Bits and Pieces

This weekend celebrate the season at the Oro Valley Festival
The Oro Valley Festival of the Arts & Holiday Tree Lighting Celebration, hosted by SAACA, takes place this weekend at the Oro Valley Marketplace, 12155 N. Oracle Rd. Enjoy festive performances, a visit from Santa, and a vibrant arts showcase, with the tree lighting set for Saturday at 6 p.m. This free event is a beloved holiday tradition. (Source: Town of Oro Valley “Vista” newsletter, November-December 2024)

Barrett unanimously re-appointed vice mayor 

At Wednesday's council meeting, council member Melanie Barrett was reappointed as vice mayor of the Town. Barrett has been vice mayor for the past five years.

Council unanimously approves three ordinances: Streamline litter enforcement, set zoning request time limits, and implement state-mandated accessory dwelling unit rules
Also Wednesday, the Oro Valley Town Council unanimously approved three ordinances during Wednesday night’s meeting. The first, Ordinance 024-10, updates the town code on garbage and litter to streamline enforcement of property maintenance violations. The ordinance allows alternative noticing methods, such as posting notices on properties or filing with the county recorder, making it easier for the town to address abandoned or neglected properties.

Ordinance 024-11 amends the zoning code to comply with state law on residential rezoning applications, legal protest areas, and development review expirations. It establishes a 180-day processing deadline for rezoning applications, clarifies the exclusion of government-owned properties from legal protest areas, and sets a 12-month inactivity cap for development applications before they expire.

The third measure, Ordinances 024-12 and 024-13, aligns the town’s accessory dwelling unit (ADU) regulations with state law, including height, location, and rental provisions. These changes aim to balance compliance with state mandates while addressing potential community concerns, such as neighborhood density and short-term rentals. There was minimal council discussion, as most items followed state law requirements.

The Cottage at Immaculate Heart: Check us out for the holidays!

"The Cottage is a vintage thrift store located at scenic 420 E Magee Rd, Oro Valley.  All items are previously loved, with all proceeds supporting the Sisters of Immaculate Heart.  Since our last ‘Bits ‘n Pieces’ in 2023, we’ve grown! Due to the generosity of others, we were able to enhance the landscape to allow increased parking and acquire several storage units, allowing space for increased inventory. 

We want to remind you that we’re here to offer a unique shopping experience and are a viable place at which you can donate.  Please visit our website for info regarding days/hours; donating; and, some photos of inventory (www.thecottageov.com).  Current hours are Weds thru Fri, 9am -1pm (website will always be most accurate source of info for hours and Saturday sale dates).  Call 520-405-4613 with information about pick up of items, donating on-site or any other questions.  Hope to see you soon!" (Source: The Cottage reader email)

SnOV on December 21
"Join us for the SnOV event on Thursday, December 21, from 5:00 to 8:00 PM at the Oro Valley Community & Recreation Center! Enjoy games, crafts, food and drinks (both alcoholic and non-alcoholic), holiday characters, real snow, and a special visit from Santa. Due to limited parking, visitors are encouraged to park at the Oro Valley Town Hall parking lot (11000 North La Cañada Drive) and walk to the event, with Parks and Recreation staff and the Oro Valley Police Department ensuring a safe path. ADA parking will be available at the Community & Recreation Center." (Source)

Guest View: Oro Valley Church of the Nazarene (OVCN) has Morphed from a Benign Growth to an Invasive Cancer on the Neighborhood

The below speech was given by Oro Valley resident David Dievert during the September 6, 2023 Oro Valley Town Council meeting during the Call to Audience segment. Dievert and his wife have been residents of Oro Valley for 30 years and are opposed to the Oro Valley Church of the Nazarene’s plan to build a huge sports complex with a lighted outdoor athletic field in their rural and historic neighborhood. LOVE added the subheadings.
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Oro Valley Church of the Nazarene demolished numerous structures without a permit
Oro Valley Church of the Nazarene (OVCN) purchased the Tellez property in June 2020 and almost immediately demolished the existing structures on the property. The structures included a 2,693 square foot block house built in 1980. Also demolished were a large masonry barn, stable, swimming pool, workshop, and other structures.

I called the town official responsible for permits after seeing truckload after truckload of material being hauled from the site to see if the required permit was issued. The town official said that a permit had not been issued and that they would go to the site and check on it. I don’t know if OVCN ever received the required permit.

In addition, the church removed copious amounts of vegetation from the property almost immediately after purchase. Removal of the vegetation created increased noise, increased heat island effect, more lighting pollution for the neighbors, more dust, less wildlife, and other adverse conditions for the neighborhood.

These actions demonstrate arrogance on the part of the church
The immediate changes to the former Tellez property demonstrates arrogance on the part of the church indicating that they believed that the town would approve their [rezoning] plans without hesitation.

Their arrogance also includes trying to coerce the town into approving their plan based on the argument that a sports complex is a religious activity. It is not. By definition, sports is a form of recreation and physical activity engaged in for pleasure. It is not for indoctrination to teach the beliefs or doctrines of a particular group.

OVCN is a cancer on the neighborhood
It started as a benign growth on the neighborhood, but over the years OVCN has grown into a fast-growing cancer that is destroying the neighborhood. The effect of rezoning and development of a sports complex proposed by the church will let the cancer continue to grow. The only way to stop the cancer is to cut the cancer out or attempt to stop its growth.

The Mayor and Town Council Members have the power to fight the cancer or at the very least to stop it from growing. It is time for the town to fight injustice to this neighborhood and say “No” to rezone and stop further destruction and death of the historic neighborhood.

OVCN’s invasion will cause neighbors to become prisoners in their own homes
The neighborhood was here long before the church invaded. The neighbors should not have to be walled in and stay indoors like prisoners on their own properties to protect them from the negative effects of the church.
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OVCN has Shown an Utter Disregard for their Neighbors

 

Below is an excerpt of a speech given by Oro Valley resident, Shirl Lamonna, during the February 7th Public Hearing for the Oro Valley Church of the Nazarene (OVCN) rezoning. Ms. Lamonna raised questions regarding the Traffic Impact Analysis, the Noise Impact Study, and the General Plan Conformance Analysis.

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I’m a 17 year resident of Oro Valley. I’m not a member of the church. I’m not a member of the Calle Buena Vista community nor do I know any of the people that live there. But like the CBV residents, I, too, moved here for the small-town, peaceful lifestyle with beautiful mountain views. I’ve watched these residents share their concerns for the past 10 months because of what a large sports complex will do to their community. I’ve also heard the church’s views and, as a Christian, I understand their desire to serve kids because I do that at my church. But I’ve been astonished at their utter disregard for their neighbors.

I have some questions/comments related to the supporting documentation for the project.

I’ll start with the Traffic Impact Analysis (TIA) that was prepared by a Tucson Engineering firm. On Page 3, you’ll see a reference to FDOT level of service standards. FDOT is the Florida Department of Transportation. Page 9 shows the Florida Department of Transportation’s Generalized Annual Average Daily Volumes for Florida’s Urbanized Areas.

