J.C. Huntington
6141 N 16th Drive
Phoenix, Arizona 85015
602,249.7712
email:mekazda@mindspring.com

 
 

September 8, 2001

Dennis Cady
Planning and Development Director, Pinal County
Dear Mr. Cady:

 

Referencing my letter to you of September 5, I have attached a few more questions for you regarding your Pinal County Comprehensive Plan 2001~1011 draft.
 

Because your draft Comprehensive Plan states that "the planning process is structured to emphasize public involvement" and because the Comprehensive Plan is critical to the future of Pinal County, I respectfully request that you answer the attached questions in writing, so your answers can be published for public review.
 

As a Pinal taxpayer, I request your written answers be sent to me by September 15 so they may be published to allow Pinal residents to review them in a timely fashion.
 

I would also request that you make a copy of this letter available to each of the members of the Area 4B Citizens Advisory Committee.
 

Sincerely,

J.C. Huntington
cc: Anne Graham-Bergin
Robert Carter Olsen
Jimmy B.Kerr
Sandie Smith
Lionel D. Ruiz 
Questions:
    1. Arizona law mandates that the Pinal Comprehensive Plan contain an element addressing water resources.
Specifically, Title 11 Section 806 of the Arizona Revised Statutes requires that the Pinal County Comprehensive Plan include an "analysis of how the future growth projected in the county will be adequately served by the legally and physically available water supply or a plan to obtain additional necessary water supplies."
Your draft plan does not contain any such analysis. In fact, your draft plan does not even have a section on water resources. 
Since this is a draft plan and because there is no section addressing the Water Resources Element of your plan, it is reasonable to conclude that your Pinal Planning & Development department does not yet have a draft of the Water Resources Element defining "how the future growth projected in the county will be adequately served by the legally and physically available water supply or a plan to obtain additional necessary water supplies."
However, your draft plan does contain a land use map indicating that Pinal Planing and Development is proposing massive development in Area 4B by authorizing developments that will house over 117,000 people1.
      1. Please explain why you have planned to put over 117,000 people in Area 4B, before you have a draft for a plan assuring that there is an adequate water supply to support them as required by A.R.S. 11 § 806. 
      2. If your decision to put over 117,000 people in Area 4B was supported by a draft Water Resource Element for your Comprehensive Plan, please explain why you failed to publish it in your draft Comprehensive Plan. 
      3. Please identify any and all individuals or organizations, with the exception of Pinal County employees, that have helped your department in any matter related to the Water Resources Element of your Comprehensive Plan. 
      4. Please disclose the costs to Pinal County to hire the individuals or organizations that have helped your department in any matter related to the Water Resources Element of your Comprehensive Plan.
      5. For each individuals or organizations that have helped your department in any matter related to the Water Resources Element of your Comprehensive Plan, please disclose the date that that person or organization began work on the Water Resources Element of the Pinal County Comprehensive Plan.
      6. Please list the individuals or organizations that have helped your department in any matter related to the Water Resources Element of your Comprehensive Plan that currently work for or are under contract with any of the landowners and/or developers involved with any proposed development in Area 4B. 
      7. If any of these individuals or organizations that work for or are under contract with any of the landowners and/or developers involved with any proposed development in Area 4B, please list the developer(s) and/or landowner(s) using that individual or organization.
    2. As you know, the Pinal County web site has both on-line and printed questionnaires to allow residents to provide input to the Pinal County Comprehensive Plan. 
As of this writing, the Pinal County web page that provides residents access to these questionnaires leads residents to believe that the county-provided questionnaires cover all of the information needed to make the Comprehensive Plan viable (emphasis supplied)2
Your Involvement with the Comprehensive Plan...
  Pinal County needs your help in gathering all of the information needed to make this a viable Plan, and a Plan that reflects the needs of its citizens. Below are the two forms you can download and fill out to voice your opinions and comments. Return information is listed at the bottom of both forms for your convenience.


However, neither the on-line nor the printed questionnaires currently available on the Pinal County web site address the issue of a sufficient water supply.

During your meeting to gather input for your Comprehensive Plan held at the Oracle Seniors Center July 18, 2001, Joe Bidwell3 asked you why the questionnaires available on the Pinal County web site failed to address the issue of a sufficient water supply.

You told Bidwell that this omission was a "clerical error" and suggested that he make a note to the effect that the questionnaire did not cover water resources on his questionnaire and submit it to your department.

