Town of Oro Valley Faces Three Lawsuits In St. Patrick's Day Tragedy (Part 1)

This is serious business. $89.4 million in damages sought

The Town of Oro Valley has been served with three lawsuits. These relate to the tragic traffic accident that occurred at the intersection of Naranja Park and Naranja Drive on St. Patrick’s Day of this year. It was horrific. 

Olivia Villabos and her sister Avry were struck by a vehicle driven by Sabrina Garcia. The vehicle had exited Naranja Park at about 1pm and was headed eastbound. Olivia and Avry were struck as they walked with their back against traffic trying to get to their street. They were as far over on the road as you could possibly get and well off of the driving area. You can read LOVE’s reports on this.

Though no one in the town was driving the vehicle that struck Olivia and her half sister, the town is being sued on a different basis. It is being sued on the basis that plaintiffs believe that the town should have known that an accident like this was simply “waiting to happen.“

We based this conclusion on our reading on the filings of the three lawsuits and the documents that were submitted with those filings. Documents filed with the suit claim that prior to the accident town staff was aware of the danger to pedestrians in the area of the Naranja Park entrance. The Town did nothing about this. 

Claim: Town negligent in its duty to provide safe passage for pedestrians as required by Arizona Law.
“Olivia, Avry and Emily, and the two dogs and strollers were traveling eastbound on Naranja Drive. Because there was no other available space for these minors to walk, they were on the only side of the road where they could walk. This design by Oro Valley and its agents/engineers is contrary Arizona law. Arizona law requires that pedestrians walk against traffic. It is not possible in the street design. The Town of Oro Valley did not take the proper steps to comply with its duty to keep its roadways reasonably safe for pedestrians. Had the Town of Oro Valley done so, the tragic event of March 17, 2023 would never have happened”. (Source: Adrian Claim Page 3).

The claim references Arizona statute 28-796: That pedestrians must walk lonely facing traffic if no sidewalks are provided.

Claim: Town ignored complaints of the unsafe condition of the roadway for pedestrians prior to the accident
“The lack of a shoulder was an intentional construction mistake at Musette Drive and West Naranja Drive.” the shoulder on the north side of the road disappears as the right turn lane is adjacent to the guard rail. This design defect does not allow for space for a sidewalk or even a shoulder for pedestrian use. This may seem trivial, but the mistake is fatal, because pedestrians are thereby forced to walk in the direction of traffic on the south side of the road. pedestrians can only walk on the south side of the W. Narada Dr. in this highly traffic area of the town.” (Source: Adrian Claim Page 4)

Claim: Many design defects making this a dangerous pedestrian roadway
The suit points to other defects in the design, such as a lack of crosswalks, and the lack of an ability to take safe passage when you’re walking on the south bottom of the road because of the sharp drop off into a wash. It also knows that now the town seems to recognize these defects by planning the multiuse path along Naranja Drive.

Claim: Town never acted to improve pedestrian safety as Naranja Park grew
The notice of claim recognizes the significant building that has taken place at Naranja Park. ‘However, as Narada Park grew, simple, safety measures were not put in place for Pedestrians. A traffic control crosswalk was not installed at the entry of the park. The town did not even use marked crosswalk at the entrance of this park. Traffic signals, or even yield signs change the behavior of motorists that travel in and out of the park... a crosswalk would have been a cheap fix to alert drivers that pedestrians travel through this area frequently, and that they should be given the right of way.” (Source: Adrian Claim Page 9)
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Follow for more tomorrow when we report of the inherent danger for pedestrians in the area.

Still No Short Term “Fix” Announced For Pedestrian Safety At Naranja Park Entrance

Long term solution in sight… but no short term fix

Tomorrow night, the Oro Valley Town Council will approve an agreement that should be a long term fix to the problem of pedestrian safety at the entrance to Naranja Park. The plan is for that solution will be in place by the fall of 2025. In the meantime, despite the concerns of many, the town has announced nothing to improve pedestrian safety from now until then.

ADOT will build the path

The long term fix is an agreement with the Arizona Department of Transportation (ADOT) to build a ten foot wide multi-use path (MUP) on the Northside of Naranja Drive. The two mile path path will run from LaCanada to First Avenue. Pedestrians using the path on that side of the road will be relatively safe. Hopefully, there will be some sidewalks and pedestrian controlled traffic lights so those  on the south side can safely cross to the MUP and the park walk-in entrance.

