KB Home’s use of Flexible Lot Development being challenged by Neighbor Need development community voice
KB Home’s single-family residential project near St. Mary’s Hospital using the City’s Flexible Lot Development (FLD) is the subject of a Board of Adjustment (Board) appeal. A neighbor is appealing the project, claiming the FLD requires "strict conformance" with Plan Tucson and the applicable area plan. The City’s Unified Development Code (UDC) requires FLDs to generally conform, or be in “basic harmony” with the General Plan and area plans, which is the proper legal standard. The neighbor is challenging this well settled law, repeating the arguments from the 2019 Mountain Enclave case that were rejected by the Board and the Arizona Superior Court.
We ask for your support of the FLD process and the ability to develop infill within the City by showing support at the Board hearing, which will occur on:
Wednesday, April 29, 2026, 1:30pm
Mayor and Council Chambers
255 W Alameda St., 1st Floor (east entrance)
KB Home’s Proposal: KB is proposing 129 individually owned, single-family homes on 19 acres (approximately 7 RAC) near St. Mary’s Hospital. The zoning is split between R-1 and O-3 and permits clustered single family residential through the FLD option. KB is providing approximately 90% more open space than required by the FLD, which allows the project to use the FLD provisions to reduce lot sizes and setbacks. The Project is an ideal infill project close to the hospital, downtown, and the Tumamoc Hill recreation area.
The Appeal/Issue: This Appeal is an unfortunate repeat of the 2019 Mountain Enclave case that unsuccessfully claimed FLD projects must strictly comply with City policy documents and thus require City policy documents to be treated as regulatory. In 2019 and in this case, the Zoning Administrator (ZA) issued a determination stating that FLDs need only to generally conform with City planning policies, in accordance with Arizona law, and that determination was appealed. As occurred in 2019, the project’s neighbor asked for a Zoning Determination knowing it would provide an unfavorable response that she now is appealing to the Board. The 2019 Board upheld the ZA determination and denied the appeal, and we need your help to ensure that the current Board does the same.
We ask that you provide your support for the FLD and infill development by asking the Board to uphold the ZA Determination and deny the appeal. If this appeal is granted, it will severely limit the ability of developers to use the FLD in parts of the City with area/neighborhood plans, as these projects would then need to strictly comply with policy guidance that needs to be analyzed as policy and not regulation. It will also significantly increase the time it takes City staff to review FLDs. It is critical that the development community make its voice heard to ensure that this project and future projects are not subjected to an unlawful and overburdensome standard of strict compliance with the City’s planning documents.
Please join us at the hearing on April 29th at 1:30pm to speak against this appeal. If you cannot make the hearing, please write a letter of support to the Board on or before Monday, April 27th. The email address and letter template is as follows:
Re: Board of Adjustment Case No. C10-26-02, Enclaves at Tumamoc Appeal
Dear Board of Adjustment Members,
I am writing to ask the Board to deny this appeal, and to support the Zoning Administrator’s determination related to KB Home’s Enclaves at Tumamoc project. This project will use of the Flexible Lot Development (“FLD”) design option, which is a critical tool to any medium-to-large infill residential development in the City of Tucson. The City’s planning policies are designed to guide development, not regulate it, and therefore I ask the Board to uphold the Zoning Administrator’s determination to allow KB Home to develop its project and provide 129 new homes to prospective buyers.
[Please add any additional thoughts you might have, or delete]
I urge you to deny this appeal and uphold the Zoning Administrator’s determination.
Sincerely,
[Include Your Address]
Thank you for supporting economic development in Southern Arizona,
Rory Juneman
Be Heard is a collaboration of like minded community members who support responsible growth in Southern Arizona. Share your voice, BE HEARD!
You subscribed to received updates. If you no longer wish to be notified, unsubscribe here.
Metropolitan Pima Alliance, PO Box 2790, Tucson, AZ 85702, United States
