Print
Comment
Rate
City proceeds with 'hostile takeover'
Thelma Grimes/San Pedro Valley News-Sun
Benson Public Works Director Brad Hamilton said the city is moving forward with the annexation of 115 acres west of Benson, and the Matthew McDonald property caught in the middle will be a part of a hostile takeover.
Hamilton explained that it is hostile, instead of eminent domain, because McDonald, who owns 10 acres, is being forced against his will into city limits to accommodate the needs of developer Jerry DeGrazia, owner of San Pedro Partners LLC.
DeGrazia owns 43 acres of the land to be annexed, Harlan Trust owns just over 60 acres, McDonald owns 10 and area landowner Mahlon MacKenzie has also agreed with the annexation proposal.
Hamilton said eminent domain, such as that power used recently by the Arizona Department of Transportation (ADOT), is where a government body may take over a part of a resident's property to serve the common good. ADOT had to use that authority with some landowners near State Route 90 in preparation to realign Interstate 10. The landowners were paid for the land ADOT needed.
Hamilton said the city will not be taking McDonald's property, they will be forcing him into city limits, which means he will also have to follow city codes and regulations.
Hamilton said it's a case of majority rules, and unfortunately, McDonald isn't siding with the majority of landowners in the area. To annex, 51 percent of the area landowners have to agree, Because there are only a few, Hamilton said DeGrazia has the required amount through MacKenzie and Harlan Trust.
San Pedro Partners, which annexed 305 acres of land into city limits in 2005, stated they need the additional 43 acres, located about a mile from State Route 90 and the Interstate 10 intersection, to get the proper sewer connections up to the original property.
At the April 20 meeting, where the City Council approved a pre-annexation agreement in principle, developer Harold Ashton of San Pedro Partners said he and DeGrazia paid cash for the 305 acres of land from the Getzweiler family in 2005. However, having an engineer on the property after it was purchased, the developers were informed that the sewer system could not be installed to the master-planned community because of the uphill slopes.
Hamilton said to his knowledge, San Pedro Partners only wants to annex the 43 acres to install a sewer system, but acknowledged that with the developer putting through an amendment proposal to the city's general development plan and plans to rezone the property, they could be looking at more commercial or residential development.
Because it was only a pre-annexation agreement, the developer is not required to provide the city with all the details. However, Hamilton stressed that the developer will have to go through a public hearing, and receive approval from the City Council before the final annexation agreement is approved. The developer will then have to go through a public hearing and receive council approval for the general development plan changes, and finally, if they still want to rezone the property, the public will get to weigh in, and the council will have to approve it.
While the council approved the pre-annexation agreement in principle, it was not unanimous.
Vice Mayor Toney King and Councilman David Lambert voted against forcing a property owner into city limits against his will, while Councilwoman Lori McGoffin said she voted yes, but noted that doesn't mean she will approve the final plan.
Councilwoman Jo Deen Boncquet was absent, and Mayor Mark Fenn, along with council members John Lodzinski and Al Sacco also voted yes.
Hamilton said only the 43 acres being considered for annexation is being discussed; the remaining 305-acre parcel has been set for some time.
Over the last six years, DeGrazia has worked with three different city managers in Benson. The general development plan changed twice, San Pedro Partners received approval to rezone the property from low-density residential to B-2, which allows business and residential development in a master-planned community, had the plat for the 305-acre parcel approved, and now wants to change the general development plan again, annex more property and rezone more property.
Hamilton said any time an annexation proposal exceeds 10 acres, by law, the general development plan has to be changed. A city's general development plan can only be changed once a year.
On the 305-acre parcel, DeGrazia has already received approval to build up to 2.79 homes per acre, or a total of 850 homes.
Hamilton said it will be some time before any homes are built, noting that DeGrazia not only has to go through the city process, they also have to base development on the current economic conditions, which remain slow.
Benson Public Works Director Brad Hamilton said the city is moving forward with the annexation of 115 acres west of Benson, and the Matthew McDonald property caught in the middle will be a part of a hostile takeover.
Hamilton explained that it is hostile, instead of eminent domain, because McDonald, who owns 10 acres, is being forced against his will into city limits to accommodate the needs of developer Jerry DeGrazia, owner of San Pedro Partners LLC.
DeGrazia owns 43 acres of the land to be annexed, Harlan Trust owns just over 60 acres, McDonald owns 10 and area landowner Mahlon MacKenzie has also agreed with the annexation proposal.
Hamilton said eminent domain, such as that power used recently by the Arizona Department of Transportation (ADOT), is where a government body may take over a part of a resident's property to serve the common good. ADOT had to use that authority with some landowners near State Route 90 in preparation to realign Interstate 10. The landowners were paid for the land ADOT needed.
Hamilton said the city will not be taking McDonald's property, they will be forcing him into city limits, which means he will also have to follow city codes and regulations.
Hamilton said it's a case of majority rules, and unfortunately, McDonald isn't siding with the majority of landowners in the area. To annex, 51 percent of the area landowners have to agree, Because there are only a few, Hamilton said DeGrazia has the required amount through MacKenzie and Harlan Trust.
San Pedro Partners, which annexed 305 acres of land into city limits in 2005, stated they need the additional 43 acres, located about a mile from State Route 90 and the Interstate 10 intersection, to get the proper sewer connections up to the original property.
At the April 20 meeting, where the City Council approved a pre-annexation agreement in principle, developer Harold Ashton of San Pedro Partners said he and DeGrazia paid cash for the 305 acres of land from the Getzweiler family in 2005. However, having an engineer on the property after it was purchased, the developers were informed that the sewer system could not be installed to the master-planned community because of the uphill slopes.
Hamilton said to his knowledge, San Pedro Partners only wants to annex the 43 acres to install a sewer system, but acknowledged that with the developer putting through an amendment proposal to the city's general development plan and plans to rezone the property, they could be looking at more commercial or residential development.
Because it was only a pre-annexation agreement, the developer is not required to provide the city with all the details. However, Hamilton stressed that the developer will have to go through a public hearing, and receive approval from the City Council before the final annexation agreement is approved. The developer will then have to go through a public hearing and receive council approval for the general development plan changes, and finally, if they still want to rezone the property, the public will get to weigh in, and the council will have to approve it.
While the council approved the pre-annexation agreement in principle, it was not unanimous.
Vice Mayor Toney King and Councilman David Lambert voted against forcing a property owner into city limits against his will, while Councilwoman Lori McGoffin said she voted yes, but noted that doesn't mean she will approve the final plan.
Councilwoman Jo Deen Boncquet was absent, and Mayor Mark Fenn, along with council members John Lodzinski and Al Sacco also voted yes.
Hamilton said only the 43 acres being considered for annexation is being discussed; the remaining 305-acre parcel has been set for some time.
Over the last six years, DeGrazia has worked with three different city managers in Benson. The general development plan changed twice, San Pedro Partners received approval to rezone the property from low-density residential to B-2, which allows business and residential development in a master-planned community, had the plat for the 305-acre parcel approved, and now wants to change the general development plan again, annex more property and rezone more property.
Hamilton said any time an annexation proposal exceeds 10 acres, by law, the general development plan has to be changed. A city's general development plan can only be changed once a year.
On the 305-acre parcel, DeGrazia has already received approval to build up to 2.79 homes per acre, or a total of 850 homes.
Hamilton said it will be some time before any homes are built, noting that DeGrazia not only has to go through the city process, they also have to base development on the current economic conditions, which remain slow.
 |
 |
|
| COMMUNITY PROFILE: Benson teens get | Congresswoman walks the walk with students |
Article Rating
Reader Comments
The following are comments from the readers. In no way do they represent the view of bensonnews-sun.com.
