Mayor and Council Agendas for
August 3 Regular Meeting
and
August 4 Study Session

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Harold Easley, Gateway to Glory Apostolic Church

PLEDGE OF ALLEGIANCE - Mayor and Council, Staff and Public in Attendance

PRESENTATIONS:

(a) Proclamation - proclaiming the month of August and the day of August 20th as the time to observe the 223rd Anniversary of the City's founding

3. CONSENT AGENDA - ITEMS A THROUGH U

FOR A COMPLETE DESCRIPTION OF ITEMS

SEE THE CONSENT AGENDA

Matters listed under the Consent Agenda are considered to be routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired by members of the governing body, that item will be removed from the Consent Agenda and will be considered separately.

A liquor license application will automatically be removed from the Consent Agenda and considered as a separate item by the Mayor and Council if either of the following occurs: A protest against a liquor license application has been received by the City Clerk; OR, A City staff report recommends denial of a liquor license application.

4. TELECOMMUNICATIONS: ISSUANCE OF A NON-EXCLUSIVE RIGHT-OF-WAY LICENSE TO IXC CARRIER, INC., A NEVADA CORPORATION

(a) Report from City Manager AUG3-98-403 CITY WIDE

(b) Ordinance No. 9092 relating to interstate telecommunications, authorizing the issuance of a non-exclusive right-of-way license pursuant to Tucson Code §7B-36 to IXC Carrier, Inc., a Nevada Corporation.

5. REAL PROPERTY: VACATION AND CONVEYANCE OF EIGHTH AVENUE RIGHT-OF-WAY BETWEEN 40TH STREET AND I-10 TO THE PRIMAVERA FOUNDATION

(a) Report from City Manager AUG3-98-405 WV

(b) Ordinance No. 9094 relating to real property; vacating and declaring certain City property to be surplus property, and authorizing the conveyance thereof to the Primavera Foundation.

6. BOARDS, COMMISSIONS AND COMMITTEES: SUNSETTING OF THE TUCSON ENVIRONMENTAL COUNCIL AND THE CITIZENS' LANDFILL OVERSIGHT COMMITTEE

(a) Report from City Manager AUG3-98-410 CITY WIDE

7. WATER: NOTICE OF INTENT TO REVISE SOUTHEAST AND SOUTHWEST AREA WATER DEVELOPMENT FEES

(a) Report from City Manager AUG3-98-416 WIV, WV & OUTSIDE CITY

(b) Resolution No. 18091 relating to water; authorizing the adoption of a notice of intention to increase certain water rate components and fees.

(c) In addition to adoption of Resolution No. 18091, the City Manager recommends that the Mayor and Council:

1. Direct staff to file the revised Southeast and Southwest Area Plans in the City Clerk's Office.

2. Set September 14, 1998, as the date for a public hearing on the proposed revised Southeast and Southwest Area Specific Water Fees.

8. PUBLIC IMPROVEMENT: SILVERLAKE ROAD, MISSION ROAD TO INTERSTATE 10 DISTRICT PAVING IMPROVEMENT

(a) Report from City Manager AUG3-98-419 WI

(b) Declaration of bids received by the City Clerk on July 14, 1998. Recommendation for award of contract provided by the Superintendent of Streets.

(c) Award of Construction Contract to Borderland Construction Company.

9. REAL PROPERTY: ACQUISITION OF PROPERTY ALONG RUNWAY DRIVE, NORTH OF PRINCE ROAD FOR THE SUN TRAN BUS STORAGE AND MAINTENANCE FACILITY

(a) Report from City Manager AUG3-98-438 WI

(b) Resolution No. 18099 relating to real property; authorizing the City Manager to acquire by negotiation, and the City Attorney to condemn if necessary, certain real property.

10. DEVELOPMENT SERVICES: RENEWAL OF THE INFILL FEE WAIVER PROGRAM FOR FISCAL YEAR 1998-1999

(a) Report from City Manager AUG3-98-446 CITY WIDE

(b) Ordinance No. 9106 relating to residential infill development; providing for the waiver of certain development related fees for residential infill development.

11. INITIATIVE PETITION NO. 1998-I001: PROPOSED AMENDMENT TO CHAPTER XVI, SECTION 9 OF THE TUCSON CHARTER RELATING TO THE MANNER IN WHICH COUNCIL MEMBERS ARE ELECTED

(a) Report from City Manager AUG3-98-449 CITY WIDE

12. ZONING: (C9-89-20) ESTES - VALENCIA ROAD, PAD 3, O-3 TO C-1 (NORTHWEST CORNER OF VALENCIA ROAD AND COMMERCE COURT ROAD), PARTIAL ORDINANCE ADOPTION

(a) Report from City Manager AUG3-98-423 WI

(b) Ordinance No. 9096 relating to zoning: Amending zoning district boundaries in the vicinity of the northwest corner of Valencia Road and Commerce Court Road in rezoning case C9-89-20 Estes - Valencia Road, O-3 to C-1.

The City Manager recommends that the subject ordinance be adopted.

One (1) written approval and zero (0) written protests were received for this case.

