1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Roy Guinn, Spanish Trail Lutheran Church

PLEDGE OF ALLEGIANCE - Mayor and Council, Staff and Public in Attendance
PRESENTATIONS:
(a) Certificate of Appreciation - presented to Danielle Primavera for heroic efforts in deterring what could have resulted in a tragic situation

3. CONSENT AGENDA - ITEMS A THROUGH JJ

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. REAL PROPERTY: SALE AND CONVEYANCE OF 240 NORTH COURT AVENUE TO PIMA COUNTY/TUCSON WOMEN'S COMMISSION

(a) Report from City Manager AUG7-00-469 CITY-WIDE

(b) OPTION A (with reversionary clause)

Ordinance No. 9442 relating to real property; authorizing the sale of certain City-owned real property.

OPTION B (without reversionary clause)

Ordinance No. 9442 relating to real property; authorizing the sale of certain City-owned real property.

5. TUCSON CODE: AMENDING (CHAPTER 6) RELATING TO SLUMLORD TASK FORCE ORDINANCE

(a) Report from City Manager AUG7-00-479 CITY-WIDE

(b)Ordinance No. 9445 relating to slum properties; amending the Tucson Code, Chapter 6, Buildings, Electricity, Plumbing, and Mechanical Code, Article III, Buildings, Division 2, Dangerous Buildings Code, Section 6-66, Dangerous Building Code Adopted.

6. APPOINTMENTS TO BOARDS, COMMITTEES AND COMMISSIONS

(a) Report from City Manager AUG7-00-458 CITY-WIDE

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

AT THIS TIME THE MAYOR AND COUNCIL

WILL RECESS THE AFTERNOON MEETING

AND RECONVENE AT 7:30 P.M.

RECONVENE REGULAR MEETING AT 7:30 P.M.

ROLL CALL

PRESENTATIONS:

Presentation – by the young people involved in the Jesse Owens Skate Park Project

Certificates of Appreciation – "2000 Affirmative Action Award" certificates presented to PAA Architects & Planners, Inc., Collins-Piña Consulting Engineers, Inc. and to MMLA, Inc.

8. ZONING: (C9-00-05) MCGETTIGAN - 16TH STREET, I-1 TO I-2, ZONING EXAMINER'S REPORT AND ORDINANCE ADOPTION (CONTINUED FROM THE MEETING OF JULY 10, 2000)

(a) Report from City Manager AUG7-00-461 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 today'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) (CONTINUED FROM THE MEETING OF JULY 10, 2000)

(a) Report from City Manager AUG7-00-462 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. ZONING: (C9-85-95) 22^ND STREET/PANTANO ROAD ANNEXATION AREA– EASTSIDE RESEARCH AND COMMERCE PARK, I-1 ZONE, CHANGE OF CONDITION AND ORDINANCE ADOPTION

(a) Report from City Manager AUG7-00-468 WIV

(b) Request to consider the modification of a condition of zoning on lots 5, 6, and 9 of the Eastside Research and Commerce Park. Applicant: Mr. Jim Portner of Projects International, Inc., on behalf of the property owner Rincon Research Corporation. The property is located south of 22^nd Street and east of Pantano Road. The applicant is requesting that Mayor and Council modify a condition of zoning that restricts the height limitation on principal structures to thirty-five (35) feet. The proposed development is for three (3) new office buildings that will be thirty-five (35) feet or less in height and three (3) new ten (10) meter satellite dish antennae that will be approximately fifty (50) feet in height. The Planning Department recommends approval of the modification to allow the three satellite dish antennae to be constructed at a fifty (50) foot in conjunction with the office development of lots, 5, 6, and 9 of Eastside Research and Commerce Park, subject to certain conditions. The City Manager recommends Mayor and Council approve the requested modification and adopt the ordinance presented, thereby allowing the three (3) satellite dish antennae to be constructed at a height of fifty (50) foot in conjunction with the office development of lots 5, 6, and 9 of Eastside Research and Commerce Park, subject to all applicable conditions of Ordinance No. 6503, all applicable City Code requirements, and the following conditions.

