Guest View: Amy Eisenberg, Ph.D. ~ Sonoran Desert Tortoises are Greatly Imperiled by Unsustainable Development in Oro Valley

This Guest View is derived from a letter sent by Dr. Eisenberg to the Town of Oro Valley regarding the proposed residential development of the Kai Property at First and Tangerine. LOVE added the subheadings. The destruction described below was witnessed on the large contiguous Kai parcel from Palisades Road to Tangerine. This is a large tortoise habitat that has been greatly reduced and fragmented due to development on that parcel.

A public hearing on this General Plan Amendment and Rezoning will be held this Wednesday, January 6th during a Town Council Special Session Zoom Meeting.  You may join the meeting and comment.  A link to the Zoom meeting can be found HERE

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Sonoran Desert Tortoise dens destroyed by Meritage Homes and Capri Co., LLC
As stewards who reside in the adjacent community, we understand and witness that this parcel has environmental and archaeological significance: Sonoran Desert Tortoises - Gopherus morafkai reside on this parcel and some of their dens were destroyed during Capri Co., LLC trenching and Meritage Homes development during tortoise brumation! This is unlawful, unethical, unacceptable and disgraceful. I contacted the President of Meritage Homes, Jeff Grobstein and Steve Hilton as well as Game and Fish to no avail!

*No hired biologist monitored this before the destruction except myself, and I was not consulted by the developers who destroyed the tortoise dens and burrows.

An illegal dumping ground
There are significant native plants and trees on this parcel as well as ancestral tools, Native American trails, ceramic shards and worked stone. Kai and Capri have been irresponsible and negligent land owners and developers. Kai has allowed this parcel to be an illegal dumping ground for many years. As stewards, we reported illegal dumping on this site to the police on numerous occasions.

Unsustainable development of this parcel leads to environmental impacts to the native plant and animal communities as well as the human community. Meritage Homes is currently trashing the parcel and workers are leaving their garbage and recyclables all around the perimeter of the Meritage Homes development zone. It is disrespectful and unacceptable. I reported this illegal dumping to Oro Valley Government, the Arizona Attorney General, and the Better Business Bureau.

Lack of respect towards native plants, trees, and wildlife
A healthy intact environment sustains life. The continued destruction of this parcel with its significant plants, trees and animal communities will be further harmed by this proposed development and it will further impact the human community. Extensive trash, destruction of animal burrows and dens, workers treating the desert parcel as a wasteland, workers defecating and leaving their fecal matter and wiping paper is a health and sanitation hazard and violation. I reported this to Oro Valley government to no avail!

Tortoise Den on Kai parcel

Shame on Kai and Capri Co., LLC for their unethical and shoddy practices of digging deep vertical trenches that entrapped native animals without placing barriers, destroying tortoise habitat, burrows and dens, and archaeologically significant sites and trails. Our human health and well-being are inextricably tied to a healthy environment. Kai, Meritage Homes, and Capri Co., LLC have negatively impacted the environment with their irresponsible development practices, negligence and illegal dumping.


Oro Valley government is certainly complicit
Oro Valley gives a green light to many unsustainable developers who have irreparably altered the natural environment to a great extent. There are mounds of hundreds of pounds of rusting cables and rusting hardware on this parcel that have been dumped there for decades. This impedes the growth of native plants and the safety of native animals that travel in this zone. It appears that Kai is not at all concerned that illegal dumping has been occurring on this once beautiful parcel and this is lamentable. As Arizona stewards, we greatly care and have cleaned up hundreds of pounds of illegally dumped trash by Meritage Homes, American Tower workers, contractors, Capri Co., LLC workers and others. These irresponsible adults should be cleaning up after themselves, but sadly, this is not the case.

Demolished tortoise habitat

A sacred homeland
This type of shoddy development is unsustainable, unacceptable, and negligent. NO, indeed, we are strongly opposed to this proposed development project. Enough damage has been done to this once pristine and beautiful parcel that is rich with Native American history in the Tohono O’odham Haki: Dag - the sacred homeland of the Tohono O’odham Nation.

As knowledgeable stewards and citizens, we must all carefully and responsibly respect and safeguard the Sonoran Desert Tortoises that still live on this greatly fragmented parcel. Sonoran Desert Tortoises and their broken habitat will surely be further devastated by the impending proposed development. They will not survive the onslaught! Gopherus morafkai urgently need Federal Protection to ensure their perpetuity and wellbeing. These magnificent creatures of the Sonoran Desert greatly deserve this.