A simple majority vote will be necessary to adopt the subject ordinance.

13. ZONING: (C9-97-20) CSC FINANCIAL SERVICE TR 7606 - KOLB ROAD, RX-1 TO R-2 (NORTHWEST CORNER OF KOLB ROAD AND ESCALANTE ROAD)

(a) Report from City Manager AUG3-98-424 WIV

(b) Ordinance No. 9097 relating to zoning: Amending zoning district boundaries in the vicinity of the northwest corner of Kolb Road and Escalante Road in case C9-97-20 CSC Financial Service TR 7606 - Kolb Road, RX-1 to R-2.

The City Manager recommends that the subject ordinance be adopted.

Fifteen (15) written approvals and nine (9) written protests were received for this case. Five of the protests were located within the 150-foot notification area. These protests represent a 16.57 percent protest by area to the north, a 2.36 percent protest by area to the east, a 6.32 percent protest by area to the west and a 0 percent protest to the south.

A simple majority vote will be necessary to adopt the subject ordinance.

14. ZONING: (C9-98-07) COOKE - CRAYCROFT ROAD, SR TO R-1 (FT. LOWELL HISTORIC DISTRICT)

(a) Report from City Manager AUG3-98-427 WII

(b) Report from Zoning Examiner dated July 6, 1998

(c) Request to rezone approximately 8.84 acres from SR to R-1 zoning. The rezoning site is located on the west side of Craycroft Road approximately 700 to 1,122 feet north of Ft. Lowell Road and immediately south of St. Gregory Preparatory High School. Applicant: Planners Ink, on behalf of the property owners, Santa Lucia Investment, LLC. The preliminary development plan is for 18 single-family one-story residences for a density of 2.04 units per acre. The maximum building height is indicated as being in compliance with the Old Fort Lowell Historic District development guidelines at one-story and 18 feet. The site currently contains one single-family residence which will remain as one of the eighteen total residences. The Planning Department recommends approval of R-1 zoning and adoption of the ordinance presented, subject to certain conditions. The Zoning Examiner recommends approval of R-1 zoning, subject to certain conditions. The City Manager recommends approval of R-1 zoning and adoption of the proposed ordinance, subject to the following conditions.

1. A subdivision plat, in substantial compliance with the Preliminary Development Plan "C" dated June 1998, the Environmental Resource Report, and the Memorandum of Understanding dated June 18, 1998, is to be submitted and approved in accordance with Section 4.1.1. of the LUC, including, but not limited to:

a. A maximum of one roadway crossing through the bosque and over the Corbett Irrigation Ditch.

b. All new utilities shall be placed underground.

c. A public trail easement shall be provided on the north boundary of the project in a location described in the Memorandum of Understanding.

2. All new construction shall be in compliance with the Old Fort Lowell Historic District development guidelines.

3. The owner/developer shall dedicate right-of-way for Craycroft Road per the Major Streets and Routes Plan.

4. A drainage report shall be submitted and approved.

5. The area within a 40 to 180-foot-wide corridor, which includes the Corbett Irrigation Ditch and adjacent healthy vegetation, shall be designated as a "preservation area" in which vegetation and land form are to be preserved. The "preservation area" and the Corbett Irrigation Ditch shall be designated in a surveyable fashion on the plat and addressed in the CC&Rs.

6. Any abandoned or unnecessary crossings of the "preservation area" (including current crossings of Corbett Irrigation Ditch and unused portions of the access easement along the north property line) shall be revegetated with native plants of types found in the immediate vicinity.

7. Houses, pads, roads, and other structures shall be sited as to minimize disturbance to viable protected native plants, and disturbed areas other than individual yards shall be revegetated with native plants of types found in the immediate vicinity.

8. Any outdoor lighting shall be shielded and directed away from neighboring residences.

9. Additional archeological investigation shall be performed as recommended in the report contained in the ERR. Archeological or cultural remains encountered during construction shall be mitigated in accordance with guidelines provided by the Arizona State Museum. Provide a note on the plat and include in the CC&Rs that the Arizona State Museum shall be promptly contacted if any archeological or cultural remains are uncovered.

10. Any required or proposed masonry screen walls shall be of historically appropriate materials and treated or painted with graffiti-resistant materials.

11. The U. S. Fish and Wildlife Service (USFWS) guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.

12. "Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department.

13. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.

14. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.

(d) Ordinance No. 9098 relating to zoning: Amending zoning district boundaries in the vicinity of the west side of Craycroft Road approximately 700 to 1,122 feet north of Fort Lowell Road in case C9-98-07 Cooke - Craycroft Road, SR to R-1 in the Fort Lowell Historic District.

Five (5) written approvals and forty-one (41) written protests have been received. Five (5) of the protests are located within the 150-foot notification area and results in a 1.0 percent protest by area to the north, 12.8 percent to the south, 89.0 percent to the east, and 0.0 percent to the west. Four of the five protests are from the San Miguel Townhomes and were protesting the original location of the driveway. This issue was remedied to the satisfaction of the San Miguel homeowners, but withdrawals of the protests had not been received by the time of this communication.