Why are we using Florida’s Urbanized DOT standards when this is rural Arizona? Shouldn’t we use ADOT guidelines – as was done with the Oro Valley Town Center TIA?

Moving to Pages 14-15, the crash data (of roadways and intersections near the church) is from 2014 to 2018. The population of OV in 2014 was 39,875. We’re now over 47,000.

Why are we using stale data? This needs to be recalculated up to 2022 - with 2020 data excluded – since CDO High School was closed and didn’t have extra-curricular activities for most of the year due to Covid.

The Noise Impact Study is incomprehensible to me. Regarding its application to Conditions of Approval– Why does it apply only to noise amplification from the athletic field and amphitheater when we already know that noise from worship practice and events in front of the church, such as the Christmas tree lighting – present noise issues?

Regarding the General Plan Conformance Analysis in the Staff Report - Yes, this project does meet some of the General Plan requirements. But it doesn’t provide ALL residents with opportunities for quality living. It’s actually detrimental to the quality of life of the neighborhood residents.

Nor does it provide recreational opportunities unless parents are willing to pay $100 per child to enroll them in a sports program. It doesn’t focus on community safety and safe streets. It doesn’t preserve desert and mountain views. It doesn’t grow high quality employment opportunities. It doesn’t keep our small town neighborly feel. In fact, it has already promoted division.

So in closing, I hope you will address these questions and vote to recommend denial because it doesn’t support the General Plan – the people’s plan.

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The Planning and Zoning Commission voted to recommend denial of the rezoning.  It was then forwarded to the Town Council to be heard on March 1st, but that hearing has since been postponed.  A new date for the hearing has not been set.

Former Oro Valley Planning and Zoning Chair Speaks in Opposition to the OVCN Rezoning

Below is an excerpt from a speech given by Don Cox during the February 7th Public Hearing on the Oro Valley Church of the Nazarene (OVCN) rezoning. It’s not often that LOVE and Don Cox agree on town issues, but this time we are in complete agreement.


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“I spent a little over 9 years on the Planning and Zoning Commission of Oro Valley so I have a unique view of what is facing the commission tonight…

It is my opinion that the zoning change should be denied…There are multiple facts, I believe, supporting my opinion. I am not opposed to a sports ministry. I love to see kids participating in sports. I’m 78 year’s old and I still participate in senior softball…

I’m strongly opposed to the location and the inability to mitigate the negative impact on the neighborhood. The activities of the church currently invade the privacy of the surrounding residents. The current parking issues created by the overflow parking close to the church invades the privacy of those who are surrounding the church. When the church holds outdoor activities now, the decibel level leaving the church grounds invades the privacy of the surrounding neighborhood, and I suspect that if measured, it would violate the Town’s zoning codes.

The addition of competitive sports on a playing field that is mere yards from a neighbor’s backyard not only will invade their outdoor space but it will invade the interior of their home. There are current residents who can hear the aforementioned activities inside their homes now.

The church argues that they can’t utilize the current available town parks space for their activities. They state that the availability just isn’t there. I can’t argue with that…but the solution to that is not to punish the neighborhoods surrounding the church.

I thought a church would frown upon robbing St. Peter to pay St. Paul, but that’s exactly what this plan is all about. This project, while well-intended, is simply not compatible with the surrounding area. The traffic and parking issues have not been addressed, the current noise violations will be multiplied, as will lighting issues. I have yet to see a condition that stops light intrusion or sound penetration successfully.

So, when it comes time to vote, I ask that this commission vote denial. Thank you for your service to this community.”

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The Planning and Zoning Commission voted to recommend denial of the rezoning.  It was then forwarded to the Town Council to be heard on March 1st, but that hearing has since been postponed.  A new date for the hearing has not been set.

Guest View: Diane Peters – The OVCN Rezoning Request is Not About Religion

Oro Valley Church of the Nazarene (OVCN) is requesting a rezoning of their property in order to accommodate a “Sports Ministry” including a 100,000 square foot lighted outdoor athletic field, a concession building, an amphitheater, and a 75,000 square foot multi-purpose building. They want to build this in a quiet rural neighborhood consisting of homes on 3.3+ acre lots sizes with horse properties. Read more of LOVE’s exclusive coverage here.
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Although I don’t live near the rezoning in question, I do feel that I have something to offer to the conversation.

Bright lights and booming voices
My husband and I live exactly one mile from Ironwood Ridge High School and whenever there’s a nighttime event on their athletic field, the lights are so bright that we can see them from our backyard, despite those lights being shielded and despite us living one mile away.

We can also hear the announcers voices booming over the speakers during these events. The first time that happened, we were sitting in our living room watching TV with the windows closed when we heard loud voices that sounded like they were right in our backyard. We went on the patio to investigate and that’s when we discovered that the voices were coming from the high school, one mile away.

If the lights and the loud speakers are noticeable to us even though we live one mile from the high school, imagine the impact that this athletic field is going to have on the people living in the homes directly adjacent to this property.

Tens of thousands of people descending on the Calle Concordia/Buena Vista neighborhood
An article in the October Oro Valley Style Magazine was another eye-opener. Pastor Collins stated that these facilities will allow the Gospel to “be delivered to tens of thousands of people every year.”

Tens of thousands of people driving through a rural residential neighborhood??!!

The pastors’ hypocrisy is written in the moon and the stars
It turns out that the OVCN pastors have admitted just how important it is to live in a quiet neighborhood with unobstructed mountain views. They each recently purchased new homes in a gated neighborhood where the only traffic they will endure will be from the residents and their guests -- and the only nighttime lights will be from the moon and the stars. There will be no athletic field lights shining into their yards and no voices booming over loud speakers ruining the serenity of their homes.

This discussion is not about religion
The pastors and the congregation want to persuade our town leaders into approving this rezoning by regaling us with stories about how sports ministries have transformed people’s lives, but that’s irrelevant. This discussion is not about religion or promoting religion. The discussion is about whether or not to allow this huge enterprise to be operated in a rural neighborhood, thereby ruining the peaceful and charming character of that neighborhood where some of these residents have made their homes for 30 years.

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Diane Peters has lived in Oro Valley since 2003, moving here to escape the humidity of the East Coast. She’s been involved in OV politics and development issues since 2006, including organizing a citizens group in 2014 that spent 9 months negotiating a controversial 200-acre development project. In her past life, she worked in medical research at various University Hospitals in New England. Her interests include reading, writing, nature photography, travel, art galleries, museums, and politics.

Town Staff Seeks Common Ground On OVCN Sports Complex… Residents Say “No!”

Town staff seeks to forge compromise

The Town of Oro Valley Planning and Zoning staff is trying to forge a compromise on the OVCN request to build a sports complex. The proposal is unanimously opposed by the residents who will be impacted by it.

