Several families living close to a planned Fryβs grocery store on Tucsonβs east side have filed a claim threatening to sue the city over the rezoning of the 16-acre property.
The city failed to meet the stateβs Open Meeting Law when a key detail β the size of the grocery store β changed right before a key City Council meeting about the parcelβs rezoning, says the claim filed Friday by Daniel and Patricia Porzio, the Dorr Family Trust and the Alfredo and Michelle Lares Living Trust. The storeβs size got smaller in the revised plans.
The council voted 6-to-1 in November to approve the rezoning to allow for the proposed 99,918-square-foot anchor store, gas station and two other retail buildings at the northeast corner of South Houghton Road and East 22nd Street. The rezoning was requested by the propertyβs owner, the 22nd Street Baptist Church.
Calling the documents the city posted online βmisleading,β an attorney representing the families has asked the city nullify the rezoning decision.
The claim also said the council ignored the Houghton East Neighborhood Plan, which sets specific zoning standards for the undeveloped property, including building height restrictions, conservation areas, creating wildlife corriders and protections for surrounding residences. Neighbors said the plan β written and adopted when the city annexed the area in 1985 β is one of the most restrictive in the city and designed to protect plant life and wildlife in the area next to Saguaro National Park East, which is about 2 miles from the planned Fryβs.
City Attorney Mike Rankin declined comment, saying the city is evaluating the claim.
Councilman Steve Kozachik, who voted against the rezoning, said he isnβt convinced there is an Open Meeting Law violation but agrees there is a procedural issue at the heart of the dispute.
In the weeks following the rezoning decision, Kozachik asked for a legal opinion on whether specific area plans like the Houghton East Neighborhood Plan could be amended through a rezoning process rather than a formal plan amendment. The latter is far more rigorous and time-consuming.
βTheyβve lost credibility,β Kozachik said about Fryβs corporate office using a rezoning instead of amending the area plan.
It is unclear whether the threat of legal action β a precursor to a formal lawsuit β against the city can undo the rezoning, as one option for violating the stateβs Open Meeting Law is requiring key city staff to attend a training seminar on the law.
Keri Silvyn, a longtime Tucson land-use attorney representing Fryβs, did not respond to a request for comment.
