Bear Canyon Neighborhood Plan · Est. 1984
The Plan That Protects This Neighborhood — and Why It’s Being Ignored
The Bear Canyon Neighborhood Plan was created specifically in response to the catastrophic 1983 flooding of the Agua Caliente Wash. Its language is unambiguous: this land cannot be rezoned until flooding issues are fully resolved. Two prior rezoning attempts were denied for exactly this reason. Now a third attempt is underway — and a Hearing Examiner has reversed his own denial to make it possible.
Origins
How the BCNP Was Created
In 1983, the northeast side of Tucson and Pima County was ravaged by floodwaters flowing from the Tanque Verde Creek and the Agua Caliente Wash. As the area was being repaired and rebuilt, a group of area residents and Pima County staff members held several meetings that led to the creation of the Bear Canyon Neighborhood Plan.
The plan was adopted by the Pima County Board of Supervisors and set out important land-use principles to recognize and preserve the rural nature of the area. In 1984, the City of Tucson annexed 925 acres of land from Pima County and formally agreed to accept and abide by the BCNP for all newly annexed land.
The overall goal of the plan is to “encourage new quality-designed residential development which is compatible with the existing neighborhood” — emphasizing single-family, owner-occupied dwellings and preserving the integrity of established neighborhoods.
The Critical Language
What the BCNP Actually Says
“The Area East of Jones (now called Bonanza) Road between the ACW and the Tanque Verde Creek is in an indeterminate status due to severe flooding problems.”
“Until such time as detailed hydrologic studies are accomplished, no change in land use densities or zoning should be allowed except to reflect existing uses.”
“Any rezoning in this area must await the resolution of the flooding issues that affect the area and the property in question.”
— Bear Canyon Neighborhood Plan, 1984
40-Year History
Key Milestones
1983
Catastrophic Flooding
The northeast side of Tucson and Pima County is devastated by floodwaters flowing from the Tanque Verde Creek and the Agua Caliente Wash. The disaster prompts area residents and Pima County staff to begin the process of creating a neighborhood land-use plan.
1984
BCNP Adopted
The Bear Canyon Neighborhood Plan is adopted by the Pima County Board of Supervisors. The City of Tucson then annexes 925 acres of land from Pima County and formally agrees to accept and abide by the BCNP for all newly annexed land.
December 2, 2021
Hearing Examiner Denies Rezoning
At the first virtual public hearing on Case C9-21-20, Hearing Examiner John Iurino issues a preliminary denial of the rezoning. The decision finds the request is in violation of the BCNP and cites two earlier failed attempts to rezone this same land — both denied because flooding issues were never resolved.
January 6, 2022
Examiner Reverses His Own Decision
At a Petition for Reconsideration hearing before the same examiner, the decision is reversed. The reversal relies on a hydrologic study commissioned by the developer's paid consultant — a study the City had possessed since June 2021 but that neighbors only received two days before the hearing.
The Problem
Three Reasons the Reversal Cannot Stand
No CLOMAR Was Obtained
The BCNP explicitly requires that any rezoning of this land must await a Conditional Letter of Map Revision (CLOMAR) from FEMA, demonstrating that flooding issues have been formally resolved. Two prior rezoning cases — C9-94-29 (1995) and C9-97-24 (1998) — were denied or withdrawn for exactly this reason. No new CLOMAR has been issued. The Hearing Examiner substituted a developer-funded study for this formal federal requirement.
A Paid Consultant Is Not FEMA
The reversal rests entirely on a hydrologic study commissioned by the developer. Knowledgeable independent hydrologists have raised serious concerns that some of the assumptions made by the study's author are inaccurate, if not absolutely incorrect. The BCNP did not intend for a developer to retain someone to conclude that all is well — if that were acceptable, residents could submit their own study showing different results.
Owner-Occupied Language Was Misread
The BCNP states that future residential development in this specific area should be owner-occupied homes. The developer's representative argued at the hearing that the plan's call for a "mixture of housing types" overrides this — but that language applies to the full 925 acres annexed in 1984, not to the more specific and restrictive language assigned directly to this parcel.
Legal Representation
Fighting Back on Behalf of the Neighborhood
It is not within the power of a City of Tucson Development Services and Planning Department employee — which the Hearing Examiner is — to change the meaning intended by the simple, clear words of the Bear Canyon Neighborhood Plan.
We retained experienced legal counsel to challenge this attempt to take away vital safeguards from residents and existing neighborhoods. Even if we cannot stop the project completely, we may be able to significantly reduce its scale.
Our Attorney
Roland F. Hoch
Attorney in Tucson, AZ · 55 years experience in General Practice
Contact the HOA
Powder Horn Ranch HOA
Community Relations
8987 E Tanque Verde, #309-133
Tucson, AZ 85749
Stand Up for the Plan That Protects Us
The BCNP exists for a reason. Sign the petition, read the official case file, and help us hold the City accountable to the plan that residents fought to create.