[As previously reported on LOVE, the proposals for the remaining undeveloped land on this parcel include five land use options: apartments, rental casitas, townhomes, senior care facility, and single family residential.]

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Dr. Eisenberg is an ethnoecologist and botanist who teaches at the University of Arizona and is an Associate Scholar with Center for World Indigenous Studies. She has authored and co-authored numerous articles on indigenous peoples’ issues, social and environmental impact assessment, and sustainable natural resource management.

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.
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Two Explorer Letters. One Calls Me A "Troll." The Other Says I've Been "Dissed."

Below are two Explorer letters. For those readers that may not recognize the names " Alan Dankwerth" & Richard Tracy Sr." let me tell you, I believe it is people like them that are helping Mike Zinkin.

One refers to me----although not by name, as a "troll."

The other mentions my name and says I've been "dissed."

Read the letters, and please note they are the type of individuals that support Hiremath, Hornat & Waters.

Now perhaps you'll have a better understanding why we support Mike Zinkin & Matt Rabb.







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In OV, 'trolls' try to instill fear in voters

Internet "slang" refers to someone who posts inflammatory messages, innuendos and insinuations, with the primary intent of distorting issues and discrediting individuals, as a "troll."

Here is an excellent example of "trolling." It deals with the Kai property (some 271 acres) bordered by First Avenue, Palisades and Tangerine roads.

Over the past five years, the Kais have requested general plan amendments to change the zoning from low density residential to high density residential and commercial. These requests were all turned down and, to date, there have been no changes in this land use.

In a 29 April posting, reference was made to the campaign signs of candidates Hiremath, Hornat and Waters having been placed on the Kai property, as many candidates, with Mr. Kai's permission, have done in previous campaigns.

The "troll" issued a " special caution" to homeowners bordering the Kai acreage, and stated that they "… get frightened beyond belief when the name 'Kai' comes up." In a further posting that day, the question was posed "who do you think will help Kai with a general plan amendment, if elected?" "Yup. It's those that have their signs there." "… favors beget favors."

Clearly innuendos and an attempt at instilling fear. It implies 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.

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.

His last request was withdrawn by Mr. Kai well before it reached P&ZC due to homeowner opposition. The "process" prevents a change from being "rammed" through by a few.

Oro Valley voters should certainly want to question the judgment of any candidate who received, and accepted, an endorsement from those who deal in trolling.

Alan Dankwerth, Oro Valley







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Is this chicanery of the highest order in OV?

As a resident of Oro Valley and a 13-year observer of OV government, politicians and elections in our community, I would urge citizens of Oro Valley, including my friends and neighbors, to vote for Satish Hiremath for mayor and Joe Hornat and Lou Waters for OV council as the best choices for these offices in this election.

I read in these pages where Mike Zinkin dissed Art Segal and then Segal "the blogger" wholeheartedly endorsed Zinkin (also in these pages). Either someone did not get the memo, or, they don't think we are paying attention, or, there is political chicanery of the highest order at play.

I wonder which it is.

Richard J. Tracy Sr., Oro Valley

"Kai" Proposed General Plan Amendment: Death By A Thousand Cuts

The Kai family, owners of the Silverhake Property, have spent a decade getting general plan and zoning amendments successfully approved. Oro Valley resident Devon Sloan reminds us of the history of this property as they voiced his concern on the latest Kai attempt during the virtual comment period. The words are theirs. The subheadings are ours...
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50 years of ownership
"The Kai family is very fortunate to have been able to purchase land in our area over 50 years ago, and I am well aware that times change, but why do our voter approved General Plan and our zoning requirements need to change every time the Kai family wants to do something different with their purchase?

From residential to commercial to residential
In 2015, the family's property near First and Tangerine was zoned as large lot residential, and they wanted and were granted a change to neighborhood commercial office. Now they want to change it back to residential, but not large lot. They want to make it 167 one story or 200 two story apartments or town homes or possibly a two story senior citizen facility.

The reasoning is as follows:

• poor visibility for retail at that location 
• the parcel of land is not exactly on that corner 
• there is a weak market for retail at that location because there is a lack of residents in that area AND because of the abundance of other retail space nearby 

Plus, they claim that retail won't improve in this location.

Already reduced density in previous approved amendments
Keep in mind that the Kai family is the owner of the land that is now Sanctuary at Silverhawke with 40 homes and the Villages at Silverhawke with 186 lots. The Villages at Silverhawke were originally approved as low density residential and in 2013. The Kai family was able to have it changed to medium density residential with the property square footage reduced to 5,520 from 7,200.

