1. ROLL CALL
2. INVOCATION AND PLEDGE OF ALLEGIANCE
INVOCATION - Pastor Larry W. Rosette, Pilgrim Rest Missionary Baptist Church
PLEDGE OF ALLEGIANCE - Mayor and Council, Staff and Public in Attendance
3. CONSENT AGENDA - ITEMS A THROUGH J
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. FINANCE: TENTATIVE ADOPTION OF THE 2000-2001 ANNUAL BUDGET
5. PUBLIC IMPROVEMENT: GOLF LINKS ROAD, PANTANO PARKWAY TO BONANZA AVENUE DISTRICT PAVING IMPROVEMENT
(a) Report from City Manager JUNE5-00-306 WIV
(b) Declaration of Bids received by City Clerk and the Superintendent of Streets on May 16, 2000. Recommendation for award of contract provided by Superintendent of Streets.
(c) Award of Construction Contract to Granite Construction Company.
6. APPEAL: (S-00-02) APPEAL OF SIGN CODE ADVISORY AND APPEALS BOARD DECISION - 10-130 S. HOUGHTON ROAD, BROADWAY & HOUGHTON, LLC (MONTESA PLAZA) (CITY APPEAL NO. S-00-002)
(a) Report from City Manager JUNE5-00-308 WII & WIV
(b) Applicant/Appellant: Julie Niles, of Grubb & Ellis Management Services, representing the applicant, Broadway & Houghton, LLC (Montesa Plaza).
This is an appeal of a decision of the Sign Code Advisory and Appeals Board for a variance from the Scenic Route District (Tucson Code, Section 3-4) which restricts the amount of sign area allowed. The applicant requested a variance to, (1) exceed the maximum sign area of 0.75 square feet per foot of street frontage and (2) exceed the maximum sign allowance of 100 square feet per tenant. Specifically, the applicant requested a variance to allow two (2) square feet of sign allowance per foot of frontage for the tenants/development on Houghton Road and three (3) square feet of sign allowance per foot of frontage for tenants/development on Broadway Boulevard. The requested variance would also allow a tenant to exceed their maximum sign allowance of 100 square feet.
The Board granted a partial variance to allow 1.5 square feet of sign area on Broadway Boulevard and restricted Houghton Road to 0.75 square feet, as allowed by the current Sign Code. This variance also allowed the maximum sign allowance for a tenant to be 135 square feet on both street frontages.
The applicant is now appealing to the Mayor and Council to reverse the Board's decision in this case, and grant the variances as requested. If granted, the variance would be to allow two (2) square feet of sign allowance per foot of street frontage for the tenants/development on Houghton Road, and three (3) square feet of sign allowance per foot of street frontage for tenants/development on Broadway Boulevard. The variance would also allow a tenant to exceed their maximum sign allowance of 135 square feet. The tenant sign allowance would be restricted by the amount of their tenant frontage by 2' on Houghton and by 3' on Broadway, based on the number of tenants occupying the center.
The City Manager recommends that the Mayor and Council uphold the decision made by the Sign Code Advisory and Appeals Board in Case S-00-02.
7. ZONING: (C9-00-08) CLIMATEC II - CHERRY AVENUE, R-2 TO PI, ZONING EXAMINER'S REPORT AND ORDINANCE ADOPTION
(a) Report from City Manager JUNE5-00-309 WV
(b) Report from Zoning Examiner dated May 12, 2000
(c) Request to rezone approximately 1.5 acres, located on the west side of Cherry Avenue between 15th Street and 16th Street, from R-2 to PI. Applicant: Ms. Anne Warner of Planning Resources, on behalf of the property owner, Climatec, Inc. The preliminary development plan is for two buildings with a total square footage of 16,500 on the 1.5 acre site to house an air conditioning company. The Planning Department recommends approval of PI zoning, and adoption of the ordinance presented, subject to certain conditions. The Zoning Examiner recommends approval of PI zoning, subject to certain conditions. The City Manager recommends approval of PI 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. A decorative masonry wall to be constructed as the required screen along 15th Street and 16th Street.
b. Two or more textures or materials shall be used for the exterior of the buildings.
c. Driveways on 15th and 16th Streets shall be designed to prevent westbound movements for vehicles exiting the site.
d. Striping on 15th Street at Cherry Avenue to be modified to allow for a westbound left turn lane at Cherry Avenue. Additional striping modifications may be necessary on 15th Street in the area of the new driveway opening.
e. No barbed wire, concertina wire, razor wire or other type of security wire shall be located adjacent to the north, south or east property lines.
2. A drainage report shall be submitted for review and approval, including details of retention/detention.
3. 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.
4. All outdoor lighting shall be directed down and away from residential parcels and public roadways and be as low in elevation as possible.
