[NOTE: CONSENT AGENDA ITEM NOS. 3-U AND 3-V AND REGULAR AGENDA ITEM NO. 9 HAVE BEEN ADDED.]

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Lupe Rodriguez, Agape Christian Fellowship

PLEDGE OF ALLEGIANCE - led by Cadet Troop #468

3. CONSENT AGENDA - ITEMS A THROUGH T
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: (C9-99-SP-8) JEWISH COMMUNITY CAMPUS SPECIFIC PLAN - RIVER ROAD, SR TO SP-8, ZONING EXAMINER'S REPORT AND ORDINANCE ADOPTION

(a) Report from City Manager FEB28-00-128 WIII

(b) Report from Zoning Examiner dated February 4, 2000.

(c) Request to rezone approximately 27.6 acres from SR (Restricted) to SP-8 zoning. Applicant: Mr. Michael Grassinger of the Planning Center, on behalf of the Jewish Federation. The rezoning site is located on the southeast corner of River Road and Dodge Boulevard. The request is for a mixed-use development that will include cultural, educational, administrative/office, elder residential care facilities, and recreation/open space. The Planning Department and Zoning Examiner recommend approval of the Jewish Community Campus Specific Plan and adoption of the ordinance presented, subject to the requirements and regulations provided in the Specific Plan document, and certain conditions. The City Manager recommends approval of the Jewish Community Campus Specific Plan and adoption of the ordinance presented, subject to the requirements and regulations provided in the Specific Plan document, and the following conditions:

1. A subdivision plat, in substantial compliance with the Jewish Community Campus Specific Plan, shall be submitted for review and approval.

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

3. Compliance with all Code requirements and conditions of rezoning by February 28, 2005.

(d) Ordinance No. 9354 relating to zoning: Amending zoning district boundaries in the area located on the southeast corner of River Road and Dodge Boulevard in Case No. C9-99-SP-8, Jewish Community Campus Specific Plan from SR to SP-8 zoning.

One (1) written approval and two (2) written protests have been received. This results in a ninety-two (92) percent protest to the east, a forty-one (41) percent protest to the west, and a zero (0) percent protest to the north and south.

A 3/4 majority vote of the Mayor and Council will be necessary to approve the Jewish Community Campus Specific Plan and adopt the ordinance presented rezoning the subject property to SP-8, should the Mayor and Council choose to do so.

5. PUBLIC HEARING: ZONING (C9-99-24) MURPHEY GROOM TRUST - BROADWAY BOULEVARD, R-1 TO O-2, ZONING EXAMINER’S REPORT (CONTINUED FROM THE MEETING OF FEBRUARY 14, 2000)

(a) Report from City Manager FEB28-00-116 WVI

(b) Report from Zoning Examiner dated January 21, 2000. An appeal of the Zoning Examiner's recommendation was filed by a party of record on January 18, 2000, requesting additional consideration by the Mayor and Council. The Land Use Code (LUC) requires that Mayor and Council consideration of the appeal take place in a public hearing; therefore, this item is scheduled as a public hearing.

(c) Hearing on a request to rezone approximately 1.68 acres from R-1 to O-2 zoning. Applicant: Mr. Don Laidlaw of Laidlaw Consulting, LLC, on behalf of the property owner, the Patricia Murphey Groom Revocable Trust. The rezoning site is located on the Southeast corner of Broadway Boulevard and Country Club Road. The preliminary development plan is for two (2) one-story office buildings and common patio with a gross floor area of 19,000 square 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, Elevations and 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. Building setbacks at least one hundred fifteen (115) feet from the south property line and at least seventy-five (75) feet from the east property line.

b. The buildings shall be placed as close to the corner of Broadway Boulevard and Country Club Road as possible, with parking areas located to the east and south of the structures.

c. Vehicular access from Country Club Road shall be aligned with the access to Broadway Village.

d. Electronic devices that provide 24-hour services, such as automated teller machines, shall not be permitted.

2. The design of the structures shall accurately reflect the architectural design style of Josias Joesler and the Broadway Village development. The project architect shall consult with at least one other architect who is generally acknowledged as an expert on Joesler architecture who shall provide a written evaluation of the proposed architecture. The evaluations shall be submitted for review and approval with the development plan.