No cost to town

"The total project cost is estimated at $3,656,434 and is funded by federal Regional Transportation Alternatives Grants (RTAG) in the amount of $3,448,017 or 94.3% of the total project cost. The required local match will be funded by the Regional Transportation Authority (RTA) funds in the amount of $208,417 or 5.7% of the total project cost." (Source: Staff Request to Council, 6-7-23) The council approved a resolution last November to receive the RTA funds. It is because of a federal funding requirements that ADOT will build the MUP.

Project has started but completion is a long way off

“ADOT advertised for a design consultant on May 8, 2023, and anticipates making a selection by May 29, 2023. The next steps will include a Project Assessment or Design Concept Report, clearances for environmental, right-of-way and utilities, and 30%, 60%, 95%, and 100% design submittals (as applicable). The schedule estimates that construction will be advertised in mid-August 2024 and start in November 2024. Construction is tentative to be complete in the summer to early fall of 2025.” (Source: Staff Request to Council, 6-7-23)

No fix in the works to improve pedestrian safety has been announced… one is in the works

The town has not announced any plan to improve pedestrian safety in the area.  However, we have learned that there is plan afoot to do something. We will inform you of this as we learn more.

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Town Acts To Improve Safety On Naranja Drive...But Residents Want More Now

Teen's death on Naranja Drive spurs action
On March 17, a teen girl was killed by a motorist on Naranja Drive. Her dog was also killed and another teen was injured in the accident. The location of the incident is where Naranja Drive intersects with Pomegranate Drive. That is at the entrance to Naranja Park. The Police Department is working on their investigation. That report will be available this week. We will publish it for all to read.

The town does not consider that road and that area imminently dangerous to bicyclists and pedestrians
According to town Public Works Director, Paul Keesler, that road does not pose an imminent risk to bicyclists and pedestrians. Note, that Keesler is referring to Naranja Drive in total and not to the entrance to Naranja Park, which is where the accident happened:

“Naranja drive, much like many other two lane arterials and collectors within Oro Valley (Shannon, Moore, west Lambert, Buena Vista, for example) does currently provide safe and separate pedestrian travel corridors via paved and soft shoulders. In fact, Naranja Drive between La Canada to First Avenue offers more paved shoulder than many other similar roads within Oro Valley, as well as providing the maximum soft shoulder the surrounding terrain allows. Combined with State Statute 28-735 Overtaking bicycles; civil penalties where vehicular traffic must exhibit caution and space passing a bicycle, these two-lane collectors and arterials do not exhibit a history of frequent pedestrian versus automobile collisions. Yes, providing separated multi-use paths is even safer and better for the traveling pedestrian community, but to make the claim that Oro Valley streets without adjoining MUP’s [Multi-Use Path] or sidewalks pose an imminent risk to the public is not supported by data." 

Public Works Director Keesler:  Town acted immediately to address situation

"This incident was immediately addressed within the Town’s internal Traffic Safety Committee (TSC). The TSC is a consortium that is composed of members from Engineering, PD, Planning, Legal, GRFD, and Safety Management." 

According to Keesler, the town has initiated the following actions:

• Increased Police patrol 
• Added this section of Naranja to the Police traffic complaint hotline – the traffic unit has added it to their list of complaints that they actively work 
• Speed trailer present next week 
• Increased speed enforcement stops to provide education to motorists 
• Continue to work on the MUP, processing this through the Federal system to get under construction
• Will be conducting a speed study next week to confirm the proper posted speed limit. Posting an artificial speed limit that is too high or too low for the design of the street can actually pose additional hazards/problems. That is why the Town adheres to setting speed limits that correspond to the use and design of a particular street. 

Site of the incident is the entrance to Naranja Park.. inherently dangerous to pedestrian travel

We don't know the details of the accident. We are awaiting the police report to learn that. However, we do know that the accident occurred east of the entrance to Naranja Park. The panel at right is a picture of that area, viewed from Pomegranate. 

As you can see from the panel, there is a narrow paved shoulder between the eastbound travel lane and a guard rail. Any pedestrian walking in that area has no escape route if danger is imminent.

There is no pedestrian walking shoulder on the north side of Naranja Drive [see panel below left]. This is because there is a guard rail that abuts an entrance lane to Naranja Park. There is a travel lane for bicycles and a sign that tells drivers to beware of such.  There is no such warning regarding pedestrians. In addition, it appears that the town paved over a soft shoulder where once pedestrians could walk in order to create this exit lane. A pedestrian walking in that area is has no access option.