According to the residents, there is no compromise.  The sports complex will forever change the character of the neighborhood. It will ruin the “quiet enjoyment” of their property. 

The residents reiterated this position at a Town-led focus group meeting of October 24. Even so, after that meeting, a town staff member phoned one of the residents to suggest that they develop the parcel with a compromise proposal.

Nearby residents don’t want a middle ground
At the focus group meeting, town staff asked the residents if there was a middle ground with which they would be comfortable.  A resident responded: “No. We had open space when we bought this property. There was 10 acres of beautiful ranch land behind me for 40 years.”  

Residents don’t trust OVCN due to past broken promises

It is difficult to reach a compromise if the people involved in reaching the compromise don’t trust each other. In this case, the residents in the area don’t trust OVCN. They look back at history to explain why. 

They contend that OVCN does not follow the current PAD requirements: One resident noted:“The first thing they [OVCN] did when they got the property was they took out the gate that used to be across the entrance that was called for in the PAD. They also chopped down a bunch of trees that were out front that were called for in the PAD.”

Another resident noted: “After OVCN took over the last property, they took out all the vegetation that had helped reduce some of the noise.” Town staff, rather than asking why the PAD requirements had not been followed, asked the applicant what could be done to reduce the noise. Their question was off topic.

Residents point to other reasons for lack of trust. Several years ago, when the possibility of a sports complex was brought before them, residents asked how the complex was going to be funded. OVCN representative Paul Oland told them that it was none of their business. He pointed out that it is "a private company."

The company with whom OVCN is partnering is a nonprofit organization. It is not a “private company.” We discussed this company, Upward Sports, extensively in Monday’s article.

Residents contend that OVCN has pushed it too far

It was the residents who first allowed OVCN to be expanded; then to host various events in the parking lot. One resident noted: “We live there…24-hours a day. They have an audible burglar alarm that goes off all times of the day and night…My wife and I have lived there for 30 years and we’ve put up with this the whole time. Before, we always said “yes” [to the church’s requests] and now is our chance to say “no” because you guys pushed it too far.”

There were many other issues discussed at the focus meeting

Noise
According to Oland, Oro Valley does have a noise ordinance. “As traffic increases there will be more vehicle noise but it will not be out of character [for the area]. We’re not going to have people out there revving their engines.”
Missing “green belt”
During the Neighborhood Meeting last spring, a resident stated that the original OVCN leadership promised a Green Belt around the existing facility and that OVCN should be committed to honoring the agreements that their previous leaders made with the neighbors.  Neither town staff nor the applicant appeared to have any knowledge of this agreement, but town staff agreed to look into it.
Water use

The field will not use water. It will have artificial turf. 

Outdoor concerts

OVCN is not planning to use the complex for concerts. There will be music when there is an outdoor service. The current complex plan includes a screen wall to mitigate the noise. According to town staff, the town’s zoning code has established noise standards and guidelines with which OVCN must comply. There are also noise nuisance requirements that are enforced by the police department. 

Public Hearing Postponed

The focus group meeting was so contentious that the Planning and Zoning Commission Public Hearing scheduled for the following Monday was postponed.

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Want to know more about this situation. Read LOVE’s extensive coverage.

Guest View: Diane Peters - Observations from the Neighborhood Meeting for the Church of the Nazarene Proposed Rezoning

Background Info
The second Neighborhood Meeting regarding the Church of the Nazarene rezoning request was held in Town Council Chambers on Monday, March 28th. The church property is on 27 acres at the NE corner of Calle Concordia and Calle Buena Vista. A fact-sheet provided by the church states that the church recently acquired an additional 10 acres northeast of the existing building on which they want to expand to broaden the outreach of their youth sports programs.

The existing zoning designation is for religious facilities and private schools. The church wants to rezone to a Planned Area Development (PAD) to construct new buildings and athletic facilities (including an outdoor athletic field with 70-foot tall lights), and an outdoor amphitheater.

The adjacent homes on Calle Buena Vista are zoned R1-144 (rural residential on minimum lot sizes of 144,000 square feet or 3.3 acres). As such, the neighbors are opposed to this rezoning which would drastically change the character of their rural residential neighborhood. I have been informed that, prior to this meeting, several neighbors had met with the pastor only to be frustrated and disappointed with the conversations.

The congregation packed the council chambers
At 6 PM there was a standing room only crowd with approximately 150 people inside the council chambers and approximately 50-75 people standing outside the door in the courtyard listening to the meeting over a courtyard speaker. My hunch (which you will soon see was correct) was that this crowd was made up mostly of the church’s congregation who had packed the room in order to overwhelm and drown out any dissenting views. This scene looked eerily familiar to me. I had flashbacks to when the “Green Shirts” packed every neighborhood meeting during the town’s discussions on possibly closing one or all of the town-owned golf courses. And in doing so, they drowned out all views that did not align with theirs.

Those in the courtyard, including myself and my husband, could hear the presentation but could not see the slide presentation on the screen which made it difficult to follow the proceedings. It was also cold and windy in the courtyard and not conducive to standing there for what was scheduled to be a 90 minute meeting. We left after 20 minutes.

It was an enlightening 20 minutes
While we were there, Pastor Collins (the executive pastor and second in command) spoke about how he came from a broken home and that he had two focuses in life…sports and God. Apparently, these are the two things that saved him and led to the church’s philosophy of saving others using the same approach of “sports and God.”

When he finished his speech, which was all about his testimony to God and nothing about the needs for the rezoning, there was thunderous applause from both inside and outside the council chambers. Yes, my hunch was correct. The congregation had packed the chambers.

Concerns of the adjacent residents
The following day I spoke with a resident who lives near the church whose property will be severely impacted by this rezoning and expansion. He informed me that none of the speakers from the congregation spoke about the issues at hand, but instead used their 3 minutes each to give testimonies to Christ.

In contrast, when the neighbors spoke at the podium, each one spoke on a different topic that was actually relevant to the proceedings. These topics were: Overview, traffic issues, lighting, noise issues, drainage, cost vs. revenue, and changing the character of the neighborhood.

Impression
The impression expressed by some in attendance was that the beliefs of the church’s pastors and congregation leave no room for negotiation as they, and only they, are properly connected to God. I didn’t even stay for the entire meeting (which ran 2 hours) but that was also my impression after just 20 minutes of observations.

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Diane Peters has lived in Oro Valley since 2003, moving here to escape the humidity of the East Coast. She’s been involved in OV politics and development issues since 2006, including organizing a citizens group in 2014 that spent 9 months negotiating a controversial 200-acre development project. In her past life, she worked in medical research at various University Hospitals in New England. Her interests include reading, writing, nature photography, travel, art galleries, museums, and politics.

Big Changes At Oro Valley Marketplace On Display Tonight

Big changes are planned…

…for the Oro Valley Marketplace. Many of these will require town council approval of general plan amendments and zoning code changes. Tonight, the town will host a discussion of these changes at a neighborhood meeting via Zoom. You can join the meeting using this link. 

