The four (4) Open Space Agreements are: Willow Springs, Rogers Wash, Apache Wash, and Core Site. These four Agreements will more than double the number of homes within the borders of Cave Creek.
How do these four Agreements affect your property’s value?
How do these four Agreements affect your property rights?
According to an Arizona study, there is a higher property value when a residential parcel is adjacent to other large residential parcels. Cave Creek’s Desert Rural (“DR”) zoning was developed to protect property values by requiring that residential parcels assigned a DR zoning classification contains the town-ordinance required minimum square footage for the DR classification assigned to each DR parcel. The smallest DR sized parcel is 43,000 sq. ft. The town’s DR zoning also protects property values by ensuring that residential development is harmonious and sensitive to the natural environment and protective of scenic vistas, natural habitats, and natural features such as hillsides and washes.
Each of the 3,000± residential parcels required under the four Open Space Agreements reflect a DR zoning classification. However, none of these residential parcels protect property values because none of these parcels contain the town-ordinance required minimum square footage for the DR zoning classification assigned to the parcels. They are smaller. Why is this?
Whose Property Value Will Increase With a Property Tax?
Residents will soon be asked to purchase 4,000± acres of land annexed under the four Agreements referred to as “open space.” It is likely that this purchase will require a property tax. These 4,000± acres consist of terrain and topography that is undesirable except as an amenity to other development.
With the purchase of these 4,000± acres by Cave Creek residents, the State Land Department and town officials have ensured that the residentially-zoned parcels under the Agreements are a financially-viable investment for developers. Buying only the land that is developable, after the homes are built, the developers will market the homes as being surrounded by open space, an amenity that increases the developer’s property value and produces the highest rate of return on the developer’s financial investment. Yet, the amenity that the developer is financially benefitting from is an amenity that was purchased by Creekers with a property tax.
The most important property right that Creekers possess is the right not to encumber their property with a property tax.
If residents approve a property tax for the purchase of 4,000± acres of “open space,” residents will be irrevocably committing to more than the purchase of “open space.” Approval of the purchase of this 4,000± acres will also contractually commit residents to changes to our town that have never been expressed or addressed by any of our town officials.
Under the four Agreements, which were created in 2008-2009 with the State Land Department, town officials committed residents to payment of a $52+ million dollar Waste Water Treatment Plant and payments for the following:
The water infrastructure the town has agreed that residents will provide and pay for under the Agreements will cost residents millions of dollars and is a cost the town cannot recoup from developers.
How is this water infrastructure financial commitment to be paid by residents if not with a property tax?
The following provision is taken directly from the Open Space Agreements and confirms that the Town must provide the water infrastructure to the property border for each of the four properties under the Open Space Agreements. That provision states, in part:
ARTICLE II
PUBLIC INFRASTRUCTURE
ARTICLE 2.1 Water Provisions. The Town shall provide water service to the Property through the Water Facilities, subject to the following:
The term “Water Facilities” shall mean the storage tanks, treatment plants, water lines and related structural facilities located in the Town and owned or controlled by the Town, as improved from time to time:
The developers of the Property shall be required to extend water lines from the Property to the then existing most proximate water line terminus from the Water Facilities at the developers’ sole expense;
Other commitments negotiated by town officials under the four (4) Agreements include:
Upon examination of the proposed 2016 General Plan it was found that 1,232 acres of these 4000± acres were not identified in the “Open Space Element” section of the proposed General Plan. Where are these missing acres? Why were they not identified on Table 4 of the “Open Space Element” section of the General Plan? For more information about these 1,232 missing acres of open space, see the article previously posted on this site titled “The Cave Creek Shuffle.”
If a property tax is approved to purchase 4,000± acres, the remaining annexed land contained in the Agreements (another 4,000± acres) will be developed as dictated in the Agreements. Even though this annexed land is officially within the town’s boundaries, no future mayors or town council members will have zoning decision authority over the annexed land.
If a property tax is rejected, the annexed land will be developed, it just won’t be developed at the expense of Creekers or within the town’s boundaries. By rejecting the purchase of this 4,000±acres, withdrawing from the four (4) Agreements, and deannexing the land, Cave Creek residents retain local governing authority; the governing level where property values and property rights are better protected and enforced.