Finally, there is no cross walk nor is there a pedestrian controlled traffic light. Nor are there any signs to alert drivers to pedestrians going to and from the park. Add to this a 45mp speed limit, which is far too fast for this section of Naranja Drive.

Our conclusion: A pedestrian walking along the roadway in that area has no option to seek safety from traffic regardless of which side of the road they are on.

In comparison, pedestrian access to Riverfront Park access is far safer

The town knows how to create a safe park entrance.  The pedestrian access Riverfront Park is excellent. There, the town built multi-use paths and added pedestrian-controlled traffic light for crossing the roadway.  This access is first-class.

Pomegranate Drive residents want more action now

We asked the council what had been done to improve pedestrian/bicycle safety on Naranja Drive because we saw no changes on that road since the accident. We also listened to three residents who live on Pomegranate Drive.They spoke in the "call to audience" portion of last weeks Town Council meeting. They addressed their concerns about pedestrian safety on that road and made suggestions as to things that could be done immediately. Resident Dr. Diane Stephenson called for an immediate reduction of the speed limit. Another called for markers to be installed to demarcate the turnoff lane into the park, where the accident occurred. There is no pedestrian safe area there. A third decried a rather dismissive email received from Keesler discussing the long term solution of a planned multi-use path.

There is so much more that the town must do to make this entrance pedestrian safe now.

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Guest View: Rosalie Roszak ~ Variances, Variances!

The La Cholla Major General Plan Amendments that were approved by Town Council in May 2015 have now entered the rezoning phase. The project is now called Capella Planned Area Development.

Phase 1. General Plan Amendments. May 2015.
The Kai/Capella Property at La Cholla between Lambert and Naranja received an approved General Plan Amendment in 2015 which allows up to 500 (and possibly 570) homes, plus commercial uses on the corners. Area residents were never pleased about this plan, since underlying zoning for the property is R1-144, which allows only 1 house per 3.3 acres or about 63 homes for the overall 210 acre property.

My husband and I were members of the original citizens’ group (Citizen Advocates of the Oro Valley General Plan) that fought these General Plan Amendments. Some of the concessions the citizens’ group successfully negotiated at that time were lowering the number of homes from 778 to 500 and removing apartments and senior care facilities from the plan. We also placed numerous restrictions on the type of commercial entities that would be allowed.

Phase 2. Rezoning Requests. April 2018.
Now, in the Rezoning phase, the land owners/developers are asking for variances and allowances to the original agreement.

Residential
The General Plan Designation of R1-7 permits 7,000 square foot residential lots. In 2014-2015, the citizens’ group fought for minimum lot sizes of 10,000 to 15,000 square feet, more in keeping with nearby lot sizes. The applicant is requesting a variance for 6,600 square foot lots in exchange for allowing somewhat larger 10,000 sf lots along Lambert Lane.

Commercial
Commercial areas also require variances. The C-1 zoning on the NW corner of Lambert/La Cholla currently permits maximum building size of 60,000 square feet. The Rezoning requests a variance for up to a 125,000 square foot building…more than double the allowable size. Oh, and a gas station. Of note is that surrounding homes to the west and south are custom homes on one acre plus lots.

The La Cholla/Naranja commercial corners are not spared. C-N zoning indicated for these two parcels currently allows floor areas of 5,000 to 9,000 square feet for individual stores. The applicant is requesting a variance to allow floor areas up to 20,000 square feet, again more than double the allowable size.

These Variances should be denied!
They far exceed the original land uses projected for this area under Oro Valley’s 2005 General Plan, which still showed large lot single-family residential on the acreage.

The rezoning will be heard before the Planning & Zoning Commission tomorrow evening, Tuesday, April 3rd at 6 PM in Town Council chambers. Please plan to attend.

EDITOR'S NOTE:  You can read more about the Capella Planned Area Development below.

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Rosalie Roszak is a 25 year resident of Oro Valley. She and her husband moved here in 1992 in search of good air quality. She grew up in Flushing, New York and has resided in Washington, D.C., Santa Barbara and Los Angeles. She has a Master’s Degree in Urban Economics from University of California Santa Barbara, and worked for more than 40 years in the Commercial Real Estate Appraisal and Economic Consulting fields before retiring in 2017.