5. All dumpsters and loading spaces shall be placed at least fifty (50) feet from residentially zoned property.
6. Water harvesting techniques shall be utilized by conveying rooftop, parking area access lane (PAAL), and parking area drainage to designated water harvesting areas.
7. An on-the-ground survey by a qualified archeologist shall be performed before any ground modification occurs. Any archeological/cultural remains encountered during ground modification activities shall be mitigated in accordance with guidelines provided by the Arizona State Museum.
8. "Safe by Design" concepts hall be incorporated in the development plan for 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. Compliance with all Code requirements and conditions of rezoning by June 5, 2005.
(d) Ordinance No. 9396 relating to zoning: Amending zoning district boundaries in the vicinity of the west side of Cherry Avenue between 15th Street and 16th Street in rezoning Case C9-00-08 Climatec II - Cherry Avenue, R-2 to PI.
Zero (0) 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.
8. ZONING: (C9-00-05) MCGETTIGAN - 16TH STREET, I-1 TO I-2, ZONING EXAMINER'S REPORT AND ORDINANCE ADOPTION
(a) Report from City Manager JUNE5-00-310 WV
(b) Report from Zoning Examiner dated April 28, 2000
(c) Request to rezone approximately 0.97 acres located on the southeast corner of Euclid Avenue and 16th Street from I-1 to I-2 zoning. Applicant: Mr. David Shambach, on behalf of the property owner, Dr. John McGettigan. The preliminary development plan is for the addition of a Perishable Goods Manufacturing (brewery) use to the warehouse and medical lab uses in an existing 18,450 square foot warehouse building. A Special Exception Land Use request (SE-00-01 McGettigan - 16th Street) associated with this item is also scheduled on this afternoon's Mayor and Council agenda. The Planning Department recommends approval of I-2 zoning, and adoption of the ordinance presented, subject to certain conditions. The Zoning Examiner recommends approval of I-2 zoning, subject to certain conditions. The City Manager recommends approval of I-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. No additional buildings other than the grain silo.
b. If the easement is used for access, loading spaces and/or dumpsters, all portions used for access shall be paved and approved by the City Engineer.
c. Loading areas to be reviewed and approved by the City Engineer.
d. Approval of the Special Exception Land Use request (SE-00-01 McGettigan - 16th Street) for a Perishable Goods Manufacturing Use (brewery).
2. The owner/ developer shall execute an irrevocable offer to dedicate ten (10) feet of right-of-way along Euclid Avenue, exclusive of the existing building.
3. A drainage statement shall be submitted for review and approval.
4. Water harvesting techniques shall be utilized by conveying 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 outdoor lighting shall be directed down and away from residential parcels and public roadways and be as low in elevation as possible.
7. Archeological/cultural remains encountered during ground modification activities shall be mitigated in accordance with guidelines provided by the Arizona State Museum.
8. "Safe by Design" concepts shall be incorporated in the development plan for 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. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.
(d) Ordinance No. 9395 relating to zoning: Amending zoning district boundaries in the vicinity of the southeast corner of Euclid Avenue and 16th Street in Case C9-00-05 McGettigan - 16th Street, I-1 to I-2.
Zero (0) written approvals and zero (0) written protests have been received.
A simple majority vote will be necessary to authorize the rezoning and to adopt the ordinance presented, should the Mayor and Council choose to do so.
9. SPECIAL EXCEPTION LAND USE: MCGETTIGAN - 802 E. 16TH STREET, I-2 ZONE, ZONING EXAMINER'S REPORT (SE-00-01)
(a) Report from City Manager JUNE5-00-314 WV
(b) This is a request to allow for the development of a brewery in the I-2 zone. Applicant: Mr. David Shambach on behalf of the property owner, Dr. John McGettigan. The site is located on the southeast corner of Euclid Avenue and 16th Street. The preliminary development plan is for the addition of a Perishable Goods Manufacturing Use (brewery) to the warehouse and medical lab uses in an existing 18,450 square foot warehouse building.
A Perishable Goods Manufacturing Use (brewery) is allowed in the I-2 zone as a special exception with approval through a Type III Legislative procedure (Section 5.4.2.3 of the Land Use Code). This process requires a public hearing before the Zoning Examiner after which the Examiner forwards a recommendation to the Mayor and Council for a decision to grant the request with or without conditions or to deny the request. The Zoning Examiner held a public hearing on April 13, 2000, on behalf of the Mayor and Council.
