City of Casa Grande

MINUTES OF THE REGULAR MEETING
OF THE HONORABLE MAYOR AND COUNCIL
OF THE CITY OF CASA GRANDE
HELD IN THE COUNCIL CHAMBERS
510 E. FLORENCE BLVD., CASA GRANDE, AZ 85222
MONDAY, JUNE 2, 2008


A. Call to Order: Mayor Jackson called the meeting to order at 7:00 p.m.
Invocation: Robert Castro, Pastor of Calvary Church, delivered the invocation.
Pledge of Allegiance: Mayor Pro Tempore Peterson led the Pledge of Allegiance to the Flag.

B. Roll Call:

The following Council Members were present:

Karl Montoya Council Member
Mary Kortsen Council Member
Ralph Varela Council Member
Steve Miller Council Member
Dick Powell Council Member
Karl Peterson Mayor Pro Tempore
Robert Jackson Mayor

Also Present:
James Thompson City Manager
Larry Rains Deputy City Manager
Brett Wallace City Attorney
Gloria Leija City Clerk
Mary Johnson Community Services Director
Scott Miller Fire Chief
Rick Miller Planning & Development Director
Robert Huddleston Police Chief
Kevin Louis Public Works Director
Scott Barber Administrative Services Director



C.
Minutes:

Mayor Pro Tempore moved to approve the following minutes:

City Council Regular Meeting May 19, 2008

And accepted for the record the following minutes:

Library Advisory Board April 9, 2008
Industrial Development Authority April 16, 2008

The motion was seconded by Council Member Kortsen and was carried with a 7-0 voice vote.

D. Claims:

Council Member Varela moved to approve and pay the reported claims dated May 22 & 29, 2008. Council Member Montoya seconded the motion and was carried with a 7-0 voice vote.

E. Meeting Agenda Approval:

Council Member Powell moved to approve the meeting agenda with changes: Remove Items L.7 & L.8 from the agenda. Postpone Item K.1 to July 7th meeting. Discuss Item K.4 after L.6. Council Member Kortsen seconded the motion and was carried unanimously.

F. Special Presentation:

F.1 Employee Retirement Recognition
Pat Manning

Mayor Jackson presented an appreciation plaque to Pat Manning for her years of service to the City.

F.2 Employee Retirement Recognition
Billy Warren

Mr. Warren was not available for the meeting.


G.
Consent Agenda:

Mayor Jackson announced consideration of the Consent Agenda and explained that all items listed preceded by an asterisk (*) would be acted upon by a single roll call vote of the Council, unless some member of the Council or member of the public asked that specific items be removed from the Consent Agenda, discussed and voted upon separately.

Council Member Powell moved for passage of the Consent Agenda. Council Member Kortsen seconded the motion and the following roll call vote was recorded:

AYES ABSTAIN NAYS
Council Member Montoya
Council Member Kortsen
Council Member Varela
Council Member Miller
Council Member Powell
Mayor Pro Tempore Peterson
Mayor Jackson

Mayor Jackson then declared that all items in these minutes identified by an asterisk (*) preceding the title of that item were passed and adopted.

G.1 *Final Adoption Ordinance No. 2511
Sole Source Provider Offer from Global Traffic Technologies, LLC
Opticom Emergency Vehicle Preemption System

By a 7-0 roll call vote under the Consent Agenda, Council passed and adopted Ordinance No. 2511, which appeared before Council for a second reading, accepting the sole source provider offer from Global Traffic Technologies, LLC. to provide an Opticom Emergency Vehicle Preemption System; authorizing the installation of equipment through the city’s police department; authorizing expenditure of public funds in an amount not to exceed $84,552.50 for purchase of the Opticom System, and an additional $100,000.00 for related expenses for the purchase of additional equipment and installation; and authorizing the execution of a contract.


G.2
*Final Adoption Ordinance No. 2512
Lease of a Parcel of Property Located at the
Casa Grande Municipal Airport to the Olson Family Trust

By a 7-0 roll call vote under the Consent Agenda, Council passed and adopted Ordinance No. 2512, which appeared before Council for a second reading, approving the lease of a parcel of property located at the Casa Grande Municipal Airport to the Olson Family Trust; and authorizing the execution of the lease agreement by the City Manager.

G.3 *Resolution No. 4025 Renumbered 4205
Proposition 202 Grant Application to the Tohono O’Odham Nation
the Insider Tips Series
for the City’s Library Workforce Development Program

Community Services Director Johnson recommended in her Request for Council Action form that Mayor and Council approve the grant application for the Tohono O’odham Gaming Grant program, Insider Tips Series for a total of $20,000.00

Director Johnson reported that the goal of this project is to provide a video series on soft job skills. These video programs will supplement the presentation series the library currently has called Insider Tips. The intention of this program is to provide a quarterly video series for job seekers that will increase their abilities and their chances of getting a great job. The videos from the series will be made available to the public as part of our workforce development collection. In order to assure these videos are available and are in proper working condition, a disc cleaning unit will be purchased along with the collection to ensure availability.

The amount of the grant is $20,000.00. No matching funds are required and the only impact will be the city’s processing of the grant application and administration of the grant money.

By a 7-0 roll call vote under the Consent Agenda, Council passed and adopted Resolution No. 4025 4205, authorizing the submission of a Proposition 202 grant application to the Tohono O’Odham Nation in the amount of $20,000.00, for the purpose of purchasing the Insider Tips Series for the City’s Library Workforce Development Program.


G.4 * Special Event Liquor License Application
Greater Casa Grande Chamber of Commerce

City Clerk Leija recommended in her Request for Council Action form that Council authorize the City Clerk to forward local approval to the Arizona State of Liquor Board for issuance of Special Event Liquor License, as requested by the Greater Casa Grande Chamber of Commerce. Their request is in conjunction with their Monthly Business After Hours, scheduled for June 25, 2008, 5:00 p.m. to 7:00 p.m., at 3151 N. Piper Avenue, Suite 113, Casa Grande, Arizona.

City Clerk Leija reported that the Arizona State Board of Liquor License and Control assume little jurisdiction and holds no formal hearings on the issuance of Special Event Liquor License. Almost exclusively the local governing body makes decisions regarding the issuance of such permits. This is the only type of liquor license, which will not be issued without the approval of the local governing board.

The City charges no fee for this type of license. A $25.00 per day license is charged by the State.

By a 7-0 roll call vote under the Consent Agenda, Council authorized the City Clerk to forward local approval to the Arizona State of Liquor Board for issuance of a Special Event Liquor License, as requested by the Greater Casa Grande Chamber of Commerce for their Monthly Business After Hours, scheduled for June 25, 2008, 5:00 p.m. to 7:00 p.m., at 3151 N. Piper Avenue, Suite 113, Casa Grande, Arizona.

G.5 *Police Advisory Board Appointments

Mayor Jackson recommended that Council appoint Mr. Mark K. Sweeney and reappoint Ms. Adelphia Sisson, Mr. John T.P. Diaz, and Mr. Ronald J. Rhodes, Jr. to the Police Advisory Board, with a term to extend through June 7, 2010. Additionally, grant Ms. Sisson a waiver for number of Committee Membership.

Currently, there are four (4) vacant positions on the Police Advisory Board. The board opening were advertised in the local newspaper, and posted at City Hall and Police Department. Nine (9) applications were submitted for consideration, which included: Roger D. Badger, Terry L. Chandler, John T.P. Diaz, James R. Rodney, Douglas J. Kipphut, Ronald J. Rhodes, Jr. Adelphia Sisson, Donald W. Smith and Mark Sweeney.

By a 7-0 roll call vote under the Consent Agenda, Council appointed Mr. Mark K. Sweeney and reappointed Ms. Adelphia Sisson, Mr. John T.P. Diaz, and Mr. Ronald J. Rhodes, Jr. to the Police Advisory Board, with a term to extend through June 7, 2010. Additionally, granted Ms. Sisson a waiver for number of Committee Membership.

G.6 *Resolution No. 4026 Renumbered 4206
Proposition 202 Grant Application to the Tohono O’Odham Nation
One-Stop Workforce Development Center

Deputy City Manager Rains recommended in his Request for Council Action form that the Gila/Pinal Workforce Investment Board is requesting the Mayor and City Council approve a Resolution authorizing the application to the Tohono O’Odham Nation for funding made available through Proposition 202 and that the City serve as the fiscal agent for any allocated funding.

Deputy City Manager Rains reported that the Gila/Pinal Workforce Investment Board has approached the City regarding the possibility of jointly applying for Proposition 202 funds made available through the Tohono O’Odham Nation for the purpose developing a one-stop workforce development center in Casa Grande. The center would integrate several workforce related services and processes into one location. It would be used by local residents that need to make career decisions, imitate training to become successful within their choices and to have support services to meet their goals of becoming independent wage earners.

