What are the restrictions on the consent form you are asking residents to sign and how are they binding?
The consent form we are asking residents to sign approves an amendment to the current deed restrictions and upholds the current amendments with these additional restrictions:
- The community will have no more than 3.0 dwelling units per gross acre within the property
- Houses will be used only for residential purposes and for any other use permitted under the City of Phoenix Zoning Ordinance
- Houses will be limited to two stories
- At least 30% of the community must be open space (e.g., parks, lakes, drainage retention areas, trails, roadways and attendant sidewalks, agricultural areas)
- There will be NO multifamily rental apartment projects; ONLY single-family homes will be permitted
- All commercial uses will be prohibited with the exception of a school or other educational uses, community supported agriculture, a café, a farmer's market, the sale of produce, seeds or other products related to agriculture, or any other retail use associated with or related to education or community supported agriculture
By signing the consent form, we are legally bound to stay within these new deed restrictions when we file a zoning case with the City of Phoenix. These self-imposed restrictions have been offered because it fits with the vision of Ahwatukee Farms and what we believe the community can aspire to become.
Why is the unit per acreage calculated with gross acres of the property?
The following provisions are from the City of Phoenix Zoning Ordinance Section 202 – Definitions:
Density: The number of dwelling units divided by the gross area.
Gross Area: The area of a lot or parcel including all dedicated streets, alleys, private accessways roadway and/or alley easements, and canal rights-of-way. Such boundaries shall extended to the center of existing abutting street or alley right-of-way. In the case of an existing partial dedication or easement, the gross area shall not extend beyond what would be the centerline of the full dedication. Further, parcels abutting: 1) a freeway; or 2) a canal right-of-way when the abutting development has complied with the Canal Bank Design Guidelines set forth in Section 507 Tab A, including landscaping of canal bank right-of-way, shall include twenty-five feet of such right-of-way within gross area. *27 *47
Per these definitions and the accompanying illustration, which immediately follows the gross area definition in the Ordinance, Phoenix clearly calculates density on the gross, not the net, lot area
What can be done about traffic in the area?
Since purchasing the property, we have undergone rigorous traffic studies to understand the area and the capacity of streets surrounding the neighborhood. When we file a zoning plan with the City of Phoenix, we will work directly with the City and their traffic department to best address concerns and improve the current traffic layout of the area.
How will Ahwatukee Farms impact the Ahwatukee Foothills community?
Ahwatukee Farms is a vision for Ahwatukee. The vision intends to convert the former golf course into a thriving community. To the benefit of all Ahwatukee Foothills residents, the vision includes a school campus, a community-supported agriculture program, and beautiful amenities featuring lakes, trails, open spaces and single-family homes.
What is a community-supported agriculture program?
Community-supported agriculture is a model of local agriculture and food distribution. A CSA is an association of individuals, who have pledged to support local farms, with growers and consumers sharing the benefits of food production.
Subscribers to a CSA pay for a share of the anticipated local seasonal farm harvest. Once harvesting begins, subscribers receive a weekly share of produce. In addition to locally grown produce, some CSA services may include additional farm products such as honey, eggs, dairy, fruit, flowers and meat. Some CSAs allow for contributions of labor in lieu of subscription costs.
As people turn to local and organic food options, community-supported agriculture (CSA) is a growing trend across the county and was recently featured in a national story on CBS News.
Will there be commercial activity on the property?
Yes. Very limited - the operation of the Farmer’s Market and the opportunity for a small café on the property would be considered commercial activity. No other commercial uses are envisioned for the property.
Will development of the property address flooding and drainage concerns?
Yes. The drainage affecting the former golf course and the drainage from the surrounding watershed was analyzed. The hydrology for the area was studied by Hilgart Wilson, a highly respected hydrology and civil engineering firm, in conjunction with Maricopa County Flood Control. The study completed by Hilgart Wilson influenced and dictated certain aspects of the proposed plan. The plan was designed to ensure the project can receive and distribute all runoff onto the property from adjacent parcels as well as manage runoff generated from the development. In addition, the land plan specifically provides adequate open space for water storage, water flows and offsite distribution of water downstream. Moving forward, drainage studies and future engineering plans are required to be verified and approved by the City of Phoenix and Maricopa County Flood Control.
You can read the entire report by Hilgart Wilson Drainage Report here.
Why is the property no longer an operating golf course?
Across the country, many golf courses have experienced financial distress. Significantly reduced interest in the sport and financial viability are often cited as major contributors to golf course closures. In light of sustainable water practices and the rising cost to operate and maintain a golf course, specifically this golf course type and location is not financially feasible.
Are restrictions in place to prevent the property from being used for anything other than a golf course?
Yes. The current Covenants, Conditions, & Restrictions (CC&Rs) that run with the land restricts the use of the property to golf course related uses. Other uses such as residential or commercial may be allowed if the the CC&Rs are amended by benefited parties (property owners) within the HOA.
We are asking property owners for their signatures to allow us to amend the CC&Rs. A consent form will be sent to property owners via mail. You can also request a consent form on here.
Can the CC&Rs be amended?
Yes. We are strongly committed to working with Ahwatukee Foothills residents to amend the CC&R’s. The amendment process is defined in the CC&R document. Property owners within the HOA, who are in favor of amending the CC&Rs, are required to sign a consent form to amend the restrictions currently on the property. The consent form identifies specific restrictions as to what can be built on the property, limiting the residential and commercial uses. An amendment to the CC&Rs requires the support of 51% of property owners within the HOA. An approval to amend the CC&Rs would grant us the opportunity to include non-golf related uses on the property.
We will be mailing a consent form to property owners for signature. To request a consent form, please head to the Support page.
If the CC&Rs are amended, will this lead to the closure and re-development of other golf courses in Ahwatukee?
Does the process allow for Ahwatukee residents to have their voice heard?
Yes. The foundation to the CC&R amendment process is based on information sharing. We are starting that process now through the launch of this website. This process will continue with a comprehensive community engagement process for those that are interested in learning about the plans and wanting to participate in making them even better. This process will continue as we start the zoning case with the City of Phoenix. There will be many opportunities for your voice to be heard.
Does the lawsuit require the owner of the property to re-open the golf course?
The litigation, initiated by two individuals within Ahwatukee, is ongoing. Although there has been an initial ruling by the judge overseeing the case, there has been no final determination of the lawsuit. The next step in the process will be to prepare for trial, which includes the discovery process and the actual trial. Depending on the outcome of the trial, there will most likely be a lengthy appeal process. The timeline could be two to three years from now before any final conclusion.
Independent of that process, we firmly believe that the result of the ongoing litigation will not result in The True Life Companies being forced to operate a golf course business of any kind. It goes without saying that the potential result of any case being litigated is subject to a wide variety of outcomes. We intend to fully exercise our rights to have the legal position determined by any and all courts of law available to us.
Regardless, we would rather have the future of the former Ahwatukee Lakes property decided by the people most directly effected by any decision, the benefited parties within the Ahwatukee Board of Management boundary, most notably YOU! By your consent to allow the amending of the CC&R’s and the subsequent submittal of our plan for the development of the property to the City of Phoenix, you have direct input as to the ultimate disposition of the property.
We thank you for your thoughtful consideration of this process and ask for your support.