HomeMy WebLinkAboutPackets - Council Packets (2057)WITHEY
MORRIS
BAUG
VIA EMAIL
September 2, 2026
Mayor. and Members of the Town Council
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, Arizona 85737
Re: September 2, 2026 Agenda Item 3 — Rancho Vistoso PAD Zoning Interpretation
Dear Mayor and Members of the Town Council:
We represent Spectrum Retirement Communities in connection with its proposed residential
care community within the Rancho Vistoso Planned Area Development (PAD). We write regarding
Regular Agenda Item 3, which asks the Council to consider retaining outside counsel and
appealing the Planning and Zoning Administrator's August 21, 2026 zoning interpretation
regarding the term "sa.nitorium" as utilized in the Rancho Vistoso PAD.
Spectrum is confident that the Administrator's interpretation is legally correct and should remain
undisturbed. The Rancho Vistoso PAD expressly identifies a sanatorium as a permitted use in the
Commercial C-1 district. Because the PAD does not separately define that term and the PAD was
originally adopted by Pima County, the Administrator appropriately consulted the Pima County
Zoning Code definition, which defines the term as "a building or group of buildings, arranged,
intended, designed or used for the housing, care, or treatment of sick people or convalescents,
other than those mentally ill or afflicted with infectious, contagious, or communicable diseases."
Spectrum's proposed community fits comfortably within that definition. Its residents will receive
ongoing housing, care, supervision, monitoring, and treatment associated with chronic and age -
related health conditions, not merely age -restricted housing or independent living.
The interpretation is also consistent with the Town's own 2016 interpretation. That earlier
determination recognized that a sanatorium is a component of the broader "senior care facility"
category and that the permitted sanatorium use encompasses facilities devoted to long-term
care or treatment, while excluding independent living. The August 21 interpretation follows that
distinction rather than expanding it. It confirms assisted living and memory care necessarily
require long-term care and are therefore permitted under the definition of sanitorium. It also
permits casitas only when residents receive the same functional care services as assisted living
residents. Purely independent or age -restricted living remains outside the interpretation.
P: 602.230.0600 wmbattorneys.com 2121 E Highland Ave
F: 602.212.1787 infoCwmbattorneys.com Phoenix, AZ 85016
Notably, nothing in the interpretation grants final development approval or excuses Spectrum
from the Town's otherwise applicable development standards and review processes. The project
will remain subject to the required site plan, design, engineering, building, life -safety, and
licensing reviews. The interpretation simply answers the narrower threshold question of whether
the proposed use falls within a use that the governing PAD already permits.
The public agenda materials identify no alleged error in the interpretation, contain no staff
recommendation or supporting analysis, and identify no fiscal impact for hiring outside counsel.
Before committing public resources to an administrative appeal, the Council should require a
concrete explanation of how the Administrator supposedly erred.
The Council should also weigh the predictable cost and risk of further proceedings. Only weeks
ago, the Arizona Court of Appeals affirmed a superior court judgment reversing the Oro Valley
Board of Adjustment in another Rancho Vistoso PAD interpretation dispute and affirmed an
award of attorneys' fees against the Town. Paul & Susan Clifton GST Exempt Trust v. Town of Oro
Valley Board of Adjustment, No. 2 CA -CV 2025-0106 (Ariz. App. July 22, 2026). That very recent
decision demonstrates that courts will enforce the PAD's text and may require the Town to pay
a prevailing private party's fees under A.R.S. 4 12-348.
Spectrum hopes to continue working constructively with the Town and would prefer to devote
its and the Town's resources to the standard development review process. However, if an appeal
is filed, Spectrum is prepared to defend the interpretation before the Board of Adjustment. If the
Board reverses or materially narrows the interpretation, Spectrum is prepared to seek a special
action review in Pima County Superior Court pursuant to A.R.S. 4 9-462.06(K), request any
appropriate interim relief, pursue further appellate remedies as necessary, and seek recovery of
its fees and expenses to the fullest extent permitted by law.
An appeal would therefore delay an appropriate residential care project, impose costs on both
Spectrum and the Town, and create avoidable litigation risk. We respectfully urge the Council not
to authorize an appeal or the retention of outside counsel for that purpose and instead allow the
well -reasoned August 21 interpretation to stand.
Sincerely yours,
WITHEY MORRIS BAUGH, P.L.C.
By
Alex Hayes
cc: Town Manager; Town Attorney; Town Clerk; Planning and Zoning Administrator
-2-