The Tohono O’Odham Nation requires the application to include a Resolution from the applicable government body supporting the proposed project. The City may also serve as the fiscal agent for the collection, distribution and accounting of such funding.

The City of Casa Grande would be responsible for the financial administration and oversight of these funds. We anticipate that this would take approximately 40 hours of staff resources, with an approximate cost of $1,000.00.

By a 7-0 roll call vote under the Consent Agenda, Council passed and adopted Resolution No. 4026 4206, authorizing the submission of a Proposition 202 grant application to the Tohono O’Odham Nation in the amount of $100,000.00 for the purpose of developing a One-Stop Workforce Development Center.


H. Public Comments:

No public comments were offered.

I. Award of Contracts:

I.1 Ordinance No. 2513
Accepting a Bid from Traffic Controls, LLC
Two Photovoltaic Powered in Pavement Lighting Systems
with Radio Activated Advance Flashing Beacon Systems

Public Works Director Louis recommended that Mayor and Council approve the expenditure of funds for the purchase of two crosswalk Photovoltaic (solar) Powered Flashing Beacon Systems complete with all the hardware from Solar Traffic Controls, LLC of Tempe Arizona in an amount not to exceed $52,299.00.

Director Louis reported that staff requested bids for this equipment and only received one response. The locations for these projects will be on Trekell Road between Trinity Place and East 11th Street and the other is on Trekell Road and East 4th Street adjacent to the Len Colla Center. This project was implemented as a test program to be utilized for crosswalks near and around schools to provide safer access for pedestrians and for other approved locations in the future as sub-divisions develop.

The fiscal impact will reflect on the Streets Highway User Revenue Fund (HURF) budget. It will include the cost to have a crew of four perform in-house installation and ongoing maintenance of the equipment estimated at less than one hundred dollars. With a proper maintenance schedule, these units will last twenty-five years. The cost of the equipment was included in the 2007-2008 Capital Improvement Project (CIP) Budget.

City Clerk Leija read by title only Ordinance No. 2513, accepting a bid from Solar Traffic Controls, LLC to provide two (2) Photovoltaic powered in pavement lighting systems with radio activated advance flashing beacon systems; authorizing expenditure of public funds in an amount not to exceed $62,299.00; and authorizing the execution of a contract.

Council Member Montoya moved for passage Ordinance No. 2513. Council Member Powell seconded the motion and the following roll call vote was recorded:


AYES ABSTAIN NAYS
Council Member Montoya
Council Member Kortsen
Council Member Varela
Council Member Miller
Council Member Powell
Mayor Pro Tempore Peterson
Mayor Jackson

Mayor Jackson then declared Ordinance No. 2513 passed to a second reading.

I.2 Resolution No. 3937.1
Amendments No. 1 and No. 2
with Hunt & Caraway Architects Agreement
for Additional Professional Services

Fire Chief Miller recommended that Mayor and Council approve amendments no. 1 & no. 2 to the professional services contract with Hunt & Caraway Architects, LTD. for the solar electric engineering study and civil engineering for development of McCartney Road for the Casa Grande Fire Department (CGFD) Station 504 in an amount not exceed $68,870.00.

Chief Miller reported that the fire department is requesting these amendments to our professional services contract with Hunt & Caraway Architects, LTD. to conduct the following items:

1) Solar electric engineering study to determine feasibility and applications of project for Fire Station 504. Costs include necessary changes for mechanical, electrical and structural building systems. This does not include design engineering of the solar system, which will be a design-build by American Solar Electric for their installation. Amendment no. 1 is for $22,677.00.

2) Civil engineering for the development of McCartney Road as indicated in the drawing. Amendment no. 2 is for $46,193.00. The city approved contract 207-5 for the design and development of Fire Station 504 on February 5, 2008, through resolution 3937. In that contract it allowed for Hunt & Caraway to be paid 8% of the construction cost for their design services which equates to $308,796.80. Currently we are at $306,342.50 and these two additional amendments will exceed the amount originally approved by Council. These items have been added due to the agreement with the Trinity Baptist Church regarding McCartney Road and due to the City becoming more green in our buildings.

Chief Miller conveyed that the cost of this project will come out of the fire department impact fees for facilities.

City Clerk Leija read by title only Resolution No. 3937.1, approving amendments No. 1 and No. 2 to the city’s agreement with Hunt & Caraway Architects for additional professional services; and authorizing the execution of amendments to the agreement.

Council Member Montoya moved for passage Resolution No. 3937.1. Council Member Varela seconded the motion and the following roll call vote was recorded:

AYES ABSTAIN NAYS
Council Member Montoya
Council Member Kortsen
Council Member Varela
Council Member Miller
Council Member Powell
Mayor Pro Tempore Peterson
Mayor Jackson

Mayor Jackson then declared Resolution No. 3937.1 passed and adopted.

I.3 Resolution No. 4027 Renumbered 4207
Accepting a Bid from Horizon Distributors, Inc.
Golf Course Perennial Rye Grass Seed

Community Services Director Johnson recommended that Mayor and Council award the bid for perennial rye grass seed to Horizon Distributors in the amount of $25,072.32.

Director Johnson reported that four bids were received for the golf course perennial rye grass seed and they are as follows:

Horizon Distributors $25,072.32
Wilbur-Ellis Co. $25,225.14
Fertizona, LLC $26,824.38
Ewing Irrigation $28,527.59

The product will be used in over seeding the greens, tees, aprons and fairways at the golf course for the upcoming winter season. This will mark the seventh year of over seeding the municipal golf course which results in continued player satisfaction and a more playable, aesthetically pleasing course.

This item is proposed in the 2008-2009 fiscal year, and in the event that funding was reduced, we would make adjustments in other areas to insure this project is accomplished, in order to remain competitive in our existing market area. Utilizing the city’s purchasing practices; Horizon Distributors is the lowest responsible bidder due to the credit that is given for local sales tax, paid to the City of Casa Grande.

City Clerk Leija read by title only Resolution No. 4027 4207, accepting a bid from Horizon Distributors, Inc. to provide golf course perennial rye grass seed; authorizing expenditure of public funds in an amount not to exceed $25,072.32; and authorizing the execution of a contract.

Council Member Kortsen moved for passage Resolution No. 4027 4207. Council Member Montoya seconded the motion and the following roll call vote was recorded:

AYES ABSTAIN NAYS
Council Member Montoya
Council Member Kortsen
Council Member Varela
Council Member Miller
Council Member Powell
Mayor Pro Tempore Peterson
Mayor Jackson

Mayor Jackson then declared Resolution No. 4027 renumbered 4207 passed and adopted.

I.4 Ordinance No. 2492.1
Amendment No. 1 to JSA Company Agreement
Installation of the Golf Course Irrigation System
at Dave White Municipal Golf Course

Community Services Director Johnson recommended that Mayor and Council approve change order no. 1 with JSA Company in the amount of $140,485.65. This change order consists of five (5) elements related to the Irrigation System project at Dave White Municipal Golf Course.

Director Johnson reported that in January 2008, Mayor and Council awarded the bid to replace the existing irrigation system with a newly automated system to JSA Company in the amount of $1,098,296.47. The contract included the installation of new irrigation main and service lines, as well as the automation technology for the entire course, including the driving range and practice area. JSA was to provide the necessary repairs to grounds that were impacted during construction. This would ensure that the course was playable following the completion of the project.

As of date, there are five areas that will require additional effort to return the course to a playable condition that will be acceptable to the customers.

The proposed elements of the change order are as follows:

1. Driving Range Tee Extension with Sod, Tee Leveling of existing tee surface,
Construction of one Sand Bunker and One Grass Bunker,
Reshape Existing Chipping Green. $80,859.00
2. Renovation of #3 and #6 Tee Boxes $14,432.00
3. Renovation of #4 Tee Box and expand Tee Box area. $17,525.00
4. Hurricane Hole Drainage Proposal on left side of Hole #17. $ 9,038.65
5. Renovation of #11, #12, #14, #15 and #18 Tee Boxes $18,632.00

Allowing JSA to complete these items will permit Golf Course staff to focus on the maintenance of the course rather than these outlined repairs during the transition from construction to play. There will undoubtedly be “scaring” on fairways until the fall over seeding program.

The combination of repairs and maintenance will be visible and tangible to daily golf patrons, and will positively impact the overall condition of the golf course. Course condition remains the number one reason people frequent a particular golf course and this will keep us competitive in a very saturated market.

Staff does anticipate the need to separately bid potential cart path repairs that will need to be completed prior to the winter season. We are working on a project time line and will present to this item to the Council at the appropriate time.

This expenditure will be paid out of the General Obligation Bonds. Sufficient authority exists to fully fund this change order. There is $2,000,000.00 available and the remaining portion following the irrigation renovation project will be dedicated to clubhouse improvements. Initially, there was a $10,000.00 allowance for change orders associated with the original ordinance.