Apartments… Hotels… Entertainment Center 

Town West Realty, the project owner and developer, is proposing five separate changes (see panel) to the property. According to project representative Kerry Sylvan, “Town West is committed to repositioning and reimagining the property” for the benefit of existing residents and newcomers.

If approved, the project will result in:

• Three hotels with a total of 362 rooms and proposed heights of 49 feet;
• A five story, 500 unit luxury complex near Tangerine Road; 
• A four and five story, 229 unit luxury apartment complex near Oracle Road
• An entertainment and water park area built in a wash inside the Marketplace

Council approvals required

Much of what the applicant wants to build will require council approval because the land is planned for or zoned for only some of what they want to do. These include:

• Allowing apartments
• Reducing building setbacks and landscape buffer yard requirements along Tangerine and Oracle Road
• Increasing building heights up to 49 feet
• Building an entertainment center in a designated wash

You can watch an introductory video on the project here.

The town has yet to determine when the project will be heard by the town’s Planning and Zoning Commission and then by the Town Council.

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Note: The panel is the original submission by Town West.  The numbers in the text reflect the plans as shown in the project video.

Cresta Morado General Plan Amendment and Rezoning both failed!

Last Monday, LOVE posted an article asking our readers to attend the Planning and Zoning meeting the following evening and to please speak against the Cresta Morado General Plan Amendment and Rezoning during the Public Hearing.

We are happy to report that council chambers were three-quarters full that evening and twelve people spoke during the Public Hearing. Nine spoke in opposition. Only three spoke in favor and those three people are connected to the Episcopal Church of the Apostles. The church is the applicant who was requesting the GPA and Rezoning in order to sell off 22 acres of their land for development as a way to raise money to cover financial problems that they are having.

The proposal called for 47 lots of approximately 7,000 square feet and six “transitional” half-acre sized lots on the north side of the property.

Excerpts from The Planning Center’s presentation
Despite holding multiple Neighborhood Meetings, a spokesman for The Planning Center stated that the applicant and the neighbors were too far apart on the lot sizes to reach an agreement and that the church could not meet their financial goals with the large lot sizes that the neighbors were demanding. (Adjacent neighbors live on lot sizes of 3.3 acres and up with some living on lots sizes of 40 acres or more).

Excerpts from the Town Staff presentation
Even though the Town Staff was recommending approval, they admitted that the proposal was only “Generally consistent with the General Plan” and that the half-acre “transitional” lots represented “the minimum” of a transitional lot and that “larger lots would serve as a more effective transition.”

Speakers in Favor
One representative of the church stated that the church goes out of their way to be wonderful neighbors and that later this month they will be adding church services for those with autism and other special needs.

The church Vicar said they have gone out of their way to be a center for music and arts and that they are committed to being a good neighbor. The third person who spoke in favor was a member of the church but not an Oro Valley resident.

Note that none of the above speakers said anything about the proposal meeting the General Plan criteria or how this proposal would make Oro Valley a better place. They claimed that the new residents moving into this new development would become members of their church and this would help them to raise more funds for the church, a statement that they later could not prove when questioned by a P&Z Commissioner.

Speakers in Opposition
Topics discussed during their speeches included the proposal not being in accordance with the General Plan, destroying nearby property values, current residents paid a premium for large lots in a rural setting and their way of life needs to be respected, well-water issues, increased traffic in their rural area, setting a precedent for all the remaining undeveloped land north of Tangerine to also be rezoned down to 7,000 sf lot sizes, blading of the desert, loss of more wildlife habitat, and that the proposal would increase the current density by 20 times.

Some of the best one-liners from the evening included:

1. A resident discussed the wants of the citizens as noted in the “Your Voice, Our Future - General Plan,” and he asked:

In the General Plan, whose voice is it? The residents or the staff?

2. Another resident compared the low-density rural residential lot sizes currently surrounding the subject property vs. the proposal for tiny mass-graded 7,000 sq. ft. lots, and she pointed out that:

One of these is not like the other.

3. Another resident noted that since it was a church that was requesting this GPA and Rezoning, that it seemed fitting to close her speech with a biblical reference:

Thou shalt not approve!

Some of the Questions asked by P&Z Commissioners prior to the vote

Commissioner Gambill

• If this fails to pass, is the church likely to foreclose? No.

• How many members of the congregation are Oro Valley citizens?

They didn’t have an exact count but said that their members come from Oro Valley, Marana, and Saddlebrook. (This was proof that people don’t choose a church because it’s located next door to them, rather, they drive long distances to attend the church of their choice. This is where their argument fell flat that building new homes next door to the church would increase their attendance.)

Commissioner Bergsma

• Is selling this parcel to Richmond American homes contingent on this rezoning? Yes.

The Vote
During the discussion, Commissioner Gambill stated that the neighbors comments bear a lot of weight with her and she didn’t see this proposal as benefitting Oro Valley as it did not preserve the scenic beauty or the unique community identity as a special place. Other commissioners stated that they were disappointed in the small lot sizes, and that the half-acre transitional lots were not a large enough transition next to rural low density residential.

The General Plan Amendment was denied by a 5-1 vote. Commissioner Hong was the lone vote to approve it.

The Rezoning was denied 6-0. (Once the GPA was denied, the rezoning had to be denied as well). 

We all know that this would have been a very different outcome if it had been heard by the Planning and Zoning Commission that was in place during the Hiremath years.

Cresta Morado General Plan Amendment: A Major Turning Point. Important Public Hearing Tomorrow Evening

Planning and Zoning
Tuesday, September 10th
6:00 PM
Town Council Chambers

General Plan Amendment and Rezoning
47-lot residential subdivision (Cresta Morado)
22 acres on the NW corner of Tangerine and La Cholla

This General Plan Amendment is to change the existing development rights FROM Public/Semi-Public TO Medium Density Residential AND Rezoning FROM R1-144 (large lot residential) TO R1-7 (small lot residential).

Why is this important?
(1) The land north of Tangerine was supposed to remain low density rural residential with minimum lot sizes of 3.3 acres (144,000 square feet). Approval of this GPA and Rezoning will set a precedent for all the remaining land on the north side of Tangerine to also be rezoned down to tiny 7,000 sq.ft. mass-graded lots with 2-story homes and connecting walls.

The homes surrounding this 22-acre property are on large lots of 3.3 acres and up. For example, the homeowner living directly north of this parcel lives on approximately 50 acres. Homeowners to the west of the parcel, also on large lots, will lose their views of the Catalina Mountains due to the 2-story homes that are planned.

(2) The request is being made because the landowner, The Episcopal Church of the Apostles, is having financial problems and is operating in the hole. This led to their decision to sell off the 22 acres surrounding the church.