Also remember that Oro Valley lives on sales tax revenues, and changing zoning entitlements away from commercial, only limits the future of sales tax revenues. Once all construction/impact fees are paid, the land will produce no revenue for our Town. With the probability of apartments going in at the Oro Valley Marketplace, this area will be saturated with apartments. Unless the Town initiates a "renters tax", apartments don't produce income. The best use of the land for Oro Valley is to remain commercial. There are no lack of residents, especially with the development of both Silverhawke complexes.

Why do we have a voter approved General Plan and Town zoning requirements if a wealthy owner of the property can change what the property becomes just by saying 'I don't want to do this anymore. I want to make more money.'"
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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. 

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A Special CAUTION To Homeowners By Palisades Road

What does the name Herb Kai mean to you? Some recognize the name as Marana's Vice Mayor.

Those of our neighbors living in Catalina Shadows or the custom homes at Palisades get frightened beyond belief when the name "Kai" comes up.

Why?

Because Herb Kai and his family own some 271 acres of land in and around the only entrance to their homes.

That's fine. What's not fine is the fact for the last five years and more, the Kai's have been coming to the Oro Valley Council requesting a General Plan Amendment to change the zoning.

What do they want?

Well, among other things, offices, shops, restaurants, housing and a continuing-care center for seniors have been requested.

Why bring this up now, you ask?

Anybody driving on 1st Ave from Oracle road towards Rancho Vistoso Blvd can't help but notice six candidate signs on Kai's property---- two each for Hiremath, Hornat & Waters.

Why is that an issue?

Who do you think will help Herb Kai with a General Plan Amendment, if elected?

Yup!It's those that have their signs there.

ONLY MIKLE ZINKIN & MATT RABB ARE ON RECORD OF STATING, "NO GENERAL PLAN AMENDMENTS UNLESS IT SERVES THE BEST INTEREST OF THE PEOPLE!"


Serve your own interests! VOTE FOR MIKE ZINKIN & ONLY MATT RABB.

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.

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WLB Meeting With Oro Valley Residents--Re: General Plan Amendment

Kathy Pastryk attended the May 1 meeting with WLB representing the Kai Property. Kathy was good enough to take notes and forward them for dissemination to our neighbors. Thanks Kathy.
Note: Kathy mentioned residents by name. I opted to delete specific names.
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Meeting on The Kai Property – May 1^st

WLB, an engineering firm out of Tucson, are planners and landscape architects who have represented the Kai Family, owners of the property, for many years. They have worked in the Tucson area for many years with Westcor, Vestar and other developers.

The 271 acre Kai property extends from Tangerine Road south to Naranja on the east side of 1^st Avenue. It is bisected by Palisades Avenue.

Catalina Shadows HOA sent out a two page informational sheet to all of their residents after residents demanded their right to know exactly what was might be coming our way.

On April 29, WLB’s Rob Longaker escorted nine residents on a “walk-thru” of the property. Immediately afterwards, emails were circulated in Cat Shadows and Palisades South subdivisions and even beyond, forewarning residents that an amendment to OV’s General Plan was being sought. The change would permit a senior continuing care facility with a parking lot and lighting that could be reminiscent of Splendido. WLB would like more commercial buildings with heights up to 34 feet. They also want to grade – or somehow flatten out the hilly, partially riparian land exempting slopes of over 25 degrees. WLB sent a detailed full-color map that residents received in their mail on April 30.

The May 1^st meeting between the neighbors and WLB was scheduled to be held in the Hopi Room at the Town Complex, but it was transferred to Council Chambers because of the numbers of attendees which was estimated at more than 200 including the Mayor and all council members except for Terry Parish.

The meeting was conducted by Pat Klein, of OV constituent services. Bayer Vella, Principal Planner of OV, spoke on the General Plan and the process of amending it, following which Paul Oland & Rob Longaker of WLB described what the kind of development WLB wants.

Some of the vague phraseology was familiar to residents who still processing and coping with their Vestar experience. Instant déjà vu was produced by hearing that “A series of meetings is scheduled so we can’t really answer that…” and “a Neighborhood Leadership Group may be formed…” This will lower the density because “clustering of buildings in pockets of higher density will allow more open space… Also, “building heights are difficult to determine as we’re dealing with a depressed site…” and more. Buildings, they revealed could turn out to be two story town homes or apartment buildings.