(1)The three proposed satellite antennae dishes shall not exceed fifty (50) feet in height. All other structures shall not exceed thirty-five (35) feet in height.

(2)The applicant is required to meet with the adjacent property owners and representatives of the Eastside Research and Commerce park (if applicable) to review the location and design of the dish antenna. If adjacent property owners raise concerns about the screening and buffering of the three satellites from adjacent parcels, the satellite dishes should be relocated between the on-site 15,000 and 45,000 square foot office buildings.

(c) Ordinance No. 9441 relating to zoning: Amending certain conditions for property zoned I-1 in the vicinity south of 22^nd Street and east of Pantano Parkway (Eastside Research and Commerce Park, Lots 5, 6 and 9) in Case No. C9-85-95 (22^nd Street/Pantano Parkway Annexation Area).

The applicant indicated that they have contacted the surrounding property owners and received no objections for the request. No other protests or approvals have been received.

A simple majority vote will be necessary to approve the request, should the Mayor and Council choose to do so.

11. ZONING: (C9-00-11) WALGREEN'S – HOUGHTON ROAD, SR TO C-1, ZONING EXAMINER'S REPORT

(a) Report from City Manager AUG7-00-470 WII

(b) Report from Zoning Examiner dated July 28, 2000.

(c) Request to rezone approximately 2.59 acres of property located on the northeast corner of Houghton Road and Broadway Boulevard, from SR to C-1 zoning. Applicant: Mr. Charlie Deans of Planners Ink, on behalf of the property owner, Walgreens. The preliminary development plan is for a new 15,200 square foot Walgreens store. The Planning Department and Zoning Examiner recommend approval of C-1 zoning, subject to certain conditions. The City Manager recommends approval of C-1 zoning, subject to the following conditions.

1. A development plan, in substantial compliance with the Preliminary Development Plan and the Design Compatibility Report (DCR) and Environmental Resource Report (ERR), shall be submitted for review and approval in accordance with Section 5.3.8 of the LUC, including, but not limited to:

a. A minimum of twenty (20) percent of the site shall be maintained as open space. (Revegetated portions of the detention/retention areas may be counted toward this requirement).

b. Building rooflines shall be varied.

c. Landscaping located within the Houghton Road right-of-way (depending on final cross section design) is subject to Department of Transportation approval. If landscaping is designed to undulate, no more than fifteen (15) foot at any one location and an average of no more than ten (10) feet will be allowed in the right-of-way.

2. The owner/developer shall dedicate right-of-way, per the Major Streets and Routes Plan, for Broadway Boulevard and Houghton Road, as required.

3. The owner/developer shall provide a minimum six (6) foot wide pathway or sidewalk on both Broadway Boulevard and Houghton Road in the standard locations. The existing 4-cell box culvert shall be extended to provide for the pathway or sidewalk and clear zone behind the curb. In locations where pathway or sidewalk is located behind the curb and serves as sole pedestrian access, it shall be ADA compliant.

4. The owner/developer shall widen Houghton Road to provide for deceleration left turn and right turn lanes with the required pavement taper transitions for the access opening.

5. The owner/developer shall widen Broadway Boulevard to provide a bike lane and a continuous right turn deceleration/acceleration lane for the access drive into the site and at the intersection of Broadway Boulevard and Houghton Road traffic signal.

6. The owner/developer shall modify the traffic signal at Broadway Boulevard and Houghton Road as needed to accommodate the required improvements to those streets.

7. The owner/developer shall agree to participate in any improvement district formed for the purpose of future improvements to Houghton Road and Broadway Boulevard and to accept such assessments that would typically be levied against the property.

8. A drainage report shall be submitted for review and approval, including retention/detention calculations/requirements. All requirements of the Houghton East Basin Plan shall be strictly complied with.

9. The 100-year floodplain of the Coronado Ridge Wash (an ERZ wash) shall be preserved in its entirety due to the presence of riparian habitat within this corridor as identified on the official riparian habitat map. Any disturbance to the Resource corridor adjacent to the 100-year floodplain shall only be performed in accordance with an approved mitigation plan prepared in compliance with Sec. 2.8.6.5.D of the City of Tucson Land Use Code, Article II, Division 8, ERZ. Furthermore, all requirements of the Houghton East Basin Management Plan shall be complied with.

