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Zach Colick
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| Joined: | Mon Jan 15th, 2007 |
| Location: | Sun City |
| Posts: | 376 |
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Posted: Tue Jun 23rd, 2009 11:18 pm |
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Finisterre SUP withdrawn by town planners
Homeowners did not agree with town on unrestricted pedestrian access
By Zach Colick
Independent Newspapers
Finisterre residents could apparently not wrap their arms around the concept of allowing unrestricted pedestrian access inside their gated community, a condition required to amend a special-use permit that sought to remedy ongoing traffic concerns brought forward to the town’s Planning Commission.
Finisterre officials for months expressed their desire to the town’s Planning Commission the need to beautify the gated community’s front entrance.
Plans included remodeling the existing guard house, relocating the guard gate further south to allow for extra queuing of vehicles, updating front entry signs and entry monuments, as well as adding landscaping elements and piers along the entry way.
Both town and Finisterre officials seemed to be on the same page and it appeared the special-use permit would be approved unanimously without a hitch as planning commissioners said the application was rather straight-forward.
That all changed in March once residents spoke out against allowing unrestricted public pedestrian and non-motorized vehicle access inside their gated community.
Allowing unrestricted public pedestrian access was a mandatory component of the approval process.
After the Planning Commission voted 6-0 in mid-April to approve a minor amendment to beautify Finisterre’s front entry way, HOA officials, with the help of local attorney Doug Jorden, came forward and asked the Planning Commission to reconsider its motion.
Mr. Jorden argued that a majority of Finisterre homeowners claimed allowing unrestricted public access for walkers, joggers and bicyclists through a front entry gate during regular business hours damaged the character of their community.
All gated communities are required to allow for unrestricted public pedestrian and non-motorized vehicle access, according to the Paradise Valley town code
The Villaressi, Judson, Preserve at Lincoln, Villas at Montelucia, Casa Blanca Estates and Hidden Paradise gated communities all allow for unrestricted public pedestrian access during hours in which a front gate attendant is on duty.
Finisterre HOA President Judy Bowe and Mr. Jorden said Finisterre residents do not want unrestricted public pedestrian and non-motorized vehicle access inside their gated community because of security concerns.
Ms. Bowe said her community also did not want any unwanted solicitors or “undesirables” making their way into Finisterre without an invitation.
Mr. Jorden and Ms. Bowe asked during a May 19 Planning Commission meeting that Finisterre’s amended special-use permit application be withdrawn entirely from town records since town officials and Finisterre homeowners did not agree on allowing unrestricted pedestrian access inside their community.
Between mid-May and last week, Planning Commission Chairman Dolf Strom hoped Ms. Bowe and other Finisterre residents might change their minds in allowing unrestricted pedestrian access inside their community.
Casa Blanca Estates officials earlier this year had a sudden change of heart in approving a similar special-use permit request to beautify the community’s front entry.
While Casa Blanca Estates officials eventually caved in to allow for unrestricted pedestrian access, Finisterre residents could not see it the town’s way, citing security reasons.
The Planning Commission voted 6-0 last week to pull Finisterre’s application off the books — as if the mid-April special-use permit approval never happened.
“We’re not going to convince them and they’re not going to convince us about who’s right and who’s wrong,” said Planning Commissioner Richard Mahrle.
Chairman Strom said last week that burglaries in gated communities occur when vandals hop fences; typically, they do not sneak their way through public rights of way.
Eva Cutro, the town’s Planning and Building Department director, said she has not received any complaints from residents living in gated communities about unwanted people — pedestrians or criminals — entering their subdivision.
“We’ve only gotten calls from people who were not granted access to the gated communities when they should have,” Ms. Cutro said.
Mr. Jorden apologized during both the May 19 and June 16 Planning Commission meetings for wasting commissioners’ time.
He reiterated that the Finisterre community simply did not see eye to eye with the town concerning public pedestrian access and that pulling the application a month ago would have been the best move as town officials would have never changed residents’ minds on the matter.
“This is something that has taken on a life of its own,” Mr. Jorden said.
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