Mayor and Council Agendas for

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Roy Bailey, Columbia Street Baptist Church

PLEDGE OF ALLEGIANCE - led by Brownie Troop #156

PRESENTATIONS

(a)Certificate of Appreciation - presented to Bill Ivy in recognition of his dedication as a Neighborhood Watch leader for the past seventeen years

(b)Performance by the Tucson Girls Chorus

3. CONSENT AGENDA - ITEMS A THROUGH K

FOR COMPLETE DESCRIPTION OF ITEMS

SEE ATTACHED 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: (C9-97-11) DOWNTOWN DEVELOPMENT CORPORATION - 5TH AVENUE, R-3 TO C-2, C-3 AND P, MODIFICATION OF CONDITION

(a) Report from City Manager MARCH22-99-140 WVI

(b) Request to consider a modification of a condition of rezoning for the International Arts Center located on the east and west sides of 5th Avenue, north of 6th Street. Applicant: Mr. Roy Noggle on behalf of Enseeko LLC. The preliminary development plan is for a mix of residential, art studio, rehearsal, performance, art gallery, restaurant, and office uses within the former Lohse YMCA and adding a 40-space parking lot on the west side of 5th Avenue. The Planning Department supports the request to modify rezoning condition No. 5 to require that only the screen walls for the north parking lot be completed in phase I and that the remainder of the parking lot improvements and the development of the parking lot on the west side of 5th Avenue occur prior to the approval of any phase III development. The City Manager recommends approval of the modification to rezoning condition No. 5 and adoption of the ordinance presented, subject to the following revised conditions of rezoning.

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. No building expansion is allowed.

b. The parking must be provided substantially as shown on the revised concept plan. The parking and access design must be reviewed for impact on the surrounding residential uses.

2. The owner shall agree to an Irrevocable Offer to dedicate a 25-foot radius spandrel at the southeast corner of 5th Street and 5th Avenue.

3. The owner shall close all unused curb cuts; replace all damaged sidewalk; install new curb access ramps, as necessary; and provide a continuous sidewalk system.

4. The applicant/owner shall coordinate appropriate signage with the Traffic Engineering Division.

MODIFY 5. All parking areas and associated landscaping except for the west parking lot, shall be completed in the first phase. The west lot shall be completed prior to the completion of phase II.prior to the approval of any phase III development. The screen walls required for the parking lot north of the existing building shall be completed in phase I.

6. Outdoor/security light shall be shielded and directed away from adjacent residential uses.

7. Refuse dumpsters and loading spaces shall be located a minimum of 50 feet away from any residentially zoned properties.

8. Any required or proposed masonry screen walls shall be constructed with graffiti-resistant materials and shall be maintained in a graffiti-free condition.

9. A drainage report addressing detention and threshold retention shall be submitted.

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

11. No loudspeakers or live music shall be allowed outside the building.

12. Traffic control devices acceptable to the City shall be placed on 5th Avenue to restrict access north into the residential neighborhood.

13. Any future change of the parking area to a sculpture garden or other use will require a new public hearing and approval of the Mayor and Council.

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

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

(c) Ordinance No. 9208 relating to zoning: Amending certain rezoning conditions for property in the vicinity of the east and west sides of 5th Avenue north of 6th Street in Rezoning Case C9-97-11, DDC - 5th Avenue, R-3 to C-2, C-3 and P.

Fifteen (15) written approvals and one (1) written protest were originally received. The one protest was within the 150-foot notification area. This protest represents a 12.0 percent protest by area to the east and a zero (0) percent protest to the north, west and south.

A simple majority vote was originally required to adopt the ordinance rezoning the property from R-3 to C-2, C-3 and P. Therefore, a simple majority vote will also be necessary to approve the requested modification to rezoning condition No. 5.

