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The Stipulations
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The Violations
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| 1 |
Draft
copies of proposed restrictive covenants that would pertain to each use
of the Planned Area Development shall [must] be filed with
the Pinal Planning and development Services Department at least three weeks
prior to the public hearing by the Planning Commission."
[page 93] |
The
CCR document (Covenants, Codes and Restrictions) would have given Pinal
County a way to assure that what is actually built at the South Village
is close to what Anam is promising.
Even though the Pinal Zoning
Ordinance requires that the CCRs be on file three weeks prior to the commissioners
hearing, they still do not exist at this time. Anam can now allow the homebuilders
that buy their land to build whatever they choose. Since the supervisors
approved the rezoning without the CCRs, the supervisors gave Anam a blank
check.
Note: Anam is not
actually going to build any of the houses at the South Village. Anam
has hired Remington Properties, L.L.C to create "paper lots."
"Paper lots" are created
when a landowner has secured the zoning and taken care of all the required
legal and procedural technicalities.
These "paper-lots" will then
be sold to the home-building companies that will do the actual construction.
The CCRs and Pinal Building codes will guide the construction (assuming
Pinal officials don't allow the builders to violate the building codes
as they allowed Anam to violate the Pinal Zoning Ordinance).
|
| 2 |
"The
'package'
shall [must] . . . contain . . . the anticipated
employment in the entire development . . ."
[Section 3303, e., 2., C.,
page 93] |
Despite
Anam's unsubstantiated claims that "high tech business"1
and "environmental research organizations"2
will relocate to the South Village of Willow Springs City, the supervisors
allowed Anam to violate this stipulation of the Pinal Zoning Ordinance.
Anam failed to estimate the
anticipated employment of the "high tech business" and "environmental research
organizations" that are supposed to re-locate to the South Village.
Moreover, the supervisors
failed to ask Anam to name just one "high tech business" or "environmental
research organization" that has agreed to bet their financial future on
re-locating to Anam's proposed city (which Pinal County Commissioner Ray
Harlan called "speculative"3).
Citizen's have asked
Anam
to name any business that is willing to bet their financial future on re-locating
to a city that is not yet built.
Anam has refused to answer.
The supervisor's apparently
believe Anam's claim that they are building a city to house people that
will work in businesses Anam cannot name.
Do you? |
| 3 |
"The
applicant
shall [must] state the advantages and benefits
of the proposed development to the County in detail"
[Section 3303, c., 2.] |
Despite
Anam's unsubstantiated claims that "regional businesses can expect to see
increased economic output"4,
the supervisors allowed Anam to violate this Pinal Zoning Ordinance.
Anam provided no information
to back up their claims that regional businesses would benefit by their
proposed city.
More importantly, the
supervisors didn't ask Anam to back up their claims.
For example, the supervisors
failed to ask Anam to explain how a Wal-Mart, Home Depot or any other "big
box" store just down the road from Oracle would actually help local businesses
and not destroy them. |
| 4 |
"The
'package'
shall [must] . . . show and label . . . sewage
treatment plant[s] . . "
[Section 3303, a. 11, page
91] |
Despite
by Anam's unsubstantiated claims that they will process "every drop of
water"5 via an experimental
"wetlands treatment system,"6
the supervisors allowed Anam to violate this Pinal Zoning Ordinance stipulation.
Anam was unable to show where
their promised "wetlands treatment system" would be located.
Perhaps the supervisors reasoned
that since they approved Anam's rezoning request without a CCR document,
the South Village doesn't have to build the promised "wetlands treatment
system" anyway -- so why bother having Anam "show and label" where it won't
be? |
| 5 |
"The
'package'
shall [must] . . . indicate who will own, control
and maintain … private utility systems."
[Section 3303, a., 12, page
91] |
Despite
Anam's unsubstantiated claims that they will water the golf courses using
water processed via an experimental "wetlands treatment system,"7
the supervisors allowed Anam to violate this stipulation of the Pinal Zoning
Ordinance.
Anam was unable to indicate
who will own, control and maintain any of the private utility systems for
the South Village of Willow Springs City. |
| 6 |
"The
'package'
shall [must] . . . identify by note or notes the
existing drainage pattern and the proposed drainage plans for handling
onsite and offsite storm water runoff. (A preliminary drainage report will
be required.)"
[Section 3303, a. 16, page
91] |
Despite
Anam's unsubstantiated claims to provide "regeneration of water"8
(whatever that means) by "harvesting rainwater,"9
the supervisors allowed Anam, Inc. to violate this stipulation of the Pinal
Zoning Ordinance.
Anam failed to produce any
proposed drainage plans.