The architectural style of the buildings shall be in substantial compliance with the elevations provided by the owner/applicant during the plan amendment and rezoning processes. Final elevations showing the exact materials and colors to be used for the structures and freestanding walls shall be submitted for review and approval with the development plan. The elevations shall be in general conformance with the Design Compatibility Report and comply with the following:

a. Exterior building surfaces shall be brick, burnt adobe and stucco, with accent of tile, wrought iron, decorative concrete, and treated/painted wood. Stucco shall have a smooth surface. Decorative brick patterns shall be utilized wherever possible in cornices, chimneys, and arches.

b. Light washes may be applied to stucco, block, or brick to provide an enhanced, warm appearance. Traditional Mexican style ceramic tile may be utilized in planters, window trim, and elsewhere to brighten the appearance of the building and site.

c. All tile roofs shall be of clay mission tile, chinked with mortar.

d. Windows shall be recessed with multi-paned steel sash or a similar acceptable substitute utilizing thermal-pane glass. Mirrored glass shall not be used.

e. Some building corners may be rounded, and wooden posts may be used to support porch overhangs or lintels. Extended wooden rafters and vigas may be used. Spanish Colonial type masonry features with alcoves, bay windows with tile trim, and craved wooden doors may be utilized.

3. Structures shall be limited in height to a maximum of twenty-two (22) feet above existing grade including parapets. Significant variation in rooflines shall be provided. One decorative, unoccupied tower with a maximum height of thirty-two (32) feet and a maximum cross section of fourteen (14) feet above an elevation of twenty-two (22) feet is permitted.

4. The owner/developer or his agent shall offer to conduct at least one design review workshop with the neighborhood. All property owners within three hundred (300) feet of the property and representatives of registered neighborhoods within one (1) mile of the property shall be invited. The meeting time and place should be convenient to the residents. Documentation of the meeting, which may consist of a meeting sign-in sheet and minutes or a letter from the Association, shall be submitted with the development plan.

5. Perimeter walls on the east and south property lines shall be provided as follows:

a. Eight (8) foot height adjacent to Colonia Solana lot 2A.

b. Eight (8) foot height adjacent to Colonia Solana lot 3. The additional wall height shall be designed and finished to match the existing wall.

c. Eight (8) foot height adjacent to the east 105 feet of Colonia Solana lot 9

d. Four (4) foot height along the west 85 feet of Colonia Solana lot 9.

e All masonry screen walls that are visible from the development side or from public roadways shall be a uniform color and reflective of the architectural style of the proposed development as determined acceptable by the neighborhood.

6. A one-foot no-access easement shall be provided along the south and east boundaries of the subject property, to be recorded with the CC&Rs prior to adoption of a rezoning ordinance.

7. There shall be a landscape buffer at least ten (10) feet wide inside the east and south property lines. There shall be canopy trees places fifteen (15) feet on center and shrubs and accent plants in the landscape buffers. All vegetation used for landscaping shall comply with the City’s native plant list. The owner/developer shall provide the Colonia Solana Homeowners’ Association with an opportunity to review the landscape plan. Documentation of the review, which may consist of a meeting sign-in sheet and minutes or a letter from the Association, shall be submitted with the development plan.

8. The owner/developer shall dedicate ten (10) feet of right-of-way along the Country Club frontage and a twenty-five (25) foot spandrel at the corner of Broadway Boulevard and Country Club Road.

9. The owner/developer shall install a northbound to eastbound right turn lane on Country Club Road south of Broadway Boulevard.

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

11. Water harvesting techniques shall be utilized by conveying rooftop, parking area access lane (PAAL), and parking area drainage to designated water harvesting areas.

12. All dumpsters, loading spaces, outdoor mechanical equipment, and other noise-generating uses shall be placed at least fifty (50) feet from residentially zoned or developed property. They may be located closer, provided written approval of all property owners within fifty (50) feet is submitted with the development plan.

13. Covered parking shall not be permitted within fifty (50) feet of a residential property line unless completely screened from the adjoining residential property by a wall equal in height to the eave of the parking structure.

