Napier Says Oro Valley Marketplace Lacks Vision and Leadership… But Is He Right?

Does Napier's claim "hold water"?
A campaign video posted on mayoral candidate Mark Napier’s site states that “The Oro Valley Marketplace is not living up to its potential due to failed leadership and no long-term vision for its development.” The claim is not substantiated. It is simply an assertion. The video gives the impression, especially to those who do not know the Marketplace’s history, that the empty storefronts, and there are many, are the fault of the current Town Council.

History says otherwise
LOVE has documented the Marketplace since its inception. Indeed, LOVE’s founding grew out of the efforts of residents who opposed Town financial support for the center. They did not like the agreement the Town made with the developer, Vestar. Vestar was to receive an estimated $23.2 million in rebated sales tax revenue over the center’s first ten years.

These residents fought to place that choice on the ballot so residents could approve or reject it. Bedazzled by the promise of an “upscale” mall like La Encantada in the foothills, and with the support of the Paul Loomis-led council, 58% of residents, in March 2006, voted in favor of the Town’s financial support for the center. They did not get that upscale mall. A subsequent Arizona Supreme Court ruling sharply restricted such arrangements by requiring that public payments provide direct and proportionate public benefits.

The Marketplace was troubled from the beginning
LOVE chronicled this history through 2019. We concluded that the Marketplace was doomed from its inception because it was not an economically feasible venture. Even with ongoing government support, it was, at best, only marginally successful. The only council that could be blamed for its failure, if any council could be blamed, would be the council in office when the decision was made to financially support the center in 2005. Indeed, the Marketplace would never have been built at that time had it not been for the financial support to which the Town had agreed.

The Marketplace struggled throughout its history. There were always vacant storefronts. No upscale stores located there. Its gross revenues fell far short of the plan. After ten years, the center had generated $16.4 million in sales tax revenue for Vestar. That was far less than the projected $23.2 million. Store after store failed. Remember Dick’s Sporting Goods? Best Buy? Ashley Furniture?

During most of those years, from 2010 to 2018, the Town was overseen by the Hiremath Council. That council included current council candidate Rhonda Piña and Joe Hornat, a vocal Napier supporter. The Hiremath Council did nothing to fix the plight of the center. And, really, what could it have done?

The Winfield Council inherited the problem
By 2019, the first full year of the Winfield Council, there were 22 open businesses and 23 empty storefronts. By October, the Marketplace had a new owner. Vestar sold the Oro Valley Marketplace to Town West Realty. The reported purchase price was $45.15 million.

Town West presented a new vision
Town West had a vision. It planned to transform the Marketplace from a primarily retail center into a mixed-use development. Town West believed that only a mixed-use development could provide the density needed to make the shopping center successful. The Town Council agreed. From 2022 to 2023, Town staff and the council worked with Town West to shape the redevelopment into a plan that could revitalize the Marketplace.

Council shaped it the Oro Valley way
The initial proposal from Town West contemplated approximately 730 apartments in two six story buildings. They sought numerous exceptions from the Town’s existing height and setback requirements. These exceptions were not consistent with the Town’s General Plan. Nor were they consistent with what residents wanted. The initial plan included a “public-private partnership” that would have required the Town to underground a wash and build and maintain an entertainment center.

After much work, the final agreement allowed 320 apartments in two three-story buildings, with the buildings limited to 39 feet. It also included a hotel. The agreement added an important condition: The agreement added an important condition: The hotel in Area 4 must receive its certificate of occupancy before certificates of occupancy may be issued for any apartments in Area 4. The initial recreational amenities would be the responsibility of the developer rather than becoming a Town-funded obligation. If the project succeeds, the council can later decide whether it wants to underground the wash to accommodate another hotel and food-court-type concepts in the entertainment district.

Redevelopment is now moving forward
Drive through the Marketplace and you can see that construction is in progress on the north side of the property. It includes one of the two approved apartment buildings, the hotel, intersection and pedestrian improvements, and the neighborhood park. Surf Thru Car Wash is ready to go on the south side. There is also a new restaurant where Red Lobster used to be. 

Napier should explain his alternative
If Napier does not see that as leadership, then we ask: What would he have done, and would it have achieved a better result? We believe that question is legitimate. We see a center that is being revitalized and is on the move again. We see a center whose redevelopment plan was shaped with the input and effort of Town staff and council. We see that as leadership.

