What started as a normal resident opposition to denser or unwanted development has dramatically shifted and is now a highly crucial legal battle that could change the zoning power for the City Councils of Phoenix, Mesa and Tucson. Headed by Randy Jones, a resident of Laveen, is a group of Phoenix residents opposing a dense housing project near the corner of Southern and 27th Avenues. At first, I was unaware that this land is within the Laveen Village boundary, but barely squeaks in the northeast corner.
This group of opposition has been described by local news sources as the sign spotting patrol. Meaning, they drive around specifically searching for zoning boards on undeveloped parcels of land. It is very important for the public to be involved in the development process, as many projects are partially funded by taxpayers. But in this case, which started as a routine NIMBY (Not In My Back Yard) situation, recently escalated into a key legal battle that could shift zoning power between government and public.
Paul Johnson, CEO of Berkana Homes, a local real estate developer had plans to build a 517-unit apartment complex on a 27-acre parcel. The land is currently zoned for acre lots, while Johnson attempted to rezone it to allow density up to 20 units per acre. Johnson has several other Berkana projects popping up all over the city. Randy Jones and his group collected enough signatures to force a referendum against rezoning the land.
I have copied and pasted the actual text from the AZ Central article from October 5, 2008 for a detailed description of the legal issue.
“Jones’ legal case against the city – and, by extension, the ease with which higher-density projects will be built in some large Arizona cities – hinges on how many signatures are needed to force a referendum. Phoenix’s charter says a resident needs a number of signatures equal to 10 percent of the total number of votes cast in the most recent mayoral election. In this case, that would be 9,798 signatures. Jones argues that the Phoenix charter conflicts with state law, which says a resident needs signatures equal to 10 percent of the votes cast in the last election “at which a mayor or councilmen were chosen.” Phoenix approved the Laveen case shortly after a runoff election in which two council members were elected. Turnout was much lower in that election because only residents of the two council districts in which candidates were running were eligible to vote. Using the runoff turnout as a standard, Jones would need only 2,727 signatures to qualify for the ballot – less than one-third as many as Phoenix required. He turned in about 7,500. In April, a Maricopa County Superior Court judge sided with Jones. If upheld, the judge’s ruling would allow Jones’ referendum to go forward and add a confusing new wrinkle to the referendum process. In essence, for cities that elect their councils by district, the threshold for how many signatures are needed to refer a question to the ballot would depend on which offices were contested in the most recent election. If it were a mayoral election with high turnout, the threshold would remain much like it is today. But if the most recent election were a council election or runoff, the threshold could be much lower. The ruling would affect at least two other large Arizona cities, Mesa and Tucson, that elect their councils by district and have language similar to Phoenix’s in their charters.”
In essence, if Jones wins this case, and the balance of powers tips closer to the residents, several high-density, mixed-use projects will have a much tougher time getting approved. The last hearing was September 24, and a ruling could come at any time, putting many projects already in limbo for financial reasons in more trouble. What I want to know is if Jones needs signatures, regardless of amount, from residents who only reside in Laveen, or from the entire City of Phoenix. I personally think if this number required for a referendum, 2,272 is approved, then you must obtain that amount by residents only of the village, not the entire city, population: 1,512,986 (2008). Like I previously stated, I am all for neighborhood involvement, just not giving them more power, as they are not the experts.
The Urban Land Institute conducted a Realty Check here called AZone in May, which brought together hundreds of experts from the public, private and educational industries. During this daylong session, mayors, professors, city planners and developers broke into smaller groups and envisioned a growth pattern for the future of Central Arizona using colored legos on massive maps. Consensus was that areas within 10 or 20 miles of the downtown core should increase density to survive the population growth, while preserving the remaining desert. This project is approximately 5 miles from downtown Phoenix.
