ADDENDUM #1
REGULAR AGENDA ITEMS 4A THROUGH 4B HAVE BEEN ADDED:

ADDENDUM #2
REGULAR AGENDA ITEM 4B HAS BEEN AMENDED:

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Frank Cherney, Body of Christ Free Lutheran Church

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

3. CONSENT AGENDA - ITEMS A THROUGH D

FOR 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. ZONING: (C9-98-22) MATHEWS - SWAN ROAD, R-2 TO C-1 (CONTINUED FROM THE MEETING OF OCTOBER 5, 1998)

(a) Report from City Manager OCT26-98-587 WVI

(b) Report from Zoning Examiner dated September 11, 1998

(c) Request to rezone approximately 0.44 acres from R-2 to C-1 zoning. The rezoning site is located on the west side of Swan Road approximately 335 feet north of Pima Street. Applicant: Mr. Alex Kimmelman of Arizona History Associates, on behalf of the property owner, Mr. Jef Matthews. The preliminary development plan is for the conversion of an existing 1,128 square-foot, one-story, single-family residence on an 18,990 square-foot lot into a professional office and retail sales use. The Planning Department recommends denial of the requested change of zoning. Should the Mayor and Council choose to approve the change of zoning, it is recommended that they approve NC zoning in lieu of C-1 zoning, subject to certain conditions. The Zoning Examiner recommends approval of NC zoning in lieu of C-1 zoning, subject to certain conditions. The City Manager recommends denial of the requested change of zoning. Should the Mayor and Council choose to approve the change of zoning, it is recommended that they approve NC zoning in lieu of C-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. Solid waste provisions to be at least fifty (50) feet from adjacent residentially zoned property.

b. Vehicular ingress-egress limited to one point from Swan Road along the southside of the building.

c. Canopy trees to be provided along the north and west property lines at a ratio of one tree per 33 linear feet. Additional shrubs and groundcover shall be provided to create a minimum 50 percent coverage within two years.

d. Colors found predominately in the natural desert landscape shall be used for exterior walls.

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

3. The owner/developer shall upgrade the existing Sun Tran bus facility as required by the Department of Transportation.

4. Freestanding signage for this development shall be limited to one (1) sign with a maximum of two (2) sign faces, 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 walls, and shall be integrated into the landscape buffer area.

5. A drainage statement shall be submitted and approved.

6. Stormwater harvesting shall be maximized by depressing the landscaped areas six (6) inches.

7. All exterior lighting shall be low sodium and shall be directed down and away from adjacent residential properties. It shall be mounted below the height of the required screen walls.

8. 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.

9. An on-the-ground archaeological survey shall be performed and submitted to the Arizona State Museum for approval before the development plan is approved.

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

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

12. Five years are allowed in which to comply with all Code requirements and conditions of rezoning. One (1) written approval and eleven (11) written protests have been received. Two (2) protests are within the 150 foot notification area and result in a 100 percent protest by area to the east, 17.3 percent protest to the north, 19.4 percent protest to the south and zero percent protest to the west. A 3/4 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.

4A. ZONING: (C9-89-02) PARK MALL - BROADWAY BOULEVARD, C-1, C-2, C-3, P AND R-1 ZONES (REF. C9-69-61 AND C9-63-38), CHANGE OF DEVELOPMENT PLAN

(a) Report from City Manager OCT26-98-597 WIV


(b)This is a request to consider a change of development plan for a previously approved rezoning case for a site located on the south side of Broadway Boulevard west of Wilmot Road. Applicant: David Evans and Associates on behalf of the property owners, General Growth Management of California. The development plan is for the expansion of Park Mall Shopping Center at 5870 E. Broadway Boulevard. The revised development plan proposes expanding the Mall from 850,000 square feet to 1,307,470 square feet, adding three (3) additional out-parcels with a total of 38,000 square feet and two (2) above grade parking structures and an eleven acre surface parking area. The total gross floor area will be 1,362,640 square feet. The Planning Department recommends approval of the development plan for Park Mall as recommended by the CDRC. The City Manager recommends the Mayor and Council approve the development plan for Park Mall, subject to final design approval of the Department of Transportation for off-site improvements. The development plan complies with the following conditions.


1. A development plan submitted for approval in accordance with Section 5.3.8. of the Tucson Land Use Code, in substantial compliance with the preliminary development plan dated March 31, 1998, and the preliminary landscape development plan dated March 30, 1998, and the revised elevation plan, including, but not limited to:
a. Compliance with the General Design and Buffering Policies of the Broadway-Craycroft Area Plan, including attention to the siting and buffering of the proposed three level garage.

b. The parking garages shall be designed to screen both building security lights and vehicular headlights from adjoining neighborhoods.

c. A traffic control design and/or device is to be installed at the intersection of Broadway Boulevard and the northwest drive that will minimize the ability for Mall generated vehicles to access the adjoining neighborhood.

2. The owner/developer shall fund and install the following transportation improvements:
a. Traffic signal improvement at the intersections of Broadway/Indian House and/or Broadway/Chantilly in conformance with the General Design Criteria of the adopted Roadway Development Policies. The exact improvements are to be determined based on further study by the Department of Transportation and the developer.

b. A new traffic signal and approach lighting be installed at Wilmot Road and the Park Mall ring road, including all required geometric improvements needed to maximize the effectiveness of the signal operation for the new intersection and the area-wide signal system.

c. Due to the need to maintain quality progression along the major roadways, the developer shall install state-of-the-art video vehicle detection equipment to upgrade the Broadway Boulevard/Wilmot Road intersection.

d. The enhanced transit facility shall be centrally located and in close proximity to the Broadway Boulevard/Indian House intersection, and shall include a bus pull-out, shelters, and landscaping.

e. A traffic study shall be submitted that analyzes all impacts to existing roadways, including median openings, left turn storage, and neighborhood impacts caused by the expansion of the Mall.

f. Pedestrian connections shall be shown on the plans connecting the Mall to all public streets and out parcels.

g. The ring road shall be constructed to a minimum of a 5 lane cross-section at Wilmot Road and at Broadway Boulevard (if a traffic signal is installed at Broadway) and transitioning to a three lane cross-section throughout the remainder of the ring road. Bicycle facilities should be considered along the ring road to enhance their use. Bike detection and bike lanes will be required at any new traffic signal installations.

3. A drainage report, addressing detention and retention for the "new" portions of the development, is required.

4. A Letter of Map Revision (LOMR) is required for any modifications to the existing floodplain on the site.

5. Noise-generating uses, such as loading zones and dumpsters locations, shall be located a minimum of fifty (50) feet from any adjacent residential zone boundary. Outdoor loudspeakers shall be directed away from adjacent residential zoning.

6. Incorporate "Safe by Design" concepts in the development plan, as recommended by the Tucson Police Department.

7. All new lighting shall be directed downward and away from any adjacent residential uses or residentially zoned areas. 8. Any new masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. All new masonry walls 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.

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

All property owners within 300 feet of this request were notified in writing of the request to revise the Park Mall development plan. No written protests have been received by staff.

A simple majority vote will be necessary for the Mayor and Council to approve the development plan for Park Mall.

4B. ZONING: (C9-82-35 AND C9-87-50) CIENEGA, LTD. - BROADWAY BOULEVARD, SR TO R-2 AND C-1, ORDINANCE ADOPTION

(a) Report from City Manager OCT26-98-599 WII

AMENDED (b) This is a request to rezone property located on approximately 27 acres at the northeast corner of Broadway Boulevard and the Pantano Wash. The applicant is Cella Barr and Associates representing the property owner, R. B. Price and Company, Inc. The tentative plat is for a 131-unit residential subdivision on 22.46 acres and a commercial block on 4.12 acres. The Planning Department recommends approval of the ordinances presented. The City Manager recommends adoption of the ordinances presented, subject to recordation of an approved subdivision plat by November 30, 1998.

(c) Ordinance No. 9152 relating to zoning: Amending zoning district boundaries in the vicinity of the east side of Pantano Wash approximately 600 feet north of Broadway Boulevard in rezoning case C9-82-35 Cienega, Ltd. - Broadway, SR to R-2.

(d) Ordinance No. 9153 relating to zoning: Amending zoning district boundaries in the vicinity of the east side of Pantano Wash north of Broadway Boulevard in rezoning case C9-87-50 Cienega - Broadway, SR to C-1.

From the original rezoning public hearing for case C9-82-35, five (5) written approvals and six (6) written protests were received. None of the protests lie within the 150-foot area. There were no additional approvals or protests registered at the 1995 public hearing.

From the original rezoning public hearing for case C9-87-50, eight (8) written approvals and zero (0) written protests were received. Five (5) approvals lie within the 150-foot area.


A simple majority vote will be necessary to adopt the ordinances presented.

5. PUBLIC HEARING: ZONING: (C9-89-03) R. A. HOMES - HOUGHTON ROAD, C-1 ZONE, CHANGE OF CONCEPT PLAN

(a) Report from City Manager OCT26-98-590 WII WI

(b) Hearing to consider a request for a change of concept plan on property located on the northwest corner of Broadway Boulevard and Houghton Road. Applicant: Mr. Karl Huy of Travis Engineering on behalf of Shurgard Storage Centers. The original approved concept plan was for a commercial shopping center on 9.6 acres. The revised concept plan is for a mini-storage facility on the north 3.95 acres and a smaller commercial shopping center on the south 5.65 acres. A public hearing is required because it has been more than five years since the last public hearing was held on this item. The Planning Department recommends approval of the change of concept plan and adoption of the ordinance presented, subject to certain conditions. The City Manager recommends the Mayor and Council approve the requested change of concept plan and adopt the ordinance presented, subject to the following revised conditions.

1. MODIFY An approved development plan submitted in accordance with Section 23-409 of the Tucson Code 5.3.8 of the LUC, in substantial compliance with the preliminary development plans dated August 5, 1998, and August 27, 1998, including but not limited to:
a. An approved landscape plan, including but not limited to: a twenty-five (25) foot landscape buffer provided on the north and west property lines of the C-1 site, 100 year floodplain of major washes to be left in a natural state, and pedestrian/bikeways provided between the developments and major street frontages.

b. MODIFY A drainage report shall be submitted for review and approval, including details of retention/detention

c. DELETE A concept grading plan.

d. DELETE A subdivision plat recorded for the entire tract.

e. DELETE A 75 foot half right-of-way dedicated for Broadway, together with a 25 foot radius spandrel at Broadway and Houghton.

f. DELETE Street improvements installed at the owner/developer's expense on Broadway and Houghton per City of Tucson Engineer's memo dated March 22, 1983.

g. DELETE A 100 foot half right-of-way dedicated for Houghton Road per Major Streets and Routes Plan amended, i. e. an additional 25 feet.

h. Detention/retention, and a separate on-set aside area may be required as determined by the drainage report.

i. Dedication of drainage rights-of-ways as required by City Engineering.

j. ADD Buildings in the mini-storage area shall be limited to 14 feet in height.

k. ADD All buildings and signage (other than corporate logos) shall be painted in colors found in the surrounding natural desert. Building roofs shall be made of non-reflective materials. Signage shall be compatible with the landscape plan and reflect the architectural style of the proposed development.

l. ADD All dumpsters and loading spaces shall be at least 50 feet from the adjacent residential zones and uses.

m. ADD No drive-throughs on the west side of the pads within 100 feet of the west boundary.

n. ADD Trees required along the west property line shall be at least 24-inch box in size.

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

3. DELETE Three years to comply with all Code requirements and conditions of rezoning.

4. ADD The owner/developer shall install additional pavement on Houghton Road to accommodate a northbound left turn lane into the site, a southbound right turn lane into the site, a southbound bike lane, and curb and sidewalk along the frontage of the site.

5. ADD The owner/developer shall install additional pavement on Broadway Boulevard to accommodate an a eastbound left turn lane into the site, a continuous westbound right turn lane, a westbound bike lane, and install curb and sidewalk along the frontage of the site.

6. ADD The owner/developer shall install the necessary modifications to the traffic signals to accommodate the required modifications to Houghton Road and Broadway Boulevard.

7. ADD Design of the commercial center shall provide for a Sun Tran bus turn around in order to extend service on Broadway Boulevard.

8. ADD 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.

9. ADD Pedestrian access shall be restricted from Eastpointe Estates to the C-1 parcel at the drainageways.

10. ADD Lighting shall be mounted as close to the ground as possible and be shielded and pointed down and away from the adjacent residential properties.