But Napier’s video does not agree. So we wonder: What would he have done differently to make this redevelopment a reality? Would he have approved six-story apartment buildings? Would he have approved 720 apartments? Would he have committed millions of dollars in Town money upfront to fund the entertainment center?

Those are legitimate questions Napier ought to answer instead of simply trying to rewrite history.

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Council Acts: Oro Valley Village Center Ready To Go

The way is clear to remake the Oro Valley Marketplace
The remake of the Oro Valley Marketplace can now begin. Last night, the Town Council unanimously approved the final clearances needed to break ground. The project will have two expansive apartment buildings housing a total of 504 units, a hotel and a recreation area.

Approval cleared two motions

Clearing the way required that the council approve two resolutions: First, relinquished the rights to two "right-of-ways." Second, approved a recreation area that will be developed solely by the developer. The final design of that recreation area is a bit fluid and will be "worked out" with town staff.

A phased approach to building the recreation area

Town West secured approval to advance the project by working through the final "sticking point". That point was the town's refusal to pay for part of what was to be an "entertainment center."  To work around this, Town West offered a scaled-down recreation area. It is one that can be expanded to the original concept. However according to Town West, that will only happen if the Town of Oro Valley invests in under-grounding the wash that runs through that area. That would cost the town $6 million, according to Vice Mayor Barrett, speaking at the meeting. 

Nothing will happen quickly

Developer representative Keri Silvyn said that it will take 18 months before any of the three planned buildings is ready for occupancy. The first building to be occupied will be a hotel because town council specified in its initial project approval last year that a hotel must receive a Certificate of Occupancy before any apartment can be occupied. Town West will complete the two apartment complexes, one on Tangerine and the other on Oracle, within a few months of that. 

Click here to learn more about the plan for building the center.  

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Here’s What Happened While We Were Away

The ATM Explosion

In July, someone used explosives to blow the side off an ATM at Wells Fargo (Tangerine and First Avenue). No money was taken. The matter is still under investigation.

Bookstore Cafe opens.. fifteen businesses under construction

Also in July, Stacks, an independent book store and full-service coffee bar, opened in the Oro Valley Marketplace. Read more about Stacks here. They are planning a ribbon cutting this fall.  At the moment, there are fifteen other businesses “ under construction” according to the town’s August “Commercial Project Status Report.”. No commercial occupancy permits were issued in July. There were fourteen single family residence permits issues. 

Diaz-Trahan leaves 

Kristy Diaz-Trahan, the Director of Parks and Recreation in Oro Valley, resigned her position in July. Diaz-Trahan had reached a significant milestone of 10 years with the town in May and was responsible for overseeing considerable improvements to the town's Parks and Recreation facilities. We extend our best wishes to Diaz-Trahan and express appreciation for her efforts in expanding the town's system. In the interim, Matthew Jankowski has assumed the role of Director.

Town plans pedestrian safety improvements at Naranja Park entrance… final design and funding approval pending

In July, Paul Keesler, the Town’s Engineer, presented recommendations of the town's safety committee to the Council for enhancing pedestrian safety on Naranja Drive at the entrance to the park. The proposed improvements encompass the installation of rapid rectangular flashing beacons, mumble strips designed to alert drivers to the fog lane, vertical flexible devices that sit on the fog line, and a high-visibility crosswalk. The diagram on the right provides a preliminary visual representation of this plan. Keesler is in the process of finalizing the design and intends to present the completed plans to the Council soon for budgetary approval.

The town has completed a paved pathway on the north side of the road. This pathway ensures that individuals can now access the park safely without having to walk within the lane designated for vehicle exits.

Sabrina Garcia case moves slowly

Very little progress occurred in the misdemeanor hearing of Sabrina Garcia. Garcia was the driver of the vehicle that the tragic St. Patrick’s Day death of Olivia Villalobos and injury to her sister Avry.  The court held a pre trial conference in July. The next court date is a trial management conference on October 3 at 4pm. It is this tragic accident that, after our urging, spurred the town to take action to Improve pedestrian safety in the area.

Vandals wreck pagoda at Steam Pump Ranch

In large July, a vehicle drove recklessly around Steam Pump Ranch, damaging a pagoda. The police have yet to apprehend the culprit.

