Arizona Court of Appeals hearing on the City of Tucson’s rejection of citizens petitions to repeal the Main Gate Overlay View also a written summary in Court of Appeals : WUNA (pdf)
June 22nd update – The Court of appeals ruled against the appeal. The Supreme Court has been asked to review this ruling. The submittal by West University’s attorney can be viewed here: Petition For Review
[…] Overlays are not a new term. Tucson has a dozen major overlay designations including dub-districts. Recent use of opt-in rezoning overlays are a new phenomena and the Main Gate UOD (Urban Overlay District) is the first of its kind. Unlike our protective other overlays, UOD’S have rapid and significant impact to existing zoning. The urban overlay enabling ordinance was set up in 2010 and allowed the Main Gate District to be streamlined. That flew in the face of public process. The biggest omission was a plan with community acceptance. Under pressure to justify the the modern street car, the City did retain a consultant for a specific plan for its first UOD. The one sided plan was adopted and rejected by the community at the same time. Public Process was a casualty and the district’s first highrise building permit was issued while being legally challenged. See Arizona Court of Appeals. […]