Resolution from PORA BOD – BNSF Intermodel Project

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RESOLUTION FROM PORA

RE: BNSF Intermodal Project

 

WHEREAS, The Sun City West Property Owners and Residents Association (PORA), Is a quasi-governmental organization that represents the citizens of the unincorporated area known as Sun City West.

 

WHEREAS, The Maricopa County Board of Supervisors has a matter on its August 20, 2025 agenda related to zoning changes in an area near the Sun City West residential community that will be directly and negatively impacted by the location of a proposed very large BNSF railroad facility.

 

WHEREAS, PORA has been contacted by numerous SCW residents, in a very short period of time, who are unanimously opposed to the location of the proposed railroad facility.

 

WHEREAS, PORA Is aware of certain negative effects the proposed railroad project will have on its residents, namely: Environmental Impacts on Air Quality/Noise and Light Pollution; Transportation Impacts with Traffic Congestion and Noise; Quality of Life for nearby residents.

 

NOW THEREFORE, PORA, via unanimous action by its Board of Directors on June 30, 2025, do formally make known it is representing the position of the SCW residents in the railroad matter by stating it is 100% opposed to the location of any intermodal project along US 60 that would have a negative impact on the SCW residents. PORA further implores the Maricopa County Board of Supervisors to adopt the same position related to railroads near residential areas in future applications for zoning change.

 

ADOPTED, This 30th day of June 2025 by the PORA Board of Directors.

 

 

Ralph Johnson-President

School Committee Announcement

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Victory Autism Academy Proposal Raises Questions in Sun City West

By Cindy Putman

A new school proposal near Sun City West is sparking conversation—and concern—among residents of the 55+ community. Victory Autism Academy (VAA), a private K–12 school specializing in education for autistic children, has announced plans to open a new campus within or near the community’s borders.

While many residents support VAA’s mission, some are worried about the potential long-term impact on Sun City West’s age-restricted status and the federal protections that preserve its character as a retirement haven.

What We Know

Supervisor Debbie Lesko said “Victory Autism Academy is a private school, not a public or charter institution. Under current Arizona law, private schools are permitted to operate on commercially zoned land.” VAA has selected such a site for its new campus.

This legal framework distinguishes it from charter schools, which were explicitly banned from Sun City in 2011 through legislation spearheaded by then–State Representative Debbie Lesko. That law, however, does not apply to private schools or extend to the adjacent Sun City West area.

Legal Context: HOPA and Zoning

At the heart of the concern is the Housing for Older Persons Act (HOPA), a federal law passed in 1995 that allows communities to restrict residential occupancy to those aged 55 and older. Sun City West, like many active adult communities across the country, relies on HOPA to maintain its age-restricted identity.

However, HOPA only applies to residential housing, not to commercial property. That means businesses—including private schools—may legally operate nearby, even if they serve children and families.

Community Reactions

Some residents view the school’s presence as a potential crack in the foundation of the 55+ model. They worry that allowing educational facilities to open so close to the community could pave the way for future development that might erode the protections HOPA provides.

“This isn’t about the children,” one resident shared. “We care deeply about special needs education. But we also moved here for a reason—and that reason was a quiet, age-restricted environment.”

Others argue that the fears are premature, noting that commercial zoning already permits a wide range of business activities, and the school will not be located within any residential enclave of Sun City West.

What Comes Next

Community leaders are considering whether to pursue new legislation that mirrors the 2011 Sun City charter school ban—this time aimed at restricting private schools near age-restricted zones like Sun City West.

In the meantime, dialogue with local officials and planning boards is ongoing. Residents are encouraged to attend town meetings, stay informed, and work through the appropriate legal and civic channels.

A Delicate Balance

As the community weighs its next steps, many hope a solution can be found that respects both the needs of families seeking specialized education and the integrity of the 55+ lifestyle that defines Sun City West.

The issue highlights the complexities of zoning, community planning, and changing demographics—reminding all involved that even in established communities, the landscape is always evolving.

BNSF Committee Announcement

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Understanding the BNSF Development: What You Need to Know and How to Make Your Voice Heard

Residents in the area surrounding the proposed BNSF railway development are being encouraged to get involved and stay informed as a significant land use decision approaches.

The Background

BNSF Railway purchased approximately 800 acres of land in Wittmann, AZ, in 2004 with the intention of future development. Initial discussions began with the City of Surprise about annexation, but those talks were later abandoned. Since then, BNSF has acquired an additional 3500 acres and has been working with Maricopa County to advance the project.

Now, two critical planning and zoning steps are moving forward:

Step One: Comprehensive Plan

Scheduled for August 20, 2025, this vote by the Maricopa County Board of Supervisors involves approval of the Comprehensive Plan for 800 acres. This is a crucial first step and requires a 3/5 majority vote. The plan lays the foundation for what type of development will be permitted—residential, commercial, industrial, or a mix.

Maricopa County Supervisors:

 

Step Two: Zoning for All 4,300 Acres

Following the Comprehensive Plan, the next stage will involve zoning changes for the entire BNSF property. This includes designations for large warehouses and industrial uses, a sharp contrast to the current zoning of one house per acre. As of now, it is uncertain if this zoning case will be included on the August agenda.

The Details You Should Know

    • Soft Zoning vs. Hard Zoning:
      Soft zoning refers to the County’s general plan indicating the intended use for areas—such as industrial or commercial—but without specific building designs.
      Hard zoning includes exact site plans, including structures that could be up to 90 feet tall and cover five acres or more.
    • Federal Influence:
      Railroads fall under federal regulations, meaning BNSF has authority that can supersede local zoning rules. This could allow BNSF to construct an Intermodal Facility even if local officials reject warehouse plans.
    • Alternate Paths:
      If Maricopa County denies zoning or development, BNSF could re-approach the City of Surprise for annexation. Approval there could allow the project to continue under city jurisdiction.
    • Community Concerns:
      While some local institutions, such as Nadaburg School, have accepted donations (e.g., archery equipment from BNSF), they have not made formal statements about the proposed development. Meanwhile, groups like the Arizona Chamber of Commerce are reportedly seeking meetings with County Supervisors—likely to push for approval.

How to Get Involved

Former Congresswoman Debbie Lesko encourages residents to speak up:

    1. Put your comments in writing—emails or letters must include your name and address to become part of the official public record.
    2. Send your opinions to your elected officials:
      • Rep. Beverly Pingerelli: bpingerelli@azleg.gov
      • Rep. David Livingston: dlivingston@azleg.gov
      • Sen. Frank Carroll: fcarroll@azleg.gov

Every voice matters, especially on issues that impact land use, quality of life, and the environment. Whether you support or oppose the project, now is the time to engage and ensure your concerns are heard.

License Plate Cameras in Sun City West

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Recently at a Roads, traffic and safety committee meeting there was considerable discussion concerning the possible installation of license plate camera readers in Sun City West. Several questions were raised about these cameras that the committee was unable to answer. The Committee reached out to the camera company, Flock Safety. He will address concerns at a special meeting at PORA on Wed. August 11 at 1:30pm.

Some concerns that will be addressed are:

1) What are these cameras?
2) Who is requesting these cameras?
3) What is reason for installing these cameras?
4) Where will cameras be installed?
5) What type of pictures are these? Full car pictures with driver visible, just car or just license plates?
6) Who can access these pictures and for what purpose?
7) How long will pictures be kept on file?
8) Who pays for these cameras and the monitoring?
9) Security – Can these files be hacked by outsiders?