During a prolonged Question and Answer, dismayed residents demonstrated that they are not only wary – but they are weary -- of the process -- of being asked to donate hour after hour of our time to earnest land use discussions and decisions -- only to have them renegotiated again and again…

What particularly concerned many citizens was that The General Plan was rather painstakingly revised almost five years ago during which an agreement was reached specifying low density single family homes

On 3 acre properties. Audience members recalled a golf course that was proposed, and one man remembered that equestrian areas were to be created “to celebrate the Western-ness of Tucson.”

A Cat Shadows resident requested that WLB reps come prepare to the next meeting prepared to specifically define some of their terminology such as “continuum of care.” He also called upon Mayor Loomis who led the charge to defeat the construction of apartments in his own home turf fo speak up for open space.

The public also served notice that we know what we want and intend to stick to our convictions…that we value desert land, the hill and riparian areas and do not want to see them leveled.

A resident told the WLB reps that we’d been “bamboozled by Vestar” and wouldn’t let that happen again. Another resident asked why we should allow an amendment “just so they can make money.”

Roadways were discussed and the audience found out that as many as three road onto Palisades are planned along with a road onto First Ave. and one onto Tangerine. rep Asked to explain, WLB's Longaker said that they had been informed that Palisades is to be a major 4-lane thoroughfare. That met with many rebukes and questions from the audience.

Council member Paula Abbott asked WLB to prepare a power point presentation that would better illustrate exactly what they are planning.

Additional meetings are coming up where community input will be sought, The principals will attempt to wear us down, but we can prevail, so let’s hang in there.

The next meeting required by law, a Planning and Zoning Hearing, will be held on July 10 to be followed by a second “Neighborhood Meeting” on July 31. A second P & Z meeting will be scheduled, date to be decided.

On November 19 the Town Council will hear all sides and vote on whether to approve the proposed amendment. A super majority of 5 votes will be required for approval of a General Plan amendment – so be sure to follow closely, attend as many meetings as possible, talk to your friends and neighbors, and contact council members to tell them how you feel about The Kai Property.

Kathy Pastryk

Oland: Town Needs More Rooftops

Kai Amendment justification: Oro Valley needs more rooftops
The narrative that “more rooftops” are needed to justify more retail presence continued as the justification for approving a general plan amendment. This is an amendment of a commercial parcel located near the first avenue and Tangerine Intersection. We call this the Kai Property because it, like the entire Silverhawke area, is owned by the Kai family.

The justification was stated a last week's zoom.us public meeting by Paul Oland of Paradigm Land Design, the land engineering company representing the owner.

Request at odds with town's "economic development strategy"
The owner is presenting this general plan amendment to reduce commercial land at a time when the town's economic development strategy is to increase commercial land and to speed its development.

There are many uses for commercial property other than the neighborhood shopping center that the developer presented in 2015, when the entire Silvehawke land mass was amended. The property could be used for a variety of non retail commercial needs as currently zoned. Some of these could be very specific to the area such as medical offices or a workout facility.

Lots of rooftops proposed
This latest proposal shows a road connecting First Avenue and Tangerine Road.  As for the land use, Oland presented five alternatives, none of which are binding if and when the amendment is approved:

• 10 apartments, 2-stories each, a gated community
• 100 plus 1-story casitas with a tiny recreation area
• Senior care facility and independent senior living housing
• A  cluster of townhomes
• 55 single family homes like Silverhawk

Terrain has not changed since 2015 amendment

Tim Bohen: "What's really happened since 2015 to require this amendment?"

There were two audience questions.  Oro Valley Town Council candidate Tim Bohen referred to the slide at right. The slide highlights the area north of the property. Its hilly nature, according to Oland, blocked the line of sight  from Tangerine Rd, making the property unsuitable for retail use.

Bohen had asked what has happened between 2015 and today to cause the need for a change in land use. After all, the terrain was the same in 2015 as it is today.  Oland did not respond directly to that question. Rather, he repeated his assertion that Oro Valley needs more rooftops. 

The second question from an attendee was about Kai Drive being connected to Tangerine Road. Could a traffic-safe connection to Tangerine Road be made? Town Engineer Keesler said that the town will look into this as part of the application process.

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Jones-Ivey Asks Council to Reconsider Kai-Capri General Plan Amendment... After Rejecting It

Jones-Ivey asks town to reconsider   

Council Members Joyce Jones-Ivey and Mo Greene have asked the town council to reconsider its rejection of the Kai-Capri amendment. The reconsideration will be discussed tonight.

Sponsoring reconsideration does not mean that Jones-Ivey supports that this general plan amendment.  Rather, it may mean that she is offering support to a fellow council member who wants the motioned reheard.  A reconsideration requires one council member who voted against the plan to sponsor reconsideration.

