1. ROLL CALL
2. INVOCATION AND PLEDGE OF ALLEGIANCE
INVOCATION – Reverend Mary Jane Lyon, Hope United Mothodist Church
PLEDGE OF ALLEGIANCE - Mayor and Council, Staff and Public in Attendance
PRESENTATIONS
(a) Presentation of the Pima County Youth Opportunity Movement and the Barrio Anita Association Award to Ramon "Chino" Quiroz
(b) Presentation of Certificates of Appreciation to individuals responsible for the Tucson Neighborhood Association City-Wide Conference
(c) Presentation of "Certificate of Achievement for Excellence in Financial Reporting" Awards from the Government Finance Officers Association
(d) Presentation of Certificates of Appreciation to participants of the Michigan Drive and Bopp Road Ambassador Neighborhoods Program
3.CITY MANAGER'S REPORT: SUMMARY OF CURRENT OF EVENTS
(a) Report from City Manager NOV6-00-636 CITY-WIDE
4.CALL TO THE AUDIENCE, for persons desiring to speak.
5. CONSENT AGENDA - ITEMS A THROUGH R
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.
6. LIQUOR LICENSE APPLICATIONS
(a) Report from City Manager NOV6-00-658
(b) LIQUOR LICENSE SERIES APPLICATION(S)
(1) SUNSET STRIP PROTEST RECEIVED
3650 E. Speedway Blvd.
Applicant: Cole A. Bailey
City #: 109-00, located in Ward 6
Person to Person Transfer, Series: 6
Action must be taken by: November 20, 2000
(c) SPECIAL EVENTS
(1) SAINT JOSEPH HOME AND SCHOOL ASSOCIATION
215 S. Craycroft Rd.
Applicant: Jennifer M. Sitter
City #: T116-00, located in Ward 4
DATE OF THE EVENT: December 2, 2000
(2) Pima County Medical Society FOUNDATION, INC.
445 S. Alvernon Way
Applicant: Steve Nash
City #: T117-00, located in Ward 6
DATE OF THE EVENT: November 18, 2000
(3) TUCSON SYMPHONY ORCHESTRA
140 N. Main Ave.
Applicant: Shawn A. Campbell
City #: T121-00, located in Ward 1
DATE OF THE EVENT: November 11, 2000
(d) EXTENSION OF PREMISES
(1) APPLEBEE'S NEIGHBORHOOD GRILL AND BAR
4625 E. Grant Rd.
Applicant: Sean P. Moloney
City #: EP49-00, located in Ward 2
Type: Temporary
DATE OF THE EVENT: November 18, 2000
(2) O'MALLEYS ON FOURTH
247 N. 4th Ave
Applicant: Scott J. Cummings
City #: EP50-00, located in Ward 6
Type: Temporary
DATE OF THE EVENT: March 15, 16, 17, 2001
(3) SAGEBRUSH CANTINA
5358 S. Old Nogales Hwy.
Applicant: Thomas Tarantino Jr.
City #: EP51-00, located in Ward 5
Type: Temporary
DATE OF THE EVENT: November 18, 2000
7. FINANCE: CONTINGENCY FUND TRANSFER FOR ANYTOWN USA TO ASSIST IN SENDING HIGH SCHOOL DELEGATES TO THE NATIONAL CONFERENCE FOR COMMUNITY AND JUSTICE CAMP
(a) Report from City Manager NOV6-00-659 WIV
(b) Resolution No. 18763 relating to finance; approving and authorizing the transfer of five thousand dollars from the Contingency Fund to Organization 001-183-1838-268, for Anytown, USA.