One of our sources has revealed that the church’s deficits were intentional as they were trying to boost their music program by hiring a Music Director and purchasing a $76,000 dollar pipe organ in 2018 (two things they could not afford). Despite announcing a projected deficit of $40,000 in 2018, they told their parishioners not to worry about the deficit because they were going to get approval to sell off the land. They then raised $76,000 in 7 weeks to purchase the pipe organ. (Note: the actual deficit turned out to be $30,000).

In other words, they were deliberately running deficits while crying poverty during the Neighborhood Meetings.

This isn’t the first time that The Episcopal Church of the Apostles has been “unfriendly” to the neighbors. Back in 1998, when the church purchased the property, they allowed their Title Company to sue the adjacent neighbors over deed restrictions.

From “Tucson Weekly, The Skinny, Shill Zone, 4/30/98”

“…[Chuck] Cowles is a leader of the Church of the Apostles and wants the church's proposed new site at the corner of Tangerine Road and La Cholla Boulevard to be in Oro Valley. Why? Because the title company missed the deed restrictions on the new church site and neighboring property when the church made the purchase. To cover its butt, the title company then sued all of the neighbors affected by those deed restrictions to get them declared illegal. The judge ruled in the title company's favor. While the church wasn't directly responsible for the lawsuit, the neighbors hardly looked upon it as an act of Christian charity…” [Source]

As usual, the town staff is recommending approval. Therefore, residents must speak up. We urge you to attend the meeting tomorrow evening and speak during the Public Hearing.

You can find more information about this project HERE

Editorial: More Housing Density? You Gotta Be Kidding!

On Tonight's council agenda:
Request to increase housing density at Town Centre
Item 2 on tonight's Oro Valley Town Council Meeting Agenda is a request to increase the allowed density of property on Oracle. It is south of Panera Bread, Mike's, and the bedding store on Oracle. It's part of the Town Centre PAD.

The reason given for the density increase is "market demand."  Could it be that there are more people who want to live within a few hundred feet or Oro Valley's noisiest high density traffic area so they can walk the length of 4 football fields in 105 degree heat to go to Target or Frys?

The request is such a patently ridiculous idea that we find it hard to believe that it actually made it on the agenda of this council
The request is ridiculous because it creates more cluster zoned homes crammed on small lots along the scenic Oracle Road corridor. This after the voters asked for a pause in the ever increasing assault of development in our once peaceful town.

As one of our readers wrote to us:

"This item is another attempt to continue the ravishing of Oro Valley. This item, if approved, will increase the number of lots the owner is now entitled to from 65 to 82. In order to do this the minimum lot size will be reduced from 15,000 sq. ft. to 6,000 sq. ft."

Just what Oro Valley needs. More small lots dumping more cars directly onto Oracle Road in an area known for congestion during rush hours.

The request means more mass grading
While there are a number of problems with this request, the worst is mass grading. The smaller lot sizes will allow mass grading on land that abuts Oracle Road. If you don't know the damages of this, you need to take a drive on 1st Avenue to see the ravishing of our beautiful town. The Villages of Silverhawke development, north of Palisades, shows the ugliness of cluster zoning and mass grading all too clearly.

Was the Planning and Zoning Commission bamboozled?
What surprises us is that the new Planning and Zoning Commission voted 7-0 for this change. We think there were some shenanigans going on.

• Why did Planning Manager Vella place this complicated issue on the agenda for their very first meeting of new members? 
• Why did he make it even more confusing at the meeting by allowing the applicant to withdraw a portion of the amendment request at the last minute, creating confusion over what was being removed and what was to remain in the plan? 
• Why weren't the applicants required to provide updated documents?
• Why weren't the commissioners allowed more time to study this prior to voting? 

Clearly this application should have been held for a future Planning meeting. Blanket approvals are no longer acceptable in Oro Valley.

The people spoke in the last election: No more density
The people replaced the former council because they do not want more housing density. Cluster zoning on small lots is essentially all that was approved by the former Town Council.  Oro Valley does not want more dense housing.

This move to change the PAD zoning should be rejected. Let the applicant build under current zoning allowances and actually offer some "diverse land use" as required by the General Plan.
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Guest View: Robert Peters ~ Cresta Morado General Plan Amendment and Rezoning Draws Ire From Neighboring Residents

Background
This 22-acre property at the NW corner of La Cholla and Tangerine is currently owned by Episcopal Church of the Apostles. Neighborhood meetings revealed that the church is having financial difficulties which has led to their decision to sell the land surrounding the church. The presenter, Brian Underwood of The Planning Center, stated, “We started this project because the Episcopal Church of the Apostles was in the hole.”

The General Plan Amendment is to change the land use from Public/Semi-Public to Medium Density Residential. The Rezoning request is to rezone from R1-144 (144,000 square foot lots) to R1-7 (7,000 sf lots).

The third Neighborhood Meeting for Cresta Morado was held on February 7th. There were approximately 40 attendees. I did not see any council members in attendance. However, Councilmember Rodman attended the first two neighborhood meetings in January and October 2018 and Vice-Mayor Barrett attended the first neighborhood meeting in January 2018 while a member of the Planning and Zoning Commission.

Town documents reveal the following concerns of adjacent neighbors:

• the request is not consistent with the vision, goals, and policies of the General Plan
• water issues -- nearby wells are declining
• 2-story homes will obstruct their current views of the Catalina Mountains
• light pollution impacting the existing rural character
• negative impact on wildlife
• they do not support any access via Como Drive
•7,000 sf lot sizes and 2-story homes are not compatible with the rural character of the surrounding area

The tension was palpable
When I walked into the Neighborhood Meeting, I could already feel the tension in the room. This “ambience” would soon deteriorate even further into skepticism and distrust for the presenter who apparently had nothing more in mind than to convince the crowd that this was the best deal that they could expect.

The presentation was given by The Planning Center. (Yes, for once it wasn’t The WLB Group). They, as all other planning groups do, glossed over the impact of this rezoning while patting themselves on the back for moving the recreation area to the west side of the property and reducing the number of lots from 54 to 47.

The discussion grew heated in a short amount of time. Some highlights are below:

• A resident asked why they had to go from the lowest density (R1-144) to the highest density (R1-7). The presenter advised that the builder (Richmond) would probably drop out if the lot sizes were any larger than that.

• A resident complained about the recreation area being moved to the west side of the property. This recreation area would now border the large lot homes on the west side. Surrounding residents want the recreation area located away from their homes.

• Why didn’t the church add this rezoning to the 2016 OV General Plan? The presenter advised that the property wasn't on anyone’s radar prior to 2016 and that the church’s financial problems arose after the 2016 General Plan was ratified.

• A homeowner stated that, “The church’s financial mistakes are not my problem.”

• The presenter advised that they don’t consider the homeowners group as a hostile element, to which one homeowner responded, “You can consider me a hostile element.”