Discussion

Responding to Council, Director Johnson stated that initially city staff was going to do the work in-house. This is why this portion of the project was not included as part of the original bid award. However, after review of the additional work necessary, it’s in the best interest of the city to have JSA do the work and allow staff time to focus on the maintenance of the course.

Deputy City Manager Rains reported that the additional improvements will not affect the timing of the entire project being completed. Only the tee boxes will be affected. He noted that the cart paths did not hold up. Therefore, staff will be coming back to Council at a later date to address this issue.

City Clerk Leija read by title only Ordinance No. 2492.1, approving Amendment No. 1 to the City’s agreement with JSA Company regarding a change order to add five (5) new tasks to complete the irrigation system at Dave White Municipal Golf Course; authorizing expenditure of additional public funds in an amount not to exceed $140,486.65; and authorizing the execution of an amendment to the agreement.

Council Member Montoya moved for passage Ordinance No. 2492.1. Mayor Pro Tempore Peterson seconded the motion and the following roll call vote was recorded:

AYES ABSTAIN NAYS
Council Member Montoya
Council Member Kortsen
Council Member Varela
Council Member Miller
Council Member Powell
Mayor Pro Tempore Peterson
Mayor Jackson

Mayor Jackson then declared Ordinance No. 2492.1 passed to a second reading.

J. Boards and Commissions: None



K. Ordinances, Resolutions, and Other Matters or
Subjects Requiring Action by the Council:

K.2 Resolution No. 4028 Renumbered 4208
The Arts Education Project Grant Award
The Arizona Commission on the Arts

Community Services Director Johnson recommended that Mayor and Council accept the Artist and Resident Program Application and Award through the Arizona Commission on the Arts in the amount of $1,585.00 with the city’s matching funds totaling $1,020.00.

Director Johnson reported that the Parks and Recreation Department applied for a grant from the Arizona Commission on the Arts to bring an Interdisciplinary Arts Program to our community. Artist, Sharon Swanick will bring workshops to our city in which our youth will be given an introduction to the discipline of Theatre Performance. Our participants will be able to create a character by constructing a puppet. Then, they will tell a story with their puppet. Sharon is scheduled to do a total of 24 workshop hours, 12 hours at the Len Colla Recreation Center and 12 hours at our School Age Child Care (SACC) program this summer. Our programming will also include an art booth at the 2009 City Celebration. Sharon will conclude the program with a ventriloquist performance for the youth and adults to enjoy. The Parks and Recreation Department has been working with the Arizona Commission on the Arts for over 15 years. This is a wonderful project for the community and promotes the arts and culture through hands on activities.

The amount of the Artist and Resident Program Award is $1,585.00, account # 101-40-570-2215-00. The city’s share of matching funding is budgeted in the following areas: Recreation Programs 2008-2009 fiscal year budget; account # 101-40-525-3335-00 ($295.00) and 101-40-525-2210-00 ($725.00)

City Clerk Leija read by title only Resolution No. 4028 4208, accepting the Arts Education Project Grant Award through the Arizona Commission on the Arts to provide the Interdisciplinary Arts Program presented by Artist Sharon Swanick; authorizing expenditure of public funds in an amount not to exceed $2,605.00; and authorizing the execution of a contract acknowledging the grant conditions.

Council Member Miller moved for passage of Resolution No. 4028 4208. Council Member Powell seconded the motion and the following roll call vote was recorded:


AYES ABSTAIN NAYS
Council Member Montoya
Council Member Kortsen
Council Member Varela
Council Member Miller
Council Member Powell
Mayor Pro Tempore Peterson
Mayor Jackson

Mayor Jackson then declared Resolution No. 4028 4208 passed and adopted.

K.3 Resolution No. 4029 Renumbered 4209
Fiscal Year 2008-2009 Tentative Budget

Deputy City Manager Rains recommended that Mayor and Council approve the Resolution adopting the Fiscal Year 2008-09 Tentative Budget.

Deputy City Manager Rains reported that the City made good choices in the last couple of years on policies, which have allowed the City to sustain any downturns. The majority of increases proposed in the 2008/09 budget are attributed to new capital projects that the City has been working on for a number of years: General Fund – new court facility at $3.0 million; Special Revenue Funds - $12 million recommended for improvements to Cottonwood Lane, and other activities that will utilize development impact fees; Capital Project Funds – G.O. Bond Projects, e.g., Len Colla, golf course project, fire station 504, design for the public safety facility, and projects that have been on the City’s five year capital improvement plan, and Enterprise Funds – expansion of the wastewater treatment facility. The line share of the additional budget capacity is driven by the capital improvement projects. The City’s operating budgets have been decreased, which are driven by the economic. Even though, the City has made very prudent decisions, with the slow-down in the economy revenues have started to level off. The City is not currently projecting huge decreases; however, the staff is developing a budget that will maintain the City’s existing level of services. The proposed budget is fiscally sound. The budget is not front loaded, which could cause the City difficulties in future years. The revenues have been projected in a very conservative manner. Staff is monitoring the revenues daily. In case of changes to the economy during the budget year, Staff is having discussions internally on developing a provisional budget, if necessary, which would be presented to Council.


Acting City Manager Rains, further noted that the City’s retail has done well during the last couple of years, e.g. Promenade Mall, etc. The City has done a good job preparing itself for the economic downtown and long term ramification that any long term economic downtown may create, while maintaining a level of services to the community’s constituents.

Arizona Revised Statutes require that a tentative budget be adopted on or before the third Monday in July of each fiscal year, and at the same time set a date, time and place for public hearings on the final adoption of the budget and property tax levy. The date of Monday, June 16, 2008 has been recommended for these public hearings.

Deputy City Manager Rains conveyed the adoption of the tentative budget set the maximum limits for expenditures for Fiscal Year 2008-09 at $ 137,758,900.00. These limits may not be increased; however, they may be decreased or modified upon final adoption of the budget which is scheduled for June 23, 2008 at a special Council meeting. Once the tentative budget has been adopted, it will be published in the newspaper once a week for at least two consecutive weeks following the adoption.

City Clerk Leija read by title only Resolution No. 4029 4209, adopting the tentative estimates of the amount required for the public expense for the City of Casa Grande for the fiscal year 2008-2009; adopting a tentative budget setting forth the receipts and expenditures, the amounts actually levied and the amounts estimated as collectible for the previous fiscal year and the amount proposed to be raised by direct property taxation for the various purposes; and giving notice of the time for hearing taxpayers for adopting of budget and for fixing the tax levies.

Council Member Miller moved for passage of Resolution No. 4029 4209. Council Member Montoya seconded the motion and the following roll call vote was recorded:

AYES ABSTAIN NAYS
Council Member Montoya
Council Member Kortsen
Council Member Varela
Council Member Miller
Council Member Powell
Mayor Pro Tempore Peterson
Mayor Jackson

Mayor Jackson then declared Resolution No. 4029 4209 passed and adopted.


L. Public Meetings, Public Hearings, Open Record Review, and Closed Record Reviews

L.1 Public Hearing
Resolution No. 3095.80
Amendment to Casa Grande General Plan 2010
Changing the Land Use Designation from Low Density Residential (LDR) High Density Residential (HDR) and Commercial (C) to Regional Commercial (RC) on Property Located at the Southeast Corner of Selma Highway and Interstate 10
(Mountain Shadows DSA-08-00006)

Planning & Development Director Miller highlighted the below information as appeared in his Request for Council Action form.

DSA-08-00006: Request by Jason Corwin, Evolution Engineering, 3875 N. 44th St., Suite 101, Phoenix, Arizona, 85018, for a Major General Plan Amendment from Low Density Residential (LDR), High Density Residential (HDR), and Commercial to Regional Commercial on 93.6 acres m.o.l., referred to as Mountain Shadows, located on the SEC of Selma Highway and Interstate 10 A.K.A. a portion of Section 1, T7S, R6E of the G&SRBM, Pinal County, AZ, APN 511-20-001K, 002A, 002D, 002F.

APPLICANT/OWNER

Jason Corwin
Evolution Engineering
3875 N. 44th St., Suite 101
Phoenix, Arizona, 85018
PHONE: (602) 944-1144
FAX: (602) 977-7747
Email: jcorwin@evolutioneng.com
Mountain Shadows 331, LLC.
Matt Werner
2990 S. Durango Dr.
Las Vegas, NV 89117
PHONE: (702) 658-9800
FAX: (702) 549-2312
Email: matt@vistalandlv.com


RECOMMENDED MOTION

On April 17, 2008, the Planning and Zoning Commission voted 5 – 0 to forward a favorable recommendation of this request to the city council.


HISTORY

May 2, 2005: Mayor and Council passed and adopted Resolution No. 3095.26, Major General Plan Amendment to Casa Grande General Plan 2010 changing the land use designation from Low-Density Residential (LDR) to Low Density Residential (LDR), High-Density Residential (HDR) and Commercial (C).