10. The Coronado Ridge Wash and the adjacent riparian habitat corridor shall be preserved in compliance with the Interim Watercourse Improvement Policy (IWIP).

11. Any required or proposed masonry screen walls shall be constructed outside of the 100-year floodplain limits of Coronado Ridge Wash. No walls or fences shall be installed across the wash floodplain.

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

13. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. Those screen walls adjacent to 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. All outdoor lighting shall be sodium-type fixtures, shielded, directed down and away from residential parcels and public roadways, and be a maximum of twenty (20) feet in height from the ground.

15. All dumpsters and loading spaces shall be placed at least fifty (50) feet from residentially zoned or developed property.

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

17. All areas identified as natural or undisturbed open space are to be fenced off and protected prior to any on-site development activity.

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

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

20. Development shall be architecturally compatible in scale and mass with the neighborhood, using earth-tone colors. The applicant shall submit elevation drawings with the development plan submittal to the City showing the proposed building colors and materials. The side and rear facades of the structure shall be designed with architectural details similar to the front facade.

21. A minimum of sixty (60) percent of the combined frontage along Houghton Road and Broadway Boulevard shall be maintained as a view corridor and shall not be used for building purposes. Building exposures shall be measured to the closest road frontage to calculate the view corridor percentage.

22. All rooftop mechanical equipment shall be screened from view with a parapet or other similar treatment.

23. The owner/developer shall develop a minimum twenty (20) foot wide multi-use pathway corridor consisting of a soft surfaced multi-use pathway and native desert landscaping on both sides of the multi-use pathway adjacent to Houghton Road in the area between the public sidewalk and property line. Final width, design and location of multi-use pathway, and landscaping within the multi-use corridor, shall be approved by the Departments of Planning and Transportation with assistance from the Pima County Parks and Recreation Department. A comprehensive list of native vegetation per Development Standard 9-06.4.1 shall be provided for plant selection within the corridor and landscaping in this area shall be of a natural design.

24. The landscape buffer provided to meet the requirements of the Scenic Corridor Zone (SCZ) shall be enhanced to a minimum plant density of one (1) tree per thirty-three (33) feet of frontage and twenty (20) percent coverage in shrubs and groundcover with plant species indigenous to the area. A comprehensive list of native vegetation per Development Standard 9-06.4.1 shall be provided for plant selection within the buffer and landscaping in this area shall be of a natural design.

25. The owner/developer shall offer to meet with the designated representatives of the Houghton Neighborhood Association and affected property owners to present the proposed development prior to development plan submittal to the City. The invitation letters shall be sent a minimum of two (2) weeks prior to the neighborhood meeting, which shall be held a minimum of ten (10) days prior to development plan submittal. Documentation of the invitations and meeting shall be included with the development plan submittal.

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

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

28. Five years in which to comply with all Code requirements and conditions of rezoning.

29. Lettering on building and monument signage shall be earthtone in color.

30. Trash compactor shall be screened from view with all loading/unloading and garbage pick-up being limited to between the hours of 6:00 a.m. and 10:00 p.m. with store operation less than twenty-four (24) hours per day.

31. The owner/developer shall work with staff to ensure ponding problem on south lane of Broadway Boulevard just west of the Chevron Station entrance is resolved and not compounded by runoff water from the proposed Broadway Boulevard entrance of the subject property.

One (1) written approval and one (1) written protest have been received. The approval is from the Houghton Neighborhood Association. The protest is not within the 150 foot notification 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.

12. ZONING: (C9-00-04) TMC – HOUGHTON ROAD, SR TO R-1, ZONING EXAMINER'S REPORT

(a) Report from City Manager AUG7-00-471 WIV

(b) Report from Zoning Examiner dated July 21, 2000.