14. Prior to City approval of freestanding signs, the owner/developer or his agent shall provide the Colonia Solana Homeowners Association with an opportunity to review proposed signage. Documentation of the review, which may consist of a meeting sign-in sheet and minutes or a letter from the Association, shall be submitted with the development plan. The following freestanding signage may be provided subject to City Sign Code regulations:

a. Entry monumentation and directional signage in the street landscape buffer.

b. Freestanding masonry and metal monument signs at the entries of Broadway Boulevard and Country Club Road. Wall signs shall be of metal, tile, or paint, and may not be illuminated. They may be flush or box mounted.

c. A monument sign identifying the Colonia Solana neighborhood in the street landscape buffer.

15. Pedestrian access shall be provided from the public right-of-way (sidewalk) along Country Club Road through or between the structure(s) to the interior on-site plaza. Appropriate easements shall be recorded for the sidewalks along the north and west sides of the site if they remain on private property.

16. The owner/developer shall provide a bus stop along Broadway Boulevard. It shall be designed to reflect the style of the structures on the site. The owner/developer or his agent shall provide the Colonia Solana Homeowners’ Association with an opportunity to review the design of the bus stop. Documentation of the review, which may consist of a meeting sign-in sheet and minutes or a letter from the Association, shall be submitted with the development plan. Documentation of approval of the location by the Department of Transportation shall be submitted with the development plans. Appropriate easements shall be recorded as required.

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

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

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

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

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

One (1) written approval and one (1) written protest have been received. The protest is located outside of the notification area and alludes to increased traffic on Broadway Boulevard and Country Club Road. This results in a zero (0) percent protest by area.

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. PUBLIC HEARING: ZONING (C9-90-17) ENIGMA PROPERTIES - IRVINGTON ROAD, C-2 ZONE CHANGE OF APPROVED DEVELOPMENT PLAN AND ORDINANCE ADOPTION (CONTINUED FROM THE MEETING OF FEBRUARY 14, 2000)

(a) Report from City Manager FEB28-00-125 WI

(b) Hearing on a request to consider a change of development plan for a previously approved rezoning case. Applicant: Mr. Frank Bangs of Lewis and Roca LLC, on behalf of the property owner, Irvington-Prescott, LLC, and the developer, the Barclay Group. The development plan is for the West Point Crossing Shopping Center located on approximately 52.2 acres at the southwest quadrant of Interstate Highway I-19 and Irvington Road. The revised preliminary development plan proposes reducing the originally approved gross floor area of 588,000 square feet to approximately 515,000 square feet and eliminating one of the proposed large retail establishments.

A public hearing is required because the request has been submitted by the applicant as a substantial change of the originally approved concept plan/development plan and it has been more than five (5) years since the original public hearing.

The Planning Department recommends approval of the proposed revisions to the West Point Crossing Shopping Center development plan, the change of the applicable conditions and adoption of the ordinance presented, subject to certain revised conditions of rezoning. The City Manager recommends approval of the revisions to the West Point Crossing Shopping Center development plan and adoption of the ordinance presented, subject to the following revised conditions of rezoning.

1. An approved development plan, in substantial compliance with the revised preliminary development plan, is to be submitted for review and approval in accordance with Section 5.3.823-409 of the Tucson Land Use Code (LUC), including, but not limited to:

a. all landscaping to be drought tolerant and/or native vegetation, consisting of trees, shrubs, and groundcover incorporating xeriscape design and water conservation techniques;

b. a pedestrian system of concrete or brick sidewalks which connect all pads, parking areas, and public streets;

c. all mechanical equipment, outside storage areas, and dumpster locations to be screened;

d. project signage within the Freeway System Sign Zone to be incorporated into the proposed enhanced landscape areas, as indicated on the submitted concept plan;

e. billboards prohibited;

f. all signage limited to those identifying the name, business, and products of the person or firm occupying the premise and those offering the premises for sale or lease; and

g. signage prohibited from building exteriors exposed to I-19 and the linear park consistent with the Sign Code.

2. Installation of fire hydrants to comply with the Tucson Fire Code.

3. A bus stop constructed to Sun Tran specifications, and to provide for shade trees and this development is to have uniformity of architectural design, materials, and signage.

4. The number of drive-through facilities to be determined by the City Traffic Engineer with the design and location reviewed for safety, accessibility, and stacking requirements, per adopted Mayor and Council policy.

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

6. Dedication of all necessary drainageways as per the approved drainage report.

7. Compliance with all current floodplain regulations demonstration of compliance with the Interim Watercourse Improvement Policy to the satisfaction of the City Engineer. Bottom of wash to be left in natural state.