A 3/4 majority vote of the Mayor and Council will be necessary at this time to adopt the subject ordinance rezoning the subject property, should Mayor and Council choose to do so.

15. ZONING: (C9-98-09) BRACAMONTE - ALVERNON WAY, R-2 TO O-2

(a) Report from City Manager AUG3-98-428 WIII

(b) Report from Zoning Examiner dated June 12, 1998

(c) Request to rezone approximately 1.75 acres from R-2 to O-2 zoning. The rezoning site is located on the southeast corner of Alvernon Way and Glenn Street. Applicant: The Planning Center, on behalf of the property owners, Manny Gardea and Tammy Bracamonte. The preliminary development plan is for a 16,650 square-foot one-story medical office building with a maximum height of 24 feet. The Planning Department and Zoning Examiner recommend approval of O-2 zoning, subject to certain conditions. The City manager recommends approval of O-2 zoning, subject to the following conditions:

1. A development plan, in substantial compliance with the preliminary development plan is to be submitted and approved in accordance with Section 5.3.8 of the LUC, including, but not limited to:

a. A maximum building height of twenty (20) feet above finished floor elevation.

b. Building colors to be predominantly earthtone with brighter colors permitted only as accent.

c. Architectural style to be consistent with the preliminary elevation plans provided as part of the preliminary development plan.

d. Dumpster to be located within a six (6)-foot-high masonry enclosure with a five (5)-foot-wide landscaped buffer between the dumpster enclosure and the alley which runs along the east and south property lines.

e. Loading zones to be located a minimum fifty (50) feet from the east and south property lines.

f. A minimum of fifteen (15) canopy trees to be evenly distributed along the south and east property lines.

2. Signage for this development shall be limited to a maximum of one (1) freestanding sign per street frontage with a maximum of two (2) faces per sign, a maximum of 30 square feet per sign face, and a maximum sign height of eight (8) feet. Freestanding signage shall be designed of the same materials and colors as the building and shall be integrated into the landscape buffer area.

3. The owner/developer shall provide an unobstructed pedestrian connection from the existing bus shelter to the entrance of the proposed facility.

4. A drainage report shall be submitted and approved, including details of retention/detention.

5. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. Those screen walls visible from the public right-of-way shall incorporate one of the following decorative materials: (a) tile, (b) stone, (c) brick, (d) textured brick/block, (e) a coarse-textured material such as stucco or plaster, or (f) a combination of the above materials. In addition, any continuous wall greater than 75 feet in length and 3 feet in height shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

6. All lighting shall be directed down and away from adjacent residential properties.

7. "Safe by Design" concepts shall be incorporated in the development plan for review by the Tucson Police Department.

8. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.

9. Five years to comply with all Code requirements and conditions of rezoning.

Eight (8) written approvals and one (1) written protest have been received. The protest is not located within the 150-foot notification area. This results in a zero (0) percent protest by area to the north, south, west and east.

A simple majority vote of the Mayor and Council will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.

16. ZONING: (C9-97-07) BROADWAY/HARRISON LLC - BROADWAY BOULEVARD, SR TO R-1 (NORTH SIDE OF BROADWAY BOULEVARD, APPROXIMATELY 300 FEET WEST OF HARRISON ROAD)

(a) Report from City Manager AUG3-98-432 WII

(b) Ordinance No. 9100 relating to zoning: Amending zoning district boundaries in the vicinity of the north side of Broadway Boulevard, approximately 300 feet west of Harrison Road, in case C9-97-07 Broadway/Harrison LLC - Broadway Boulevard, SR to R-1.

The City Manager recommends that the subject ordinance be adopted.

Twelve (12) written approvals and two (2) written protests were received for this case. Neither of the protests are located within the 150-foot notification area.

A simple majority vote will be necessary to adopt the subject ordinance.

17. PLATS: (S97-038) FINAL PLAT - HORNADAY TERRACE, LOTS 1-20 AND COMMON AREAS "A", "B" AND "C"

(a) Report from City Manager AUG3-98-429 WII

The City Manager recommends that, after the adoption of the rezoning ordinance under Item 16, the Mayor and Council approve the final plat as presented. The applicant is advised that building/occupancy permits are subject to the availability of water/sewer capacity at the time of actual application.

18. ZONING: (C9-98-SP-2a) LA ENTRADA REDEVELOPMENT PLAN/SPECIFIC PLAN, SP-2 DISTRICT, LAND USE DISTRICT "A", CHANGE OF CONDITION

(a) Report from City Manager AUG3-98-433 WI

(b) Report from Zoning Examiner dated June 26, 1998

(c) Request for a change of condition of the La Entrada Redevelopment Plan/Specific Plan. The subject property is located within an area designated in the Plan as Land Use District "A", a 2.0 acre parcel located north of Alameda Street, east of Granada Avenue, south of Paseo Redondo and west of Main Avenue. Applicant: Tucson Museum of Art. This is a request for a change of condition of the Land Use District "A" currently consists of the Tucson Water building on lot 8 and a surface parking lot on lot 7. The request is to add parking uses to the list of uses (residential, commercial and public office and retail service) currently allowed in the Plan for Land Use District "A". The Planning Department recommends approval of the change of condition and adoption of the subject ordinance, subject to the conditions. The Zoning Examiner recommends approval of the change of condition, subject to certain conditions. The City Manager recommends approval of the requested change of condition to the La Entrada Redevelopment Plan/Specific Plan to allow parking as an alternate use of Land Use District "A" and adoption of the ordinance presented, subject to the following conditions:

1. Parking shall be permitted as an alternate use of Land Use District "A".

2. Compliance with all Land Use Code (LUC) and Development Standard requirements and regulations.

3. Landscaping and screening design, placement and type shall comply with section VI.D. of the La Entrada Redevelopment Plan / Specific Plan.

4. A distinct pedestrian crossing and improved pedestrian access from the parking area to the Museum Of Art building shall be provided.

(d) Ordinance No. 9101 relating to zoning: amending Resolution No. 11761 in case C9-98-SP2A, La Entrada Redevelopment Plan/Specific Plan located in the vicinity of the south west corner of Main Avenue and Paseo Redondo.

Zero (0) written approval and one (1) written protest have been received. The protest is located within the 150-foot notification area and results in a four (4) percent protest by area to the north and zero (0) percent to the south, west and east.

A simple majority vote of the Mayor and Council will be necessary to adopt the subject ordinance should the Mayor and Council choose to do so.

19. ZONING: (C9-94-30) SAGUARO POOLS - BUDDY LANE, R-2 TO C-2, CHANGE OF CONCEPT PLAN

(a) Report from City Manager AUG3-98-435 WIII

(b) Request to consider a change of concept plan for a previously authorized rezoning case. The rezoning site is located on the south side of Buddy Lane approximately 200 feet east of First Avenue. Applicant: Charles Urias, Architect, on behalf of the property owner, Don Davis. The revised concept plan proposes to change the overall exterior design of the building. The Planning Department recommends denial of the requested change of concept plan. The City Manager recommends denial of the requested change of concept plan. Should the Mayor and Council choose to approve the change of concept plan, it is recommended that the original conditions of rezoning be amended as follows:

1. An approved development plan, in substantial compliance with the preliminary development plan dated February 20, 1997, and elevation plan dated May 14, 1998, is to be submitted and approved in accordance with Section 23-4095.3.8. of the Tucson Land Use Code including, but not limited to:

a. Building height limited to one-story, and 18.520 feet in height.

b. Masonry wall along the east property line to be six (6) feet tall and constructed of, or painted with, graffiti-resistant materials.

c. Storage of materials be limited to six (6) feet in height in the outdoor storage area.

d. No loading areas or door openings on the north and east sides of the storage portion of the building.

e. Minimum building setback along the east property line of six (6) feet. Project to adhere to minimum building setback requirements of the LUC.

f. No outdoor storage east of the building.

g. Security lighting for the outdoor storage area to be less than six (6) feet in height and directed away from adjacent residential uses.

h. Trash container to be located on the west side of the site, away from existing residential uses, and be designed to comply with requirements of Solid Waste Management for on-site pick-up.

2. Owner to dedicate a seven (7)-foot-wide public pedestrian easement along the Buddy Lane frontage to accommodate a four (4)-foot-wide sidewalk.

3. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development will be at no expense to the public.

4. Five years to comply with all Code requirements and conditions of rezoning.

Two written approvals and one written protest were originally received for this case. The protest is within the 150-foot area constituting a 50.0 percent protest by area to the north and an 18.0 percent protest by area to the east.

A three-quarter majority vote of the Mayor and Council will be necessary to approve this request.

20. ZONING: (C9-98-11) PASCUA YAQUI TRIBE - 15TH AVENUE, I-1 TO R-2

(a) Report from City Manager AUG3-98-437 WVI

(b) Report from Zoning Examiner dated July 6, 1998

(c) Request to rezone approximately 0.114 acres located on the east side of 15th Avenue south of Fairview Avenue, from I-1 to R-2 zoning. Applicant: Collins/Piña Consulting Engineers, Inc., on behalf of the property owners, the Pascua Yaqui Tribe of Arizona. The preliminary development plan is for one one-story single-family residence. The Planning Department recommends approval of R-2 zoning, subject to certain conditions, and adoption of the ordinance presented. The Zoning Examiner recommends approval of R-2 zoning, subject to certain conditions. The City Manager recommends approval of R-2 zoning and adoption of the ordinance presented, subject to the following conditions:

1. A Site Plan in substantial compliance with the preliminary development plan is to be submitted and approved.

2. "Safe by Design" concepts shall be incorporated in the development plan for review by the Tucson Police Department.

3. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.

4. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.

(d) Ordinance No. 9103 relating to zoning: amending zoning district boundaries in the vicinity of the east side of 15th Avenue south of Fairview Avenue in case C9-98-11 Pascua Yaqui Tribe - Fifteenth Avenue, I-1 to R-2.