• The discussion finally evolved into a look at zoning for the overall Tangerine/La Cholla area. One homeowner noted that it had been understood when they all purchased property in that area (some residents have lived there since the 1980’s) that the land north of Tangerine would always be zoned low-density and the land south of Tangerine was for medium and high density housing.

The transitional lot sizes and buffer zones are inadequate
This property is surrounded by very large rural lots (rural low density residential) including a 50-acre rural property immediately to the north of the proposed development. The “transitional” lot sizes adjacent to this 50-acre rural parcel are just half-acre lot sizes. This is hardly an adequate transition.

The north side of the property (abutting Limewood Drive) shows a buffer yard of just 10 feet plus a 30 foot conservation easement, for a grand total of 40 feet of buffer between a 50-acre rural lot and this medium density development.

The west side of the property (abutting Como Drive) shows a buffer yard of just 30 feet. Granted, this is double the 15 foot requirement but it’s still not nearly enough of a buffer to separate R1-144 zoning (minimum 3.3 acre lots) from R1-7 zoning (minimum 7,000 sf lots).

For comparison, during the 2015 “Capella” Major General Plan Amendment, neighbors living on large lots along Shannon Road (adjacent to the west side of Capella) negotiated a 200 foot natural desert buffer between their homes and the Capella medium density residential development.

Conceptual Site Plan

My opinion
This rezoning would set a dangerous precedent. We’ve all witnessed that after a rural low density area gets rezoned down to 7,000-10,000 sf lots, it sets the stage for all the undeveloped land surrounding that parcel to also be rezoned down to tiny mass graded lots (with 2-story homes and connecting walls). The developer uses the first rezoned parcel to claim that the parcel next to it should also be rezoned down to 7,000 sf lots in order to be “compatible” with the first parcel. And on and on it goes until there are no rural areas left, roads are widened to four lanes, traffic lights are installed, and the wildlife disappears.

It bothers me that one entity – one landowner, can disrupt so many lives with their development plan, especially in an area that was originally zoned for rural low density. The town has frequently given more consideration to one landowner than to all of the surrounding neighbors that these plans will affect. It isn’t right. But it’s done because greed takes precedence over way of life. It also happens because decision makers see Oro Valley as a building project rather than as a community. In this case, the community is rural residential with unspoiled desert surroundings and solitude.

Town Planner Michael Spaeth stated, “It’s the applicant’s job to demonstrate that what they’re proposing improves upon what’s there today.” Does anyone believe that this plan is an improvement?

The neighbors are justifiably upset.

Editor’s Note: This will most likely be the last Neighborhood Meeting. The proposal will be presented to the Planning & Zoning Commission for a vote. If approved by P&Z, it will be sent to the Town Council for the final vote.

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Robert Peters is an Army veteran who served in Germany and South Korea. He has a Bachelor’s degree in Russian and Eastern European Studies and a Master’s degree in Business Management. He relocated from New England to Arizona in 2003 and was employed by Raytheon Missile Systems for 12 years, retiring in 2016 after 50 years in the workforce. He’s been active in dog rescue organizations for the past 20 years. He’s also an avid reader and history buff who has traveled extensively throughout the U.S., Europe and Russia. A former hippie, he attended the 1969 Woodstock Festival in Upstate New York.

Last State Lands "Informational Meeting" Tonight

Tonight is the last of four focus area workshops on the "...rezoning of an Arizona state-owned property comprising approximately 885-acres located north and south of Tangerine Road in proximity of Thornydale Road and Shannon Road, OV1802373 6 – 7:30 pm at Casas Church, 10801 N. La Cholla Boulevard."

It is a chance for you to learn what the town is considering. You will also have the opportunity to voice your thoughts.

However, the time to present your opinion is when the rezoning is heard by the Planning and Zoning Commission; and then, by the council. So, we suggest that you go to the meeting to learn as much as possible so that you will be able to present a cogent discussion to the commission and to the council if you wish to do so.

The meeting will be held from 6 – 7:30 pm at Casas Church, 10801 N. La Cholla Boulevard.
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Mark your calendars

Tangerine State Land Rezoning

Neighborhood Meetings

This Thursday, September 13th

6:00 to 8:00 PM

Town Council Chambers

Next Thursday, September 20th

6:00 to 8:00 PM

Town Council Chambers

Please read the below Guest View for complete details on what is being proposed for this 885 acre parcel and why you should attend this meeting.

Guest View: Alyssa Page ~ More desert destruction on the horizon

The Town of Oro Valley is moving forward with extraordinary urgency regarding the State Trust Land (885 acres of pristine Sonoran Desert) that lies at the northwestern edge of Oro Valley. The reason for the urgency is a mystery, but here is what we know so far.

On August 28th, Primary Election Day, the Town of Oro Valley residents voted to replace the incumbent mayor and council with Joseph Winfield (mayor) and Joyce Jones-Ivey, Josh Nicolson and Melanie Barrett (town council). The newly elected officials ran on the platform of responsible development and improving compromise and balance between residents and developer interests.

The very next morning, August 29th, the Town staff were out pounding their notorious yellow “Public Meeting” signs into the ground announcing two neighborhood “public meetings” on September 13th and 20th regarding the State Land annexation.

Proposed Rezoning Area
(Source: Town of Oro Valley)

Why have the meetings within one week of each other? The typical purpose and timeline of neighborhood meetings is to gather information from the first meeting, then make alterations based on resident input which is then presented at the second meeting. Most neighborhood meetings are weeks apart or even a month or more apart. Seven days is highly unusual, and hardly allows for any changes or compromise.

Here is the potential real problem
Once two neighborhood meetings have been held, the minimum requirement has been met. At this point, the proposal moves forward to Planning and Zoning and then to the Town Council for approval.

Where is the real community outreach and compromise with the people who live around this area?

Real public input should include the following
After the two neighborhood meetings, there should be smaller group meetings with neighbors in each unique area; north, south, east, and west of the property. If that sounds like a lot of little meetings, that’s how many different and diverse neighborhoods there are around these 885 acres. All of these people will be affected by this rezoning and annexation. Therefore, each of these surrounding neighborhoods needs to be listened to individually. These meetings should all happen after the September 20th meeting after which we should gather together again for one or even two large neighborhood meetings, to finalize the compromises. That would be real public input and involvement.

Other concerning and mysterious details
In the original Tangerine State Land Rezoning and Annexation documents posted on orovalleyaz.gov the following dates were listed.

Meeting Dates-
1. First neighborhood meeting – September 13,
2. Second neighborhood meeting – September 20, 2018
3. Planning and Zoning Commission Hearing – October 8, 2018*
4. Town Council hearing – October 24, 2018*
(*Tentative and subject to change)

However, by Friday, August 31st, the Planning and Zoning and Town Council hearing dates were removed and replaced with “To be Determined.”

Is the staff and council’s intent to push this rezoning and future annexation through prior to the new council being sworn in in November?

