Marana BOJ to re-hear Dove Mountain Centre case - Tucson Local Media: Marana

Marana BOJ to re-hear Dove Mountain Centre case

Daily Star proposes distribution center

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Posted: Wednesday, November 30, 2011 4:00 am

Due to concerns with not following specific criteria outlined in the state’s open meeting laws, the Town of Marana has rescheduled a Board of Adjustments meeting to consider the Arizona Daily Star’s proposal to open a distribution center.

The Daily Star has requested permission to open a distribution center at the Dove Mountain Centre, where the Bashas’ Grocery Store used to be.

The Board of Adjustments will hold a second hearing on Tuesday, Dec. 13. The board had already approved the Star’s application on Nov. 1.

However, in a Nov. 23 letter, Town Attorney Frank Cassidy said notice of the Marana Board of Adjustments meeting was not properly posted in “conspicuous places close to the former Bashas’ building that was the subject of the appeal.”

Since no posting occurred at all, Cassidy said the Town did not follow guidelines for open meetings as outlined by Arizona Revised Statutes 9-462.06.

“In my opinion, this failure of statutorily required notice is a jurisdictional defect that requires the appeal to be re-noticed and re-heard,” Cassidy said.

The Daily Star had to appeal to Marana’s Board of Adjustments after the initial application to open the distribution center was rejected by Zoning Administrator Kevin Kish.

Kish said a distribution center would fall under warehousing, which is not listed as the kind of business permitted inside the shopping center.

The property is zoned F-Specific Plan, which means all business prospects at the centre must follow the Dove Mountain Specific Plan.

Kish explained that the site has a mixed-use designation, which allows uses such as professional, commercial, retail commercial, financial institutions, restaurants, religious facilities, campus park/industrial, medical facilities, education facilities, hotel, medium density residential, research and development, major employment and helistop.

Since a warehouse is not listed in the Dove Mountain Specific Plan, Kish said the application had to be denied.

John Ash, of CB Richard Ellis Tucson, Inc., has been representing the Daily Star, and challenged Kish’s decision through the Board of Adjustments.

After a lengthy meeting on Nov. 1, the board moved to reverse Kish’s decision in a 3-2 vote.

Board Chair Bill Ohl voted yes along with board members Phyllis Farenga and Bob Anderson.

Board members John McIntyre and Lyn Alvarez voted against reversing the town’s initial rejection.

Since the Nov. 1 meeting, residents have also spoken out against the issue.

Many residents spoke to the Town Council during a recent meeting, and Rodney Campbell, spokesman for the Town of Marana, said a lot of the concerns center around a distribution center bringing increased truck traffic and noise.

The Board of Adjustments will meet again to discuss the matter on Tuesday, Dec. 13, starting at 2 p.m. at the Marana Municipal Complex.

Marana Board of Adjustments

When: Dec. 13, at 2 p.m.

Where: Marana Municipal Complex

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