One (1) written approval and two (2) written protests have been received. One of the protests is located within the 150-foot notification area and results in a 3.4 percent protest by area to the north, a 26.7 percent protest to the south, a zero (0) percent protest to the east and a 100 percent protest to the west.

A 3/4 majority vote will be necessary to adopt the subject ordinance rezoning the subject property should the Mayor and Council choose to do so.

21. ZONING: (C9-98-12) CLARK MILLMAR ROAD, SR TO RX-1

(a) Report from City Manager AUG3-98-440 WIV

(b) Report from Zoning Examiner dated June 26, 1998

(c) Request to rezone approximately 4.66 acres located on the south side of Millmar Road approximately 1,250 feet east of Harrison Road, from SR to RX-1. Applicant: Tom Clark, on behalf of the property owner, Robert Clark. The preliminary development plan shows the division of the existing parcel into three single-family residential lots for a density of 0.64 units per acre. The Planning Department recommends approval of RX-1 zoning and adoption of the ordinance presented, subject to certain conditions. The Zoning Examiner recommends approval of RX-1 zoning, subject to certain conditions. The City Manager recommends approval of RX-1 zoning and adoption of the ordinance presented, subject to the following conditions:

1. A subdivision plat or land split plan, as required by the LUC, in substantial compliance with the preliminary development plan and the Environmental Resource Report, is to be submitted and approved, including, but not limited to:

a. A maximum of three (3) lots.

b. A maximum building height of twenty-five (25) feet as measured in the Land Use Code.

c. A recorded cross-access easement for legal access to individual parcels.

2. Millmar Road to be improved with a minimum 24-foot-wide, paved, all weather vehicular access connection to Harrison Road.

3. A drainage report shall be submitted and approved.

4. The U. S. Fish and Wildlife Service (USFWS) guidelines regarding the Cactus Ferruginous Pygmy-Owl shall be followed.

5. "Safe by Design" concepts shall be incorporated in the final plans for review by the Tucson Police Department.

6. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.

7. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.

(d) Ordinance No. 9104 relating to zoning: Amending zoning district boundaries in the vicinity of the south side of Millmar Road approximately 1,250 feet east of Harrison Road in rezoning case C9-98-12 Clark - Millmar Road, SR to RX-1.

Two (2) written approvals and two (2) written protests have been received. Both protests are located within the 150-foot notification area and results in a 64.4 percent protest by area to the north, a 83.3 percent protest to the east and zero (0) percent to the south, west.

A 3/4 majority vote will be necessary to adopt the ordinance presented rezoning the subject property should the Mayor and Council choose to do so.

22. ZONING: (C15-98-02) ESTABLISHING ORIGINAL CITY ZONING FOR THE MICHIGAN STREET - COUNTRY CLUB ROAD ANNEXATION DISTRICT (CONTINUED FROM THE MEETING OF JULY 6, 1998)

(a) Report from City Manager AUG3-98-441 WV

(b) At the Mayor and Council public hearing on July 6, 1998, several questions were raised regarding the translation of County CI-2 Industrial zoning to City I-2 Industrial zoning. Planning staff was directed to return with a comparative review of the CI-2 and I-2 zones.

OPTION A (Establishing original City zoning as I-2, maintaining current annexation policy, to translate a County zone to the closest City zone.)

Ordinance No. 9088 relating to zoning; establishing original City zoning for approximately 325 acres generally located east of Country Club Road, north of Interstate 10, west of Palo Verde Road and south of Michigan Street, which was annexed to the City of Tucson by Ordinance No. 9017 adopted on March 23, 1998; within the annexation area; and specifying an effective date.

OPTION B (Establishing original City zoning as I-2(R) placing a height restriction on I-2 zones, comparable to Pima County CI-2 requirements)

Ordinance No. 9088 relating to zoning; establishing original City zoning for approximately 325 acres generally located east of Country Club Road, north of Interstate 10, west of Palo Verde Road and south of Michigan Street, which was annexed to the City of Tucson by Ordinance No. 9017 adopted on March 23, 1998; within the annexation area; and specifying an effective date.

The City Manager recommends that the Mayor and Council maintain their current annexation policy and adopt the subject Ordinance Option "A" establishing City I-2 zoning as the original City zoning for the property within the annexation district. Should the Mayor and Council choose to amend their policy for original City zoning and place a height restriction on I-2 zones, comparable to Pima County CI-2 requirements, an alternative Ordinance Option "B" is also presented.

23. ZONING: (C9-98-08) WILMOT/INTERSTATE 10 PARTNERSHIP - INTERSTATE 10, SH, C-2 AND RV TO MH-2 AND C-2

(a) Report from City Manager AUG3-98-442 WIV

(b) Report from Zoning Examiner dated June 12, 1998

(c) Request to rezone approximately 82.27 acres from RV, SH, and C-2 zoning to MH-2, and approximately 4.25 acres from SH to C-2 zoning. The rezoning site is located southeast of the intersection of Wilmot Road and Interstate 10. Approximately 3.75 acres located contiguous to the area requested for C-2 zoning will remain zoned C-2, but are included in the overall 90.27 acre preliminary development plan. Applicant: Steve Hagedorn of The Planning Center, on behalf of the property owners, Wilmot/Interstate 10 Partnership and Wilmot II/Interstate 10 Partnership. The preliminary development plan is for a 483-unit mobile home community, recreation facility and clubhouse on 82.27 acres and a mobile home sales facility adjacent to the Interstate 10 frontage road on 8.0 acres. The density of the mobile home park is 5.87 units per acre and all development, including the commercial area, is indicated as one-story. The Planning Department and Zoning Examiner recommend approval of MH-2 and C-2 zoning, subject to certain conditions. The City Manager recommends approval of MH-2 and C-2 zoning, subject to the following conditions:

1. A development plan and/or subdivision plat, in substantial compliance with the preliminary development plan and the Environmental Resource Report, is to be submitted and approved in accordance with Section 5.3.8 and 4.1.1 of the LUC, including, but not limited to:

a. At least 10 feet of landscaping at the vegetation density required for street borders in the Land Use Code shall be required along all exterior boundaries of the project and between the C-2 and MH-2 sections. Preserving all natural vegetation in a strip at least 25 feet wide can substitute for this density requirement. Any vegetative areas to be preserved are to be fenced during construction to prevent encroachment.

b. Maximum building height of 16 feet, except for the centrally located recreation center building.

c. Access to the C-2 portion shall be from the frontage road of Interstate 10 with provision for a future connection to the property to the west.

d. Canopy trees on both sides of the "spine road" from Interstate 10 to Wilmot Road at a spacing of no more than 33 feet exclusive of intersecting roadways.

2. The owner/developer shall install a center left turn lane on Wilmot Road to accommodate southbound left turns into the site; and shall install curb, sidewalk and one (1) lane of pavement along the Wilmot Road frontage of the property or contribute funds (based on current improvement district costs) to an escrow account to cover the future improvement district costs for same, thereby satisfying the future improvement district obligations of the property.

3. The owner/developer shall improve the I-10 frontage road to include a deceleration lane to accommodate eastbound right turns into the site, an acceleration lane to accommodate vehicles exiting the property to travel east, and curb and sidewalk along the I-10 frontage road frontage, as acceptable to the Arizona Department of Transportation.

4. The entrance on Wilmot Road shall be designed to prevent traffic backing up onto Wilmot Road. This may involve redesigning the project to provide additional vehicle storage at the entrance. The gated access shall provide an appropriate turn-around area.

5. The owner/developer shall work with El Paso Natural Gas (EPNG) to improve the pipeline right-of-way as a multi-use type pedestrian and bicycle trail. Those improvements shall be included on the landscape plan. If no agreement is reached with EPNG, the landscape plan shall include a ten (10)-foot-wide landscaped buffer adjacent to the EPNG easement with a treatment consistent with the remainder of the site.

6. A drainage report, including details of retention/detention, shall be submitted and approved.

7. The U. S. Fish and Wildlife Service (USFWS) guidelines regarding the Cactus Ferruginous Pygmy-Owl shall be followed.

8. An archeological survey shall be performed as recommended in the report contained in the ERR. Archeological or cultural remains encountered during construction shall be mitigated in accordance with guidelines provided by the Arizona State Museum. Provide a note on the plat or plan and include in the CC&Rs that the Arizona State Museum shall be promptly contacted if any archeological or cultural remains are uncovered.

9. A fair-disclosure statement shall be provided in all rental and sales agreements, and specifically noted on the final plat or development plan, notifying prospective tenants and owners of the proximity of the Federal Correctional Institute and Arizona State Prison Complex.

10. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. Those screen walls visible from the public right-of-way shall incorporate one of the following decorative materials: (a) tile, (b) stone, (c) brick, (d) textured brick/block, (e) a coarse-textured material such as stucco or plaster, or (f) a combination of the above materials. In addition, any continuous wall greater than 75 feet in length and 3 feet in height shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

11. "Safe by Design" concepts shall be incorporated in the development plan/subdivision plat for review by the Tucson Police Department.

12. All utilities shall be underground and within areas to be graded for the roadways, driveways, and building pads.

13. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.

14. Five years are allowed to comply with all Code requirements and conditions of rezoning.

Four (4) written approvals and zero (0) written protests have been received.

A simple majority vote of the Mayor and Council will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.

24. ZONING: (C9-98-10) TELLEZ - GRANDE AVENUE, R-2 TO O-1

(a) Report from City Manager AUG3-98-445 WI

(b) Report from Zoning Examiner dated July 6, 1998

(c) Request to rezone approximately 0.31 acres located on the west side of Grande Avenue approximately 100 feet south of Clearwater Drive, from R-2 to O-1 zoning. Applicant: Ronaldo C. Tellez, the property owner. The preliminary development plan is for the conversion of an existing 1,120-square-foot single-family residence on a 13,700-square-foot lot into a professional office with a new 650-square-foot building and a 429-square-foot addition to the existing structure. The Planning Department and Zoning Examiner recommend approval of O-1 zoning, subject to certain conditions. The City Manager recommends approval of O-1 zoning, subject to the following conditions:

1. A development plan, in substantial compliance with the preliminary development plan and the Design Compatibility Report, is to be submitted and approved in accordance with Section 5.3.8 of the LUC, including, but not limited to:

a. All new construction compatible in architecture to, and no greater in height than, the existing structure.

b. One vehicular access point from Grande Avenue.

c. No vehicular access to the alley.

d. All structures to be earthtone colors. Bolder colors may be used only as accents.

2. The owner/developer shall dedicate right-of-way along Grande Avenue as required per the Major Streets and Routes Plan.

3. The owner/developer shall install additional pavement (including appropriate transitions), consistent with the section of Grande Avenue north of Spruce Street, from Spruce Street to the south boundary of the rezoning site.

4. The owner/developer shall install a curb and sidewalk along the Grande Avenue frontage of the site.

5. A drainage report, including details of retention/detention, shall be submitted and approved.

6. Exterior lighting shall be shielded and/or directed away from adjacent residential uses.

7. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. Those screen walls visible from the public right-of-way shall incorporate one of the following decorative materials: (a) tile, (b) stone, (c) brick, (d) textured brick/block, (e) a coarse-textured material such as stucco or plaster, or (f) a combination of the above materials. In addition, any continuous wall greater than 75 feet in length and 3 feet in height shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

8. "Safe by Design" concepts shall be incorporated in the development plan for review by the Tucson Police Department.

9. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.

10. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.

Zero (0) written approval and two (2) written protests have been received. One protest is located within the 150-foot notification area and results in a 9.5 percent protest by area to the east and a zero (0) percent protest to the south, west and north.

A simple majority vote of the Mayor and Council will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.

25. ZONING: (C9-98-17) PARADISE MOUNTAIN ESTATES - 36TH STREET, RX-2 TO R-1

(a) Report from City Manager AUG3-98-447 WI

(b) Report from Zoning Examiner dated July 24, 1998

(c) Request to rezone approximately 37.8 acres from RX-2 to R-1 zoning. The rezoning site is the entire 77-lot subdivision located south of 36th Street and west of Greasewood Road. Applicant: initiated by the Mayor and Council and submitted by the Paradise Mountain Estates Rezoning Subcommittee, on behalf of property owners within the Paradise Mountain Estates subdivision. The purpose of the rezoning is to preserve the existing neighborhood character in compliance with the policies of the Tumamoc Area Plan (TAP). The Planning Department recommends approval of R-1 zoning and adoption of the ordinance presented, subject to certain conditions. The Zoning Examiner recommends approval of R-1 zoning, subject to certain conditions. The City Manager recommends approval of R-1 zoning and adoption of the ordinance presented, subject to the following conditions:

1. A minimum lot size of 16,000 square feet.

2. A maximum of one (1) dwelling unit per lot.

3. A minimum perimeter yard setback of twenty (20) feet for any new construction.

(d) Ordinance No. 9107 relating to zoning: Amending zoning district boundaries in the vicinity of the south side of 36th Street west of Greasewood Road in case C9-98-17 Paradise Mountain Estates - 36th Street, RX-2 to R-1.

Nineteen (19) written approvals and zero (0) written protest have been received.

A simple majority vote of the Mayor and Council will be necessary to adopt the ordinance presented rezoning the subject property should the Mayor and Council choose to do so.

26. PUBLIC HEARING: MAJOR STREETS AND ROUTES PLAN AMENDMENT AND UPDATE

(a) Report from City Manager AUG3-98-444 WI & CITY WIDE

(b) Hearing.

(c) OPTION A (reclassifying Mission Road from south of the commercial development at Ajo Way to the southern City limits as a Scenic Route)

Ordinance No. 9105 relating to planning and zoning; updating and amending the Major Streets and Routes (MS&R) Plan map to reclassify a portion of Mission Road from a Gateway Route to a Scenic Route and updating the map and text to identify major streets recently annexed and adopted specific engineering plans.

OPTION B (reclassifying the entire reach of Mission Road as a Scenic Route)

Ordinance No. 9105 relating to planning and zoning; updating and amending the Major Streets and Routes (MS&R) Plan map to reclassify a portion of Mission Road from a Gateway Route to a Scenic Route and updating the map and text to identify major streets recently annexed and adopted specific engineering plans.

The City Manager recommends that the Ordinance (Option A) for the MS&R Plan Update and Amendment to reclassify Mission Road from south of the commercial development at Ajo Way to the southern City limits as a Scenic Route be adopted.

However, should the Mayor and Council adopt the MS&R Plan Update and choose to reclassify the entire reach of Mission Road as a Scenic Route, Ordinance (Option B) is presented for adoption.

27. ZONING: (C9-98-14) SCHOMAC - MISSION ROAD, R-1 TO R-2

(a) Report from City Manager AUG3-98-443 WI

(b) Report from Zoning Examiner dated July 6, 1998

(c) Request to rezone approximately 24.18 acres from R-1 to R-2 zoning. The rezoning site is located on the westside of Mission Road between Starr Pass Boulevard and San Marcos Boulevard. Applicant: Don Laidlaw and Associates, on behalf of the property owners, 22nd/Mission Partnership (The Schomac Group). The preliminary development plan proposes 312 apartment units in two-story buildings on 22.38 acres north of the Zeller Wash and a day care center on 1.8 acres at the northwest corner of Mission Road and San Marcos Boulevard. Twenty-five, single-family lots are also proposed in the adjacent R-1 zone along San Marcos Boulevard and San Antonio Drive to buffer the existing neighborhood to the west and south from the apartments. The Planning Department and Zoning Examiner recommend approval of R-2 zoning, subject to certain conditions. The City Manager recommends approval of R-2 zoning, subject to the following conditions:

1. A development plan/subdivision plat, in substantial compliance with the preliminary development plan and the project description document, is to be submitted and approved in accordance with Sections 5.3.8 and 4.1.1 of the LUC, including, but not limited to:

a. The subdivision plat to include all property bounded by Starr Pass Boulevard, San Marcos Boulevard, Mission Road, and San Antonio Drive.

b. A minimum 40-foot building setback where adjacent to the R-1 portion of the project.

c. A 15 to 30-foot wide landscape buffer, with an average width of 25 feet, including canopy trees at a minimum density of one tree per 33 linear feet or fraction thereof, along all street frontages, the west side of the project where adjacent to R-1 zoning, and adjacent to the Zeller Wash drainage easement.

d. Vehicular access to the daycare center limited to the new public street.

e. Vehicular access to Starr Pass Boulevard limited to one point and right-turn only.

f. The buildings and walls will be principally earth tone colors. Bolder colors may be used only as accents.

g. All slope protection and stabilization techniques to include a minimum of fifty percent vegetative cover, unless deemed infeasible by the City Engineer.

2. Owner/developer shall install, or verify the existence of, curb and sidewalk along the Mission Road, San Marcos, and San Antonio frontages of the rezoning site.

3. Along the Starr Pass Boulevard frontage of the property the owner/developer shall install:

a. An acceleration lane.

b. Vehicular barriers (curb and/or guardrail) as required by DOT.

c. Pedestrian circulation facilities or a monetary contribution for same.

4. The owner/developer shall participate in any future Neighborhood Traffic Management Program if one is formed within two (2) years after completion of the apartment construction; and accept an assessment equal to the cost of five (5) speed humps.

5. The owner/developer shall provide full development of the Sun Tran bus stop located on the northwest corner of San Marcos Boulevard and Mission Road including a new bus shelter, a concrete pad, a trash receptacle, and continuous sidewalk to the curb ramp for overall ADA accessible condition.

6. A drainage report shall be submitted and approved, including details of retention/detention.

7. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. Those screen walls visible from the public right-of-way shall incorporate one of the following decorative materials: (a) tile, (b) stone, (c) brick, (d) textured brick/block, (e) a coarse-textured material such as stucco or plaster, or (f) a combination of the above materials. In addition, any continuous wall greater than 75 feet in length and 3 feet in height shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

8. "Safe by Design" concepts shall be incorporated in the development plan/subdivision for review by the Tucson Police Department.

9. The final plat shall contain a disclosure statement indicating that the R-2 area north of Zeller Wash will be developed with two-story apartments.

10. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.

11. Five years are allowed to comply with all Code requirements and conditions of rezoning.

Zero (0) written approvals and one (1) written protest have been received. The one protest was located outside of the 150-foot notification area.

A simple majority vote of the Mayor and Council will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.

28. PUBLIC HEARING: TUCSON CODE - AMENDING (CHAPTER 23) LAND USE CODE - ESTABLISHING A NEW ZONE FOR THE PURPOSE OF PRESERVATION OF OPEN SPACE

(a) Report from City Manager AUG3-98-434 CITY WIDE

(b) Hearing on a proposed amendment to the Land Use Code (LUC) which establishes a new zone for the purpose of preservation of open space.

(c) Ordinance No. 9102 relating to planning and zoning; amending Chapter 23, the Land Use Code, Article II, Zones, adopting Division 9, Open Space (OS) Zone, Article III, Development Regulations, Division 2, Development Criteria, and Article VI, Definitions, Division 3, Land Use Groups, relating to the Open Space Zone, and establishing an effective date.

29. PUBLIC HEARING: TWENTY-NINTH STREET, SWAN ROAD TO CRAYCROFT ROAD DISTRICT PAVING IMPROVEMENT

(a) Report from City Manager AUG3-98-404 WV

(b) Hearing

(c) Resolution No. 18083. Approving assessment and previous proceedings for the "Twenty-Ninth Street, Swan Road to Craycroft Road District Paving Improvement," in the City of Tucson, Arizona.

30. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager AUG3-98-425 CITY WIDE

31. CALL TO THE AUDIENCE, for persons desiring to speak.

32. ADJOURNMENT

The next regularly scheduled meeting of the Mayor and Council will be held on Tuesday, September 8, 1998, at 2:00 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.

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