Town issues easy to read budget

“The Town of Oro Valley’s Know Your Town’s Budget [for fiscal 2024] document is now available online for residents to read or download.” (Source: Town of Oro Valley Media Release)

Oro Valley implemented a storm cleanup plan

This summer in Oro Valley, the monsoon season was almost nonexistent. There were sporadic instances of light rain, with just one significant storm on August 16 that brought heavy rain, strong winds, and many fallen trees. Thankfully, Oro Valley didn’t lose power like the 56,000 people in Tucson who endured up to 3 days without electricity during temperatures over 100 degrees. In response, the town announced a storm clean up plan: “Immediately after the storms, the Public Works crews worked in the evenings to clear debris and fallen trees from the roads, guaranteeing a safe commute for drivers.” As of now, the town should have completed its cleanup efforts. (Source: Town of Oro Valley Media Release)

Oro Valley Village Center Economic Development Agreement is still a mystery

At July Town Council Meeting, the Council met in Executive Session to discuss an “Economic Development Agreement” with Town West, the owners of the Oro Marketplace. The “agreement” is a request by Town West for town funding of their planned recreation area. The recreation area is part of their vision for what will be the Oro Valley Village Center. We’ve heard that the cost to the town would be more than $10million.

Bits and Pieces

Former Vistoso Golf Course is now "Vistoso Trails Nature Preserve"

The Oro Valley Town Council selected a name for the former Vistoso Golf Course preserve. They did so a this past Wednesday's town council meeting. 

There were 1,500 unique names submitted by more than 2,500 residents in a contest to name the former course. The council selected from among the top three as voted by town residents. The name, Vistoso Trails Nature Preserve," received the the most resident votes and was the final selection of council.

Oro Valley Village Center (aka Oro Valley Marketplace) visioning continues
Town West returned to the Oro Valley Town Council Wednesday night to seek guidance as they prepare to resubmit their plan for the Oro Valley Village Center to council. They were seeking guidance on the height of the two hotels. 

According to Keri Silvyn, Town West attorney, the hoteliers (Springhill Suites Marriot and Hilton Hampton Suites) require four floor buildings. That means a height of 49 feet plus 10 added feet for architecture. That brings the height 10 feet greater than the PAD permits. All council members were in favor of the increased height. 

The discussion then turned to the location of one of the hotels. Most members favored putting that hotel on Oracle as opposed to it being Tangerine. The other hotel will be in the entertainment area. 

Town West will continue the process, resubmitting their proposal to town staff. According to Silvyn, the development conforms with all other PAD requirements.

Sharp to speak at OVSBC meeting next week

Mayoral candidate Danny Sharp will be the guest speaker on May 25 at an Oro Valley Social & Business Club (OVSBC) gathering. The event is from 5-7pm at the Fork and Fire Grille in the Oro Valley Marketplace. The event is $20 cash at the door and includes food and music. Cash bar. OVSBC supports local restaurants, small businesses and Veterans/First Responders. This is not a candidate fundraising event.

Oro Valley invites community to Naranja Park groundbreaking ceremony 

ORO VALLEY, Ariz. (May 17, 2022) – The Town of Oro Valley is ready to break ground on the Naranja Park Expansion Project, a multi-million-dollar investment that will bring new amenities to this already established park. Community members of all ages are invited to attend the groundbreaking ceremony, which will be held Tuesday, May 31 from 9 to 10 a.m. at Naranja Park (810 W Naranja Drive). The groundbreaking will feature remarks from Parks and Recreation Director Kristy Diaz-Trahan and Mayor Joe Winfield. Following the ceremony, families are invited to stay and play at Naranja Park with free commemorative kites made specifically as a keepsake for the event.. (Source: Town of Oro Valley Press Release)

Town unveils third mural

There's a new mural in Oro Valley. According to Town Manager Mary Jacobs, "The mural was inspired by the beautiful starry nights in Oro Valley and the beautiful desert colors." The mural is on the concession stand in Riverfront Park. The town's other murals are at James D Kreigh Park and the Oro Valley Marketplace.

