From: mike chutz
Date: April 16, 2012 7:11:54 PM MST
To: Ford, John, Omundson, Peter, Baxley, Dan, Bryda, Ted, Fontaine, Ray, Monachino, Reggie, Iverson, Rae
Subject: Planning Meeting April 19
Dear Commissioners,

I am a part of a group of citizens of Cave Creek who are very concerned about the application of a real estate investment company called CC Investors 220, LLC.  This company owns 220 acres in the area of Fleming Springs.  It has applied to the Town of Cave Creek for a special use permit, an amendment to the General Plan and an amendment to the zoning regulations.  The request is to use a Planned Area Development in order to put mixed use commercial and residential into an area that is currently zoned Desert Rural 190.

A hearing was scheduled before your Board this coming Thursday night.  The lawyer for the real estate investment company called the town manager this morning and asked that the application for the special use permit be dropped and that an indefinite continuance be given as to the requests for the General Plan and Zoning amendments.  Based on that request, and without consulting any of the Planning Commissioners, the town manager unilaterally cancelled the hearing.

This is in direct contravention of the law.  This was a properly noticed hearing.  

You might argue that the applicant has the right to cancel the hearing.  That is not true.  In fact, the developer asked for, and was granted, an "indefinite continuance."  

Had the applicant entirely withdrawn the application then there would be nothing to meet about. The applicant withdrew only one of three requests.  The most important request was the request for a Planned Area Development - the regulation that would allow planning staff and the applicant great latitude in applying mixed use principles to the land.  That PAD law was rescinded recently.  The applicant filed its request just before that regulation expired. Now it is seeking an open ended continuance rather than simply withdrawing the application. The landowner is gaming the system in order to try to have the ability to use this Planned Area Development regulation at any time that it might like to do so. 

The town manager does not have the authority to grant a continuance of a matter actively under consideration by the Planning Commission, or to cancel a meeting of the Planning Commission.  The applicant was not asked what the circumstances were that required a continuance.  The applicant was not asked to explain what it would be doing during the time of the continuance so as to move the case forward. These kinds of questions are the questions that the Planning Commission would get answers to at a hearing.  At the conclusion of that hearing the Planning Commission could decide to continue the case and under what conditions, or close it and make its recommendation.  That is how the system is supposed to work.   That is due process.  

Many people relied on that publicly noticed meeting to our detriment.  Myself and hundreds of other citizens of Cave Creek had prepared diligently in order to present our arguments to the Planning Commission in a dignified and professional manner.  We have invested many man hours visiting with our fellow citizens, informing them about the details of the application. Many of our fellow citizens changed their schedules in order to attend that hearing.  

The cancellation of this meeting was in violation of the public hearing laws.  In canceling the hearing the Town Manager exceeded his legal authority.  Further, it was inappropriate that you were not consulted.  In talking with two of the Commissioners it was clear that both believed that the applicant had pulled its application.  That is not the case.  The applicant has simply been given an open ended extension.

We urge you to contact the Town Manager immediately and demand that the hearing be held as scheduled. I also urge you to contact the attorney for the city and demand that an emergency meeting of the Planning Commission be held to discuss this matter in a manner that is consistent with the open meeting laws.  

We intend to fully pursue this.  We urge you to stand up for your rights as appointed officials and also to fulfill your obligations to your town and to your fellow citizens.  

PS  It is truly astounding that just two months ago the Town Manager recommended to Town Council that the Planning Commission be required to consider and make recommendations to all cases within two months.  Now he is unilaterally giving this case an indefinite continuance.


Mike Chutz