012 (Regular Session) this pre-annexation request was discussed at the Town of Oro Valley Planning and Zoning Commission and was approved in the October 2, Session, 7-0.
On December 5, 2012 the Town of Oro Valley Council in a required public meeting discussed a proposed pre-annexation agreement to approve ordinance 12-19 approving the Tohono Chul Park Planned Area Development (PAD) for 48.5 acres located on the northeast corner of Ina Road and Paseo Del Norte. This is part of the proposed Oracle/Ina 107 acre Annexation which will not be formally approved or rejected until after April 18, 2013. The Tohono Chul Park is not adjacent to Oro Valley. If the other property owners do not agree to the Oracle/Ina Annexation then Tohono Chul Park would be an “island” annexation. The Tohono Chul Park Board asked for a continuance of this item which was granted by the Town Council 7-0.
At this meeting, a resident, Bill Adler, challenged the validity of this pre-annexation agreement stating that it was a “contract” or “spot” zoning approach that is not legal. I followed up on this item communicating with the Oro Valley Interim Town Attorney, Tobin Sidles. Mr. Sidles also involved Tobin Rosen who was retiring as Town Attorney after serving for 5 years. Both Tobin Rosen and Tobin Sidles have expressed an opinion that the pre-annexation is not a “contract” or “spot” zoning.
It will be interesting to see what happens when the Tohono Chul Park continuance is placed back on the Town Council agenda! I predict that will not occur until after the total Oracle/Ina Annexation is approved or rejected.
John Musolf
The Tohono Chur Park PAD is on the April 3, 2013 Council Meeting.
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