8. APPEAL: (S-00-11) APPEAL OF SIGN CODE ADVISORY AND APPEALS BOARD DECISION – 5655, 5657, 5691 S. PARK AVENUE, CARUSO'S RESTAURANT (CITY APPEAL NO. S-00-003)
(a) Report from City Manager NOV6-00-646 WVI
(b) Applicant/Appellant: Tim Murray, Re/Max All Executives, Inc., on behalf of Caruso's Restaurant
This is an appeal of a decision of the Sign Code Advisory and Appeals Board to deny a request to grant a variance to allow an existing billboard at the northeast corner of Park Avenue and Drexel Road to remain in its current location. The requested variance was from the General Requirements and Limitations provisions pertaining to detached signs, Billboards (Tucson Code Section 3-59(A)). Specifically, the applicant requested a variance to (1) exceed the maximum area allowed by 208 square feet, (2) reduce the required separation distance by 505 feet, (3) exceed the minimum setback from a residential boundary line by 145 feet and (4) exceed the required angle to the street by 17 degrees. The proposed variance would allow the existing 10' x 28' billboard to remain in its present location.
On August 16, 2000 the Board denied the requested variance. The applicant is now appealing to the Mayor and Council the Board's decision, requesting that the Board's decision be reversed and that a variance be granted. The requested variance would allow the existing billboard to remain.
The City Manager recommends that the Mayor and Council consider the merits of the appeal and vote to uphold the decision of the Board.
9. ZONING: (C9-00-03) NEW WORLD HOMES –22ND STREET, SR AND RX-1 TO R-1 AND C-1, ZONING EXAMINER'S REPORT (CONTINUED FROM THE OCTOBER 23, 2000 MEETING)
(a) Report from City Manager NOV6-00-645 WII
(b) Report from Zoning Examiner dated September 8, 2000
(c) Request to rezone approximately 18.58 acres located on the southwest corner of 22nd Street and Harrison Road from SR and RX-1 to R-1 and C-1. Applicant: Mr. Mike Grassinger of the Planning Center, on behalf of the developer New World Homes. The preliminary development plan is for a 76 lot single-family residential subdivision on 17.36 acres utilizing the Residential Cluster Project (RCP) option for a density of 4.38 units per acre and an 8,000 square foot commercial development on 1.22 acres. The Planning Department and the Zoning Examiner recommend approval of R-1 and C-1 zoning subject to staff's recommended conditions as amended including an amended condition #9, and the "contract" conditions offered by the applicant. The City Manager recommends approval of R-1 and C-1 zoning, in lieu of the originally requested C-2 zoning subject to the following conditions.
1. A subdivision plat, in substantial compliance with the Preliminary Development Plan, the 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. A separate development plan, limited to a maximum of 8,000 square feet of gross floor area (GFA) shall be submitted for the commercial portion of the rezoning site.
b. A maximum of seventy-six (76) one-story residential units on the residential portion with a maximum building height of eighteen (18) feet.
c. A maximum of one access driveway from 22nd Street to the commercial portion of the rezoning site, to align with the existing shopping center driveway on the opposite side of the street.
d. A maximum of one access driveway from Harrison Road to the commercial portion of the rezoning site, located at least two hundred (200) feet from the center line of 22nd Street.
e. A maximum of one access street to the residential portion on Harrison Road which shall align with the median opening designed in the Harrison Road – 22nd Street to Golf Links Road paving improvement district.
f. A maximum of one access street to the residential portion on 22nd Street.
g. A one foot no-access easement around the perimeter of the project, except at the access points.
h. A 60 foot minimum lot width for lots adjacent to the south property line.
i. A six (6) foot tall masonry screen wall at the back of the lots adjacent to the south property line.
j. A five (5) foot tall masonry screen wall at the back of the lots on the west property line.
k. The Home Owners Association will be responsible for maintenance of all common areas.
l. An opaque fence will be installed across the drainageway entering the rezoning site along the south property line between lots 19 and 20. The space below the fence will be no larger than the minimum required per the City Engineer.
m.Development of the rezoning site shall be in compliance with the Native Plant Preservation Ordinance (NPPO).
2. The owner/developer shall dedicate right-of-way, per the Major Streets and Routes Plan, along 22nd Street and Harrison Road.