The following are the two reasons Jones-Ivey voted against the amendment at the January 6 meeting.

Voted "No"for two reasons

Council Member Joyce Jones-Ivey voted “no” on the Kai-Capri general plan amendment at the January 6 council meeting. She joined Council Members Barrett, Bohan, and Nicolson in rejecting the amendment. You can read their remarks here. Jones-Ivey did not say why she voted "no" at that time. So we asked her. There were two reasons.

First, the existing land use provides a key alternative commercial site and should remain such

Jones-Ivey has been looking at the property for a long time. She considered its present land use when the council made changes to encourage economic development.  “I was looking a commercial properties and cataloguing in my mind what could be possible.” The Kai-Capri property “...was right on the top of my brain, mainly because of where it was located.” She concluded that is was properly zoned for neighborhood commercial given its easy access to Oracle, via First Avenue; and access on the newly widened Tangerine Road.

“If we are going to attract employers we are going to need some different locations for them to be able to look at.” In addition, Jones-Ivey noted, the property as zoned will be less disturbing to the habitat. “Leaving it as is just made sense.”

Second, the argument that the town needs more rooftops to support retail has not worked out over time

Jones-Ivey never thought that the amendment request, which changed over time, would come back to request housing on the property.

This presented a new challenge. 

“My other issue” became the high density of the land use.” The residential options the amendment sought ranged from single family housing to apartments. (Panel above). “That just seemed to be a repeat of the previous council’s position of ‘rooftops...rooftops...rooftops'. It just didn’t seem to address the issue of bringing in additional revenues.”

During her deliberations, Jones-Ivey spoke with Oro Valley Planning Director Bayer Vella. Vella emphasized that apartments bring in additional revenues. She wondered though: What kind? Reflecting on the result of the “rooftops strategy” she concluded that significant new primary employer jobs did not happen from more rooftops. Rather, Oro Valley got more eateries. “More eateries is nothing substantial in my mind. How many eateries can we have?"

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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?
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Oracle and Magee Continue To Be Oro Valley's Major Collision Intersection

(source)
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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.
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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.

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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)
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Kai Amendment Request Gets New Life

Jones-Ivey tips the scale

The Oro Valley Town Council voted 4-3 last night to reconsider the Kai-Capri General Plan Amendment. Council Member Joyce Jones-Ivey joined the three who had voted to approve the amendment in approving the motion. She have voted against the amendment at the January 6 meeting. The amendment will be heard on February 3.

Jones-Ivey: Kai Family feels there were misunderstandings

Jones-Ivey had requested that the item be reconsidered after being approached by the applicant. She said that the person who approached her " was very concerned about the fact that there was he felt misinformation or misunderstood. He wanted an opportunity to come back and have his concerns addressed."

Jones-Ivey blames possible "misunderstandings" on Zoom meeting format

She continued: "I really would like to see this happen for them. The Kai Family has been in the community for years and they have also been developing here for quite a few years and because we are using Zoom to communicate sometimes I believe there is a lot of lost communication that goes on that could have possibly contributed to the misunderstanding that they would like to have clarified. So, for that reason, I would like to have this reconsideration considered and passed by council. We can have them back and listen to their concerns.”

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Source: Oro Valley Town Council Meeting, January 20. 2021, Time 1:58:40

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.
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Barrett, Bohen, Nicolson "Shine" in Championing The General Plan

Clear support for the general plan

Vice Mayor Melanie Barrett, Council Members Tim Bohen and Josh Nicolson provided clear and unwavering support of the "Your Voice, Our Future" General Plan during last week's hearing of the Kai-Capri General Plan Amendment. They voted "No" together with Council Members Jones-Ivey. (Mayor Winfield voted "Yes".)

Barrett did her homework
Vice Mayor Barrett relies on her own analysis and not town staff to made decisions on the part of the residents. As a result, she concluded that the land use of this property should remain neighborhood commercial. She proffered five arguments in support.

There is already much land in the area zoned for residential use, land that has yet to be used

The argument that the town needs more residential property in the area of First and Tangerine to support retail located in the area has been used numerous times to justify converting commercially zoned property to residential. In fact, the prior council approved a number of commercial to retail zoning changes that are reasonably near First Avenue and Tangerine, properties that do not yet have residencies. These include Nakoma Sky (behind Home Depot); property at Rancho Vistoso and Vistoso Highlands Drive, property on the corner of LaCanada and Moore Road; and BigWash. To add yet another property before seeing the impact of these on retail in the area makes no sense. The town needs to first see how these other areas “play out”.