Perhaps the supervisors reasoned
that since they approved Anam's rezoning request without a CCR document,
the South Village doesn't have to build a state-of-the-art water-harvesting
system to "regenerate water" anyway -- so why bother having Anam show the
plans for the drains that won't feed it? |
| 7 |
"The
'package'
shall [must] include . . a table which lists the
type and source of proposed utilities and services which include sewer.
. ."
[Section 3303, b.,3, page
92] |
Despite
Anam's unsubstantiated claims to provide "regeneration of water"10
by using an experimental "wetlands treatment system,"11
that is supposed process the water used to irrigate the golf courses, the
supervisors allowed Anam, Inc. to violate this stipulation of the Pinal
Zoning Ordinance.
Anam was unable to name the
source of the utility that will take care of the sewage, supposedly by
treating it in an experimental "wetlands treatment system."
Perhaps the supervisors reasoned
that since they approved Anam's rezoning request without a CCR document,
the South Village doesn't have to build a "wetands treatment system" anyway
-- so why bother having Anam indicate the utility that won't run it? |
| 8 |
"The
'package'
shall [must] include . . a table which lists the
type and source of proposed utilities and services which include . . .
water.
[Section 3303, b., 3, page
92] |
Despite
Anam's unsubstantiated claims to provide "regeneration of water"12
by using an experimental "wetlands treatment system,"13
to process water for the golf courses, the supervisors allowed Anam, Inc.
to violate this stipulation of the Pinal Zoning Ordinance.
Anam was unable to identify
the water company that will the water processed by the "wetlands treatment
system" to the golf courses.
Perhaps the supervisors reasoned
that since they approved Anam's rezoning request without a CCR document,
the South Village doesn't have to connect a "wetlands treatment system"
to the water distribution system anyway -- so why bother having Anam name
the water company that won't distribute the processed water? |
| 9 |
"The
'package'
shall [must] . . a table which lists the
type and source of proposed utilities and services which include . . .
electric."
[Section 3303, b., 3, page
92] |
Despite
Anam's unsubstantiated claims to fit each house with "photovoltic panels,"14
so that each house "becomes a contributor to the grid"15
by selling power to the electric utility company, the supervisors allowed
Anam, Inc. to violate this stipulation of the Pinal Zoning Ordinance.
Anam was unable to identify
the company that will provide power to the South Village as well as buy
power generated by the "photovoltic panels" Anam claims will be on the
houses built by unnamed home huilding companies.
Perhaps the supervisors reasoned
that since they approved Anam's rezoning request without a CCR document,
the builders of the South Village don''t have to provide state-of-the-art
"photovoltic panels" on each house anyway -- so why bother having Anam
name the power utility that won't buy the excess power? |
| 10 |
"The
'package'
shall [must] include . . . a table which compares
existing Pinal County subdivision regulation roadway standards with all
proposed rights-of-way and pavement widths for each type of private street."
[Section 3303, b., 3, page
93] |
Not
only did Pinal Supervisors allow Anam to violate this stipulation of the
Pinal Zoning Ordinance, the supervisors ignored the fact that Anam apparently
couldn't convince Pinal County Air Quality Department that Anam would be
capable of paving the roads in their proposed city.
A letter dated March 22,
2001 from Don Gabrielson, director Pinal County Air Quality, to Dennis
Cady, Director, Pinal Planning & Development Services reads in its
entirety:
| Based on a review
of the materials you have provided, it appears that this proposed development
will have only dirt-road access.
For the reasons set
forth in my memorandum of December 16, 1999, I object on behalf of Pinal
County Air Quality to the proposed request, unless and until paved
arterial access will be available to service this proposed development.
Should you wish, I
would be happy to elaborate on my concerns. |
The fact that the supervisors
ignored this letter, is somewhat concerning, given that:
-
Anam has gone bankrupt once
before and. . .
-
The fact that Gabrielson had
apparently informed Cady of the fact that Anam had presented no evidence
they were capable of providing paved roads at least once before in
December of 1999
|
| 11 |
"The
'package'shall [must] . . . indicate typical lots for each
dwelling unit, including typical lots in cul-de-sacs, on corners and in
any unusual location."
[Section 3303, a., 13, page
91] |
Not
only did Anam fail to "indicate typical" lot sizes (or any lot size for
that matter) Anam attempted to mislead the public by claiming "less than
two houses per acre",16
when their own figures show there will be at least 4 houses per acre.
The supervisors allowed Anam
to violate this stipulation of the Pinal Zoning Ordinance and approved
Anam request to rezone over 4,600 acres anyway. |
| 12 |
"The
'package'
shall [must] . . . show and label . . . drainage
areas ."
