One of our sources sent us the following information after reading last week’s postings about the Planning Department submitting false information in their staff reports and Power Point presentations related to rezoning requests. Apparently, this is not the only questionable thing that they have done. Read on…The 2005 General Plan (Focus 2020) contained a "Special Area Policy" regarding the property that is now being graded for a 5-story retirement community called Nakoma Sky (assisted living, independent living, and hospice) located at Lambert Lane and First Avenue behind the Home Depot Plaza.
The 2005 General Plan had the property designated as Medium Density Residential with a Special Use Policy that no 2-story homes could be visible from First Avenue. The idea was to hide all the 2-story homes behind the hills so they could not be viewed from First Avenue.
The Planning and Zoning Administrator (Bayer Vella) removed the policy from the General Plan sometime around 2015. This was a voter-approved document. In other words, a staff member arbitrarily amended YOUR plan WITHOUT consulting even with the Council. Removing the Special Area Policy allowed for the approval of the 5-story Nakoma Sky along with additional 2-story buildings along First Avenue.
A policy change made by the Planning and Zoning Administrator can only be appealed to the Board of Adjustment (BOA) and the appeal must be filed within 30 days of the decision. However, because this change was never noticed to the public (transparency?) nobody knew when the 30-day period began.
It costs $250.00 to file an appeal with the BOA and the only argument the applicant can present is to try and prove that the decision was without merit. The BOA decision can only be appealed to the Superior Court.
Without removing that Special Area Policy, there could not be a 5-story building.
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Editor's Note: This is another example of the Town playing fast and loose with rules…always to the benefit of developers and at the expense of the residents. It’s also another example of why Mayor Hiremath and Councilmembers Hornat, Snider, and Waters need to be voted out of office in this year’s Town Council election as they are the ones who approved the rezoning to accommodate the 5-story building.
When developers (rather than the citizens) are at the top of the Oro Valley Organizational Chart, this is what you get:
