Mayor and Council Agendas for

ADDENDUM #1 - CONSENT AGENDA ITEM NO. 3-M, 3-N AND REGULAR AGENDA ITEM NO. 9 HAVE BEEN ADDED:

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Phil Taylor, Valley Christian Church

PLEDGE OF ALLEGIANCE - led by Brownie Troop 204

3. CONSENT AGENDA - ITEMS A THROUGH L

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. PUBLIC IMPROVEMENT: ST. MARY’S ROAD, SILVERBELL ROAD TO CAMINO SANTIAGO DISTRICT LIGHTING IMPROVEMENT

(a) Report from City Manager FEB22-99-91 WI

(b) Report of Expiration of Protest Period: January 13-27, 1999. Protests received: 14.85% valid protests and 79.78% invalid protests.

(c) OPTION A (overruling protests and ordering the improvement)

Resolution No. 18223. Resolution of the Mayor and Council of the City of Tucson, Arizona overruling protests and ordering the improvement known as the "St. Mary’s, Silverbell to Camino Santiago District Lighting Improvement," in the City of Tucson, Arizona, and ordering the publication of a notice of the resolution ordering the work, and inviting sealed bids for making the improvement, all in accordance with the provisions of Title 48, Chapter 4, Article 2, Arizona Revised Statutes, and amendments and supplements thereto.

OPTION B (repealing Resolution of Intention No. 18201)

Resolution No. 18223 relating to public improvement districts; repealing Resolution of Intention No. 18201 relating to the "St. Mary’s, Silverbell to Camino Santiago District Lighting Improvement."

OPTION C (other action as deemed appropriate)

5. 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 (CONTINUED FROM THE MEETING OF OCTOBER 26, 1998)

(a) Report from City Manager FEB22-99-84 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. Applicant: is Mr. Dennis Wall of OPW and Associates on behalf of the property owner, Cottonwood Properties, The property is located on the southeast corner of Valencia Road and Old Vail Road. 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. A public hearing is required because it has been more than five years since the last public hearing was held on this request. The Planning Department recommends approval of the requested five-year time extension to November 1, 2003, subject to certain revised conditions of rezoning. The City Manager recommends the Mayor and Council approve 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 center 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.

6. PUBLIC HEARING: ZONING (C15-97-01) ESTABLISHING ORIGINAL CITY ZONING FOR THE CAMPBELL/RIVER ANNEXATION DISTRICT

(a) Report from City Manager FEB22-99-86 WIII

(b) Hearing

(c) Ordinance No. 9200 relating to zoning; establishing original City zoning for approximately 11.61 acres generally located in an area north of River Road and west of Campbell Avenue which was annexed to the City of Tucson by Ordinance No. 9122, adopted on November 2, 1998; and extending the Scenic Route Designation for River Road and Campbell Avenue within the annexation area; and specifying an effective date.

The City Manager recommends that the Mayor and Council adopt the ordinance presented establishing original City zoning and extending the Scenic Route designation for both River Road and Campbell Avenue within the annexation district.

7. PUBLIC HEARING: ZONING (C9-98-25) STARR PASS AND MOUSSA - STARR PASS BOULEVARD, SR AND R-1 TO C-1 AND R-1 TO SR, ZONING EXAMINER’S REPORT

(a) Report from City Manager FEB22-99-96 WI

(b) Report from Zoning Examiner dated November 13, 1998

(c) Request to rezone approximately 17.83 acres from R-1 to SR zoning, approximately 9.39 acres from R-1 to C-1, and 50.0 acres from SR to C-1. Applicant: Ms. Susan M. Morman of Collins/Pina Consulting Engineers, Inc., on behalf of the property owners, Dev-Con Associates and Albert and Sonia Moussa. The rezoning site is located within the Starr Pass Development adjacent to Starr Pass Boulevard approximately one mile west of the Shannon Road alignment and approximately one-third to one mile south of the Broadway Boulevard alignment. The proposed development is for the extension of the golf course in the SR zone and 382 time-share residential units in the C-1 zone. Approximately 40 percent of the rezoning site will remain as open space. The Planning Department recommends approval of SR and C-1 zoning, subject to certain conditions. The applicant has requested the early ordinance option for a portion of the rezoning site, however, due to the large number of protests and unresolved issues, staff does not support the early ordinance request. The Zoning Examiner recommends approval of SR and C-1 zoning, subject to certain conditions. The City Manager recommends approval of SR and C-1 zoning, subject to the following conditions:

1. Completion of all improvements required by previous rezoning cases prior to any approval of phase 2 development, including, but not limited to:

a. The owner/developer shall provide a "fair-share" contribution, either through monetary contribution or construction of roadway improvements, for Anklam Road improvements made necessary by the proposed development before development of the rezoning site can commence.

b. The owner/developer shall rectify outstanding deficiencies in the existing Starr Pass Boulevard and Players Club Drive infrastructure that has prevented the City from formally accepting these streets for maintenance.

2. Development plans and subdivision plats, in substantial compliance with the preliminary development plan and the Development Compatibility Report and Environmental Resource Report, shall be submitted for review and approval in accordance with Section 5.3.8 and 4.1 of the LUC, including, but not limited to:

a. Total number of units shall be limited to 382 as indicated in the traffic study.

b. Access to any trails or proposed trails established in the Master Block Circulation Plan (C9-92-12) shall be maintained. Applicant shall work with the Pima Trails Association to determine the exact locations.

3. The developer shall provide written notice to adjacent property owners within 300 feet of the block boundary prior to submittal of each plat or development plan. The Community Design Review Committee (CDRC) application submittal shall include documentation of the notification of adjacent property owners.

4. Preservation of biological linkages is required as initially delineated in the Desert Laboratory Proposed Biological Linkage by Harris Environmental Group, dated September 17, 1997, and further refined in the submitted concept plan. The biological linkage crossing in Block 5 for the hotel access road shall be designed as follows:

a. The crossing shall be a double arched structure with a minimum clearance of seven feet three inches (7'3"). A maximum three (3) foot wide concrete footer may be placed in the center of the structure to support the combined arch.

b. The structure shall accommodate the runoff from a 100-year storm event.

c. The bottoms of the arch openings shall remain in their natural states.

d. All utilities shall be within the roadway cross-section of the arched crossing.

e. The roadway cross-section shall be sized to include two 12-foot travel lanes, two 5 foot bicycle lanes that will also accommodate golf cart travel, and one 8-foot sidewalk area.

5. A mitigation/preservation plan of archaeological/historical resources shall be submitted for review and approval. The mitigation/preservation plan shall be prepared in conjunction with the Pima County Archeologist and the Arizona State Historic Preservation Office. The final report shall meet the Arizona State Museum standards.

6. All areas contained within the 100-year floodplains of washes shall remain undisturbed except for infrastructure, road crossings, and culverts. Arched culvert shall be used where crossings must occur. Utilities may cross washes only at the same point as roadway crossings. Wash crossings must be revegetated with plant species and seed mix native to the site.

7. Areas designated as biological linkages or natural undisturbed open space (NUOS) shall be fenced off before any adjacent development activity occurs and must remain fenced throughout construction of that portion of the development.

8. Wildlife crossing signs shall be provided where biological linkages abut roadways.

9. Biological linkages and wash areas shall be protected from the impact of pet and human activity by construction of fencing or walls. Private access from individual lots to these areas is not permitted. Public access shall only be from common areas and common area access points.

10. Natural vegetation along street frontages shall be maintained or enhanced. Areas along street frontages where natural vegetation does not exist shall be landscaped with ground cover, shrubs, cacti, and canopy trees that are native to the area.

11. A Golf Course Environmental Management Plan shall be submitted for review and approval by Parks and Recreation. The plan shall address the source of irrigation water and the types of pesticides, herbicides, and fertilizers that may be used. The plan shall include information on the anticipated effects these materials will have on plants, animals, humans, and the quality of groundwater and runoff both on-site and off-site, and techniques that will be used to mitigate negative impacts.

12. The golf course shall be irrigated with reclaimed water and water-harvesting concepts shall be incorporated into the entire project.

13. Walls and exteriors of structures shall be of colors that are predominant in the natural desert landscape. 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.

14. A drainage report shall be submitted for review and approval, including and/or addressing detention/retention, the additional development and/or density, preservation of xeroriparian intermediate (or better) habitat, and conformance of this portion of the development with the Starr Pass Master Drainage Report. Nonconformance with the Master Drainage Report will require a revision to same.

15. All mechanical equipment, storage, and parking areas shall be screened with materials compatible with the natural environment.

16. All outdoor lighting shall be directed downward away from surrounding property owners and neighborhoods.

17. "Safe by Design" concepts shall be incorporated in the development plans and/or subdivision plats for review by the Tucson Police Department.

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

19. Issuance of a building permit for construction of the proposed development based on an approved development plan in compliance with all Code requirements and conditions of rezoning by January 25, 2004.

A total of zero (0) written approvals and 275 written protests have been received. Thirty-eight (38) of the protests are located within the 300-foot notification area and twelve (12) of those protests are located within the 150-foot notification area. This results in a five (5) percent protest by area to the east and a zero (0) percent protest to the north, west and south.

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

8. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager FEB22-99-83 CITY-WIDE

9. CITY MANAGER: AMENDMENT TO ORDINANCES APPOINTING CITY MANAGER

(a) Report from City Manager FEB22-99-97 CITY-WIDE

(b) Ordinance No. 9201 relating to the City Manager; amending Ordinance Nos. 8995 and 8769 appointing Luis G. Gutierrez as City Manager.

*10. CALL TO THE AUDIENCE, for persons desiring to speak.

*11. ADJOURNMENT

The next regularly scheduled meeting of the Mayor and Council will be held on Monday, March 1, 1999, at 2:00 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.

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