What is being presented on September 13th
High-density Condo, Apartment (up to five stories high) and Townhome parcels. Upwards of 1500+ units and potentially over 1500+ single family homes on small 5500 sq ft lots. In all there will be 3000+ units, plus additional commercial sites all on 885 acres.

This is the largest rezoning and annexation in Oro Valley in over a decade. Let’s get this deal done right and not rush into rezoning deals that Oro Valley and her residents will later regret and resent.

Please come to both neighborhood meetings on September 13th and 20th. Your presence is needed.

Click HERE to read the Town notice of the two meetings.
Click HERE to read the project fact sheet.
Click HERE to read Tim Stellar's article in the Arizona Daily Star.  Read what Mayor Hiremath and Mayor-elect Joe Winfield have to say about this rezoning.
.......

Alyssa Page is a wife, mother, writer, photographer and community activist. She is a graduate of Brigham Young University with a BFA in Photographic Design and a minor in Communications.

Bits and Pieces

More evidence of Special Interest Influence
Mayor Hiremath stated that the discussion to purchase the El Con Country Club and Golf Courses from Humberto Lopez/HSL Properties began in mid-2014. Town records reveal this to be true as the initial meeting took place on June 18, 2014.

However, what Hiremath never mentions is that just one month prior to that meeting and again one month after that meeting (the meetings that would set the stage for the Town’s $1 million dollar deal with HSL) Humberto Lopez/HSL Properties donated a total of $14,000 to the campaigns of Hiremath-Hornat-Snider-Waters.

And they wonder why residents don’t believe their claim that special interest donations do not influence their decisions.

Another broken promise
In October 2015, Mayor Hiremath was quoted in the Explorer as stating:

“The upgrades for the (Community Center) buildings and golf courses will be paid for by a 0.5% increase in our sales tax rate. There is no borrowing involved so there would be no long-term debt. We are paying cash as we go.” [Oro Valley Recall Election Candidate Answers, Explorer, 10/21/15]

Fast-forward to the June 6, 2018 Town Council meeting:
Mayor Hiremath and the Town Council voted unanimously to bond for $6 million dollars in order to remodel the outdated Community Center and upgrade the aging golf course irrigation lines.

What happened to the upgrades being paid for with the half-cent sales tax increase? Looks like just another broken promise from Hiremath-Hornat-Snider-Waters.

Incumbent Flyer Myths – It’s the Recession stupid
The incumbents (Hiremath-Hornat-Snider-Waters) distributed a Myths vs. Facts flyer where they attempt to answer the so-called myths about their 8 years on council. We don’t have time to address all of their excuses, but this one was particularly amusing.

Myth: “This council is putting up too many homes too fast.”

Their Response: “From 2000-2010, the number of home permits issued was an average of 383 home permits per year. Since 2010, during this council’s tenure, the number of home building permits issued has been an average of only 182 per year (a 45% decrease).”

The Whole Truth: First of all, it’s disingenuous to compare a 10-year period with an 8-year period, but more importantly, they omitted the fact that the recession began in 2008 and continued through their first five years in office, 2010-2015. Homebuilders stopped building during the recession. The lack of new home permits during this time wasn’t because the incumbents were being selective with their approvals, it was because there were barely any developer applications to approve!

According to Town Finance Director, Stacey Lemos, Oro Valley was still feeling the results of the recession until around 2014-15. Quoting her from the June 6th budget discussions:

“The adopted budget amounts fluctuate (over the years) and not only reflect the impact of The Great Recession when we saw those budgets dip below $100M during FY 2011/12 through 2013/14, but we also see them start to rebound (in 2015) as the local construction activity started to gain speed in the single family and multi family housing markets.”

In a separate section of their “Myths” flyer, the incumbents admitted that their tenure took place “during Oro Valley’s worst recession in history.” This means that they knowingly included the low number of permits approved during The Great Recession in order to skew the calculations in their favor.

Town records reveal that in 2010 and 2011 (during the Recession) they approved only 50 and 47 single family home permits respectively…but by 2016 and 2017 they had approved 302 and 335 single family home permits respectively.

Town permit records do not yet show that in 2018, they also approved a total of 748 new “cluster homes” just in the LaCholla area. So while they claim that since taking office in 2010, their average is 182 home permits per year, that average jumps to 462 per year in the past three years. (302 + 335 + 748 = 1405 divided by 3 = 462)

Councilmember Mary Snider omits important details at El Con Forum
During the Candidate Forum held at the El Conquistador Hotel on July 31st, Councilmember Snider claimed that the proof that they listen to citizens regarding development proposals was that the Capella rezoning (west side of LaCholla between Naranja and Lambert) took three years to pass.

What she didn’t say was that the Major General Plan Amendments for this parcel were approved in May 2015 (after 9 months of negotiations with a citizens’ group in which Snider played no part) and that it was the applicant who chose to not come back to request the Rezoning until three years later in 2018.

Mayor Hiremath lies about “the simple things”
In the June 20th Explorer, Hiremath made this assertion about the challengers: “If they are willing to spread falsehoods to you about simple things, then you have to ask yourself what will they be willing to tell you on serious matters if elected?”

If you watched the Take Back OV video that we posted on Friday (Mayoral Fiction and Fantasy) you now know that while Mayor Hiremath claimed that, “It felt good to interact with the community while canvassing for signatures” and “we didn’t really get any negative feedback at all” (implying that he had done some serious door-to-door canvassing), a review of his petitions (public record) revealed that he collected only 20 signatures.

If he’s willing to spread falsehoods to you about simple things…

Maximizing profits should not be the rationale for rezoning land in Oro Valley

Below is an excerpt from the speech given by Oro Valley resident, Michael Sanderson, during the May 16th Town Council Public Hearing on the Capella rezoning. Yesterday, we published the speech that Diana Sanderson gave the same evening. We’re publishing these speeches to show our readers that the current Town Council does not listen to the citizens, no matter how well-researched and well-presented those citizens’ speeches might be.

Mr. Sanderson’s Speech
We live in the Canada Hills area. My wife and I sent a letter to each of you at the first of the week. I assume you have taken the time to read it. In the letter, we listed the specific variances proposed in the rezoning for the Capella PAD that are unacceptable to a significant number of Oro Valley residents. We have been meeting with these residents for the last three months.

We, unfortunately, do not have time this evening to discuss each variance, as we did in the letter. Very briefly – they center on the following requests by the Developer:

• In the residential areas: to create dense single-family housing by reducing the size of the lots and placing the homes closer together, beyond existing town code.

• In the multi-family housing: to reduce the open areas surrounding the structures, again, beyond town code.

• In the commercial zone at the NW corner of Naranja and La Cholla: to expand the size of the buildings from the existing code of 5000-9,000 sq. feet to 20,000 sq. feet.

• In the commercial zone at Lambert and La Cholla: to have a super big-box store of 125,000 square feet, more than twice the size allowed by current code – and bigger than any single store in Oro Valley except the Walmart Supercenter at Oro Valley Marketplace.