March 6, 2006: Mayor and Council passed and adopted Resolution No. 3095.38, a Minor General Plan Amendment request to change the land use designation of 20.5 acres of property from Commercial to Medium Density Residential #1 (4-8 DU/AC) for the proposed Mountain Shadows subdivision.

March 20, 2006: Mayor and Council passed and adopted Ordinance No. 1178.264, amending Zoning Ordinance No. 1178 and its subsequent amendments by changing the Zoning from Urban Ranch (UR) to Planned Area Development (PAD) on property located south of Selma Highway and East of Hacienda Road, Casa Grande, Arizona.
Surrounding Land Use and Zoning

Location Zoning Current Uses
North PAD (Planned Area Development) Proposed Nichols Ranch Subdivision
South Urban Ranch Undeveloped
West Urban Ranch Undeveloped
East PAD (Planned Area Development) Proposed Sonoran Ranch Subdivision

Discussion:

The purpose of this request is to seek the approval of a Major Amendment to the City of Casa Grande General Plan 2010 on approximately 93.6 acres located south of Selma Highway and east of Interstate 10. The City’s current General Plan designates the Property as a mix of High Density Residential, Low Density Residential, and Commercial. The property is also located within the Mountain Shadows Planned Area Development. Mountain Shadows 331, L.L.C., is requesting a Major Amendment to the City’s General Plan to change the land use designation to Regional Commercial within the existing Planned Area Development zoning on the parcel.

The Property and the surrounding lands are located in the City limits, and are being used for agriculture. As noted above, the Nichols Ranch Planned Area Development is located to the north of the Property, unsubdivided land is to the east and south, the I-10 and a commercial zoned parcel is to the west, and the Mountain Shadows Planned Area Development is to the south of a portion of the Property.

Conditions for Approval of a Major Amendment to the General Plan:

City Staff has required that the Applicant provide proof that the Major Amendment meets three conditions, which are listed below:

1.) The proposed land use(s) is in conformity with the intent of the General Plan.

The Applicant is proposing a change in the land use designation to Regional Commercial in accordance with Policy 10.2.2 of the City of Casa Grande General Plan 2010. This Policy states, “A Regional Commercial category shall be established on the Land Use Plan. The Regional Commercial category indicates where regional shopping centers may be located. Large Parcels, typically over 100 acres, with convenient access to the Interstate system are required for this type of Land Use.” The Property does not exceed the typical size requirement for a Regional Commercial land use designation, but is located at the intersection of Interstate 10 and Selma Highway. Currently, Selma Highway crosses the I-10 and there are no off or on ramps to connect Selma to the Interstate. The Arizona Department of Transportation (ADOT), however, has designated this location to be developed into a full interchange with on and off ramps both northbound and southbound along the I-10. This interchange is proposed to be built in conjunction with the change of design at the Jimmie Kerr exit, and the I-10 to I-8 interchange revisions. Additionally, this interchange must be built prior to any revision to either of the other locations, due to the reliance on this interchange functioning beforehand.

2.) The subject property is suitable for the proposed land uses in terms of access,
size of parcel, and relationship to similar or related uses.

Staff has found that the Property is suitable for a Regional Commercial land use designation in terms of access, size, and its relationship to similar uses. It is proposed that access to the site will be from the proposed ADOT frontage road and from Selma Highway. This meets the requirements for convenient access to the Interstate system. The Property is approximately 93.6 acres, which does not exceed the typical requirement of 100 acres for a Regional Commercial land use. This is only due to the configuration of the property lines (ownership) and should not be a detriment to its development. Both areas to the west and north of the Property are currently, or proposed to be commercial. This request is in response to ADOT’s indication of the new interchange to be built in this location.

3.) The proposed General Plan Amendment is necessary and proper at this time and will not be detrimental to adjacent properties or residents.

Due to the amendment being necessary and proper at this time the applicant is processing this as a Major General Plan Amendment due to the loss of over 400 dwelling units and the fact that the proposed Regional Commercial is adjacent to proposed Low Density Residential within the Planned Area Development. The Low Density Residential portion is less than half of the project area; the majority being in either Medium Density Residential (27 acres) or High Density Residential (26 acres) on the City’s Land Use Plan. As part of this amendment process, the applicant has developed a preliminary plan with the intent of working with the adjacent land uses so as not to be detrimental to their future development. Adequate screening, vegetation, setbacks, and open space buffers are all options which are proposed to be used to buffer the future commercial development from the existing LDR of Mountain Shadows.

This location, with the new ADOT interchange and the reconfiguration of the interchange of Jimmie Kerr, and the I-10/I-8, will serve both the City and the developer well. It is the applicant’s opinion that the area adjacent to the interchange at Selma and I-10 will be better planned as a commercial site than as residential. This change will also match proposed changes to the Nichols Ranch property to the north. Approval of the Major General Plan Amendment is the first step needed in the development process for the Property. All efforts will be made to keep the adjoining property owners and residents abreast of the proposed development, and address and mitigate any concerns that are presented. In addition, the approval of the Major General Plan Amendment will result in a development that will enhance the quality of life for the residents of Casa Grande, implement the policies of the General Plan, and contribute to the City’s strategic effort towards reasonable and responsible growth management.

Staff has found that:

1. The requested changes are consistent with the overall intent of the 2010 General Plan;
2. The request will have a minimal impact on the City–wide balance and mixture of land uses;
3. The requested changes are suitable in area and compatible with planned or existing surrounding land uses;
4. The planned uses are necessary to facilitate marketable developments and will facilitate the master planning and future zoning of the site and will not be detrimental to adjacent properties or residents;
5. The commercial area is appropriately located adjacent to Interstate 10 and along Selma Highway;
6. The site has adequate access from Selma Highway, a minor arterial, to accommodate all uses;
7. The increase in commercial land use should have a positive economic impact.

Based on the above findings, staff recommends that Council approves DSA-08-00015, subject to the following:

1. Any conditions Council deem necessary.

The fiscal impacts are:

• Typical costs and revenues associated with commercial development.
• Required on-site and off-site improvements to be provided by the project developer.
• City services to be provided to businesses as appropriate and feasible.
• City to be responsible for maintenance of public infrastructure.
• Building permit fees and impact fees are to be accessed to all units at the time of permitting.
• Estimated impact fee revenue is not known at this time.

Mayor Jackson declared a public hearing to allow comments on the matter. There being no comments, Mayor Jackson declared the public hearing closed.

City Attorney Wallace noted that amendment to the Casa Grande General Plan 2010 will require five (5) affirmative votes of the Council.

City Clerk Leija read by title only Resolution No. 3095.80, amending the City of Casa Grande General Plan 2010, adopted by Resolution No. 3095 and subsequent amendments thereto, by changing the land use designation from Low Density Residential (LDR), High Density Residential (HDR) and Commercial (C) to Regional Commercial (RC) on property located at the southeast corner of Selma Highway and Interstate 10, Casa Grande, Arizona.

Mayor Pro Tempore Peterson moved for passage of Resolution No. 3095.80. Council Member Kortsen seconded the motion and the following roll call vote was recorded:


AYES ABSTAIN NAYS
Council Member Montoya
Council Member Kortsen
Council Member Varela
Council Member Miller
Council Member Powell
Mayor Pro Tempore Peterson
Mayor Jackson

Mayor Jackson then declared Resolution No. 3095.80 passed and adopted.

L.2 Public Hearing
Resolution No. 3095.81
Amendment to General Plan 2010
Changing the Land Use Designation from Low Density Residential (LDR), High Density Residential (HDR), Commercial (C) and Public/Semi-Public to Low Density Residential (LDR), High Density Residential (HDR), Commercial (C) , Office/Business Park and Public/Semi-Public on Property Located at the Northwest Corner of Selma Highway and Hacienda Road (Nichols Ranch, DSA-05-00005)

Planning & Development Director Miller highlighted the below information as appeared in his Request for Council Action form.

Request by J. Patrick Murphy, Olsson Associates, 7250 N. 16th St., Ste. 210, Phoenix, AZ 85020 for a Major General Plan Amendment from LDR (1-4 du/ac), HDR (12-16 du/ac), Commercial, & Public/Semi-Public to LDR (1-4 du/ac), HDR (12-16 du/ac), Commercial, Office/Business Park, & Public/Semi-Public on 290.4 acres, m.o.l., located NWC of Selma Highway and Hacienda Road A.K.A. a portion of Section 36, T6S, R6E, G&SRM, Pinal County, Arizona, APN 502-38-003C & 502-38-004A.

Staff recommends the Council approve DSA-08-00005, Major General Plan Amendment for Nichols Ranch, subject to the following condition:

1. Any other conditions the Council deems necessary.


History
July 5, 1989: The site was officially annexed into the city limits of Casa Grande, Ordinance 1280.