There are long term financial impacts on town spending to be considered

The town needs to move carefully, according to Barrett. There are long term financial impacts on town spending to be considered. She reminded the council of a study they had commissioned that noted that “The cost of municipal services is generally less for non residential development than for residential development.” Commercial haas more of an impact on the town.

Impact of recent land use changes to improve primary employment in area need time to bear fruit

Barrett also wants to see the impact of recent changes approved by this council before making yet another decision to rezone the Kai-Capri property. “We have spent a lot of the past two years... to expand property for primary employment.. Just a few months ago we passed a zoning code that would expand the allowable uses on this property... to allow it to be used for primary employment. Let’s see if this works before we consider rezoning for a different use.”

According to Barrett, the town had only 188 acres available for primary employment land before this change. Oro Valley already has a significant deficit in primary employment land compared to other towns (Marana). A town study said Oro Valley needed 300 acres to meet its ten year primary employee goal. Changing the zoning on the Kai-Capri property reduces primary employment land.

Amendment goes against some key general plan goals

“To me, there are goals in the general plan”.. that matter to her that the change proposed does not enrich. This property as currently zoned enhances some of the key challenges of meeting the general plan including the achieving the goals of improving long term financial and economic sustainability of the community, providing robust job opportunity for quality employment, minimizing traffic and maintaining a small town feel

Property, as zone, provides ideal commercial space

Her conclusion was that the Kai-Capri property as currently zoned provides for ideal commercial space. It is next to other commercial property. It’s close to “shovel ready.” The corner of First and Tangerine is one of the. last spaces in Oro Valley that provide significant commercial use opportunity.

Listen to her remarks in the panel above.

Nicolson presents two reasons he voted "no" 

Council Member Nicolson observed that proponents saying that there is not enough people living in the area of First and Tangerine fail to consider the enormous amount of discretionary spending just north of the area. He reiterated his commitment to supporting what he believes residents want (See panel left)

Bohen, likewise, did his homework
New Council Member Tim Bohen observed that the town has already done much since 2015 to make this area commercially feasible such as approving the Silverhawk development, the expansion of commercial land use to enable primary employment, the widening of Tangerine Road to provide better access to the area and marketing activities on the part of the town to let people know properties such as this are available for construction.

He concluded: “We are only three years into this ten year general plan.” This request “... does not rise to the threshold required for a change to the general plan. I respect the work that was done. I respect following the process.” 

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Publisher's View: Say "No" To The Kai-Capri General Plan Amendment

The same old story...

We’ve seen a “ton” of general plan amendment requests during our 27 years of living in Oro Valley. Almost every request has passed. Almost every request was justified based on two factors: An increase in economic activity and the need for a change based on the petitioner’s perception of market demand.

Once again

Tonight, the Oro Valley Town Council will consider and then vote on the proposed Kai-Capri General Plan Amendment, an amendment that will convert commercial property to residential property. The request is being justified using the same old basis: The change will bring more people to Oro Valley and, thus, will add to economic activity; and the market really does want apartments, or casitas, or small homes or whatever the developer wants to put on the property… but not that for which it is planned and zoned… commercial use.

 

Failed "rooftops strategy"

Yes. More people do mean more economic activity. Yes. They will generate more sales and utility tax revenue for the town. But at what cost? More rooftops do not add to quality job growth. More rooftops do not bring the kind of high quality businesses the town wants. More rooftops do not add to our "small town feel."

That was why former Mayor Hiremath's “rooftops strategy” failed. Instead of attracting quality employers, more rooftops lead to more traffic on Oracle Road as people commuted to work. Retailers like Dick’s Sporting Goods and Big 5 closed up shop. Empty storefronts remained empty. Many still are empty. Just look at the Oro Valley Marketplace. All this happened while town population grew 10%. No. A bigger population is not going to save stores like World Market that are going to die anyway.

Market demand is always shifting back and forth

The second argument, a shift in market demand, is equally specious. The real estate market is always shifting. Residential is hot today because people are nesting in place due to the pandemic. Commercial is not hot because “people are nesting in place due to the pandemic.” A year from now it could all turnaround. And it likely will.

Two controls residents have over what happens in Oro Valley. 

One is the General Plan.

The General Plan is the vision of what residents want the town to be. The town spent hundreds of thousands of dollars to create it. Residents spent a million combined hours working on it. It took two years. It was overwhelmingly approved by the vote of the people in 2016. That plan includes a land use map that specifies how each area of the town will be used. The Kai-Capri property is designated for “commercial use.” It is ideal for commercial use. Unless there is some egregious error in this land designation, and there is not , there is no pressing need, no council imperative to turn over the will of the people.

