1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION – Pastor Judy Marvel, Rosemont Community Church

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

3. CONSENT AGENDA - ITEMS A THROUGH J

FOR COMPLETE DESCRIPTION OF ITEMS, SEE CONSENT AGENDA (linked below)

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: (C9-98-23) McMAHON – SWAN ROAD, R-1 TO O-2, ORDINANCE ADOPTION

(a) Report from City Manager NOV15-99-599 WII

(b) Request to rezone property located approximately 290 feet west of Swan Road and 360 feet south of Fort Lowell Road. The development plan is for a one-story office building within a larger office/restaurant/retail project with approximately 24,900 square feet of existing buildings and 16,720 feet of proposed buildings on 4.85 acres. Applicant: Frank Thomson of the Planning Center on behalf of McMahon Properties. The Planning Director recommends adoption of the ordinance presented. The City Manager recommends adoption of the ordinance presented.

(c) Ordinance No. 9314 relating to zoning: Amending zoning district boundaries in the area located approximately 290 feet west of Swan Road and 360 feet south of Fort Lowell Road in case C9-98-23 McMahon – Swan Road, R-1 to O-2.

Five (5) written approvals and twenty-seven (27) written protests were received. Ten (10) protests were located within the 150 foot notification area. The protests result in a 22.5 percent protest by area to the north, 46.2 percent protest by area to the south, 8.5 percent protest by area to the east, and 74.7 percent protest to the west.

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

5. ZONING: (C9-99-14) KAUFMAN & BROAD – BONANZA AVENUE, SR TO R-1, ZONING EXAMINER'S REPORT

(a) Report from City Manager NOV15-99-601 WIV

(b) Report from Zoning Examiner dated October 15, 1999

(c) This is a request by Mr. Mike Grassinger of the Planning Center on behalf of the property owner, the Martin Scheinkman Revocable Trust, and the developer, Kaufman and Broad, to rezone approximately 10.0 acres from SR to R-1 zoning. The rezoning site is located west of the Bonanza Road alignment and directly south of Dunham School. The preliminary development plan is for 40 one-story, single-family residences utilizing the Residential Cluster Project option for a density of 4.0 units per acre. The Zoning Examiner and the Planning Department recommend approval of R-1 zoning, subject to certain conditions. The City Manager recommends approval of R-1 zoning, subject to the following conditions.

1. A subdivision plat, in substantial compliance with the Preliminary Development Plan, the Environmental Resource Report, and Design Compatibility Report, is to be submitted for review and approval in accordance with Section 4.1.0 of the LUC, including, but not limited to:

a. All structures to be one-story with a maximum building height of sixteen (16) feet.

b. The 100-year floodplain of the wash across northern portion of the parcel shall be maintained in a natural condition with the exception of pedestrian trails, including preservation of xeroriparian intermediate, or better, habitat.

c. Pedestrian trails shall be provided along the north bank of the wash and along the northern boundary of the subdivision.

d. Recordation of the Community Contract and Dunham School agreement.

2. The owner/developer shall install the east curb and sidewalk and an all-weather drainage crossing along Bonanza Avenue from Golf Links Road north to the rezoning site. In lieu of permanent improvements to Bonanza Avenue, the owner/developer shall have the option of contributing funds to an escrow account to be used to cover the fair share costs of future typical street improvements (pavement, curbs, sidewalks, drainage structures, etc.) in the vicinity of this property. An in-lieu contribution of $725.00 per lot is appropriate for this single-family subdivision. This in-lieu amount could be reduced by the amount the developer spends on permanent improvements to off-site roadways.

3. A drainage report shall be submitted for review and approval, including retention/detention calculations/requirements.

4. Water harvesting techniques shall be incorporated in all new development by conveying all rooftop, parking area access lane (PAAL) and parking area drainage to designated water harvesting areas.

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.

6. All new construction shall utilize earthtone colors and materials. Brighter colors may be used for accent.

7. All areas identified as undisturbed open space shall be fenced off and protected prior to any on-site development activity.

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

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

10. Archeological/cultural remains encountered during ground modification activities shall be mitigated in accordance with guidelines provided by the Arizona State Museum.

11. "Safe by Design" concepts shall be incorporated for review by the Tucson Police Department.

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

13. Recordation of a final plat for construction of the proposed development in compliance with all Code requirements and conditions of rezoning by November 15, 2004.