    1. In light of the facts:
      1. That you were told that your questionnaires failed to allow residents to offer input to the Water Resource Element of your Comprehensive Plan on 7/18/01 
      2. That you explained this omission as a "clerical error," 
      3. That the questionnaires available through the Pinal County web site have remained unchanged since 6/27/014 
      4. That the Pinal County web site continues to falsely imply that residents have the opportunity to offer input on "all of the information needed to make this a viable plan," even though you were made aware that the questionnaires fail to address the Water Resources Element on 7/18/01, some 7 weeks ago,
       
      It appears as though you and your department are attempting to mislead residents into believing that they have the opportunity to input to all the elements of the plan, when you know that they do not.

      Please explain why you failed to correct the questionnaires to allow residents to input on your Water Resources Element of your Comprehensive Plan when you knew that the questionnaires were flawed at least 7 weeks ago.

      Please explain why you have allowed the Pinal County web site to continue to falsely imply that residents have the opportunity to offer input on "all of the information needed to make this a viable plan," when you knew that the Water Resources Element was missing from the questionnaires at least 7 weeks ago.
       

    1. In light of the fact that the Pinal County web site says that Pinal County needs the help of residents in gathering all of the information required to make the Comprehensive Plan viable, please explain why you believe the Comprehensive Plan will be viable since residents have not been able to input on the Water Resources Element of your plan.



1: See Appendix A for basis of estimate
2: http://www.co.pinal.az.us/PlanDev/PDCP/CPInfo.html
3: Bidlwell lives on his property located very close to the proposed Willow Springs development and is a 17-year resident of the area.
4: The document information for the PDF form of the questionnaires available on the Pinal County web site, show that the last update was 6/27/01

Appendix A: 

Estimated increase in dwelling units, population and water use for development allowed by the draft Pinal County Comprehensive Plan in Area 4B
 
The following estimates are based on development projects that have had zoning applied for in the Area 4B portion of Pinal County since 1999. All of these projects are earmarked for development by the draft Pinal Comprehensive Plan.Several of the projects are currently under construction.
 
Additional land earmarked for development by the plan has not been included in the estimates (e.g. the Biosphere area designated for up to 16 dwelling units per acre does not appear in the estimates, nor does the land to the west of Oracle Junction, designated as "Rural Community," nor the State Trust Land near the Eagle Crest project, etc.), so the estimate may be considered conservative.
Development Project 
Dwelling Unit Increase
Population Increase[28]
Water use Increase (Acre-feet per year)[29]
Area Consumed (Acres)
Land Use Designation by Pinal County[30]
Willow Springs
34,096[31]
81,830
10,999
19,184[32]
Sustainable Community/Town
SaddleBrooke Ranch
6,319[33]
15,166
2,039 
2,528[34]
Rural Community
SaddleBrooke Unit 21
215[35]
516
69
173[36]
Rural Community
SaddleBrooke Units 42-45
525[37]
1,260
169
601[38]
Rural Community
SaddleBrooke Units 46-50
769[39]
1,846
248
269[40]
Rural Community
Eagle Crest
975[41]
2,340
315
472[42]
Rural Community
Rancho Coronado
5,862[43]
14,069
1,891
5,862[44]
Rural Community
Totals
48,761
117,027
15,730
29,089

Appendix B: 

Images of Pinal County on-line questionnaires for the Pinal County Comprehensive Plan
 
The following images of the Pinal County on-line questionnaires for the Pinal County Comprehensive Plan were taken September 8, 2001.

The images show that Pinal County has failed to allow Pinal residents to input to the Water Resources Element of the Pinal County Comprehensive Plan via the on-line questionnaires, and that the Pinal County web site that provides access to the questionnaires misleads residents into believing that that the questionnaires cover "all of the information needed to make this a viable Plan."


The hardcopy version of this letter contained full sized images of the on-line questionnaires from the Pinal County web site taken September 8, 2001. 

Click on any image to view a larger version.

 Pinal County questionnaire 1

 Pinal County questionnaire 2

Appendix C: 

Hardcopy of the Pinal County questionnaires for the Pinal County Comprehensive Plan
 
The following is a printed version of the PDF files accessible via the Pinal County web site September 8, 2001. 

The printed versions show that Pinal County has failed to allow Pinal residents to input to the Water Resources Element of the Pinal County Comprehensive Plan via the hardcopy questionnaires, even though the Pinal County web site that provides access to the questionnaires misleads residents into believing that that the questionnaires cover "all of the information needed to make this a viable Plan."


The hardcopy version of this letter contained prints of the PDF files that Pinal County rmade available to Pina residents via the Pinal County web site as of September 8, 2001. 