5. ZONING: (C9-98-35) SKJERSETH - FORT LOWELL ROAD, R-2 TO C-1, ZONING EXAMINER’S REPORT AND ORDINANCE ADOPTION

(a) Report from City Manager MARCH22-99-141 WIII

(b) Report from Zoning Examiner dated February 26, 1999

(c) Request to rezone approximately 0.65 acres located on the south side of Fort Lowell Road approximately 300 feet east of Campbell Avenue from R-2 to C-1 zoning. Applicant: Evergreen Devco, Inc., on behalf of the property owners, B. A. and Christine Skjerseth. The preliminary development plan includes the rezoning site as part of a larger project (2.17 acres total) at the southeast corner of Campbell Avenue and Fort Lowell Road which is proposed for a 13,940 square-foot Walgreens Drug Store. The Planning Department recommends approval of C-1 zoning and adoption of the ordinance presented, subject to certain conditions. The Zoning Examiner recommends approval of C-1 zoning, subject to certain conditions. The City Manager recommends approval of C-1 zoning and adoption of the ordinance presented, subject to the following conditions:

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

a. A pedestrian access route from Fort Lowell Road to the main entrance of the building as indicated on the revised preliminary development plan.

b. Full integration of the parking and pedestrian access between the new building and the existing restaurant.

c. Colors, materials, rooflines and building relief as indicated on the revised preliminary development plan.

d. A six-foot high decorative masonry wall adjacent to residentially zoned properties.

2. The owner/developer shall dedicate right-of-way (including intersection widening) along the Fort Lowell Road frontage of the rezoning site per the Major Streets and Routes Plan.

3. Any unused curb cuts on the development site shall be closed at the developer’s expense.

4. A drainage report shall be submitted for review and approval, 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. A maximum of one monument sign shall be allowed on the project site. Building signage shall be based on the revised elevation plans dated February 10, 1999, and shall be limited to approximately 26% of the signage area allowed by the Tucson Sign Code.

7. Lighting shall be low sodium, shielded and directed away from streets and residentially zoned parcels, and no more than 25 feet in height.

8. "Safe by Design" concepts shall be incorporated in the development plan 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. 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 March 22, 2004.

(d) Ordinance No. 9214 relating to zoning: Amending zoning district boundaries in the vicinity of the south side of Fort Lowell Road approximately 300 feet east of Campbell Avenue in case C9-98-35 Skjerseth - Ft. Lowell Road, R-2 to C-1 (Ward 3).

Five (5) written approvals and one (1) written protest have been received. The one protest is located outside of the 150-foot notification area.

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

6. ZONING: (C9-98-36) CATHOLIC COMMUNITY SERVICES - SPEEDWAY BOULEVARD, R-2 AND P TO O-3, ZONING EXAMINER’S REPORT AND ORDINANCE ADOPTION

(a) Report from City Manager MARCH22-99-144 WVI

(b) Report from Zoning Examiner dated February 26, 1999

(c) Request to rezone approximately 1.18 acres located on the north side of Speedway Boulevard between 10th Avenue and Queen Avenue from R-2 and P to O-3 zoning. Applicant: Catholic Community Services on behalf of the property owners, the Roman Catholic Church, Diocese of Tucson, and State Board of Community Colleges of Arizona (Pima Community College). The preliminary development plan is for the development of the entire block north of Speedway Boulevard between 10th Avenue and Queen Avenue, with the exception of the existing maintenance building, into a parking lot for St. Elizabeth of Hungary Clinic and Catholic Community Services. The proposal will require abandonment of 10th Avenue, the alley between 10th Avenue and Queen Avenue, and the reconfiguration of Queen Avenue to serve as access to this project and as primary access to Pima Community College. The right-of-way vacation is being pursued through the Department of Transportation. The Planning Department recommends approval of O-3 zoning and adoption of the ordinance presented, subject to certain conditions. The Zoning Examiner recommends approval of O-3 zoning, subject to certain conditions. The City Manager recommends approval of O-3 zoning and adoption of the ordinance presented, 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 for review and approval in accordance with Section 5.3.8 of the LUC, including, but not limited to:

a. No vehicular access to Speedway Boulevard between Queen Avenue and Perry Avenue.

b. All parking and maneuvering requirements are to be met on-site.

2. The owner/developer shall dedicate right-of-way as indicated on the preliminary development plan or as otherwise mutually agreed upon by the owner/developer and the Department of Transportation.

3. The owner/developer shall coordinate with the Department of Transportation to facilitate the vacation of 10th Avenue and the alley between 10th Avenue and Queen Avenue.