One (1) written approval and two (2) written protests have been received. Both of the protests are located within the 150 foot notice area resulting in a protest by area of 7.9 percent to the west, 13.6 percent to the south and zero percent to the north and east.

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

6. ZONING: (C9-99-17) NAOMI MILLSTONE TRUST – INTERSTATE 10, R-2 TO C-2, ZONING EXAMINER'S REPORT

(a) Report from City Manager NOV15-99-605 WI

(b) Report from Zoning Examiner dated October 29, 1999

(c) This is a request by Mr. Michael Marks of MJM Consulting Inc., on behalf of the property owner, Naomi Millstone Trust, to rezone approximately 0.74 acres from R-2 to C-2 zoning. The zoning site is located on the southwest corner of the Interstate 10 Frontage Road and Simpson Street (AKA Mission Lane). The preliminary development plan is for a 7,350 square foot, twenty (20) foot high rigid tent-like structure and associated parking in connection with the Gem and Mineral Show. The Zoning Examiner and the Planning Department recommend approval of C-2 zoning, subject to certain conditions. The City Manager recommends approval of C-2 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. All areas not landscaped shall be surfaced in some manner for dust control purposes.

b. Vehicular egress from the rezoning site onto Simpson Street shall be signed or otherwise designated right turn only.

c. No access to the Interstate 10 Frontage Road without written approval from the Arizona Department of Transportation. A current ADOT construction permit shall be provided to the City prior to development plan approval.

d. The landscape plan shall include provisions for permanent (year-around) maintenance of the required landscaping.

e. All structures shall utilize earthtone colors. Brighter colors may be used as accent only.

f. No chain link fencing shall be permitted.

2. The owner/developer shall install curb, sidewalk and necessary pavement along the Simpson Street frontage of the rezoning site.

3. A hydrology report shall be submitted for review and approval.

4. Water harvesting techniques shall be employed by conveying all parking area access lane (PAAL) and parking area drainage to designated water harvesting areas.

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.

6. The access drive(s) shall be secured against vehicular access when not in use by a gate, bollards, or similar methods. Temporary measures such as concrete wheel stops are not acceptable.

7. All outdoor lighting shall be directed down and away from adjacent residential parcels and public roadways and be as low in elevation as possible.

8. An on-the-ground survey by a qualified archeologist shall be performed before any ground modification occurs, and if any remains are found, a data recovery program approved by the Arizona State Museum shall be performed.

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

10. Construction of a permanent structure or the use of the property for any use not specifically related to the Gem and Mineral Show as indicated in the Design Compatibility Report shall be deemed a major change to the concept plan requiring a public hearing before the Mayor and Council.

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. Site verification of compliance with all Code requirements and conditions of rezoning based on an approved development plan by November 15, 2000.

(d) Ordinance No. 9315 relating to zoning: Amending zoning district boundaries in the vicinity of the southwest corner of the Interstate 10 Frontage Road and Simpson Street in case C9-99-17 Naomi Millstone Trust – Interstate 10, R-2 to C-2.

Three (3) written approvals and zero (0) written protests have been received.

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

7. PRE-ANNEXATION AND DEVELOPMENT AGREEMENT: WITH IMATION CORPORATION FOR A FOREIGN-TRADE SUBZONE APPLICATION TO THE FOREIGN-TRADE ZONES BOARD

(a) Report from City Manager NOV15-99-604 CITY-WIDE

(b) Resolution No. 18432 relating to annexation; authorizing and approving the execution of a Pre-Annexation and Development Agreement between the City of Tucson and Imation.

8. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY FOR ACQUISITION AND OPERATION OF A SHARED COMPUTER SYSTEM FOR DEVELOPMENT-RELATED PERMIT PROCESSES.

(a) Report from City Manager NOV15-99-391 CITY-WIDE

(b) Resolution No. 18434 relating to development services; authorizing the execution of a second intergovernmental agreement between Pima County and the City of Tucson for acquisition and operation of a shared computer system for development-related permit processes.

9. PUBLIC HEARING: AMENDING TUCSON CODE (CHAPTER 6) RELATING TO THE DIFFERENTIAL GRADING ORDINANCE

(a) Report from City Manager NOV15-99-606 CITY-WIDE

(b) Hearing

(c) Ordinance No. 9317 relating to building safety; amending the differential grading criteria contained in the Uniform Building Code adopted by Ordinance No. 9155.

10. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager NOV15-99-600 CITY-WIDE

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

12. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, November 22, 1999, at 7:30 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.