Should residents pay a property tax for a nebulous 4,000± acres of land that is financially undesirable even to developers? Should residents purchase the land when, in all likelihood, the land will remain “open space” whether it’s purchased by Creekers or remains as State Land?
Due to the upcoming mayor and council elections, it is important to know the names of the town officials who negotiated the four (4) Open Space Agreements with the State Land Department.
In 2009, the town officials included: former Town Manager Usama Abujbarah; Mayor Vince Francia; Councilmembers Ernie Bunch; Dick Esser; and Tom McGuire. Steve LaMar joined in the choir, but was on the Planning Commission at the time. Ian Cordwell as Planning Director.
In 2016, the town officials who will likely be asking residents to approve the purchase of the 4,000± acres with a property tax are: Mayor Vince Francia; Councilmembers Ernie Bunch; Dick Esser; Tom McGuire; and Steve LaMar, now Vice-Mayor. Ian Cordwell as Planning Director. Newest members include Councilmembers Mark Lipsky and Susan Clancy.
Which of our 2016 town officials will support a property tax, or support an increase the town’s level of debt for the acquisition of this 4,000± acres?
Watch this space. Be informed. Stay informed. Get involved. Demand the truth.
Share your thoughts, questions, or comments below. Just remember the rules: Be nice … be honest … or be deleted. (All social media links are not currently active. To leave a comment or read the comments of others please use "Comments" button.)
Janelle Smith-Haff
3/26/2016
How do these four Agreements affect your property’s value?
How do these four Agreements affect your property rights?
According to an Arizona study, there is a higher property value when a residential parcel is adjacent to other large residential parcels. Cave Creek’s Desert Rural (“DR”) zoning was developed to protect property values by requiring that residential parcels assigned a DR zoning classification contains the town-ordinance required minimum square footage for the DR classification assigned to each DR parcel. The smallest DR sized parcel is 43,000 sq. ft. The town’s DR zoning also protects property values by ensuring that residential development is harmonious and sensitive to the natural environment and protective of scenic vistas, natural habitats, and natural features such as hillsides and washes.
Each of the 3,000± residential parcels required under the four Open Space Agreements reflect a DR zoning classification. However, none of these residential parcels protect property values because none of these parcels contain the town-ordinance required minimum square footage for the DR zoning classification assigned to the parcels. They are smaller. Why is this?
Whose Property Value Will Increase With a Property Tax?
Residents will soon be asked to purchase 4,000± acres of land annexed under the four Agreements referred to as “open space.” It is likely that this purchase will require a property tax. These 4,000± acres consist of terrain and topography that is undesirable except as an amenity to other development.
With the purchase of these 4,000± acres by Cave Creek residents, the State Land Department and town officials have ensured that the residentially-zoned parcels under the Agreements are a financially-viable investment for developers. Buying only the land that is developable, after the homes are built, the developers will market the homes as being surrounded by open space, an amenity that increases the developer’s property value and produces the highest rate of return on the developer’s financial investment. Yet, the amenity that the developer is financially benefitting from is an amenity that was purchased by Creekers with a property tax.
The most important property right that Creekers possess is the right not to encumber their property with a property tax.
If residents approve a property tax for the purchase of 4,000± acres of “open space,” residents will be irrevocably committing to more than the purchase of “open space.” Approval of the purchase of this 4,000± acres will also contractually commit residents to changes to our town that have never been expressed or addressed by any of our town officials.
Under the four Agreements, which were created in 2008-2009 with the State Land Department, town officials committed residents to payment of a $52+ million dollar Waste Water Treatment Plant and payments for the following:
- Payment for all water infrastructure to the property borders of each of the four (4) Open Space Agreements. As defined in the Agreements, “Water infrastructure includes storage tanks, treatment plants, water lines and related structural facilities.”
- Payment for all water infrastructure up to a five (5) mile radius outside the current borders of Cave Creek.
- Allocation of town water to support the required residential, multi-family, multi-use, and commercial development under the four (4) Open Space Agreements.
- Allocation of town water to support the expanded residential, multi-family, multi-use, and commercial development up to a five (5) mile radius outside the current borders of Cave Creek.
