The University of Arizona has nearly completed the final draft of a memorandum of understanding (MOU) with a private student housing developer, American Campus Communities to build a new Honors College on the outskirts of campus. Standing alone, the new facility would be a wonderful addition to the university. To the extent we can recruit high-performing students to campus, weβre a stronger institution and the entire community benefits. The Honors College being consolidated into a single facility is a concept worth pursuing.
It is the form of the agreement with American Campus Communities and the UA that has caused significant and legitimate concern, from both the residents who live in areas surrounding campus, and also by Tucson city officials. Who better than one who wears a hat in each ring β the UA as an employee, the surrounding area as a homeowner, and the city as a member of the City Council β to suggest that a broad community dialogue is needed before the MOU is finalized.
American Campus Communities owns land adjacent to campus. The UA owns an adjoining lot. The city block those two parcels comprise is the planned home for the new Honors College. So far, so good. But the MOU being crafted will transfer ownership of the ACC portion to the state, the result being the removal of the project from any public rezoning process that would normally occur. It is through the rezoning process that the public expresses its voice with respect to the way the development is designed. Removing the property from private ownership allows the development to ignore any constraints related to size, density and massing that are controlled by city zoning. And the resulting project would be exempt from paying property taxes.
In short, the transfer of ownership to the state means it can build whatever it wants, wherever it wants, and any project built under this model is exempt from supporting the tax base of the region.
City zoning regulations protect the community from development taking place in a random manner throughout the city. Every property owner, regardless of where the property is located, benefits from the public process built into any proposed zoning change. It provides certainty that property owners will be included in decisions related to how growth occurs and how that impacts their own investments.
If the MOU is finalized, it establishes a model by which the state, or presumably other public entities, can buy up private land and ignore zoning regulations that exist in the area as long as what theyβre building fits under the purview of their βeducational missionβ or public purpose. Itβs eminent domain by memorandum of understanding.
To be sure, ACC will be fairly compensated on an annual basis for its role in managing the Honors College.
While it may not be receiving monthly rent checks as it normally would, there will be some means by which it will made whole for its role in the project.
If that financial sleight-of-hand is legal, it strains ethical sensitivities.
Iβve worked on campus since 1988. I hold two degrees from the UA. I care deeply about the reputation and image it holds in the wider community. Iβve also owned a home a mile from campus for approximately 30 years. Preservation of the integrity of residential neighborhoods is also important on a personal level. And as a member of the City Council, I am sensitive to the importance of respecting the public processes by which the area is governed.
The MOU now nearing completion between the UA and ACC constitutes a template for development that nobody in good conscience can embrace. By taking the development through its proper public process, the reputation of the UA is preserved, surrounding neighborhoods get a seat at the table, and the well-established protocols by which development occurs in our community are honored.