The other is who residents elect to council

There is only one other way residents can control the future of the town. That way is by electing people to council who will uphold the general plan, protecting the wishes of the people as expressed in that plan. The residents elected those people in 2018, tossing out a Hiremath led majority that never rejected a general plan amendment. That council’s behavior was outrageous. That council approved two general plan amendments to the current general plan before the State ratified the election approval vote. To them, the general plan was merely a guide to be ignored as they wished. And they did ignore the plan countless times.

The will of the people as expressed in the general plan should over ride the will of a developer and town staff

It does not matter that town staff thinks that the plan should be approved because they think that it satisfies the five criteria for general plan amendment approval. That is their judgment. There are no hard and fast rules when it comes to the five criteria. A handful of unelected town staff members and a landowner should not be allowed to overrule the will of the people. The new majority, led by Mayor Winfield, and newly elected council person Tim Bohen, promised to uphold the general plan. We expect them to do that tonight by rejecting the Kai-Capri request. It is the right thing for them to do. 

Our message to council: Just say “No”.

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Reminder---May 1 Meeting --- WLB Group Seeking General Plan Amendment

Bill Adler, a member of the Planning & Zoning Commission, and an individual who is extremely knowledgeable on the General Plan, met with a number of residents that will be directly impacted if the area known as the Kai property gets an amendment to the General Plan that the developer is proposing.

Please see our posting on this dated April 15
Oh! Oh! Developer Will Seek A Major General Plan Amendment

Bill sent me an email. Following is an excerpt from his message.
Art
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There is a neighborhood meeting with the applicant on May 1st, 6 PM in the Hopi Room in the Community Development Building at Town Hall.

Following the neighborhood meeting, I believe the P&Z will hold a site tour; a study session and then the public hearings on the amendment will begin in July.

I would hope that Neighborhood meetings on the Kai property will be productive. One of the criteria that must be met in order to approve any amendment is that the proposal be consistent with goals and policies in the Plan. On any given amendment application, there may be three dozen policies that directly relates to the project where consistency could be questioned.

The amendment proposal for the Kai property is significant, because the proposal is to change the property from one acre lots to multiple use, including a variety of housing densities, commercial, and retail. Included in the commercial use is a continuing care facility, like Splendido. These are campus like and take a lot of space, and can be quite sizable.

Bill

Big Dollar Contributions Have Power Because Money Buys Access and Special Consideration

Rodman and Solomon votes "follow the money"
In the two years they served with Hiremath and his majority, Council Member Solomon voted lockstep to approve every developer request. Rodman voted to approve all but one request, a request to rezone a property that we believe is near his home.

Instances in which they voted in favor of contributors.
November 16, 2016
At their first council meeting in office voted to approve blading of the Silverhawke property. This property was owned by the Kai Family, one of their contributors.

March 15, 2017
In March of 2017, Solomon and Rodman approved the PAD rezoning that allowed major campaign contributor Diamond Venture' Self Storage facility at Steam Pump Village.

May 16, 2018
Rodman and Solomon voted to approve rezoning of land owned by the Kai Family. This involved approximately 199-acres located west of La Cholla, between Lambert Lane and Naranja Drive; and 8.2-acres located on the northwest corner of LaCholla and Naranja Drive.  Their vote in favor of this rezoning is particularly noteworthy because Solomon and Rodman allowed multiple concept plans for each of the parcels within the PAD. The owner only needs to have further town review if they want to switch to a different concept that was approved in this bundle of plans.

On November 20, 2014, while on the Planning and Zoning Commission, Rodman approved the general plan amendment that allowed this master planned community.

Rodman and Solomon supported the construction of high density residential homes on top of Big Wash
December 6, 2017
Solomon and Rodman voted to approve General plan Amendments to allow residential housing to be built in in Rancho Vistoso Neighborhood 5. This land is on top of Big Wash. While on the Planning and Zoning Commission, Rodman had voted to amend the general plan to approve this land use change.

The "Big Wash" Project

Will the "beat go on"?
June of 2020
As a lasting thank you, we notice that Rodman and Solomon 2020 Campaign signs are posted in front of the Silverhawke Sanctuary property at the intersection of First Avenue and Lambert Lane.  This, at a time, when council is to consider a general plan amendment to add more residential land to Silverhawke, a Kai sponsored General Plan Amendment.  

Unseemly but not illegal
There is nothing illegal about taking a campaign contribution from a contributor and then voting in favor of their requests. It just feels unseemly.