The files from the Pinal County web site were copied to PoisoneWells.com on September 8, 2001

To view these Pinal-County files, you will need an Adobe reader, which may be obtained free of charge here: http://www.adobe.com 

Questionnaire No. 1: 
Questionnaire No. 2: 
[1]County Budget Includes New Courthouse, by Lanie Bethka, The Apache Junction News, July 6, 2001
[2]County Budget Includes New Courthouse, by Lanie Bethka, The Apache Junction News, July 6, 2001
[3]See Appendix A:, page 9 for data used in estimate.
[4]Per section 1.1 OVERVIEW of the draft Pinal County Comprehensive Plan, state law places several requirements on the Pinal Comprehensive Plan:
Pinal County is required by state law to prepare a comprehensive plan "to conserve the natural resources of the county, to ensure efficient expenditure of public funds, and to promote the health, safety, convenience, and general welfare of the public." (A.R.S. § 11-806)
[5]County holds line on taxes, by Alan Levine, The Casa Grande Dispatch; July 5, 2001
[6]The "Application Package" is a package of publicly available information on a rezoning proposal.On July 2, 2001, Joe Pyritz, Public Information Officer for Pinal County, told residents that Pinal kept two application packages on the Anam rezoning.Pyritz said the "packages" were kept in different buildings and had different content.Details may be read here: http://www.poisonedwells.com/news/2001_07_02/news_1.htm
[7]A listing of some the apparent violations may be read here: http://www.poisonedwells.com/ZoningViolations/Violations_V2.htm
[8]Making a boomtown, by Heather Urquides, The Arizona Republic; August 8, 2001
[9]More meetings set to discuss county plan, by Alan Levine, The Florence Reminder, August 29, 2001
[10]Section 3.1 Historical Perspective, lists Apache Junction, Casa Grande, Florence, Eloy, Coolidge, Kearny, Mammoth and Superior as the incorporated cities of Pinal County.
[11]Section 4.6 Land Use Designations, page 4
[12]E.g. "enhance a community's sense of place . . . expand the diversity, synergism, and use of renewable resources in the operation and output of local economic activities."
[13]Page 9 of Section 4.6 Land Use Designations
[14]Page 9 of Section 4.6 Land Use Designations
[15]Section 1.2 HOW TO USE THE PLAN, page 4
[16]E.g. SaddleBrooke Ranch, Willow Springs, Eagle Crest, SaddleBrooke Unit 21, SaddleBrooke Units 41-45, etc.
[17]More meetings set to discuss county plan, by Alan Levine, The Florence Reminder, August 29, 2001
[18]Helzer founded Citizens for Growth and Development, funded by Anam Inc. and Robson Communities, Inc., the developer of SaddleBrooke, and the proposed SaddleBrooke Ranch.Helzer's husband, Elwin Helzer, works for Pinal County.
[19]Pinal Board of Supervisors Minutes, November 1, 2000
[20]Section 2.1 Role and Purpose of the Comprehensive Plan, page 7
[21]See Appendix A:, page 9 for data used in the estimate.
[22]Toxin may taint water near old Oracle landfill, by Tony Davis, The Arizona Daily Star; December 25, 2000.
[23]Page 3 of section 5.0 THE NATURAL ENVIRONMENT ELEMENT.
[24]Page 3 of section 5.0 THE NATURAL ENVIRONMENT ELEMENT.
[25]Page 2 of Section 4.0 LAND USE ELEMENT
[26]The projects in Area 4B included the SaddleBrooke Ranch project, the South Village of Willow Springs Project, the SaddleBrooke Unit 21 project, the SaddleBrooke Units 42-45 project, the SaddleBrooke Units 46-50 project, the Eagle Crest project and the Rancho Coronado Project.
[27]Newly constructed San Manuel Airport named 'Airport of the Year,' renamed SM Ray Blair Airport, by staff, The San Manuel Miner; August 22, 2001.
[28]Estimates obtained by assuming the standard 2.4 occupants per dwelling unit
[29]Estimated at demand rate of 120 gallons per day per capita unless noted differently.
[30]Pinal Comprehensive Plan 2001~2011, draft. No date, no version number.
[31]Pinal County Planning Commission Agenda, September 28, 2000
[32]Pinal County Planning Commission Agenda, September 28, 2000
[33]Pinal Board of Supervisors Minutes, November 1, 2000
[34]Pinal Board of Supervisors Minutes, November 1, 2000
[35]Pinal County Planning Commission Agenda, September 21, 2000
[36]Pinal County Planning Commission Agenda, September 21, 2000
[37]Pinal County Planning and Zoning Commission Minutes, May 17, 2001
[38]Pinal County Planning and Zoning Commission Minutes, May 17, 2001
[39]Pinal County Planning and Zoning Commission Minutes, June 21, 2001
[40]Pinal County Planning and Zoning Commission Minutes, June 21, 2001
[41]Pinal County Planning Commission Agenda, September 21, 2000
[42]Pinal County Planning Commission Agenda, September 21, 2000
[43]Pinal Board of Supervisors Agenda, April 21, 1999
[44]Pinal Board of Supervisors Agenda, April 21, 1999

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