Town of Oro Valley accepting applications for Planning and Zoning Commission vacancy 

 ORO VALLEY, Ariz. (May 19, 2022) – The Town of Oro Valley is accepting applications to fill an immediate vacancy on the Planning and Zoning Commission.  To serve on an Oro Valley commission, members must be residents of Oro Valley, be able to attend the designated meetings and complete the Town’s Community Academy within their term. Planning and Zoning Commission members serve two-year terms. Those interested in applying can visit the application process on our website. The vacancy will remain open until filled. The Planning and Zoning Commission holds public meetings and makes recommendations to the Town Council on matters relating to the General Plan, zoning code amendments, rezoning and other land use requests. The commission meets on the first Tuesday of every month at 6 p.m. in the Oro Valley Council Chambers.

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Guest View: Mike Zinkin – Is the Environmentally Sensitive Land Ordinance (ESLO) just another Disingenuous Ordinance?

 

Chapter 27.10 of the Town Code established the ESLO
Its purpose states that: “The environmental sensitive lands (ESL) regulations implement the Oro Valley General Plan by conserving natural, scenic, hillside, and cultural resources. This has been accomplished in a comprehensive manner by accounting for environmental, archaeological and historic resources, economic development, and housing policies.”

Just as we saw in the Town’s Water Ordinance, the words mean nothing. Just as the Town preaches for its citizens to conserve water while at the same time wasting millions of gallons on golf courses, the Town preaches environmental regulations that help destroy the environment.

Town West is using a sentence in the ESLO as a vehicle to circumvent the General Plan and increase water waste.
Town Code Chapter 27.10.F.2.c.iii.h is titled, “Mixed Use.” It states that: “Residential uses that are functionally integrated, including access, nonvehicular circulation and amenities, with commercial or employment uses may be approved within commercial zoning districts.”

The Marketplace is a commercial district, therefore the ESLO potentially allows for residential use. Apartments are a form of residential use. The key words are may and potentially. This is what staff calls an ask. The decider is our elected body (the Town Council). Of course, our current Council has chosen to “kick another can down the road” by continuing this application to a future date.

Apartments and Hotels use much more water than retail and restaurants
Every store and restaurant has restrooms, and the restaurants also wash a lot of dishes. They use water... potable/drinking water. Now let’s use the ESLO and change the businesses and restaurants to apartments and hotels. Both of these entities have multiple bathrooms, showers, and dishwashers.

One can only imagine how much more water is utilized by the apartments and hotels when compared to commercial businesses and restaurants. Yet this is allowed under the Town’s Environmentally Sensitive Lands Ordinance. That’s correct -- the ordinance that is supposed to conserve natural resources is being used to exponentially increase the use of natural resources.

Is this disingenuous? Why can’t our elected leaders understand this?

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Mike Zinkin and his wife have lived in Oro Valley since 1998. He served on the Oro Valley Development Review Board from 2005-2009, the Board of Adjustment from 2011-2012, and the Town Council from 2012-2016. He was named a Fellow for the National League of Cities. He was a member of the NLC Steering Committee for Community and Economic Development and a member of the Arizona League of Cities Budget and Economic Development Committee. He was an Air Traffic Controller for 30 years. Mike has a Bachelor’s degree in history and government from the University of Arizona and a Master’s degree in Social and Philosophical Foundations of Education from California State University, Northridge

Guest View: Mike Zinkin – The darker side of Town government

As previously reported on LOVE, as if the antics of Town Manager, Mary Jacobs, aren’t bad enough (ignoring adopted Town Council Policies, convincing the current Council to set records for fiscal “management” including the highest budget in Town history, two sets of 3% employee raises in 12 months during a pandemic, and $50 million in added bond debt, and, most important, adding a veil of unprecedented secrecy with all the Executive Sessions)…we have recently discovered additional information on another high-ranking member of the Town Staff.

Town Attorney has possible Conflict-of-Interest
Some business associations on the part of the Town Attorney have recently been uncovered.

LOVE readers are aware of the “secret” proposed Economic Development Agreement between the Town and Town West regarding the Oro Valley Village Center (formerly Oro Valley Marketplace). The Executive Session on this topic during the January 19, 2022 meeting was cancelled when some Council members realized that any agreement with Town West was premature since there has been no approved action for the properties. The Town Attorney, Jonathan Rothschild, along with the Town Manager, have something proposed, but the details are being kept a secret.