The water infrastructure the town has agreed that residents will provide and pay for under the Agreements will cost residents millions of dollars and is a cost the town cannot recoup from developers.
How is this water infrastructure financial commitment to be paid by residents if not with a property tax?
The following provision is taken directly from the Open Space Agreements and confirms that the Town must provide the water infrastructure to the property border for each of the four properties under the Open Space Agreements. That provision states, in part:
ARTICLE II
PUBLIC INFRASTRUCTURE
ARTICLE 2.1 Water Provisions. The Town shall provide water service to the Property through the Water Facilities, subject to the following:
The term “Water Facilities” shall mean the storage tanks, treatment plants, water lines and related structural facilities located in the Town and owned or controlled by the Town, as improved from time to time:
The developers of the Property shall be required to extend water lines from the Property to the then existing most proximate water line terminus from the Water Facilities at the developers’ sole expense;
Other commitments negotiated by town officials under the four (4) Agreements include:
- Agreement that the State Land Department shall remain as owner of annexed land contiguous to the 4,000± acres of open space.
- Agreement to allow the State Land Department to sell and rezone the 4,000± acres of open space land if said acreage is not purchased by the town.
- Agreement to assist the State Land Department with the formation of one or more Community Facilities Districts or other special taxing districts (i.e., the town within our town known as Cahava Springs Revitalization District) to expedite development.
- Agreement not to comply with the lot size requirements under the town’s ordinances for DR zoning.
- Agreement that the residentially-zoned annexed land under the four (4) Open Space Agreements not allow zoning for horses and other ranch use activities.
- Agreement not to require wildlife transportation corridors.
- Agreement to allow developers to build walled-in subdivisions.
- Agreement to allow multi-use, multi-family, and commercial zoning in residential neighborhoods.
Upon examination of the proposed 2016 General Plan it was found that 1,232 acres of these 4000± acres were not identified in the “Open Space Element” section of the proposed General Plan. Where are these missing acres? Why were they not identified on Table 4 of the “Open Space Element” section of the General Plan? For more information about these 1,232 missing acres of open space, see the article previously posted on this site titled “The Cave Creek Shuffle.”
If a property tax is approved to purchase 4,000± acres, the remaining annexed land contained in the Agreements (another 4,000± acres) will be developed as dictated in the Agreements. Even though this annexed land is officially within the town’s boundaries, no future mayors or town council members will have zoning decision authority over the annexed land.
If a property tax is rejected, the annexed land will be developed, it just won’t be developed at the expense of Creekers or within the town’s boundaries. By rejecting the purchase of this 4,000±acres, withdrawing from the four (4) Agreements, and deannexing the land, Cave Creek residents retain local governing authority; the governing level where property values and property rights are better protected and enforced.
Should residents pay a property tax for a nebulous 4,000± acres of land that is financially undesirable even to developers? Should residents purchase the land when, in all likelihood, the land will remain “open space” whether it’s purchased by Creekers or remains as State Land?
Due to the upcoming mayor and council elections, it is important to know the names of the town officials who negotiated the four (4) Open Space Agreements with the State Land Department.
In 2009, the town officials included: former Town Manager Usama Abujbarah; Mayor Vince Francia; Councilmembers Ernie Bunch; Dick Esser; and Tom McGuire. Steve LaMar joined in the choir, but was on the Planning Commission at the time. Ian Cordwell as Planning Director.
In 2016, the town officials who will likely be asking residents to approve the purchase of the 4,000± acres with a property tax are: Mayor Vince Francia; Councilmembers Ernie Bunch; Dick Esser; Tom McGuire; and Steve LaMar, now Vice-Mayor. Ian Cordwell as Planning Director. Newest members include Councilmembers Mark Lipsky and Susan Clancy.
Which of our 2016 town officials will support a property tax, or support an increase the town’s level of debt for the acquisition of this 4,000± acres?
Watch this space. Be informed. Stay informed. Get involved. Demand the truth.
Share your thoughts, questions, or comments below. Just remember the rules: Be nice … be honest … or be deleted. (All social media links are not currently active. To leave a comment or read the comments of others please use "Comments" button.)
Janelle Smith-Haff
3/26/2016
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