(c) Request to rezone approximately 17.37 acres of property located on the west side of Houghton Road approximately 650 feet south of Golf Links Road, from SR to R-1. Applicant: Ms. Ann Warner of Planning Resources, on behalf of the property owner, Tucson Medical Center. The preliminary development plan is for a thirty-six (36) lot single-family residential subdivision with a density of 2.07 units per acre. The Planning Department and Zoning Examiner 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, Preliminary Grading Plan, Design Compatibility Report and Environmental Resource Report, is to be submitted for review and approval in accordance with Section 4.1.1 of the LUC, including, but not limited to:

a. Building heights are limited to eighteen (18) feet and one-story. Grade differentials (+/- 1 foot) between Austin Point and Rancho Sante Fe pads shall be as shown on the rezoning exhibit prepared by Presidio Engineering dated May 19, 2000. The location of each pad shall have a setback of twenty (20) feet from the front of the lot.

b. All lots shall be deed restricted to one dwelling unit per lot.

c. The character of the subdivision shall be compatible with the adjacent subdivisions. All pitched roof surfaces shall be finished with concrete tile. All buildings and accessory structures shall be painted with desert hue tones.

d. Traffic calming techniques shall be incorporated into the street design.

e. A six (6) foot high decorative masonry wall shall be constructed along the west boundary except in the undisturbed natural area. Additionally, a minimum of ten (10) foot landscape buffer shall be provided on the outside wall perimeter. Landscaping shall consist of indigenous plant material.

f. Rear walls shall be constructed along the southern property boundary as shown on the rezoning exhibit. These walls shall be approximately five (5) feet in height.

g. All landscaping along Houghton Road and the interior subdivision street shall consist of indigenous plant material.

h. The new slope along the southern property boundary as shown on the rezoning exhibit shall either be conveyed to the Homeowner's Association or a slope easement recorded to protect the slope. The Homeowner's Association shall be responsible for maintaining the slope.

2. The owner/developer shall dedicate right-of-way for Houghton Road per the Major Streets and Routes Plan.

3. The owner/developer shall make the necessary roadway improvements to Houghton Road per the requirements of the City Engineer.

4. The owner/developer shall agree to financially participate in the construction of a box culvert under Houghton Road. The contribution amount by this development shall be approximately 25 percent of the cost of the box culvert. The funds shall be made available upon completion of the development, if the box culvert construction is delayed.

5. The owner/developer shall establish the area within the 100-year floodplain as undisturbed open space. A covenant shall be recorded with the final plat indicating that the 100-year floodplain area will remain undisturbed and that no walls, fences or other improvements shall be permitted in the 100-year floodplain area.

6.Development of the property adjacent to the Eastview Wash tributary shall be subject to the requirements of the Watercourse Amenities, Safety and Habitat (WASH) Ordinance.

7. Site grading shall be kept to a minimum. Only the minimum amount of grading shall be permitted to develop the roadway and to site the individual houses.

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

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

10. 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.

11. All outdoor lighting shall be directed down and away from residential parcels and public roadways. Low level street lighting shall be allowed, such as lights with a mailbox enclosure, carriage or post lights.

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

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

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

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

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

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

18. Five years are allowed to comply with all Code requirements and conditions of rezoning.

Two (2) written approvals and ninety-four (94) written protests were originally received for this request. Thirty (30) of those protests were located within the 150 foot notification area. The majority of the protests came from petitions with no protest rationale listed. The remainder of the protests generally alluded to incompatibility with adjacent development, increased traffic and loss of mountain views.

The applicant continued to meet with the adjacent property owners during the continuances and was successfully able to address their concerns and obtain protest withdrawals from many of the original protests within the 150 foot notification area. There are now a total of eighteen (18) written approvals and seventy-six (76) written protests on record. Of those, seventeen (17) approvals and seven (7) protests are located within the 150 foot notification area. This current number results in a protest by area of 4.2 percent to the north, 18.5 percent to the south, 10.4 percent to the west and zero percent to the east.

The protests were provided on a number of different petition forms with numerous duplicate signatures. To eliminate confusion, only the protests containing a written reason are being included with the approval/protest map for this case. The numerous petitions are not being included.

