Urban University Interface.com

Overlays are not a new term.  Tucson has a dozen major overlay designations including sub-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 this UOD.  Although, rejected by core neighborhoods, the plan was adopted under protest.  Public Process was a casualty and the district’s first highrise building permit was issued while being legally challenged.  See Arizona Court of Appeals.

Amidst the fallout of the August 7th amendment, frustration was evident in Councilman Kozachik’s ward 6 newsletter article, Issue of Trust.pdf   Misconceptions persisted with Wards two, four and five, representing a minority of registered Tucson neighborhoods. See also the  Main Gate Overlay and Public Process.  The August 7th amendment was intended to repair process and restore community trust by pulling out a small corner of the UOD for reconsideration of heights and historic preservation.  Any community consensus that emerged from that effort was effectively destroyed by 4 of the 7 votes in favor of adding three more stories to two privately owned lots.  West University filed a complaint with the State Attorney General over the open meeting law.  See KGUN News coverage  The Main Gate is now a lesson in community relations of what not to do, leaving many asking what a better process will look like.

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UA-area residents denounce city vote  Darren DaRonco,  Arizona Daily Star

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“In a stunning setback for city council members Steve Kozachik and Karin Uhlich, Mayor Jonathan Rothschild on Tuesday broke a 3-3 tie at the City Council in favor of developers of a Main Gate Area property. Rothschild voted for a surprise deal on building height that gave the developers an extra 40 feet, up to 130 feet.  The off-stage deal was only announced when a developer mentioned it in remarks to the council shortly before the vote, saying the proposed 90-foot limit set for a vote, which appeared almost a sure-thing, would not provide enough financial benefits.
”I vote yes,” the mayor said….”   Read more in WUNA NEWS      The motion becomes law after 30 days unless a yes voter asks for a new vote and since it was not a super majority vote.  The focus of the motion refers to a small corner of the Main Gate Overlay called “The Discussion Area”.  What is a concern to public process is that  mayor and council are using overlays to give away new zoning along the edges of already stressed out core neighborhoods without their backing.  The urban planning of our core neighborhoods is a community process.  Predicating its results on the basis of personal gain not only subverts this process, but encourages errors in judgement and placement of new zoning.  Neighborhood leaders are calling for a core neighborhoods commission to give neighborhoods a proper voice in their planning future.  After this M&C meeting, what we see as public process does not look credible.  How do yo re-build that trust?  Here are some opposite views from two councilmen.   Read Ward 6 Councilman Steve Kozachik’s analysis by viewing  Main Gate Development.pdf   and view Paul Cunningham’s opinion in Ward 2 viewpoint    A point to consider in determining who the motion represents  is that wards 2, 4 and 5 voted yes and wards 1, 3, and 6 voted no.  The yes vote wards do not represent core-neighborhoods and contain slightly over  1/3 of Tucson’s registered neighborhoods.  See for yourself in this map:   Tucson NHA’s.pdf    The wards that carry 2/3’s of Tucson’s 187 registered neighborhoods are within the core area and do not want a breach of public process.  An anomaly to this is that Councilman Fimbres, does represent the balance  of “core neighborhoods” and south-side barrios which are ward 5.  His vote does not.  

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MPA & ULI – Overlay Seminar (link)   The date is Thursday,  August 23rd.  This event is for representatives of local jurisdictions, private planners, architects, designers, developers, and neighborhood representatives.  Sponsored by the MPA (Metropolitan Pima Alliance) and the ULI  (Urban Land Institute)

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In a scathing article , Randy Serraglio of  the Tucson Weekly grilles the City in  Controversy in the downtown/UA area.   A big chunk of the controversy centers around urban overlay districts and the RTA.  The Main Gate Overlay is one such project that has been disputed by West University Neighborhood.  While WUNA continues to challenge the overlay through through court action, the City of Tucson issued a permit to start building the first 14 story building to benefit from the overlay on May 1st.   You can view approved plans for the foundation work here: MAP Pro  One thing is that is obviously missing from the overlay mechanism is that it is entirely one sided.  It has no means of balancing out negative impact that can lead to divestment of R1 and R2 uses in impacted downtown/UA neighborhoods. 