Apparently, the voters agreed in 2018.

Tired of seeing all those yellow signs announcing possible land use changes and knowing the likely outcome if Hiremath remained in power, they decided it was time for a change. They replaced Mayor Hiremath and his majority with four resident centric council members: Mayor Winfield, Vice Mayor Barrett and council Members Jones-Ivey and Nicolson.

Perhaps they will consider the same when it comes to the reelection of Rodman and Solomon.
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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.  

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Kai Property Gneral Plan Amendment Withdrawn

At the June 3rd P & Z Study Session, John & Herb Kai (Capri Co., LLC) represented by The WLB Group, request for a major General Plan amendment for approximately 271 acres south of Tangerine Road and east of Palisades Road was withdrawn.

The request was to change the land use designation from Neighborhood Commercial Office (NCO) to Master Planned Community, and modify the Special Area policies to allow future development of a variety of residential housing types, community commercial uses, professional technological business park, continuum of care facilities and open space.

This is certainly good news for the neighbors who were adamantly against this major General Plan amendment.

Bits and Pieces

Marana Town Manager Get’s $200K. Will Oro Valley’s Town Manager Jacobs be left behind?
Marana’s former police chief, Terry Rozema, is now the town’s new town manager. He is getting $200,000 in his new job. This plus perks like a car and nice benefits. (Source: Arizona Daily Star) Oro Valley’s Town Manager Jacobs currently earns less. Will she be left behind?

Did you know that the town already borrowed for the “turnkey” community center?
Former Mayor Hiremath assured us that the clubhouse at the purchased El Conquistador County Club was “turnkey”. As it turned out, it was far from that. The 2021 Parks and Recreation Plan has funds recommended for inclusion to fix up the place. Bet you did not know, however, that the town issued a bond for $2,000,000 in late 2016 to pay for energy improvements. The bonds have a 15 year life.

Reconsideration of Kai-Capri General Plan Amendment avoided need for public hearings
The “original” council discussions of the Kai-Capri amendment required notice of public hearing. According to the town, the reconsideration that happened last week did not require public notice. As such, except for LOVE and the site Takebackov.com, the general public didn’t even know there was further consideration of the amendment. The Mayor did take public comment but the meeting was dominated by speakers garnered by the applicant and the Oro Valley Chamber of Commerce. This, once again, gave the Mayor a false impression that the public did not care about this amendment. The amendment failed to be approved. But, we guarantee, it will be back in some form in the next year or two

PAC "Oro Valley Strong" financed by current and former town council members
A current and former Oro Valley council members are funding a PAC called "Oro Valley Strong".  The PAC has raised more than $3,000. Contributors include: 

• Council Member Mo Greene ($1,020.80 from his 2020 campaign 
• Former Council Member Joe Hornat ($250) 
• Former Council Member Bill Rodman ($250) 
• Former Council Member Dick Johnson ($250) 

Several other contributors are Oro Valley residents who are always disparaging current council leadership and new member Bohen. Expect them to position candidates for 2022. That is their prerogative. The PAC was founded by Oro Valley resident Don Cox. A recent PAC organization filing shows that Oro Valley resident Tom Plantz is now the chairperson. Cox is a former member of the Planning and Zoning Commission.

The group Preserve Vistoso encourages all to voice support for a future preserve to council
The group Preserve Vistoso is recommending residents to speak during the “call to audience” section of Oro Valley Town Council meetings. The hope is that they will voice their support of the town’s sought purchase of the former Vistoso Golf course. Things to discuss could be the willingness of the Vistoso’ community to financially participate in the purchase; as well as their support of some the the annual maintenance cost of what will be a natural park preserve.

Town seeking applicant for stormwater commission

The town is seeking an applicant for one position on the stormwater commission.  Applicants must be residents of the Town of Oro Valley. The open position is a two-year term. 

"The SWUC makes recommendations to the Town Council on issues relating to flood control, stormwater quality management, the issuance of bonds for stormwater activities and the prescription of service charges. The SWUC meets on the third Thursday of the month at 4 p.m. Due to COVID-19, meetings are currently being held online via Zoom. 

Residents who are interested in applying for this position can contact the Town Clerk’s Office at 520-229-4700 or apply online by visiting the Boards and Commissions Opportunities webpage. (Source)

Wish us luck...

We're getting our second Covid-19 vaccine shot today. We heard that some have reaction to it. Our hope is that we won't and that, in two weeks, we'll have significant protection against this blight. Have you got your shots yet?