Council To Meet The Avilla "Trojan Horse" Tomorrow Night

The Trojan Horse:  A needed intersection change...

Tomorrow night, the Oro Valley Planning and Zoning staff will introduce a "Trojan Horse" to the Oro Valley Town Council. On the outside, the Trojan Horse is a shiny new intersection for Tangerine and Rancho Vistoso Boulevard. However, on the inside, not always apparent but not entirely concealed, is a significant zoning change.

...that is bundled with zoning changes that will allow ultra high density housing

This change would require the council's approval for two zoning modifications, allowing the addition of 207 small single-unit apartments (Avilla Projects) on two plots of land in the area. The council must approve this change as the land is currently zoned for commercial purposes.

Presented with "tainted" Planning and Zoning Commission approval

Staff will inform the council that the Planning and Zoning Commission recommends approving the zoning changes. They will state that the commission approved the changes with three in favor, one against, and one abstention. However, what they won't mention is that the commission consists of seven members, and two individuals were absent during the voting meeting. They will also no mention that two of those yes votes were from members who are no longer on the commission. Therefore, this approval is tainted, particularly given the heavy-handed manner in which town staff instructed the commission on what to do and how to do it during that meeting.

Substantial resident opposition

It is also unlikely that staff will inform the council about the substantial public opposition to this project. In fact, residents have gathered over 1,000 petition signatures, seeking a supermajority requirement for this project's approval by the council. A supermajority would entail five votes in favor. Those who attempted this effort were informed by Senior Planner Michael Spaeth that it was unlikely a super majority vote could be attained due to "...changes in State law five or six years ago that now includes acreage of the development parcel in the calculation." (Source)

Staff wants the shiny new intersection

Admittedly, for years, the town has recognized that this is a dangerous intersection, given the volume of traffic that currently exists and the significant number of crashes that occur annually. According to our communication with Paul Kessler, Director of Public Works, the town has done everything it can to improve intersection safety, short of purchasing or taking private property to create new road access. Town staff has never proposed that the town undertake this land purchase, which could be forced through eminent domain. 

Council should separate the two: 

First decide if ultra high density housing should replace commercial zoning

The fundamental decision that the council needs to make is whether or not it wants the land converted from commercial to residential use. History suggests that they may not. In 2021, this council narrowly rejected a general plan amendment that would have converted commercial lots to residential on two parcels of land on the southeast corner of the intersection. The question of fixing or redoing the intersection and how it should be done should only be taken up after that fundamental decision. It should not be part of the discussion until the council has agreed that a change should occur.

Then consider the shiny new intersection if the zoning change is deemed appropriate

...as proposed by staff and agreed to by the applicant. In other words, council will have to determine whether the solution proposed by Town staff will actually work, given that the intersection will become even more crowded due to the addition of the many vehicles of the residents of the new 207 tiny apartments. And, the addition of foot traffic that does not currently happen in that area.

This is a public hearing. Residents don’t want the change. We expect that they will exercise their right to be heard.

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