Kai General Plan Amendment Not Approved By Council... Barrett, Nicolson and Bohen Hold Fast

Barrett, Bohen and Nicolson hold fast to reject changing the general plan 

The Kai-Capri general plan amendment did not receive the required five Oro Valley Town Council for approval at last night’s town council meeting. 

This despite a herculean effort on the part of town staff and the applicant to get approval. This included a "sleight of hand" move in which the staff and applicant changed the request such  that the property would be used for only rental casitas. 

Three council members held fast to their initial vote on January 6 rejecting this measure. They were Vice Mayor Barrett and Council Members Bohen and Nicolson. Barrett repeated what she had said at the January 6 meeting. Essentially, six months ago the town had approved significant economic development moves to improve commerce in the area and that time needed to pass for these to take effect.

Winfield enthusiastically supported changing the plan 

Mayor Winfield and Council Member’s Solomon and Greene voted to approve as they had done in January. In fact, Mayor Winfield “doubled-down” on his support. He noted that he and his family had “recreated” on this property and that “the highest and best use of this property was residential.”

Jones-Ivey approves... 

In January,  Council Member Jones-Ivey voted to reject the amendment. This time she voted to approve the measure. She liked the idea of putting rental casitas on the property.  

---

Kai Gets Fourth "Bite at the Apple" Tonight

It is deja-vu all over again

Tonight's hearing on the proposed Kai-Capri General Plan Amendment is the fourth time that the Oro Valley Town Council will consider it. This is definitely a record. 

The first time was in December. The amendment was presented by town staff and the applicant. Then, when was time for the public comment, the town manager reported that she had failed to publish the notice of public comment. There was not public hearing.

The amendment was deferred until January 6 for public hearing and council decision.

However, as LOVE reported at that time, the town was required by State Law to have the general plan hearing in the same calendar year as the year in which the amendment request was filed. So, the town, on very short notice, held a public hearing on December 30. Yes. Right in the middle of holiday week. Needless to say, there was sparse public comment.

The third time the matter came before council  was when it was heard and voted down, 4-3, by town council on January 6.  Finally, it was over.

...Because applicant feels they were "misunderstood"

But wait.

That was not the end however.  Council Member Jones-Ivey asked that the item be reconsidered because she had been told by the applicant that there had been a misunderstanding. What could possibly be misunderstood. The amendment had been vetted in two public hearings, by the town's Planning and Zoning Commission in two public hearings, and by council on two occasions.

Jones-Ivey had voted against it. She felt, however, that Kai Family, who have been around our town for a long time, deserved the chance to explain the "misunderstanding."  She failed mention or perhaps she does not know that the Kai's don't live in Oro Valley. They live in Marana. 

In late January, council voted 4-3 to rehear it.  The rehearing is tonight.

...So Kai got more time to work the system

This time delay has given Paul Oland, representative of the property owner Kai Family, and the family itself time to work the process.  This is clever on their part and on the part of town staff who are in favor of the amendment. 

Crafting a new request for approval of one, and not five concepts...

Bur wait. There is more. The applicant has reduced their original request for approval of five property use concepts. They are now proposing one: Rental Casitas.  This is actually not a rehearing of the amendment request, it is a hearing of a new request.  Thus, there should be a new application.

Council approval requires five"yes" votes

The amendment requires five votes. It is hard for us to imagine that Vice Mayor Barrett and council members Bohen and Nicolson will vote for it because there is no flaw in the logic they presented when they voted against it on January 6.  Thus, there can not be five affirmative votes.

We know that Council Members Solomon and Greene will vote for it as will Mayor Winfield.  They voted for it last time.

Which leaves Jones-Ivey. 

She told us why she voted against it. 

• First, the existing land use provides a key alternative commercial site and should remain such. 
• Second, the argument that the town needs more rooftops to support retail has not worked out over time

Near as we can tell, thing's haven't changed.

We wonder if Jones-Ivey will waste the equity she has with her constituents, the ones who voted her in. They clearly told her that they want to slow down the insane level of growth caused by approvals of general plan and zoning changes by the Hiremath council. 

---

He's Back! Kai Wants Even More Residential For Silverhawke

From commercial to residential
The owners of the Silverhawk development are seeking a general plan amendment to add residential land to the development.  The land, known as “Silverhawke Block 5”, abuts the northern boundary of the Silverhawke planned development, extending to Tangerine Road. It is 24 acres.

