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