September 18, 2000: The City Council approved the zone change from Urban Ranch (UR) to Planned Area Development (PAD) for the subject site, then known as Yost Ranch, adopting Ordinance No. 1178.155 with the effective date of October 18, 2000.

December 5, 2005: The City Council approved a minor amendment to the City General Plan, adopting Resolution No. 3095.33.

December 19, 2005: The City Council approved a major amendment to the Nichols Ranch PAD, adopting Ordinance No. 1178.155.1 with the effective date of January 18, 2006.

April 17, 2006: The City Council approved a major amendment to the City General Plan, adopting Resolution No. 3095.51.

June 1, 2006: The Planning and Zoning Commission approved a preliminary plat for Nichols Ranch, CGPZ-114-06.

March 19, 2007: The City Council approved a major amendment to the Nichols Ranch PAD, adopting Ordinance No. 1178.155.2 with the effective date of April 18, 2007.

Request Overview

Existing General Plan Proposed Amendment
LDR (1-4 du/ac) 224 acres 151 acres
HDR (12-16 du/ac) 17 acres 22 acres
Commercial 16 acres 70 acres
Office/Business Park 0 22 acres
Public/Semi-Public 16 acres 13 acres


Site and Surrounding Area Land Use and Zoning

Direction General Plan Designation Existing Zoning Current Uses
Site LDR, HDR, Com., Public/Semi-Public PAD (Planned Area Development) Undeveloped/Agricultural (Nichols Ranch PAD)
North LDR PAD (Planned Area Development) Single-family Residential (Mission Royale)
South LDR, Com. PAD (Planned Area Development), UR (Urban Ranch) Undeveloped/Agricultural (Mountain Shadows PAD), Single-family Residential
East LDR PAD (Planned Area Development) Undeveloped/Agricultural (Eagle Meadows PAD)
West Office/Business Park, HDR PAD (Planned Area Development) Undeveloped/Agricultural (Vista Estates PAD)

The subject site is located north of Selma Highway between Interstate 10 and Hacienda Road. To the north is the all-ages portion of the Mission Royale development, currently under construction. The current plan for Nichols Ranch calls for local road and trail connectivity between the two developments. This request may restrict some of the local road connectivity near the location of the proposed Office/Business Park and HDR land uses but other connections should be maintained. A total of 76 acres are being requested for a change in land use designation on the City’s General Plan.

The Casa Grande General Plan 2010 states that for an increase of Commercial land use over twenty (20) acres and High Density Residential land use proposed adjacent to Low Density Residential are to be processed as a Major General Plan Amendment. This request includes both such requests.

This Major General Plan Amendment request is outlined as follows:
• An approximate 73 acre decrease in LDR land use
• An approximate 3 acre decrease in Public/Semi-Public
• An approximate 49 acre increase in commercial area
• An approximate 5 acre increase in HDR area
• The addition of an approximately 22 acre Office/Business Park area.

The request consists of two 33+ acre commercial sites (69.7 acres total) at the major roadway intersections and an office/business park, high-density residential, and public/semi-public portion (school) accessed via a collector road that is to serve the entire development. The placement of the office and high-density land uses will create a buffer between the low-density residential components and Interstate-10.

The impetus of this request was the recent decision by ADOT to include a traffic interchange at Selma Highway within their long-term plans which spurred an interest in increasing the development’s commercial area and adding an office component. In order to do so, the applicant is requesting to largely replace LDR portions of the development.

The applicant has also submitted a Major PAD Amendment that reflects the land use changes outlined within this request and is currently under review by City Staff. It is the applicant’s intent to have this request going before Planning and Zoning Commission and City Council for review within the next few months.

Small Area Transportation Study Compliance: The Major GPA complies with the Casa Grande Small Area Transportation Study, approved by City Council July 2007.

Community Services Department Master Plan Compliance: The Major GPA complies with the Community Services Department Master Plan (March 2007).

Public Notification/Comments: Public hearing notification efforts for this request meet and exceed those requirements set out by City Code. They include:
• A notice of time, date, place, and purpose of the public hearing was published in a newspaper of general circulation, published and circulated in the city at least fifteen days prior to the date of the hearing.
• A similar notice was mailed by the applicant at least fifteen days before the day of the hearing to each owner of property situated within two hundred feet of the subject property. The names and addresses of the owners were provided to the City by applicant. An affidavit confirming this mailing was supplied by the applicant.
• A similar notice printed on a sign was posted by the applicant on the subject site. An affidavit confirming this posting was also supplied by the applicant.

Inquiries/Comments: No public inquiries were received by City Staff.

Planning and Zoning Commission Action: On April 17, 2008, the Planning and Zoning Commission voted 5 - 0 to forward a favorable recommendation of this request to the City Council with no conditions.

No specific impact to this request, but when the project is developed the project will have the following fiscal impact:

• Typical costs and revenues associated with residential and commercial development.
• Required on-site and off-site improvements to be provided by the project developer.
• City services to be provided to businesses as appropriate and feasible.
• City to be responsible for maintenance of public infrastructure.
• H.O.A. to maintain all landscaping, including landscaping within adjacent rights-of-way.
• Building permit fees and impact fees are to be accessed to all units at the time of permitting.
• Estimated impact fee revenue is not known at this time.

Discussion

Council Member Powell stated Elementary School and Fire Station sites have been reduced in size. He asked if proposed amount of acreage would be sufficient.

Responding to Council Member Powell, Director Miller stated typically an elementary school site requires 12 acres and public safety facility 3 acres. Therefore, the proposed acreage would be sufficient.

Mayor Jackson declared a public hearing to allow comments on the matter.
There being no comments, Mayor Jackson declared the public hearing closed.

City Clerk Leija read by title only Resolution No. 3095.81, amending the City of Casa Grande General Plan 2010, adopted by Resolution No. 3095 and subsequent amendments thereto, by changing the land use designation from Low Density Residential (LDR) (1-4 DU/AC), High Density Residential (HDR) (12-16 DU/AC), Commercial (C) and Public/Semi-Public to Low Density Residential (LDR) (1-4 DU/AC), High Density Residential (HDR) (12-16 DU/AC), Commercial (C), Office/Business Park and Public/Semi-Public on property located at the northwest corner of Selma Highway and Hacienda Road, Casa Grande, Arizona.

Council Member Varela moved for passage of Resolution No. 3095.81. Council Member Powell seconded the motion and the following roll call vote was recorded:

AYES ABSTAIN NAYS
Council Member Montoya
Council Member Kortsen
Council Member Varela
Council Member Miller
Council Member Powell
Mayor Pro Tempore Peterson
Mayor Jackson

Mayor Jackson then declared Resolution No. 3095.81 passed and adopted.

L.3 Public Hearing
Resolution No. 3095.82
Amendment to Casa Grande General Plan 2010
Changing the Land Use Designation from County General Rural (GR) to City’s Commercial (C) on Property Located South of Val Vista Boulevard and East of Interstate 10 (Nick Bonanno, DSA-08-00015)

Planning & Development Director Miller highlighted the below information as appeared in his Request for Council Action form.

Request by Nicholas W. Bonanno, PO Box 10940-0940, Glendale, AZ 85318, for a Major General Plan Amendment from County General Rural (GR) to City’s Commercial, referred to as Nick Bonanno Site, 80 acres, located south of Val Vista Blvd, east of I-10, A.K.A. a portion of Section 26, T5S, R6E of the G&SRBM, Pinal County, AZ; APN 509-43-003G; 003B; 003E; 003H; 003F; 003C; 003A; 003D. (Major GPA).

APPLICANT/OWNER

Nick Bonanno
PO Box 10940-0940
Glendale, AZ 85318
PHONE: 623-229-4829
FAX: 623-587-4825
Email: cherryridge12@cs.com

RECOMMENDED MOTION

On April 17, 2008, the Planning and Zoning Commission passed motions to send DSA-08-00015 to City Council a favorable recommendation for the Major GPA request with a 5 – 0 vote without conditions.

HISTORY

February 19, 2008: Mayor and Council approved Ordinance #2496 annexing this site into the city limits of Casa Grande and establishing an initial zoning of Urban Ranch (UR).

Zoning and development of surrounding properties are as follow:

Location Zoning Current/Proposed Use
North County’s General Rural (GR) Vacant land, County jurisdiction
South County’s General Rural (GR) Vacant land, County jurisdiction
West City’s Urban Ranch (UR) Vacant land proposed commercial land use
East County’s General Rural (GR) Vacant land

Discussion: The 80 acre-property was annexed into the City limits of Casa Grande as part of the 146 acres annexation on February 19, 2008. The site is located south of Val Vista Blvd. and east of I-10. The property was initially zoned to Urban Ranch (UR) after it was annexed into the City, which was comparable to the previous county zoning (CR-1A) on the property.

The 80-acre site is vacant. The property to the west, just east of I-10 has a land use designation of “Commercial” under the City’s 2010 General Plan, while the subject property is designated as “Rural Residential” under the City’s General Plan 2010.