The land is currently planned for commercial property. The owner wants to change it to multi-family residential.

Applicant: Town needs more senior care facilities
Paul Oland, representing the owner, stated that the property does no lend itself to commercial use,  according to his town posted informational video on the project. He also stated that Oro Valley needs more senior care facilities. He offered no study, no substantiated justification for either assertion.  Other possible uses would be to build a rental casita community, a gated apartment community, or perhaps some combination of these.

Location of Silverawke Block 5

Applicant: Oro Valley retailers need more “rooftops”
Another of Oland's justifications for the change is that it will add "rooftops" to help Oro Valley's "struggling retailers." This is the same justification that former mayor Satish Hiremath used to justify past general plan amendments.

It’s taken 10 years, but landowner Kai got it done through politics
LOVE has chronicled the history of the Silverhawke area. In 2008, the landowner, Herb Kai, proposed an amendment that was withdrawn in June of that year based on significant resident objection.

Kai waited for a new council. In 2015, the council unanimously approved rezoning what is now the Silverhawke property from low density to medium density residential. They approved
211 detached single-family lots ranging in size from 5,520 sq. ft. to 7,200 sq. ft, with some commercial. Now the landowner wants to change some of that commercial land.

Voice your opinion
Today, you can see the result as you drive on First Avenue. The rooftops are almost on top of the road. The homeowners have a great view of the traffic on First Avenue. It's just another "on top of your neighbor" development. It's nothing special for our special town.

Let the town know how you feel about this proposed general plan amendment. You can do this through by submitting an email to ask@orovalleyaz.gov or by calling Oro Valley Constituent Services Coordinator Jessica Hynd at 520-229-4711. You have until April 23rd to do so.
---

Bits and Pieces

Hiremath Resigns From MAIG

On October 25, we reported that Mayor Hiremath had signed-on to support NYC Mayor Bloomberg's ill-conceived effort to restrict gun ownership (MAIG).  We were the first to report the fact that Mayor Hiremath had signed on to this group.

Though we did not say it in the posting, we knew, at that time, that his endorsing MAIG was politically dangerous for the Mayor, since what MAIG advocates rankles the "law and order" citizenry.  These people are Mayor Hiremath's political base.

Now, we learn, the Mayor has resigned from MAIG.  (Source) Apparently, the Mayor actually looked into the group and, after gun advocacy groups got on his case, decided that it was best politics to get out of it.

We guess that Mayor Hiremath finally decided that a law abiding community like Oro Valley "don't want no more gun control."

Didn't Mayor Hiremath have enough sense to know this in the first place?
---
Oracle and Magee Continue To Be Oro Valley's Major Collision Intersection

(source)
---
Your Water Rates To Rise In January

This week, the Oro Valley Water Commission discussed the final report of consultant CM2Hill on the cost of serving customer and increased water rates.  The final study results and recommendations are the same as we reported in September.  Rates will be going up in January.
---
Neighborhood Meeting On Kai Property November 19

There is a second public hearing next week on the Kai Property.  Meritage Homes would like to build 211 homes on 117 acres of the Kai Property. The homes will be located on the central and northern portions of the Kai Property.  Use of the property in this manner will require a zoning change, as we have previously reported.

---

Oro Valley Named Bicycle Friendly

"The Town of Oro Valley has been named a “Silver Level” Bicycle Friendly Business (BFB) by the League of American Bicyclists. The League describes a bicycle-friendly business as one that, “welcomes cyclists with trails, bike lanes, share-the-road campaigns, organized rides and Bike to Work Day events...As part of this new designation, the Town will have access to a variety of free tools and technical assistance from the League to make biking even better in Oro Valley. (Source: Oro Valley Press Release)
---

A Tempest Is Brewing Over The Kai Property

If you live near or around the Kai property then you are in the heart of a brewing tempest.  If you live close to in, in areas such as Catalina Shadows, Catalina Shadow Estates and Palisades Point, then you are in for a treat.  This conclusion reached based on our interviews of those who attended a neighborhood meeting last week.  Attendees heard and provided comment on a "zoning request" for the Kai Property, which sits as prime real estate off of First Avenue.