Here's the problem. The principal characters with Town West are the Humberto Lopez family (HSL Properties), the Horvath family, and their attorney Keri Silvyn. It turns out that Rothschild has financial ties to all of them. In 2011, when Mr. Rothschild was running for the Mayor of Tucson, all the above-named individuals contributed to his campaign. [Click on the below attachment to enlarge it]

Possible lingering effects
Now you might say, “That was over 10 years ago, so what’s the big deal?” The problem is that Mr. Rothschild has had a prior relationship with the people who are the principles in any agreement that the Town might enter into with Town West. Will there be any lingering effects from those past campaign donations? Will Rothchild’s decisions on the Town West deal be in the best interest of the citizens of Oro Valley or will he be beholden to what’s in the best interest of the Lopez family and the Horvath family?

The Council is aware of these campaign contributions, thanks to communications sent to them from Oro Valley citizens.

Accordingly, Mr. Rothschild should recuse himself from any communications and/or dealings with Town West.

Decisions need to be made on what’s best for the residents of Oro Valley.

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Mike Zinkin and his wife have lived in Oro Valley since 1998. He served on the Oro Valley Development Review Board from 2005-2009, the Board of Adjustment from 2011-2012, and the Town Council from 2012-2016. He was named a Fellow for the National League of Cities. He was a member of the NLC Steering Committee for Community and Economic Development and a member of the Arizona League of Cities Budget and Economic Development Committee. He was an Air Traffic Controller for 30 years. Mike has a Bachelor’s degree in history and government from the University of Arizona and a Master’s degree in Social and Philosophical Foundations of Education from California State University, Northridge.

Oro Valley Village Center Is A Drinking Water Intensive Project

Wednesday, The Oro Valley Town Council will hold a public hearing on the proposed Oro Valley Village Center. The center is a replacement of the Oro Valley Marketplace. In preparing for that meeting, the Council held a study session on the matter on January 19. Subsequent to that meeting, council members submitted questions regarding the rezoning request. One of those questions was about water use, a topic that was not previously discussed.
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The Oro Valley Valley village center is a “water intensive” project
Town staff estimates that the Oro Valley Village Center will use an additional amount of water over what the Oro Valley Marketplace, if fully built-out, would use. That additional amount of water is equivalent to the annual water use of more than 1,600 single-family residential homes. To put that in perspective, that’s four times the drinking water that the town “wastes” watering the recently reopened Pusch Ridge Golf Course. It's more water than used in most subdivisions in the town. The panel below lists the additional uses of drinking water for Oro Valley Village Center project.

Staff assures council there is more than enough water to accommodate this project
In its responses to council, town staff assured council that “this increased demand can be supplied without impacting existing or future customers.” (Report Page 33) 

Staff determined this based on their analysis of the quantity of groundwater the State allows the town to withdraw annually (13.4 thousand Acre Feet Per year) versus the quantity that is currently withdrawing (5 thousand). The town has been able to keep its groundwater withdrawals lower than allowed “…though a combination of the introduction of reclaimed water, conservation efforts, and receiving a portion of our CAP allocation through wheeling agreements with Tucson Water.”

A few months ago, water utility Director Peter Abraham reported to counsel that he felt that further conservation efforts were not going to reduce water consumption. Abraham, however, does not foresee any circumstance in which to town will not have sufficient water to supply its customers.

CAP is in a level 1 water restriction. This restriction does not impact water delivery to residential users. Though CAP water delivery is assured for the next few years, there is no assurance that this will continue indefinitely since CAP water is likely to be further restricted in future years. CAP water is used to replenish the town's groundwater supply. CAP is by far the most significant reason the town’s net groundwater withdrawal is below the limit.

Wise water use is a council priority
Town Council is made it clear that wise water use is a council priority. This council has continued to support water conservation, approved water rates that penalize water use, continued “sin taxes” on water that add to water cost, approved regulations that penalize water wasting and put emergency procedures in place in case there is a water shortage. 

Jobs and Water Use

There are instances of communities in Arizona that have not allowed zoning changes because the water use would be far in excess of the economic benefit brought to the community. One benefit is the number of and quality of jobs a project, if completed, brings to the community. The town's economic development plan calls for increasing the number of high wage, high value jobs to the town. The estimated number and quality of jobs this project will bring to the town has not been provided to the council.