There is a regional shopping center proposed (part of the Acacia Ranch PAD) on the west side of the interstate and a proposal to study the possibility of an interchange at I-10 to access Val Vista Blvd. An interchange will benefit the subject property and the neighboring sites in terms of access to commercial development.

The owner is requesting to change the land use designation from Rural Residential (RR) to Commercial which requires a major general plan amendment.

In reviewing the land use change for this request, Staff finds that:

1. The proposed land use change is compatible with the adjacent property to the west and has minimal impact on the balance and mixture of commercial land uses in the area;
2. The requested change is suitable in the area being in close to the Interstate 10;
3. The site has direct access onto Val Vista Blvd. which is ideal for future commercial site.
4. The proposal conforms with the intent of the General Plan.
5. The size of the site is large enough to accommodate the proposed land use.

Based on the above findings, staff recommends that Council approves DSA-08-00015, subject to the following:

1. Any conditions Council deem necessary.

The fiscal impacts are:

• Typical costs and revenues associated with commercial development.
• Required on-site and off-site improvements to be provided by the project developer.
• City services to be provided to businesses as appropriate and feasible.
• City to be responsible for maintenance of public infrastructure.
• Building permit fees and impact fees are to be accessed to all units at the time of permitting.
• Estimated impact fee revenue is not known at this time.

Mayor Jackson declared a public hearing to allow comments on the matter. There being no comments, Mayor Jackson declared the public hearing closed.

City Clerk Leija read by title only Resolution No. 3095.82, amending the City of Casa Grande General Plan 2010, adopted by Resolution No. 3095 and subsequent amendments thereto, by changing the land use designation from County General Rural (GR) to City’s Commercial (C) on property located south of Val Vista Boulevard and East of I-10 Interstate, Casa Grande, Arizona.

Mayor Pro Tempore Peterson moved for passage of Resolution No. 3095.82. Council Member Miller seconded the motion and the following roll call vote was recorded:


AYES ABSTAIN NAYS
Council Member Montoya
Council Member Kortsen
Council Member Varela
Council Member Miller
Council Member Powell
Mayor Pro Tempore Peterson
Mayor Jackson

Mayor Jackson then declared Resolution No. 3095.82 passed and adopted.

L.4 Public Hearing
Resolution No. 3095.83
Amendment to Casa Grande General Plan 2010
Changing the Land Use Designation from Low Density Residential (LDR) to High Density Residential (HDR) on Property Located North of Florence Boulevard and West of Hacienda Road
(Casa Grande 20, DSA-08-0009)

Planning & Development Director Miller highlighted the below information as appeared in his Request for Council Action form.

Request by Nick Labadie, Rose Law Group, 6613 N. Scottsdale Road Suite 200, Scottsdale, AZ 85250 for a Major General Plan Amendment from Low Density Residential (LDR) to High Density Residential (HDR) on 20 acres m.o.l., referred to as Casa Grande 20, located north of Florence Boulevard and west of Hacienda Road A.K.A. a portion of Section 24, T6S, R6E of the G&SRBM, Pinal County, AZ, APN 505-24-004E.

RECOMMONDATION: Staff recommends the Council deny DSA-08-0009, the Major General Plan Amendment request for Casa Grande 20.

APPLICANT/OWNER

Nick Labadie
Rose Law Group
6613 N. Scottsdale, Road, Suite 200
Scottsdale, AZ 85250
PHONE: 480-505-3938
FAX: 480-505-3925
Email: nal@roselawgroup.com Mike Bishop
Hacienda 20, L.L.C.
6924 E. Paradise Drive
Scottsdale, AZ 85254
PHONE: 480-998-5944
FAX:
Email: wmbishop@cox.net


HISTORY

December 17, 2007: Mayor and Council approved Ordinance #2488 annexing this site into the city limits of Casa Grande.

Surrounding Land Use and Zoning

Location Zoning Current/Proposed Use
North Planned Area Development (PAD) Proposed uses of the Overfield Farms PAD (office/business park and medium density residential#1)
South Planned Area Development (PAD), Urban Ranch (UR) Casa Grande Regional Shopping Center PAD, Single-family residence
West Urban Ranch (UR) Single-family residence
East Urban Ranch (UR) Vacant agricultural land

The 20-acre site is undeveloped and adjacent to two residential properties which are located on the west and a portion of the south sides of the subject site. The property was annexed into the City limits of Casa Grande with the Overfield Farms annexation on December 17, 2007. The property was rezoned to Urban Ranch (UR), which was comparable to the previous county zoning on the property.

As shown on the land use plan sheet C1, the General Plan identifies the property as low density residential 1-4 du/ac.

The 2010 General Plan states that a change in land use from Low Density Residential (LDR) to High Density Residential (HDR) requires a Major General Plan Amendment. The applicant is requesting the major general plan amendment to allow for future development of a multi-family residential project (apartments) at this site.

Policy 1.1.7 of the General Plan states that: A High Density Residential density Residential (HDR) category shall be established on the Land Use Plan. The density standard for this category shall range up to, but not exceed 16.0 DU/AC with a target density of 14.0 DU/AC. The HDR product shall be characterized as condominiums, townhomes, or apartments with integrated parks and/or open space. Appropriate locations of HDR uses include where there are planned community facilities (i.e., schools, open space, parks, and recreation facilities), major vehicular circulation system access appropriately-sized utilities, support commercial services and employment uses are easily accessible and where adjacent development is compatible.

During the pre-application meetings with the applicant, City Staff unveiled their opposition in regards to the major general plan amendment request. Prior to this request the city discouraged an applicant with a similar intent to change the land use to high density residential in this area, which was strongly opposed by adjacent residents. At this time, Staff feels that this is not an acceptable land use. In the future, depending upon how the area develops it may become an acceptable land use or other transitional land uses may be appropriate.

City Staff has encouraged the applicant to contact the neighboring property owners to discuss the major amendment. The attached letters were submitted from the applicant stating their request to schedule a meeting with property owners; however the applicant has not been successful.

In reviewing the land use change for this request, Staff finds that:

1. Although the request will have minimal impact on the balance and mixture of high density residential land uses, it is not a suitable location for apartments.
2. The requested change is not suitable in the area with the existing and surrounding land uses; proposed use is incompatible with the immediate surrounding uses.
3. Major vehicular circulation system access into this site is lacking. This site is approximately 1800’ feet north of Florence Boulevard, a principal arterial.
4. There are no appropriately-sized utilities at this site.
5. The Overfield Farms PAD is located north and east of this site. There are 120 acres planned for future multi-family residential uses within the PAD.
6. The property owners adjacent to this site are opposed to this request. See attached letters from Cindy Compton, Connie Merrell and Shane & Brett Doughty.

On April 17, 2008, the Planning and Zoning Commission voted 3 - 2 to forward an unfavorable recommendation of this request to the City Council.

No specific fiscal impact, but when the project is developed the project will have the following fiscal impact:

• Typical costs and revenues associated with multi-family residential development.
• Required on-site and off-site improvements to be provided by the project developer.
• City services to be provided to businesses as appropriate and feasible.
• City to be responsible for maintenance of public infrastructure.
• H.O.A. to maintain all landscaping, including landscaping within adjacent rights-of-way.
• Building permit fees and impact fees are to be accessed to all units at the time of permitting.

Mayor Jackson declared a public hearing to allow comments on the matter.

Court Rich of Rose Law Group, representing the applicants, Mike and Shawn Bishop, offered the below information:

The applications are not a large company. They are working on this small project. They purchased the property, because knew the Mall was going to be build. The current land use designation of low density residential is not appropriate for the property. This is why the applicant is requesting an amendment to high density residential. Mr. Rich noted that if Council does not consider this request, then the Council will not be planning for the future.

Mr. Rich offered a power point presentation, which include information on the following:

 The neighbors surrounding the property site: 1) Refused to meet for more than 6 months; 2) Comptons refused to answer questions or engage in dialogue when they met. 3) Owners are committed to working with the neighbors every step of the way. 4) All the issues identified by the neighbors can be easily solved.
 The alleged “Agreement” - Some have claimed there is an agreement between the neighbors and the City that requires large lot residential on this property. Mr. Rich noted that he is not aware of any legal written agreement on this issue.
 The owners/developers are ready to start developing at this location.
 Overview of existing businesses in the area.
 Overview of existing areas designated as high density residential (HRD)


Cindy Compton, 1247 E. Hacienda Road, expressed her opposition to the proposed major general plan amendment. She offered the below:

 Believes right now is not the right time to allow the amendment from low density residential to high density residential.
 Apartments and farms will not work together.
 The owners knew what the existing land use designation was when the purchased the property.
 When Council approved the Promenade Mall, it’s was her understanding they would be allowed to continue their rural life style.

