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.

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

“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.  

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)

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.