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About the council questions
Council members were asked to submit questions regarding the rezoning requests of the Oro Valley Market place at the conclusion of the study session of January 19. They submitted a total of 97 questions. Town staff categorized these questions into six areas: Apartments, pedestrian connectivity, the entertainment district, the noise study, traffic, zoning, ESLO, water, and other. Either the town staff or the applicant provided the answer to each question. The response document is 36 pages. You can access it here.

"Bye-Bye" Best Buy

Oro Valley store is of many Best Buy store closings

Best Buy has been closing stores across the nation and now the Oro Valley Marketplace store is the latest victim. It is scheduled to close March 5. "The COVID-19 pandemic delivered a brutal haymaker to America’s brick-and-mortar stores, which were already badly bruised by their online opponents." (Source)

The closing comes a time when Oro Valley Marketplace owner, Town West, is presenting plans to town council to "reimagine" the marketplace. One of the main reasons they are doing so is that in-store retailing chains, like Best Buy, are "reimagining" themselves into fewer, smaller locations with fewer in-store personnel.

Even free rent can't keep Best Buy in the Marketplace

According to Keri Silvan of Lazarus and Silvyn PC, representing Town West: "We have been explaining this situation in all of our public hearings as there is not enough population around the Marketplace to support" a regional shopping center.

Indeed, Town West has worked diligently to keep the this big box retailer in the fold. 

Silvan told us: "Town West has been working closely with Best Buy Corporate to keep them on the site. Town West has offered reduced rent and even free rent to give time for Best Buy to remain until the re-imagining of the center starts to take hold. What we have been told by Best Buy Corporate is that this is the worst performing store in their portfolio and even with rent forgiveness, they are having to close."

Future of Oro Valley Marketplace is on the town council's radar

At this point, the Oro Valley Marketplace is looking like one of the many shabby malls across the nation. To an extent, Best Buy's exit is yet another reason why the Oro Valley Marketplace needs a reawakening. 

You will have your opportunity to opine on this at the Oro Valley Town Council meeting of February 16. 

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Jacobs Works "Behind Closed Doors" To Craft Economic Development Agreement On Oro Valley Village Center

"Dark of Night" Negotiating
Town manager Mary Jacobs is working "behind closed doors" without council authorization to craft an Economic Development Agreement  ("EDA") between the owner of the Oro Valley marketplace, Town West, and the town of Oro Valley. 

We believe that this agreement relates to the Entertainment District of the proposed Oro Valley Village Center. The cost of that district, according to Town West representative Keri Silvyn, will be from $11-$12 million. It is possible that the EDA may well be for that amount.

Jacobs has been negotiating this EDA since at least the fall of 2020. She has been doing so at a time when the council has yet to approve the many concessions that town staff wants to make regarding this revisioning of the marketplace. We posted about that yesterday.

Only rezoning is supposed to be on the table.. Not "deals"
Indeed, Council has been told that their job at this point is to only discuss the rezoning that has been as requested. Therefore, any EDA between the Town and Town West is premature because it assumes that the council will approve the project as proposed. The council should not be participating in any discussion regarding an agreement on how the Town is going to help make this project financially viable.

Deja Vu 2006: "The Outrageous Giveaway"
We wish to remind everyone of the 2006 "Outrageous Giveaway" involving Oro Valley Marketplace  It was an EDA from which Vestar, the developer and center operator, was to receive 45% of all sales tax revenues during the first ten years,  up to $23.3 million.

In the end, the venture was a miserable failure. In the ten years, the center earned a total of $16.4 million in sales tax revenue, with Vestar getting $7.4 million.

While the Town had agreed to do so, thousands of residents opposed the  "The Outrageous Giveaway." They fought to get the item put on the ballot. It was ultimately approved by the voters, due in part to Vestar's glitzy marketing campaign. However, it was a straight up deal and everyone knew what they were going to get and what it was going to cost. It was not hidden behind closed doors as this one is. (Indeed. LOVE's first post was about this giveaway)

Bohen Asks: Why the secrecy?
Rothchild Responds: Because we can and I recommend it
At last week's Town Council Study Session, Councilmember Tim Bohen asked Town Council Jonathan Rothschild whether keeping these discussions behind closed doors is required by law. Rothschild replied: “What we don’t want to get [into] is a conversation of how much you expect from us or, you know, [what]we want to do because again those are contractual discussions and negotiations. Those are subject to executive session… and what we need to do is to keep [this a] zoning conversation, which is really what tonight’s about separate from that.” (Source: Oro Valley Town Council Study Session, January 19, 4:47:51)

Bohen, once again, asked if this was mandatory. Rothschild stated that it was his strong recommendation. In other words, there is no legal requirement against having public discourse on this.