8. Formalize the vacation request for Calle Santa Cruz Place right-of-way. A new ingress/egress easement over the project's P.A.A.L. system to the existing well site must be identified on the plan and dedicated acceptable to Tucson Water.

9. The northernmost access to Calle Santa Cruz a minimum of 150 feet from the Irvington Road and Calle Santa Cruz intersection.

10. Access to Irvington Road limited to the three access points with westernmost access a minimum of 200 feet from the Irvington Road and Calle Santa Cruz intersection.

11. Installation of a right-turn lane along Irvington Road to serve the main (easterly) Irvington Road entrance.

12. Closure of rezoning case C9-85-51.

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

14. An enhanced landscape scheme, including, but not limited to, the following elements:

a. canopy trees and shrubs at one tree per 400 square feet and one shrub per 50 square feet in a 20 foot wide area adjacent to I-19;

b. native trees, shrubs, cacti, hydroseeded flowers, and ground-covers along the drainage channel along Irvington Road;

c. trees, shrubs and ground-covers at one tree per 500 square feet and one shrub per 40 square feet along the Irvington Road frontage;

d. drought-tolerant vegetation with one tree per 100 square feet and one shrub per 30 square feet in a 20 foot wide area along Calle Santa Cruz adjacent to the Santa Cruz Linear River Park;

e. landscaped areas with one tree per 500 square feet and one shrub per 50 square feet throughout the project site; and

f. canopy trees in the landscaped areas around the drive-through areas.

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

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

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

17. Water harvesting techniques shall be utilized by conveying rooftop, parking area access lane (PAAL), and parking area drainage to designated water harvesting areas.

18. 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.

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

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

(c) Ordinance No. 9351 relating to zoning: Amending conditions on property located in the vicinity of the southwest corner of Interstate Highway I-19 and Irvington Road in Rezoning Case No. C9-90-17 Enigma Properties - Irvington Road, and Superseding Ordinance No. 8384.

At the time of the last Mayor and Council action on October 24, 1994, there were three (3) written approvals and two (2) written protests. All of the approvals and protests were located within the 150 foot notification area. Because of the age of the case, the approval/protest map and individual protest and approval forms are no longer available.

A simple majority vote was required to adopt the original ordinance in 1994, so a simple majority vote will be necessary for the Mayor and Council to approve the proposed revisions to the West Point Crossing Shopping Center development plan. Since an ordinance for this case was originally adopted by Mayor and Council, a new ordinance is being forwarded for adoption, should the Mayor and council choose to approve this request.

7. PUBLIC HEARING: BINGO LICENSE - SABBAR TEMPLE, 450 SOUTH TUCSON BOULEVARD, CITY NO. 148

(a) Report from City Manager FEB28-00-117 WV

SABBAR TEMPLE, 450 South Tucson Boulevard, Applicant: Roland H. Miller, City No. 148

(b) Hearing

The City Manager recommends that the application be forwarded to the State Tax Commission for approval, subsequent to the hearing by Mayor and Council.

8. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager FEB28-00-107 CITY-WIDE

9. ZONING: (C9-97-27) KGAM LIMITED – BROADWAY BOULEVARD, R-1 TO P, ORDINANCE ADOPTION

(a) Report from City Manager FEB28-00-133 WVI

(b) Request to rezone 3.0 acres from R-1 to P zoning located 400 feet north of Broadway Boulevard east of Indian House Road and is the northern portion of a nine (9) acre parcel. Applicant: Dave Evans and Associates on behalf of the property owners, KGAM Limited. The preliminary development plan is for a surface parking lot of approximately 235 spaces to be used in conjunction with future commercial development on the existing C-1 zoned property to the south fronting Broadway Boulevard. The Planning Director and the City Manager recommend the subject ordinance be adopted.

(c) Ordinance No. 9356 relating to zoning: Amending zoning district boundaries in the area located approximately 400 feet north of Broadway Boulevard east of Indian House Road in case C9-97-27 KGAM Limited – Broadway Boulevard, R-1 to P.

Twenty-one (21) written approvals and five (5) written protests were received for this case. One (1) protest is located within the 150 foot notification area, representing a 15.0 percent protest by area to the north, a 3.5 percent protest by area to the west, and a zero (0) percent protest to the south and east.

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

*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 6, 2000, at 2:00 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.

*Renumbered due to added item.