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

13. ZONING: (C9-00-14) TACC INVESTORS LLC – TUCSON BOULEVARD, R-1 TO PI, ZONING EXAMINER'S REPORT

(a) Report from City Manager AUG7-00-472 WV

(b) Report from Zoning Examiner dated July 28, 2000.

(c) Request to rezone approximately 10.99 acres of property located on the southwest corner of Drexel Road and Tucson Boulevard, from R-1 to PI. Applicant: Mr. Chuck Martin of Rick Engineering Company, Inc., on behalf of the property owners, TACC Investors LLC. The preliminary development plan is for a 130,000 square foot two-story office and research building with a maximum building height of forty (40) feet. The Planning Department and Zoning Examiner recommend approval of PI zoning, subject to certain conditions. The City Manager recommends approval of PI zoning, subject to the following conditions.

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

a. A minimum eighty-five (85) foot building setback from the west property line.

b. The maximum building height shall be forty (40) feet. Structures greater than twenty (20) feet in height shall have varied rooflines, parapets and/or other architectural elements.

c. A minimum twenty (20) foot wide landscape buffer including canopy trees placed a maximum of twenty-five (25) feet apart, groundcover, and shrubs along the west and south property lines.

d. A direct pedestrian route from the intersection of Tucson Boulevard and Drexel Road to the entrance to the building.

e. A shaded outdoor seating areas for employees.

f. Windows, art, canopy trees, or other design elements shall be placed along at least twenty-five (25) percent of each facade of the structures.

g. A ten (10) foot wide landscape buffer shall be provided along the frontages of Tucson Boulevard and Drexel Road. Landscaping shall include canopy trees placed a minimum twenty-five (25) feet apart, ground cover and shrubs.

2. The owner/developer shall dedicate right-of-way, per the Major Streets and Routes Plan, along Tucson Boulevard and Drexel Road.

3. The owner/developer shall provide improvements to Drexel Road and Tucson Boulevard consisting of an eastbound right turn, deceleration and acceleration and westbound left turn lanes into the proposed access driveway, or improvements as determined by the Traffic Impact Study.

4. The owner/developer shall provide improvements to the intersection of Drexel Road and Tucson Boulevard consisting of an eastbound to southbound right turn lane, or improvements as determined by the Traffic Impact Study.

5. The access driveway for Tucson Boulevard shall align with Commerce Center Drive at the median opening. The owner/developer shall make the necessary median modifications/improvements to provide for a northbound left turn bay into the proposed development.

6. The owner/developer shall provide the additional pavement of Drexel Road for a recessed Sun Tran bus bay pull out and construct a bus shelter and pad.

7. A Category I Traffic Impact Study shall be required prior to tentative plat or development plan review.

8. The owner/developer shall provide in-lieu fees to cover the cost of seventeen (17) feet of additional pavement, curb, and sidewalk along the entire frontage of Tucson Boulevard and Drexel Road.

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

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

11. An easement shall be provided along the south boundary of the subject property to accommodate a pedestrian trail along Rodeo Wash, to be developed by the owner/developer.

12. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. Those screen walls adjacent to 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.

13. All activity shall occur within an enclosed building. Outdoor storage shall not be permitted.

14. Rooftop mechanical equipment shall be screened from view by a parapet wall or other feature, in order to minimize visibility from adjacent streets and properties.

15. Grading of the retention/detention basin shall be comparable to grading on the remainder of the site, as approved by City Engineer. The basin shall be revegetated with plants salvaged from the site or with new vegetation.

16. Side and rear facades of the structures shall be designed with architectural character and detail similar to that on the front facades. Architectural design is to be compatible with new development to the south.

17. Outdoor lighting shall be directed down and away from residential parcels, the school and public roadways and be as low in elevation as possible.

18. All noise-generating uses, including but not limited to trash enclosures, loading zones and outdoor mechanical equipment, shall be placed at least one hundred (100) feet from the west property line.

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

20. Areas identified as natural open space shall be fenced off and protected prior to any on-site development activity.

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

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

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

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

Zero (0) written approvals and one (1) written protest have been received. The one protest is located within the 150 foot notification area. The protest alludes to traffic and results in a protest by area of 7.2 percent to the north and zero percent to the south, east and west.