The Planning Department and Zoning Examiner recommend approval of the special exception land use request, subject to compliance with the conditions approved by the Mayor and Council for the associated rezoning case C9-00-05 McGettigan - 16th Street, I-1 to I-2. The City Manager recommends approval of the Special Exception Land Use request, subject to the following condition:
1. Compliance with the conditions approved by the Mayor and Council for the associated rezoning case C9-00-05 McGettigan - 16th Street, I-1 to I-2.
Zero (0) written approvals and zero (0) written protests have been received.
A simple majority vote of the Mayor and Council will be necessary to approve the special exception land use request.
10. ELECTIONS: CANVASSING RETURNS AND DECLARING RESULTS OF THE MAY 16, 2000 BOND SPECIAL ELECTION
(a) Report from City Manager JUNE5-00-318 CITY-WIDE
(b) Resolution No. 18617 relating to elections; declaring the result of and adopting a certificate of result of the Bond Special Election held on May 16, 2000; ordering the recording of such certificate; and declaring an emergency.
11. MEMORANDUM OF UNDERSTANDING: WITH THE TOWN OF ORO VALLEY TO NEGOTIATE A RESOLUTION OF OUTSTANDING WATER RESOURCES ISSUES
(a) Report from City Manager JUNE5-00-319 OUTSIDE THE CITY
(b) Resolution No. 18618 relating to a memorandum of understanding between the City of Tucson and the Town of Oro Valley to negotiate an agreement to resolve outstanding water issues.
FOR ITEM 12 ONLY, THE MAYOR AND COUNCIL, PURSUANT TO TUCSON CODE SECTION 26-12, WILL ACT AS THE CITY’S FLOODPLAIN BOARD IN HEARING AN APPEAL OF A DECISION OF THE CITY ENGINEER UNDER THE CITY’S FLOODPLAIN AND EROSION HAZARD AREA REGULATIONS
12. PUBLIC HEARING: APPEAL TO THE FLOODPLAIN BOARD OF THE DECISION OF THE CITY ENGINEER - LA PALOMA VENTURES, LLC, TANQUE VERDE COUNTRY ESTATES SUBDIVISION AT 8741 E. WOODLAND ROAD
(a) Report from City Manager JUNE5-00-303 WII
(b) Hearing The appellant is Mr. Jeffrey H. Greenberg, representing La Paloma Ventures, LLC. The appellant is requesting a variance to allow construction of an additional residence on Lot 20.
The request is for a variance from the Floodplain Regulations to construct a 3,000 square foot residential home in the Tanque Verde Creek floodplain where the average floodwater flow is 2.5 feet deep at the site and the existing access to the home would be through floodwaters three (3) or more feet deep. Tucson Code and City Standards prohibit such construction because of safety concerns, threat to life and property considerations, and inaccessibility by emergency and conventional vehicles during times of flooding.
The City Manager recommends that the appeal and the request for variance be denied.
13. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
14. CALL TO THE AUDIENCE, for persons desiring to speak.
15. ADJOURNMENT
The next regularly scheduled meeting of the Mayor and Council will be held on Monday, June 12, 2000, at 7:30 p.m., at the Tucson Convention Center, Graham/Greenlee Rooms, 260 S. Church Avenue, Tucson, Arizona.
ADDENDUM #1
REGULAR MEETING
MONDAY, JUNE 5, 2000 - 2:00 P.M.
MAYOR AND COUNCIL CHAMBERS
(CITY HALL, 255 W. ALAMEDA, TUCSON, ARIZONA)
REGULAR AGENDA ITEM NO. 4 HAS BEEN AMENDED:
4.FINANCE: TENTATIVE ADOPTION OF THE 2000-2001 ANNUAL BUDGET
ADDENDUM #2
REGULAR MEETING
MONDAY, JUNE 5, 2000 - 2:00 P.M.
MAYOR AND COUNCIL CHAMBERS
(CITY HALL, 255 W. ALAMEDA, TUCSON, ARIZONA)
REGULAR AGENDA ITEM NO. 14 HAS BEEN ADDED:
14.REAL PROPERTY: VACATION AND EXCHANGE OF ASH AVENUE RIGHT-OF-WAY FOR STONE AVENUE
RIGHT-OF-WAY (CONTINUED FROM THE MEETING OF MAY 1, 2000)
(a)Report from City Manager JUNE5-00-321 WI
(b)Ordinance No. 9378 relating to real property; vacating and declaring certain City
property to be surplus property, and authorizing the exchange thereof for Stone Avenue, Blocks
30 and 37.
*15.CALL TO THE AUDIENCE, for persons desiring to speak.
*16.ADJOURNMENT
The next regularly scheduled meeting of the Mayor and Council will be held on Monday,
June 12, 2000, at 7:30 p.m., at the Tucson Convention Center, Graham/Greenlee Rooms, 260 S.
Church Avenue, Tucson, Arizona.
Renumbered due to added item