• In both commercial zones: They are also requesting that commercial buildings in both areas be five feet higher than allowed by code.

The Zoning Code is intended to maintain the character and quality of the town by imposing development standards and to reduce adverse impacts on neighboring property owners. Unfortunately this proposed plan seeks variances that would allow the developer to degrade the character and quality of Oro Valley and have an increased adverse impact on neighbors.

Three of us met with the applicant in an attempt to understand the need for the zoning variances. We, absolutely, appreciate him taking the time to meet with us and provide detailed responses to our questions. Clearly we do not agree with the basis for the variance requests.

Our interpretation of the responses was that they were based on the need to build as many single-family homes, multi-family dwellings, and provide as much commercial square footage as possible to maximize the profits for the current landowners and prospective buyers. This should not be the rationale for rezoning land in Oro Valley.

We support the amendments proposed by the Planning and Zoning commission at their April 3 meeting and approved by a 6-0 vote.

In addition, there must be the 5 conditions that we listed in the letter we submitted to each of you. These conditions for approval of the Capella PAD rezoning have been thoughtfully researched and considered by our group of concerned Oro Valley citizens. We expect you to add these conditions to the amendments unanimously approved by the Planning and Zoning Commission. These combined conditions represent a reasonable compromise to allow this PAD to move forward.

This is your opportunity to demonstrate to the citizens of Oro Valley that you do listen to their concerns.

(Editor's Note:  The council did not listen.  They approved the rezoning with a unanimous 7-0 vote).

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For reference, below are the amendments passed 6-0 by P&Z during the April 3rd meeting.

Planning & Zoning Amended Motion:

1. All future site plans for each parcel will go through the Conceptual Site Plan process to be considered by the Planning and Zoning Commission as well as Town Council for further review.

2. Complete an updated Traffic Analysis for each development phase required by Town Code.

3. Parcel M is restricted to 1-story height within 300 feet of the west property boundary.

4. The plans for restrooms and playgrounds in recreation areas must be maintained.

Below are the additional conditions that the Sanderson’s requested in their letter to the mayor and council:

1. All single family homes in the PAD shall meet the requirements of R1-7 zoning regarding minimum lot area, lot width, yard setbacks, and building height; except that the minimum lot area in Parcel H, for homes not located along Lambert Lane, can be 6600 square feet, per the Special Area Policies adopted in 2015.

2. Multi-family residential buildings in the PAD shall meet the requirements of R-7 zoning regarding outdoor open space and outdoor private living space.

3. All businesses in the C-N commercial zone at the NW corner of Naranja and La Cholla shall meet the current C-N zoning requirements for business floor area limits, building height and allowable use.

4. All businesses in the C-1 commercial zones shall meet the current C-1 zoning requirements for business floor area limits, building height and allowable use.

5. A traffic control “island” or curbing shall be placed at the Canada Hills Drive intersection to not allow through traffic to cross La Cholla. (The proposed design will not be sufficient to “not permit eastbound or westbound through-traffic across La Cholla Boulevard” as stated in the current proposal).

Guest View: Mike Zinkin ~ Speak NOW or forever lose your peace

NOTICE OF PUBLIC HEARING

Wednesday, May 16th, 6:00 PM

Town Council Chambers

CAPELLA REZONING
Approx. 200 acres on the West Side of LaCholla between Lambert and Naranja

FROM: Large lot residential (R1-144 / approx. 60 homes on 3.3 acre lots)
TO: Planned Area Development (Up to 570 cluster homes plus commercial)

The History of Capella
As a former member of the Oro Valley Town Council, I was deeply involved in the compromises that were established prior to the approval of the LaCholla-Capella Major General Plan Amendments (GPA). Negotiations took place over a 9-month period in 2014-2015 between a local citizens group, the land owner, and the project engineer (WLB Group). I also held separate meetings with the WLB Group and the Town staff that resulted in further compromises.

Passing a Major GPA requires 5 votes on Council. The Council make-up at that time (May 2015) included 3 members who did not rubber-stamp development proposals. This required the WLB Group and the land owner to sit down and compromise with nearby residents in order to get the 5 votes they needed.

Current Events
Now, the Capella Rezoning is coming before the new council, a council whose campaigns were all supported by the development community, some of whom are involved in this project.

The Capella plan, on pages 188-190, requests exceptions to the current zoning requirements. These exceptions include, among other things, floor areas of 20,000 square feet per business vs. the allowed 5,000 square foot maximum, plus allowances for taller buildings and reduced setbacks. These exceptions were not part of the agreed upon compromises.

Additionally, what was discussed between the citizens’ group and WLB in 2014-2015 was a Master Planned Community. Some time between May 2015, when the Major General Plan Amendments were passed, and May 2018 when the rezoning portion of this development comes before council, the plan morphed into a Planned Area Development.

Master Planned Community vs. Planned Area Development
A Master Planned Community is a land use definition that combines many different uses. A Planned Area Development is a zoning code definition that allows for varied zoning entitlements such as Medium Density Residential (MDR), Low Density Residential (LDR), Neighborhood Commercial (C-N). A PAD can have different zoning allowances and different signage allowances than what’s in the Town Code, if the Council allows.

For example, in the MDR acreage of Capella, the PAD can have smaller set backs than what the Town Code specifies. If the PAD doesn’t mention any differences, then the Town Code prevails.

The Modus Operandi behind the rezoning request
Why do you think the developers desire reduced setbacks? With reduced setbacks, the builder (most likely Meritage Homes) will be able to add more homes. Capella is allowed only 500 units (or 570 units if two of the commercial parcels revert to residential in the future. They originally wanted 778 units). If they develop it with the OV zoning code setbacks, they might only be able to fit 480 units on that acreage. This reduces the builder’s profit, and therefore, reduces the market price for the land owner. What do you think the Town Council will do? Strictly adhere to the Oro Valley Zoning Code or allow the builder and land owner to make more money?

This appears to be another example of the WLB Group looking for more than what was discussed and agreed upon in 2014-2015. Of course, if the applicant can ask for more at this stage of the plan, so can YOU!

Town Council vs. the Board of Adjustment
The rezoning request requires just 4 council votes to pass. I can assure you that the current council will not read the Council Packet material, and will certainly never read all the way to pages 188-190 where the zoning modifications are outlined and requested. Thus, this rezoning will likely pass by a 7-0 vote. These zoning exceptions should be vetted and eliminated. The zoning code applies to all, and exceptions should only be authorized by the Board of Adjustment.

Let your voice be heard
The Government is responsible to YOU, not the developers. You may speak on this issue at Wednesday’s Town Council meeting by completing a Blue Speaker Card located on the back counter. If you cannot attend the meeting but would like to voice your concerns, you may contact the mayor and councilmembers at Council@orovalleyaz.gov but you must do so before tomorrow’s 6 PM council meeting.

Editor’s Note: The Capella Rezoning is the first item on the regular agenda. You can view the entire agenda HERE