14. ZONING: (C9-99-25) CHICAGO TITLE TRUST 12151 – ALVERNON WAY, I-1 TO R-1, ZONING EXAMINER'S REPORT

(a) Report from City Manager AUG7-00-473 WV

(b) Report from Zoning Examiner dated July 28, 2000.

(c) Request to rezone approximately 16.35 acres of property located on the east side of Alvernon Way approximately 1,275 feet north of Valencia Road, from I-1 to R-1. Applicant: Mr. Michael Grassinger of the Planning Center, on behalf of the property owner, Chicago Title Trust 12151. The preliminary development plan is for a fifty-six (56) lot single-family subdivision using the Residential Cluster Project (RCP) provisions of the Land Use Code for a density of 3.4 units per acre. The Planning Department and Zoning Examiner 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 and Design Compatibility Report is to be submitted for review and approval in accordance with Section 4.1.1 of the LUC, including, but not limited to:

a. Structure heights shall be limited to eighteen (18) feet.

b. At least one direct access point to Alvernon Way (other than Antrim Loop Road) shall be provided from the lots south of Earp Wash.

c. At least one pedestrian connection between the pedestrian trail along Earp Wash and the streets south of Earp Wash.

d. The building setback requirements from Earp Wash shall be twenty-five (25) feet based on a 100-year flood discharge of 625 cfs.

2. The owner/developer shall dedicate, or verify the existence of, right-of-way for Alvernon Way as required per the Major Streets and Routes Plan.

3. The owner/developer shall construct acceleration/deceleration lanes (one additional twelve (12) foot vehicular lane and a five (5) foot bike lane) to match the future Major Streets and Routes Plan cross section. An in-lieu contribution to an escrow account shall be provided for the future completion of the seventeen (17) feet of pavement along the entire frontage of the rezoning site, if it is not completely developed as part of this project.

4. The owner/developer shall construct a six (6) foot wide sidewalk along Alvernon Way, in a location to accommodate the future widening of Alvernon Way.

5. The owner/developer shall dedicate, or verify the dedication of, the Earp Wash channel and twenty-five (25) feet on both sides of the bank.

6. A drainage report shall be submitted for review and approval. The report shall include detention/retention calculations with compliance of WASH Ordinance requirements. Additional drainage easements may be required to accept offsite runoff and convey it across lots to its logical point of discharge into the Earp Wash.

7. A regional detention basin is proposed for construction at the northwest corner of this development. The owner/developer may be required to contribute a portion of the cost of construction of this facility.

8. Water harvesting is encouraged by directing roof drainage to landscaped areas, however, lot to lot drainage shall not be permitted.

9 Earp Wash improvements shall provide a continuous on-site pedestrian link/trail and connect by means of an on-site common area adjacent to the Antrim Loop Road Bridge, including a pedestrian crosswalk across Antrim Loop Road to guarantee a continuous pedestrian link-train with the adjacent subdivision to the east.

10. A note shall be provided on the tentative and final plat disclosing that adjacent parcels to the north and across Antrim Loop Road to the south are currently zoned and approved for industrial uses.

11. A minimum five (5) foot high decorative masonry wall and a ten (10) foot wide landscape buffer with canopy trees shall be provided adjacent to Antrim Loop Road and along the north property line.

12. 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.

13. 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.

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

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

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

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

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

Two (2) written approvals and four (4) written protests have been received. One protest is within the 150 foot notification area. The protest alludes to the general incompatibility of uses and results in a protest by area of 91 percent to the south and zero (0) percent to the north, east, and west.

A simple majority vote of the Mayor and Council will be necessary to authorize the rezoning, however, a Ύ majority vote will be required to adopt an ordinance once the conditions of rezoning have been met.