Connie Merrell, 1101 N. Hacienda, expressed her opposition to the proposed major general plan amendment. She offered the below:

 In reference to Mr. Rich’s comments that the surrounding property owners would not meet with them, she conveyed that a year ago someone came by her house asking her if the family was interested in selling their property. The family replied that there was no interest in selling. After this incident, someone approached her shortly after she had surgery about having a meeting, and she told them she was willing to met, but never heard from them again.
 Her family moved to the community 39 years ago from the Glendale area, because they wanted to live in a rural community.
 She recognizes that someday it will be necessary to change the land use designation, but right now is not the right time.

Mr. Mike Bishop voiced that his son, Shawn, and himself are the owners. They are not big business people. They have thought the process of building the proposed apartments. He noted that this is a good opportunity for the community and the regional mall. In other developments, they have established good relations with their neighbors and it was their intent to have good relations to the surrounding neighbors in this projects. He respects the existing farmers’ rights, but also wants them to respect his right to develop his property.

Mr. Bishop offered the below alternative:

 Remove ten (10) acres, between his property and the Comptons, which would create a buffer zone between the properties. He would like to communicate with the Farmers to see if something could be worked out.

Council Member Kortsen voiced that Mr. Bishop knew about the existing farming going now. Therefore, she doesn’t understand dhow he thought that farming would mix with his proposed project (apartments).

There being no comments, Mayor Jackson declared the public hearing closed.

Discussion

Council Member Powell voiced that he has mixed feelings about the expectations from developers wanting to change areas to meet their needs. He voiced that he feels bad that the existing farmers are being asked to change their life style for someone’s development.

Further, Council Member Powell voiced that he was present at the meeting where staff, himself, and the farm owners meet to discuss the Promenade Mall. When discussion took place on this specific land, the owners were told that it was designated as low density. They supported the mall at the time, because it would be better for the community. The farmers did not expect that the developer of this site would want to change the land use designation.

Additionally, Council Member Powell stated that the Bishops are good people, but their development is not right for this location. They have mentioned other locations that have mixed uses, e.g., Biltmore, etc. Some of these developments have worked. However, the City of Casa Grande is not Scottsdale or Phoenix. It’s important to keep some of the rural and small town feel in Casa Grande. The community does not want everyone in the same spot. The low density in this area allows for blending. He strongly believes that Council should vote no on this major general plan request.

Mayor Pro Tempore Peterson asked if the decision on this request needed to be made tonight.

City Attorney Wallace reported that the statues stated that one time a year, Council should consider major general plan amendment. However, there is some dispute on whether Council needs to act on the requests in one evening, or only hold the public hearings. If Council wishes to continue this item, then there will be the argument that the public hearing was held.

Mayor Pro Tempore Peterson voiced that continuing this item might allow the developer and farmers to consider other options, e.g., remove the ten acres from the request, as proposed by Mr. Bishop.

Council Member Varela voiced that he concurs with Council Member Powell. He voiced that approving this request would go against the City’s desire to keep more rural living in the community.

Responding to Mayor Jackson, City Attorney Wallace voiced that the Council has the opportunity to reduce the amount of the site requested for the major general plan amendment.

In response to Mayor Jackson, Director Miller voiced that currently the City is going through the major general plan update process, which will be ratified through voice of the people within the next year. The opportunity does exist for property owners throughout the planning area boundaries to participate in the planning process and to share their thoughts and ideas on how the plan should evolve. Staff is encouraging the participation from everyone.

Mayor Jackson asked if Council were to approve the major general plan request tonight, would this action provide a vehicle for them to get a favorable rezone for the property.

City Attorney Wallace voiced that he cannot speak for the Planning & Zoning Commission, as to what message this action would send. Obviously, in many of these cases, when the major general plan amendment is approved, then what falls next is the zoning request. The Council minutes could be forwarded/attached to future zoning requests. He noted that any zoning issue on this property would come back before Council, and all public notices would be followed. At this time, Council could consider the appropriate zoning.

Council Member Kortsen noted that the Planning & Zoning Commission voted 3-2 to forward an unfavorable recommendation. She applauds Mayor Pro Tempore Peterson desire to find a compromise and/or consider other options. However, because this issue has to do with philosophy, she does not believe it would be beneficial to allow more time to consider this issue, nor would it be fair to the developer.

City Clerk Leija read by title only Resolution No. 3095.83, amending the City of Casa Grande General Plan 2010, adopted by resolution no. 3095 and subsequent amendments thereto, by changing the land use designation from Low Density Residential (LDR) to High Density Residential (HDR) on property located north of Florence Boulevard and west of Hacienda Road, Casa Grande, Arizona.

Mayor Pro Tempore Peterson moved for passage of Resolution No. 3095.83. Council Member Miller seconded the motion and the following roll call vote was recorded:

AYES ABSTAIN NAYS
Mayor Pro Tempore Peterson Council Member Montoya
Council Member Kortsen
Council Member Varela
Council Member Miller
Council Member Powell
Mayor Jackson

Mayor Jackson then declared Resolution No. 3095.83 failed.

L.5 Public Hearing
Resolution No. 3095.84
Amendment to Casa Grande General Plan 2010
Changing the Land Use Designation from Rural Residential (RR) to Low Density Residential (LDR), Medium Density Residential (MDR) and Commercial (C) on Property Located at the Southwest Corner of Hanna and Trekell Roads (Mira Vista, DSA-08-00008)

Planning & Development Director Miller highlighted the below information as appeared in his Request for Council Action form.

Request by Rob Longacker, The WLB Group, 4444 E. Broadway Blvd., Tucson, AZ 85711, for a Major General Plan Amendment from RR (0-1 du/ac) to LDR (1-4 du/ac), MDR 1 (4-8 du/ac), & Commercial on 483 acres, m.o.l., located the SWC of Hanna and Trekell Roads A.K.A. a portion of Section 17, T7S, R6E, G&SRM, Pinal County, Arizona, APN’s 511-19-007A, 007D, 007E, 007F, & 007G.

Staff recommends the Council deny DSA-08-00008, Major General Plan Amendment for Mira Vista.

Request Overview
Existing General Plan Proposed Amendment
Area (acres) Area (acres) Percentage
RR (0-1 du/ac) 483 0 0.00
LDR (1-4 du/ac) 0 365 75.6
MDR 1 (4-8 du/ac) 0 95 19.7
Commercial 0 23 4.7

Site and Surrounding Area Land Use and Zoning

Direction General Plan Designation Existing Zoning Current Uses
Site RR General Rural (Pinal County) Undeveloped/Agricultural
North LDR, RR General Rural (Pinal County) Single-family Residential (Unincorporated Pinal)
South RR General Rural (Pinal County) Undeveloped, Single-family Residential (Unincorporated Pinal)
East RR General Rural (Pinal County) Undeveloped/Agricultural
West RR General Rural (Pinal County) Undeveloped/Agricultural

The subject site is located at the southwest corner of Hanna and Trekell Roads. The proposed changes contemplate a 483 acre development consisting largely of single-family residential with smaller medium-density residential and commercial portions near the corner of Hanna and Trekell Roads.

The Casa Grande General Plan 2010 states that for an increase of over residential dwelling units, an increase of Commercial land use over twenty (20) acres, and Medium Density Residential One (1) land use proposed adjacent to Rural Residential are to be processed as a Major General Plan Amendment. This request includes such requests.

This Major General Plan Amendment request is outlined as follows:
• An approximate 483 acre decrease in Rural Ranch land use
• The addition of approximately 365 acres of Low Density Residential land use
• The addition of approximately 95 acres of Medium Density Residential One (1) land use
• The addition of approximately 23 acres of Commercial land use

Since submitting the Major General Plan Amendment request, the applicant has submitted a request for a Zone Change to PAD that reflects the land uses depicted within the proposed amendment.

The project area is not currently within the City’s incorporated limits and Staff does not believe that the proposed project’s development is imminent; therefore Staff is recommending denial of the request.

Small Area Transportation Study Compliance: The Major GPA complies with the Casa Grande Small Area Transportation Study, approved by City Council July 2007.

Community Services Department Master Plan Compliance: The Major GPA complies with the Community Services Department Master Plan (March 2007).

Public Notification/Comments: Public hearing notification efforts for this request meet and exceed those requirements set out by City Code. They include:
• A notice of time, date, place, and purpose of the public hearing was published in a newspaper of general circulation, published and circulated in the city at least fifteen days prior to the date of the hearing.
• A similar notice was mailed by the applicant at least fifteen days before the day of the hearing to each owner of property situated within two hundred feet of the subject property. The names and addresses of the owners were provided to the City by applicant. An affidavit confirming this mailing was supplied by the applicant.
• A similar notice printed on a sign was posted by the applicant on the subject site. An affidavit confirming this posting was also supplied by the applicant.

Inquiries/Comments: No public inquiries were received by City Staff.