[Section 3303, a., 11, page
91] |
Despite
Anam's unsubstantiated claim to provide "regeneration of water"17
by "harvesting rainwater,"18
the supervisors allowed Anam to violate this Pinal Zoning Ordinance stipulation.
Perhaps the supervisors reasoned
that since they approved Anam's rezoning request without a CCR document,
the South Village doesn't have to have build the promised state-of-the-art
rainwater-harvesting system anyway -- so why bother having Anam "show and
label" the drains that won't feed it? |
| 13 |
"The
'package'
shall [must] include . . a table which lists the
type and source of proposed utilities and services which include . . .
solid waste disposal . . . "
[Section 3303, b., 3, page
92] |
The
supervisors allowed Anam, Inc. to violate this stipulation of the Pinal
Zoning Ordinance.
Anam is unable to identify
how the garbage generated by the residents of the South Village will be
disposed of.
Perhaps Anam is planning
to use the Ironwood garbage dump, located between Florence & Coolidge.
In 1995, Pinal County Supervisors
approved the rezoning of 46 acres of land between Florence and Coolidge
to be used for a garbage dump by Waste Management Inc., the world's largest
waste management corporation.
Pinal officials also signed
the contract allowing the vast majority of the garbage dumped in this Pinal
County landfill to come from Tucson, and agreed to lease the landfill
to Waste Management Inc. for $834 per month.
In other words, Pinal Supervisors
think it's good public policy to turn 46 acres of land in Pinal County
into a garbage dump for Tucson, and get paid $834 a month for it from a
corporation that is worth over $17 Billion.
Does this sound like a good
deal to you?
Is it any wonder that supervisors
who think it's good public policy to take $834 a month to turn Pinal County
into a garbage dump for Tucson are also willing to turn a blind eye to
13 violations of the Pinal Zoning Ordinance for another large corporation? |
 References:
1: Flyer mailed to residents by Anam, Inc. during
April, May 2001
2: Ibid
3: Commissioner says Village zoning "speculative, wrong",
May 2001 edition of The Oracle newspaper.
4: Anam advertisement urging residents to "Support
your elected Pinal County officials", in The San Manuel Miner May
23, 2001.
5: Email to selected residents from Charlie Deans, of
Planners Ink -- a firm hired by Anam to help promote the South Village
project. The email contained answers to some of the questions posed
to Anam representatives during a meeting held April 12, 2001. Even
though the Anam representatives promised to mail the answers to the residents
and even took their mailing addresses, the answers were not mailed as promised.
Instead, answers to some of the questions were emailed to a select
few. One of the questions that Anam failed to answer was, "Will you
name the specific industries and businesses that have agreed to relocate
to your development?"
6: Ibid
7: Ibid
8: Anam advertisement urging residents to give up their
constitutional right to sign a referendum, in The San Manuel Miner
May 23, 2001.
9: Anam advertisement urging residents to "Support your
elected Pinal County officials", in The San Manuel Miner May 23, 2001;
also claimed in flyer distributed during a meeting with residents April
12, 2001; also claimed in flyer mailed to residents during April, May 2001.
10: Anam advertisement urging residents to "Support your
elected Pinal County officials", in The San Manuel Miner May 23,
2001.
11: Email to selected residents from Charlie Deans,
of Planners Ink -- a firm hired by Anam to help promote the South Village
project. The email contained answers to some of the questions posed
to Anam representatives during a meeting held April 12, 2001. Even
though the Anam representatives promised to mail the answers to the residents
and even took their mailing addresses, the answers were not mailed as promised.
Instead, answers to some of the questions were emailed to a select
few. One of the questions that Anam failed to answer was, "Will you
name the specific industries and businesses that have agreed to relocate
to your development?"
12: Anam advertisement urging residents to "Support your
elected Pinal County officials", in The San Manuel Miner May 23,
2001.
13: Email to selected residents from Charlie Deans, of
Planners Ink -- a firm hired by Anam to help promote the South Village
project. The email contained answers to some of the questions posed
to Anam representatives during a meeting held April 12, 2001. Even
though the Anam representatives promised to mail the answers to the residents
and even took their mailing addresses, the answers were not mailed as promised.
Instead, answers to some of the questions were emailed to a select
few. One of the questions that Anam failed to answer was, "Will you
name the specific industries and businesses that have agreed to relocate
to your development?"
14: Ibid
15: Ibid
16: From a flyer distributed during a meeting with residents
April 12, 2001 Emphasis supplied: " The maximum number of homes to be built
in the South Village is 8,516, equivalent to less that two dwellings
per acre."
17: Ibid.
18: Ibid
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