Click To Enlarge

Developer WLB Management wants to build 195 homes on 7,000 sq. ft. lots on the portion of the property that is north of Palisades and East of First Avenue.  The portion south of Palisades would remain the same zoning which is low density residential.

We think that this change requires a change in the property's 2005 General Plan designated  "land use;" and a zoning change from low density residential to medium density residential.

However, town staff and the developer don't agree.  They think that this is not a land use change.  It is nothing more than a zoning change, requiring a simple majority approval by council.  We've commented on this. ( (Kai Property: Here We Go Again).

We think that a "legal" determination needs to be made on the meaning of the key words in the 2005 general plan in relation to the Kai property. The word is "overall".   We believe that, in 2005, one unit per acre was agreed to be the residential density of the entire residential portion of the property. Town staff is interpreting the term to mean an average density over the entire property.

Residents attending last week's neighborhood had other concerns:

• Habitat Destruction of Eagles Nests:  Apparently there are an number of eagles' nests on the property that would be disturbed by any construction.
• Road way exit for the property would only be onto Palisades, creating significant additional traffic. This will also create, they allege, safety hazard for walkers on Palisades and a challenge for school bus stops.
• 195 new homes will add children to, what are likely to be, overcrowded schools in Oro Valley given all the other construction taking place.

We are hopeful that town staff will hold another neighborhood meeting.  If not, the next time the public will have an opportunity to opine on this, other than here, will be at the first of two required Planning and Zoning Commission hearings.

---

The Kai Property: Here We Go Again

The town is hosting a neighborhood meeting on a request to rezone 117 of the 271 acres of the Kai Property to medium density residential.  This request is to accommodate 195 single family homes. The rezoning is to reduce lot requirements form acre lots to 7.000 square foot lots.  The property is located between Palisades, First Avenue, and Tangerine Road.  We describe what we think this property will be in a July 2012 Bits and Pieces posting.

Every few years, owner Herb Kai requests a change in zoning from low density residential, as approved in the 2005 General Plan.

Our blog contains a history of these events (Search Word: Kai).  In 2010, we noted that, over a 5-year period, owner Herb Kai had requested a general plan amendment for "...among other things, offices, shops, restaurants, housing and a continuing-care center for seniors..."  We also noted, at that time, the display of political signs on his property, nicely visible to travelers on First Avenue.  There were two sign's apiece for Mayor Hiremath, and Council Member Waters and Hornat.  Council Member Snider needed no sign. She has already been elected to council.

At that time, Oro Valley resident, Alan Dankwerth, was quoted as saying that, the blog, by noting the placement of these signs on the property, was implying that "...if elected, these three, since they were permitted to place their signs on the property, will help the Kais, should they request, to obtain an amendment to the general plan." (Source)

Yes. That is exactly what we implied. In fact, we did more than imply, On May 10, 2010, we asked: "Perhaps Satish cut a deal with the Kai's to support rezoning their property on 1st Avenue?"

Dankwerth further observed that "Changing an existing zoning designation of this type requires passage of a major amendment. Two-thirds or five town council members must approve it.  Prior to its reaching the council, two public hearings are held by the Planning & Zoning Commission, as well as two neighborhood meetings. There is a public hearing at the town council meeting should the request get that far."

The present request is not being viewed as a request requiring a general plan amendment.  Rather, they are viewing it as a rezoning of the master planned community. Thus, at the moment, the town is arguing that no general plan amendment is required.

Whether or not this request requires a general plan amendment or a zoning change matters.  A major general plan amendment requires a 5-vote council majority.  A rezoning requires a 4-vote council majority.  And, given past political support by Kai, we suspect that, absent enormous public outcry, the majority-4 in council will approve it.

At the moment, this determination matters more than what is actually being planned for the property.
---

Oh! Oh! Developer Will Seek A Major General Plan Amendment

Look out! The WLB Group will be having a meeting with neighbors in The Hopi Room at Town Hall on May 1 @ 6:00PM. They are seeking a major amendment to the General Plan.

The area of concern is the 271 acre Kai property on the east side of First Ave. between
Lambert Lane and Tangerine Road. It is extends north and south of Palisades Road, which is the only access road for thousands of neighbors.

A General Plan Amendment would be necessary to allow for all kinds of commercial entities in what is now a predominately residential area.

If you have any concerns, you should consider attending this meeting.