On April 17, 2008, the Planning and Zoning Commission voted 3 - 2 to forward an unfavorable recommendation of this request to the City Council.

When the project is developed the project will have the following fiscal impact:

• Typical costs and revenues associated with residential and commercial development.
• Required on-site and off-site improvements to be provided by the project developer.
• City services to be provided to businesses as appropriate and feasible.
• City to be responsible for maintenance of public infrastructure.
• Home Owners Association (HOA) to maintain all landscaping, including landscaping within adjacent rights-of-way.
• Building permit fees and impact fees are to be accessed to all units at the time of permitting.
• Estimated impact fee revenue is not known at this time.

Mayor Jackson declared a public hearing to allow comments on the matter.

Jordan Rose, Rose Law Group, representing the applicant offered a power point presentation, which included the below:

 Owners have owned the property for 23 years. Their 60 acres are located next to Chu Chu Road. Their plans are to keep the area rural.
 The owner plans to create large lot acres with common arena for horses.
 The development will include a 10 acre equestrian facility, which will include roping arena, barrel arena, practice arena, pasture, and pocket park.

Vern Haugen, owner, voiced that he believes his project is different and can sell in the community.

There being no further comments, Mayor Jackson declared the public hearing closed.

City Clerk Leija read by title only Resolution No. 3095.84, amending the City of Casa Grande General Plan 2010, adopted by resolution no. 3095 and subsequent amendments thereto, by changing the land use designation from Rural Residential (RR) (0-1 DU/AC) to Low Density Residential (LDR) (1-4 DU/AC) and Commercial (C) on property located at the southwest corner of Hanna and Trekell Roads, Casa Grande, Arizona.

Council Member Powell moved for passage of Resolution No. 3095.84. Council Member Montoya seconded the motion.

Council Member Powell moved to amend Resolution No. 3095.84 as follows:

 Amend acres from 483 to 423 subject to the general plan amendment.
 Replace Exhibit “A” attached to the Resolution and entitled Land Use Site Plan Exhibit.

Council Member Kortsen seconded the motion and the following roll call vote was recorded:


AYES ABSTAIN NAYS
Council Member Montoya
Council Member Kortsen
Council Member Varela
Council Member Miller
Council Member Powell
Mayor Pro Tempore Peterson
Mayor Jackson

Mayor Jackson called for the vote on the Resolution 3095.84, as amended:

AYES ABSTAIN NAYS
Council Member Montoya
Council Member Kortsen
Council Member Varela
Council Member Miller
Council Member Powell
Mayor Pro Tempore Peterson
Mayor Jackson

Mayor Jackson then declared Resolution No. 3095.84 passed and adopted.

L.6 Public Hearing
Resolution No. 3095.85
Amendment to Casa Grande General Plan 2010
the Planning Boundary

Planning & Development Director Miller highlighted the below information as appeared in his Request for Council Action form.

Request by City of Casa Grande, 510 E. Florence Blvd., Casa Grande, AZ 85222, for a Major General Plan Amendment to update the City’s Planning Boundary. (Major GPA)

APPLICANT/OWNER

Leila A. DeMaree, Senior Planner
City of Casa Grande
510 E. Florence Blvd.
Casa Grande, AZ 85222 City of Casa Grande
510 E. Florence Blvd.
Casa Grande, AZ 85222

RECOMMENDED MOTION

Move to approve DSA-08-00017.

HISTORY

2001: Mayor and Council approved the General Plan 2010 under Resolution # 3095 which updated the City’s planning boundary as shown on Exhibit # 2.

2005: Mayor and Council amended Resolution # 3095 to Resolution # 3095.29 to extend the City’s planning boundary areas as shown on Exhibit # 3.

On April 17, 2008 the Planning and Zoning Commission passed motions to send to City Council a favorable recommendation for DSA-08-00017, Major GPA request with a 5 – 0 votes.

The City’s General Plan 2010 was adopted and approved by the citizens in 2001 with approximately 204 sq. miles of planning boundary. The incorporated area in 2001 consisted of about 53 sq. miles and the City had over 25,000 populations.
Following the adoption of the General Plan 2010 in 2001, Mayor and Council approved Resolution # 3095.29, which amended the General Plan 2010 and expanded the City’s planning boundary and bringing the total planning area from 204 sq. miles to about 260 sq. mile as shown on Exhibit #3.

Casa Grande has experienced significant growth over the past seven (7) years. As of 2008, the City’s population is estimated to have increased to over 44,000 (a 76% increase). Casa Grande has also processed numerous annexation requests, and expanded its incorporated area from 53 sq. miles (2001) to 99 sq. miles (2008), (an 86.79% increase). The planning boundary also increased from 204 sq. miles to about 270 sq. miles (an increase of 32.35% from 2001 or 3.85% from 2005) as shown on the Exhibit # 1.

The recent expansion of the planning boundaries occurs at the northeast part of the City planning area towards Coolidge planning jurisdiction. In addition, the cities of Casa Grande and Eloy recently agreed to redraw the planning boundaries that resulted to both Cities having joint planning jurisdictions on some portions to the southeast planning boundaries, as well as having defined areas for each local government agency as shown on the map Exhibit #1.

The planning boundary increase to the northeast resulted from the recent Overfield Farms Annexation. City of Coolidge Staff and Elected Officials were contacted by property owners of their intent.

As part of a “housekeeping” effort, Staff finds that:

1. The update is necessary to reflect current planning boundaries on all jurisdictions.
2. It is an essential and relevant effort in preparation of the City’s General Plan Update 2020.

Based on the above findings, staff recommends that the Council approves DSA-08-00017.

Mayor Jackson declared a public hearing to allow comments on the matter. There being no comments, Mayor Jackson declared the public hearing closed.

City Clerk Leija read by title only Resolution No. 3095.85, amending the City of Casa Grande General Plan 2010, adopted by Resolution No. 3095 and subsequent amendments thereto, by amending the Planning Boundary of the 2010 General Plan.

Council Member Varela moved for passage of Resolution No. 3095.85. Council Member Montoya seconded the motion and the following roll call vote was recorded:

AYES ABSTAIN NAYS
Council Member Montoya
Council Member Kortsen
Council Member Varela
Council Member Miller
Council Member Powell
Mayor Pro Tempore Peterson
Mayor Jackson

Mayor Jackson then declared Resolution No. 3095.85 passed and adopted.


K.4 Mayor Pro Tempore Election and Swearing-in

City Clerk Leija recommended that Mayor and Council elect a Mayor Pro Tempore to serve a one-year term (6/2008 – 6/2009).

City Clerk Leija reported that Ordinance No. 681, states in part “At the same meeting at which the new Council Members take office, the Council shall choose one of its members to serve as Mayor Pro Tempore for a one year term. At the completion of the one-year term of Mayor Pro Tempore, the Council shall choose one of its members to serve the next one-year term as Mayor Pro Tempore. The Council shall not select a Mayor Pro Tempore to serve two consecutive terms as Mayor Pro Tempore. The Mayor Pro Tempore shall perform the duties of the Mayor during the absence or disability of the Mayor.”

Mayor Jackson called for nominations for Mayor Pro Tempore.

Mayor Pro Tempore Peterson moved to nominate Council Member Powell to serve as Mayor Pro Tempore for a 1-year term expiring June 1, 2009. Council Member Kortsen seconded the motion.

Mayor Jackson called for further nominations. With no further nominations being offered, Mayor Jackson declared Council Member Powell elected Mayor Pro Tempore by acclamation.

City Clerk Leija administered the Loyalty Oath of Office to Council Member Powell, as Mayor Pro Tempore.

M. Executive Session:

Council Member Kortsen moved to hold an executive session for the below:

ARS § 38-431.03

A. Upon a public majority vote of the members constituting a quorum, a public body may hold an executive session but only for the following purposes:

3. Discussion or consultation for legal advice with the attorney or attorneys of the public body.


4. Discussion or consultation with the attorney’s of the public body in order to consider its position and instruct its attorney’s regarding the public body’s position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation.

 AGREEMENT WITH CASA GRANDE MOUNTAIN RANCH
 DEVELOPMENT AGREEMENT FOR PROPERTY LOCATED AT 313 W. 2ND STREET

7. Discussion or consultation with designated representatives of the public body in order to consider its position and instruction it representatives regarding negotiations for the purchase or lease of real property.

 ACQUISITION OF PROPERTY

The motion was seconded by Council Member Powell and carried with a 7-0 voice vote.

N. Reports: None

O.
Adjournment:

There being no further business at this time, the meeting was adjourned at approximately 10:30 p.m.



______________________
Robert Jackson
Mayor

ATTEST:



__________________
Gloria Leija, MMC
City Clerk


CERTIFICATION

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of Casa Grande, Arizona held on the 2nd day of June 2008. I further certify that the meeting was duly called and held and that a quorum was present.

Dated this 16th day of June 2008



_______________________
Gloria Leija, MMC
City Clerk