15. PUBLIC HEARING: KROEGER NEIGHBORHOOD PLAN AMENDMENT – NEAR THE SOUTHEAST CORNER OF STARR PASS BOULEVARD AND SANTA CRUZ LANE, COMMERCIAL USE (CONTINUED FROM THE MEETING OF JULY 10, 2000)

(a)Report from City Manager AUG7-00-460 WI

(b) Hearing on a proposed amendment to the Kroeger Neighborhood Plan, which would allow commercial uses on a vacant eleven-acre parcel located near the southeast corner of Starr Pass Boulevard and Santa Cruz Lane. The applicant is the Gerald C. Brown Family Ltd. Partnership, representing the owner, Pioneer Trust of Arizona. The applicant wishes to develop personal storage units and outdoor storage on the parcel. The site is within the boundaries of the Kroeger Neighborhood Plan, which supports medium-density residential uses on this parcel. The request is to amend the Plan by adding a policy specifying that this site is appropriate for community-level commercial development and changing the Land Use and Circulation Recommendations Map to reflect this new direction.

The City Manager recommends that Mayor and Council deny the proposed amendment to the Kroeger Neighborhood Plan.

16. PUBLIC HEARING: ZONING (C9-94-18) SOUTHWEST VALUE PARTNERS – TUCSON BOULEVARD, R-1 TO PI AND I-1, FIVE YEAR TIME EXTENSION AND ORDINANCE ADOPTION

(a) Report from City Manager AUG7-00-466 WV

(b) Hearing on a request for a five-year time extension for the completion of the rezoning conditions for the property located on the northwest and northeast corners of Tucson Boulevard and Bilby Road. Applicant: Mr. Chuck Martin of Rick Engineering, on behalf of the property owner, Southwest Value Partners. The original rezoning case is for the development of a 168 acre industrial park. The original five (5) year Mayor and Council authorization expires on August 7, 2000. A public hearing is required because it has been more than five years since the last public hearing was held on this request. The City Manager recommends the Mayor and Council provide direction concerning the appropriateness of this time extension request, as issues have recently been raised regarding the appropriateness of the City's industrially planned and zoned land, of which some parcels may be suitable for development as residential or other alternative uses. Should the Mayor and Council choose to approve any or all of the time extension request, it is recommended that the approval be subject to the following conditions.

1. An approved development plan, in substantial compliance with the preliminary development plan and Services Impact Report, shall be submitted for review and approval in accordance with Section 5.3.8 of the Land Use Code including, but not limited to:

a. A concept grading plan

ab. Dedication of a 25-foot-wide access and landscape easement and construction of a 10-foot-wide asphalt path, a handrail, and a landscape buffer within the easement along the Rodeo Wash frontage with the dedication and design of this area to be coordinated with the Pima County Department of Transportation and Flood Control District, Tucson Parks and Recreation Department, and the City of Tucson Department of Transportation.

bc. Dedication of additional right-of-way for intersection widening per the Major Streets and Routes Plan map for the intersections of Campbell Avenue and Bilby Road and also for Tucson Boulevard and Bilby Road.

2. A drainage report shall be submitted for review and approval which addresses compliance with the Floodplain and WASH Ordinances.

3. Owner/developer shall agree to participate in a paving improvement district for Bilby Road, from Campbell Avenue to Country Club Road, and accept an assessment for 24 feet of pavement and the north curb and sidewalk and drainage improvements along the extent of the Bilby Road frontage and shall pass the petition. If the improvement fails, the owner/developer shall improve Bilby Road along the extent of the property frontage (and appropriate transitions) by widening the existing pavement to a minimum of 30 feet in width and constructing the north curb and sidewalk and drainage improvements.

a. Following a successful petition for paving improvements, the City shall prepare design documents and create an improvement district. If the improvement district is unsuccessful, the owner/developer shall be responsible for all design work and construction costs through a private improvement agreement.

b. Separate curb cuts on Bilby Road shall be available for each proposed lot. Unused curb cuts shall be barricaded with the cost of the barricade being borne by the developer.

4. Recordation of a subdivision plat.

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.Compliance Five years from the effective date of the adoption of this ordinance to comply with all Code requirements and conditions of rezoning by August 7, 2005.