4. The owner/developer shall coordinate with the Department of Transportation to facilitate the development of a multi-use path (bicycle and pedestrian).

5. The owner/developer shall close any unused curb cuts and repair any damaged or missing sidewalks.

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

7. A site monitor shall be present during any land modification activities.

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

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. 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 March 22, 2004.

(d) Ordinance No. 9210 relating to zoning: Amending zoning district boundaries in the vicinity of the north side of Speedway Boulevard between 10th Avenue and Queen Avenue in case C9-98-36 Catholic Community Services - Speedway Boulevard, R-2 and P to O-3 (Ward 6).

Four (4) written approvals and one (1) written protest have been received. The one protest is located outside of the 150-foot notification area.

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

7. PUBLIC HEARING: MAJOR STREETS AND ROUTES PLAN AMENDMENT, RECLASSIFYING A PORTION OF OLD SPANISH TRAIL FROM A GATEWAY TO A SCENIC ROUTE

(a) Report from City Manager MARCH22-99-130 WII & WIV

(b) Hearing.

(c) Ordinance No. 9212 relating to planning and zoning; amending the Tucson Code Chapter 23, the Land Use Code, designating a portion of Old Spanish Trail as a Scenic Route on the Major Streets and Routes Plan, and setting an effective date.

The City Manager recommends that the ordinance presented to reclassify Old Spanish Trail from 22nd Street east to Houghton Road as a Scenic Route be approved.

8. PUBLIC HEARING: MAJOR STREETS AND ROUTES PLAN AMENDMENT, RECLASSIFYING HOUGHTON ROAD FROM A GATEWAY TO A SCENIC ROUTE

(a) Report from City Manager MARCH22-99-131 WII & WIV

(b) Hearing.

(c) Ordinance No. 9213 relating to planning and zoning; amending the Tucson Code Chapter 23, the Land Use Code, designating all of Houghton Road within the City limits as a Scenic Route on the Major Streets and Routes Plan, and setting an effective date.

The City Manager recommends that the ordinance presented to reclassify Houghton Road a Scenic Route be approved.

9. PUBLIC HEARING: TUCSON CODE AMENDING (CHAPTER 23) LAND USE CODE RELATING TO MODIFICATIONS TO PLAN AMENDMENT AND REZONING PROCESSES

(a) Report from City Manager MARCH22-99-142 CITY-WIDE

(b) Hearing.

(c) Ordinance No. 9211 relating to planning and zoning; amending the Tucson Code Chapter 23, the Land Use Code, Article V. Administration, Division 4. Procedures, and establishing an effective date.

The City Manager recommends adoption of the ordinance presented.

10. PUBLIC HEARING: ZONING (C15-98-06) ESTABLISHING ORIGINAL CITY ZONING FOR THE OLD SPANISH TRAIL/AVENIDA LOS REYES ANNEXATION DISTRICT

(a) Report from City Manager MARCH22-99-143 WIV

(b) Hearing.

(c) Ordinance No. 9209 relating to zoning; establishing original City zoning for approximately 10.23 acres generally located in an area south of Old Spanish Trail, east of the City limits and north of the Golf Links Road Alignment, which was annexed to the City of Tucson by Ordinance No. 9145, adopted on January 4, 1999; and specifying an effective date.

The City Manager recommends adoption of the ordinance presented establishing original City zoning within the annexation district.

11. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a)Report from City Manager MARCH22-99-135 CITY-WIDE

12. LIQUOR LICENSE: RECONSIDERATION OF CITY NO. 146-98, ASADERO LAS PALMAS 3, DENIED FEBRUARY 8, 1999

(a) Report from City Manager MARCH22-99-149 WV

(b) ASADERO LAS PALMAS 3, Applicant: Jose I. Lopez, 4820 S. 6th Ave., NEW LICENSE, Series 12, City No. 146-98, WV


ONE PROTEST RECEIVED JANUARY 7, 1999

1. MOTION to reconsider Liquor License City No. 146-98

2. MOTION to forward Liquor License City No. 146-98 to the State Liquor Board with a recommendation for approval/denial

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

14.ADJOURNMENT

The next regularly scheduled meeting of the Mayor and Council will be held on Monday, April 5, 1999, at 2:00 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.

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