Suit on historic zone goes to court Monday

NOGALES--Santa Cruz County supervisors again approved a historic zone for Tubac Tuesday, but the arguments about it are far from finished.

Hearings in a suit against the county over the validity of the historic zone ordinance will be heard in Pima County Superior Court next Monday. The lawyers there will represent Tubac merchant Alan Troy and the county.

Tuesday morning, Supervisors John Maynard, Robert Damon and Manny Ruiz unanimously agreed to adopt Ordinance No. 2004-05, which repealed the old Santa Cruz County historic zone ordinance and replaced it with a new, almost identical one.

Lawyer Marc Mauseth, representing Troy in this case, has said the 1982 passage of the ordinance was flawed.

About 20 persons spoke before the supervisors, some supporting the ordinance as necessary to retain Tubac's historic charm and others questioning the validity of how it was originally approved and other things.

In an interview after the vote, Tubac merchant Gary Rose continued to question the validity of the historic zone.

He said state law requires that at least 65 percent of the property owners within a proposed zoning district must approve it. He said that wasn't done here.

In an interview after the meeting, Mary Dahl, county director of planning and zoning, said such a vote was taken in 1982 when the zone was established.

During public comment, at least two opponents, Cynthia Gay Rose and Christine Sisco, said they were denied the chance to vote on creation of the zone.

Opponent Troy said he thought the zoning ordinance "is tailored to help special interest groups meet their agenda."

Some of those speaking in favor of the ordinance included:

Earl Wilson, a resident but not a business owner, said, "The village of Tubac is a beautiful place," and "It has to be protected."

Mindy Maddock, who lived in historic areas of Virginia, said opponents are trying to get their way by bullying the others.

She told the supervisors that they had to stand up to bullies. "That's what we elect the government to do," she added.

Dave Munger said Tubac "is a beautiful, magnificent place," and the ordinance is needed to keep it that way. He said the Chamber of Commerce had gathered 371 signatures with addresses from persons who favor the ordinance.

Among other things the ordinance sets building standards.

A subsequent ordinance prohibits more than one festival-like event in the historic zone at the same time.

The Tubac Chamber of Commerce sought that ordinance, claiming wildcat vendors and other competing events were piggybacking on the annual Tubac Festival of the Arts.

The Chamber says it pays for advertising, portable toilets, security and trash collection for the festival while those other vendors make money but don't help pay those costs.

The next festival is in February.

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