Council "in the dark"?
We do not know if any council member has been participating in the discussions with Town West on this economic development agreement. We do know, however, that at least one member council, Tim Bohen, has not. Bohen told LOVE: "The draft agreement was never shared with me except a brief view in a meeting with Mary Jacobs near the beginning of my term. And I don’t know if what I was shown is actually current as of today." Bohen asked Town Manager Jacobs for the current draft agreement. As of today, he has not received it.

If Bohen does not know any of the details of the EDA, it is reasonable to assume that the rest of the council does not know the details since "Council members shall be provided equal access to information, documents and materials." (Source: Oro Valley Parliamentary Rules 13.9 INFORMATION)

A pattern of behavior
Jacobs seems to want to keep everything private. And, unfortunately, Mayor Winfield allows her to do so. With Jacobs, the public only finds out what the deal is after the deal is done. By then, there's nothing the public can do about it.

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Guest View: Diane Peters - Town attempts to circumvent the Open Space requirement

The town of Oro Valley is considering transferring some town land to the new owner of OV Marketplace (Town West) in order for their development proposal to meet the open space requirement.

Is this what we’re going to do now? When an applicant’s plans do not meet open space requirements, we’ll just “gift” them some of the surrounding town or county land to make up for it? This is not the “open space” that Oro Valley residents envisioned when they approved the 2016 General Plan.

More for them, less for us
The town just keeps giving more and more to developers. As an example, when we moved here almost 20 years ago, washes/riparian lands were protected. You couldn't build in a wash...then suddenly developers were allowed to build in a wash. You couldn’t build into a hillside…and then you could. Five-story buildings were not allowed…and then they were.

Originally, developers had to meet open space requirements...now the town has apparently devised a way for them to circumvent that requirement as well. Every year it's a new "gift" to developers and wealthy land owners. It's like a death by a thousand cuts.

Town finally admits that Vestar hoodwinked them in 2006
During a presentation that Town Planner, Michael Spaeth gave to P&Z during a Study Session on December 14th he said, "Ultimately the Marketplace has too much supply and not enough people to support the center." This was the conclusion of a study that the town had recently done.

What does that tell you? It should tell everyone, including the town staff, the P&Z Commissioners, and the Town Council that the town was hoodwinked by Vestar back in 2006 into believing that we had the population to support their vision of Oro Valley Marketplace. After all, that’s what Vestar’s demographic and population studies showed. The town believed them and gave them a $23 million dollar tax “incentive.”

Is the latest proposal just another hoodwinking?
The 2006 Vestar hoodwinking should be a warning to the town that they need to stop bending over backwards to appease developers and wealthy land owners. They will always “sell” their proposals by telling you that their project is what’s best for the town, when the truth is that their project is what’s best for their bank accounts. Their job is to spin it into something that appears to be what’s best for the town. That’s what Vestar did and we now know that they lied, or at the very least, that their study results were faulty. So whether it’s deliberate lying or faulty study results, why should we believe any “studies” submitted by applicants?

My plea to the P&Z Commissioners
Please don’t continue to fall for developers’ sales pitches.  Our town “leaders” never learn and Oro Valley residents pay the price with destroyed views, traffic congestion, traffic noise, air pollution, etc. Does any of that sound like the “small town feel” that Oro Valley voters said they wanted? Was the 2016 General Plan just another hoodwinking?  The open space requirement is supposed to be on the parcel in question…not on the surrounding parcels.

Reminder: Oro Valley’s Vision for the Future, Page 8 of the 2016 General Plan
Preserve the scenic beauty and environment
• desert and mountain views
• desert climate and environment
• wildlife and vegetation
• open space

Keep the unique community identity as a special place
• small town neighborly feel
• nice place to live
• quiet, delightful, laid back, and peaceful
• friendly and neighborly people
• clean and well-kept
• forward thinking
• built environment sets OV apart

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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.