11. ADD Placement of trees shall provide shade to pedestrians to the fullest extent possible.

12. ADD Incorporate "Safe by Design" concepts in the development plan as recommended by the Tucson Police Department.

(c) Ordinance No. 9147 relating to zoning: Amending certain conditions for property zoned C-1 in the vicinity of the northwest corner of Houghton Road and Broadway Boulevard in case no. C9-83-09.

One written approval and 65 written protests have been received for the last time this case was before the Mayor and Council on June 27, 1998. No additional approvals or protests have been received. While 15 protests were within 150 feet of the original case, none were within 150 feet of the mini-storage site and only one within 150 feet of the rest of the C-1 site.

A simple majority vote of the Mayor and Council will be necessary to approve the proposed changes and adopt the ordinance presented.

6. PUBLIC HEARING: ZONING (C9-93-15) RITA LAND CORPORATION - VALENCIA ROAD, MH-1 TO R-1 AND R-3, REQUEST FOR A FIVE-YEAR TIME EXTENSION

(a) Report from City Manager OCT26-98-584 WIV

(b) Hearing on a request for a five-year time extension for the completion of the rezoning conditions for the R-3 zoned apartment portion of the West at Rita Ranch. The property is located on the southeast corner of Valencia Road and Old Vail Road. Applicant: Mr. Dennis Wall of OPW and Associates on behalf of the property owner, Cottonwood Properties. The original rezoning case requested R-1 zoning for 350 one- and two-story single-family residences on 116.0 acres and R-3 zoning for 560 two- and three-story apartments on 28.0 acres. The time extension request is only for the R-3 portion of the rezoning site, as an ordinance has been previously adopted and a plat approved by Mayor and Council for the R-1 portion. The preliminary development plan for the R-3 portion of the site remains as 560 two- and three-story apartments on 28.0 acres for a density of 20.0 units per acre. The Planning Department recommends approval of the requested five-year time extension to November 1, 2003, subject to certain revised conditions. The City Manager recommends approval of the requested five-year time extension to complete rezoning conditions from November 1, 1998, to November 1, 2003, subject to the following revised conditions:

1. This ordinance is subject to an approved development plan in accordance with Section 5.3.823 409 of the Tucson Land Use Code and the following condition as well as substantial conformance with the preliminary development plan submitted by the applicant.
a. Total number of units limited to 910 to include 350 single-family residences and 560 apartment units.

b. Apartment structures located within seventy-five (75) feet of the west property lines of the adjacent single-family residential development shall be limited to one-story in height.

c. A minimum five-foot high masonry screen wall shall be constructed along the east boundary of the site.

2. A drainage report which indicates compliance with the Rita Ranch Master Drainage Report.


3. Recordation of a subdivision plat for the entire property which includes:


a. a disclosure statement in the subdivision report to be filed with the Arizona Real Estate Department which states the property lies between the Approach/Departure Zone of Davis Monthan Air Force Base (DMAFB) and DMAFB; the statement to include that DMAFB is a military installation where activities occur which include aircraft noise and military training, and these activities and the mission of the Base may change over time.


4. The owner/developer shall install the following roadway improvements: Developer to improve Valencia Road by construction of 16 feet of additional permanent pavement and the south curb and sidewalk along the entire frontage, together with appropriate transitions to City of Tucson standards.

a. Additional pavement on the Valencia Road frontage (to provide one through lane in each direction, a certer left turn lane and bike lanes in each direction( to total 46 feet, curb and sidewalk. Said paving improvements to be centered on a line 28 feet south of the centerline of the Valencia Road right-of-way.

b. Curb and sidewalk on the Old Vail Road frontage

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

6. Five years to comply Issuance of a building permit for construction of the proposed development based on the approved development plan in compliance with all Code requirements and conditions of rezoning for the R-3 portion of the rezoning site by November 1, 2003.

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

8. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.

9. 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.

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

One written approval and zero written protests were received for the original public hearing on this case on September 30, 1993. No additional approvals or protests have been received.


A simple majority will be necessary to approve the requested five-year time extension and to adopt an ordinance rezoning the subject property once the conditions of rezoning have been met.

7. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager OCT26-98-591 CITY-WIDE

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

9. ADJOURNMENT

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

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