7. A Category III Traffic Impact Study shall be completed prior to final design of the development.

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

9. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. Those screen walls adjacent to 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 be designed with varying wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

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

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

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

13. Outdoor storage areas and noise-generating uses, including but not limited to dumpsters, loading zones, loudspeakers, and guard dogs, shall be located a minimum of one hundred feet from adjacent residential uses and zoning.

14. An entryway theme incorporating landscaping and signage, and including other design elements, such as archways, planters, or tilework, shall be designed and used for all access points into the industrial park.

15. Uses that would interfere with navigation aides, produce smoke emissions or excessive illumination, allow ground petroleum storage or explosives manufacture, or attract birds or other hazards to aircraft shall not be permitted on lots within the Airport Hazard District.

16.The side and rear building facades along major streets and adjacent to residential development or zoning, shall be designed with architectural detailing similar to the front façade.

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

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

(c) Ordinance No. 9439 relating to zoning: Amending zoning district boundaries in the vicinity of the northwest and northeast corners of Tucson Boulevard and Bilby Road in Case C9-94-18 Southwest Value Partners – Tucson Boulevard, R-1 to PI and I-1 (Ward 5).

One (1) written approval and zero (0) written protests were received for the original public hearing on this case.

A simple majority will be necessary to approve the requested five (5) year time extension and adopt the ordinance presented should the Mayor and Council choose to do so.

17. ANNEXATION: RITA ROAD ANNEXATION DISTRICT

(a) Report from City Manager AUG7-00-450 WIV

(b) Ordinance No. 9430 relating to annexation; extending and increasing the corporate limits of the City of Tucson, Pima County, Arizona pursuant to the provisions of Title 9, Chapter 4, Arizona Revised Statutes, by annexing thereto certain portions of Sections 27 and 34, T.15S., R.15E., G.&S.R.B.&M., Pima County, Arizona, more particularly described in the body of this ordinance.

18. PUBLIC HEARING: ZONING (C15-00-05) ESTABLISHING ORIGINAL CITY ZONING FOR THE RITA ROAD ANNEXATION DISTRICT AND EXTENDING THE WATERCOURSE AMENITIES, SAFETY AND HABITAT (WASH) ORDINANCE OF THE JULIAN WASH WITHIN THE ANNEXATION AREA

(a) Report from City Manager AUG7-00-467 WIV

(b) Hearing

(c) Ordinance No. 9440 relating to zoning; establishing original City zoning for approximately 287.44 acres generally located east of Rita Road and north of Interstate Highway 10, which was annexed to the City of Tucson by Ordinance No. 9430 adopted on August 7, 2000; extending the Watercourse Amenities, Safety and Habitat (WASH) Ordinance for that portion of the Julian Wash within the annexation area; and specifying an effective date.

The City Manager recommends that the Mayor and Council adopt Ordinance No. 9440 establishing original City zoning and extending the Watercourse Amenities, Safety and Habitat (WASH) Ordinance for the Julian Wash, within the annexation district.

19. PUBLIC HEARING: TUCSON CODE AMENDING (CHAPTER 23) LAND USE CODE RELATING TO MANUFACTURED HOUSING

(a) Report from City Manager AUG7-00-474 CITY-WIDE

(b) Hearing

(c) Ordinance No. 9443 relating to planning and zoning: Amending the Tucson Code, Chapter 23, the Land Use Code, Article II. Zones, Urban Residential Zones: 2.3.5 "R-2" Residence Zone.; 2.3.6 "R-3" Residence Zone.; Article III. Development Regulations, Division 5. Performance Criteria: 3.5.7 Residential Use Group; and setting an effective date.

20. PUBLIC HEARING: NON-EXCLUSIVE CABLE LICENSE AGREEMENT WITH WIDEOPENWEST ARIZONA, LLC

(a) Report from City Manager AUG7-00-457 CITY-WIDE

(b) Hearing

(c) Resolution No. 18689 relating to cable communications; approving and authorizing execution of a nonexclusive cable license between the City of Tucson and Wideopenwest Arizona, LLC, a Delaware Limited Liability Company.

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

22. ADJOURNMENT

The next regularly scheduled meeting of the Mayor and Council will be held on Tuesday, September 5, 2000, at 2:00 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.