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In August of 2010, the City of Tucson adopted the Urban Overlay District (UOD) enabling ordinance which allows the City to initiate re-zonings for districts where transit oriented development is desired.  The intent is to enable streamlined re-zoning.  New UODs will be coming fast and will cover a lot of ground along the warehouse district, the boundaries of the U of A,  Grant Road, Broadway Boulevard,  22nd Street, the Modern Street Car route, Fourth Avenue and many other transit designated areas in the near future.  The first tentatively adopted UOD is the Main Gate District, currently stalled with a legal challenge by West University Neighborhood Association.   As an example of one single UOD, there are 17 parcels that stand to receive added value by the stroke of a pen.  There is little going into surrounding neighborhoods but a promise for trickle down benefits.  UODs typically border and impact established neighborhoods along selected transit routes.  Although U of A neighborhoods managed to curb mis-use of R1 and R2 uses after a decade of illegally permitted student group homes by the City of Tucson,  residents  continue to feel divestment, stress and disrespect.  Campus Acquisitions plans to spend 70 million dollars on two 14 story high rises.  Most of the height is added value.  If 2/3’s was added value, then 3% would be 1.4 million dollars, but don’t count on it benefiting impacted neighborhoods as the overlay has no link to any kind of neighborhood impact fee structure.  That’s a lost opportunity.  Neighborhoods need to be asking for the UOD enabling ordinance to be re-written to insure mutuality in benefits to protect neighborhoods.

What will turn around divestment of R1 and R2 uses around the U of  A and downtown is not solely fussing building heights, but channeling funds into our neighborhoods through UOD neighborhood reinvestment / impact  fees that are solely an opt in mechanism.  Call them NRIFS if you want.  Matching up reinvestment districts with  H.U.D. community / neighborhood empowerment programs,   Ground Work USA, and possible fee waivers, could be an enormous boom to residential resurgence in these impact districts.   R1 and R2 uses around UODs could see a increase in value and demand.  U of A neighborhoods, currently under fire have to  ask for this while the opportunities are here.

Here is an interesting May 27th, Sunday Star article; New developments with top-flight amenities expected to draw students nearer to UA, which neglects to discuss the impact of dense housing development along the edges of  U of A neighborhoods many of which will be enabled by UODs. 

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As West University and the City of Tucson fight their first court battle over the validity of petition signatures,  planning officials are hearing a quick redo of the northwest corner of the Main Gate Urban Overlay District (UOD) at council chambers on April 25th, 6:30PM.   A verdict on West University’s court case is also due on the 25th.   View the PDF file of  West University’s update by Ford Burkhart:  Referendum Court Case    

In parallel efforts, the Broadway Coalition is battling the 71 million dollar RTA funded Broadway Corridor.  Rincon Heights, Sam Hughes, El Encanto and other neighborhoods impacted by widening have been fighting its costly and destructive impact.  View a PDF copy of the Broadway Coalition’s Statement.   View also Steve Kozachik’s Press Conference Statement,  and attend on April 30th @ 6Pm @ the First Assembly of God Church – Broadway and Campbell.   Public Invited.  Another RTA funded project; the Grant Road Widening between Oracle and Swan has a UOD component to deal with re-zoning.  Jefferson Park is opting out of the UOD because of a lack of the right planning.  Others will follow.

A theme with residents is a demand for more than a name on sign-in sheets.  They want real input and major neighborhood focus.   Maybe Tucson could look at Jaime Lerner, former 12 year mayor of Curitiba who turned the Brazilian City around to become emblematic of real “best practice urban design”.  Lerner says 3 driving factors for success is mobility, sustainability and identity; things that Tucson struggles with.  Curitiba worked because of the vision and commitment that Lerner was able to give.  How does Tucson do this?  How does Tucson find a balance with its neighborhoods.

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Overlay Approved by the Tucson Weekly  is a  short piece on the flawed adoption of the Main Gate Urban Overlay District (UOD).  It could spark real debate over public process.   West University neighborhood launched referendum petition, that could send the plan to City voters and challenge the status quo.   Molly McKasson wrote a companion about another problem; 12 years of ignoring the illegal permitting of group homes in residential R-1 and R-2 neighborhoods.  That ended in a guarded  victory for neighborhoods.   Molly calls all of this one step forward and one step back.   The city added language to enforce existing Land Use Code rules that were being overlooked.  Mayor and council also used that issue to help justify the Main Gate UOD claiming that they are steering unwanted development out of  U of A neighborhoods.  Do you think they have it right?

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