From the June 11, 2001 edition of the AJ News http://www.ajnews.com/

Developer’s Foes Challenge County Rezoning— Referendum Begun

Opponents say county doesn’t have authority to rezone area

By Ed Barker

The News

FLORENCE- A Tucson attorney has formally requested the Pinal County Board of Supervisors to rescind a zoning change and the subsequent approval of a planned development for a master-planned community in southern Pinal County, saying the county does not have the statutory authority to approve a rezoning and PAD for the area.

Attorney Anne Graham-Bergin, who represents a group called Pinal Citizens for Sustainable Communities, Inc., told the News "Pinal County can’t rezone the property because the county has failed to adopt a county comprehensive plan as required by state law."

At their May 16 session, the three-member board of supervisors approved the rezoning for Willow Springs South Village, a planned community which calls for 8,500 houses to be built on a 4,600-acre parcel northeast of Oracle Junction. The developer, Anam, Inc., is seeking an ultimate build-out of more than 34,000 homes with a population of 80,000 people.

The approval came despite objections from area residents who say they are concerned with the impact such a large number of homes would have on the area’s aquifer and ecosystem.

Proponents of the project say the development will create jobs and help raise county sales tax revenues. The planned development would be located in Pinal County District 1 about 25 miles from San Manuel and Mammoth where mine, mill and smelter closings have created an economically depressed area of the county.

Lionel Ruiz is the Supervisor from District 1 and District 2 Supervisor Sandie Smith told the News, "Mr. Ruiz represents the area, he attends the community meetings and talks to the people of his district. He had 62 letters of support for the project and we (the other two supervisors) were listening to him. The citizens of my district would want the supervisors of the other two districts to listen to me on issues that pertain to District 2."

In a letter to Deputy County Attorney William McLean dated May 21, 2001, Graham-Bergin contended, "Not only does Pinal County need a comprehensive plan, state law requires it." She went on to say that each county must adopt a comprehensive plan to provide policies for long-term development within the county, and Pinal County hasn’t done that, she said.

"Although they have adopted several area plans covering specifically defined geographic areas of the county, no area plan covers the geographic area encompassed by the Anam rezoning and PAD," Graham-Bergin said.

During the May 16 hearing, Mary Ellen Kazda, speaking for Pinal Citizens for Sustainable Communities, Inc., told the supervisors that Anam, Inc. had not met the requirements established by state statutes and accused the company of "breaking the law."

Kazda told the board, "If they (Anam, Inc.) are allowed to break the law, then it will set a precedent for all the other developers."

At that point, Board Chairman Jimmie Kerr interupted Kazda, saying her time was up, and closed the hearing. The board then went into executive session to discuss their legal options with Deputy County Attorney McLean. That action by the board, says Graham-Bergin, violated the state’s Open Meeting Law, which also makes their rezoning action illegal..

Opponents of the rezoning have begun a petition drive to put the issue to the voters in a special referendum election. Kazda, a resident of Oracle, says the group has until July 2, 2001, to gather a minimum of 3,030 valid voter signatures.

"We’ll be gathering signatures in the Apache Junction area as well as other parts of the county," said Kazda.

McLean, contacted at his office, told the News that the supervisor’s adjournment to executive session on May 16 was included on the meeting’s agenda and was therefore legally allowable under state law. As for the allegation that the rezoning is invalid because Pinal County has not adopted a county comprehensive plan, McLean said that issue is still being researched and the county will respond "as soon as we have the answer."