3. The owner/developer shall be required to provide in-lieu fees of $36 per lineal foot of frontage of 22nd Street to cover the cost of seventeen (17) feet of future pavement, curb, and sidewalk. If the improvement district for Harrison Road is not constructed, the owner/developer shall also be required to provide in-lieu fees of $36 per lineal foot of frontage of Harrison Road. The timing and manner of funding to be determined by the City Engineer.
4. The owner/developer shall provide an eastbound deceleration lane for the proposed subdivision access road on 22nd Street. The widening of 22nd Street shall also include a westbound deceleration lane and the proper taper transition for the proposed subdivision access road.
5. The owner/developer shall prepare a Traffic Impact Study Category I report for the commercial site and shall implement necessary improvements demonstrated to be appropriate, as approved by the City Engineer.
6. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
7. The owner/developer shall provide temporary widening of Harrison Road to provide for a northbound deceleration left turn lane into the commercial parcel if developed prior to the Harrison Road – 22nd Street to Golf Links Road district improvement project.
8. The owner/developer shall contribute for box culverts for Robb Wash under 22nd Street. The contribution shall be approximately fifty (50) percent of the cost of the culvert up to $75,000.
9. The Robb Wash will be maintained as open space in accordance with the Watercourse, Amenity, Safety and Habitat Ordinance (WASH) and the following conditions:
(a) A copy of the study area delineation, hydrology/hydraulic study, plant/habitat inventory, resource area delineation, mitigation plan, wash treatment, and preservation/revegetation plan, if any, will be submitted to a representative of the neighborhood for review and comment at the same time as it is submitted to City officials for approval.
(b) Areas set aside for habitat and open space preservation in accordance with the WASH Ordinance will be protected by a perpetual deed restriction that prohibits alteration of wildlife habitat or landscape from its natural state or consumption of the open space.
10. The eastern tributary shall be adequately designed to accept the 100-year off-site storm runoff. Its confluence shall be designed to comply with City drainage standards.
11. A drainage report shall be submitted for review and approval, including retention/detention calculations/requirements.
12. Water harvesting techniques shall be utilized by conveying rooftop, parking area access lane (PAAL), and parking area drainage to designated water harvesting areas. In the residential areas, storm runoff may be first directed to landscape areas with overflow into the Robb Wash channel. Lots shall not be graded to accept lot to lot drainage.
13. The owner/developer shall contribute for improvements to the Old Spanish Trail Bicycle and Pedestrian Path. The contribution shall be determined in conjunction with the City and County Parks and Recreation Departments based on the final number of residential units.
14.
a. A minimum ten (10) foot wide landscape buffer with canopy trees shall be provided adjacent to the 22nd Street and Harrison Road right-of-ways and the existing R-1 zoned land to the west of the rezoning site.
b. A minimum twenty (20) foot wide landscape buffer with canopy trees shall be provided adjacent to the existing R-1 zoned land to the south of the rezoning site including a landscaped drainageway.
15. Commercial structures, walls, and residential units shall be constructed of building materials that are muted desert colors, or painted muted desert colors which will blend with the local desert environment. Brighter colors shall be limited to accent use.
16. 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.
17. Mechanical units shall be ground mounted.
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. All new dumpsters and loading spaces shall be placed at least fifty (50) feet from residentially zoned or developed property.
20. 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.
21. Areas set aside for habitat and open space preservation in accordance with the WASH Ordinance will be fenced off and protected prior to any on-site development activity.
22. The U. S. Fish and Wildlife Service guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.
23. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.
24. "Safe by Design" concepts shall be incorporated in the development plan and subdivision plat for review by the Tucson Police Department.
25. A silt fence will be in place before grading occurs to deter snakes from entering adjacent properties to the south and west of the site.
26. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.
Zero written approvals and fifteen (15) written protests have been received. This results in a zero percent protest by area to the north and east, 67.27 percent protest to the south, and 28.57 percent protest by area to the west.
A three-fourths majority vote of the Mayor and Council will be necessary to adopt an ordinance once the conditions of rezoning have been met.
10. PUBLIC HEARING: ZONING (C9-89-39) PERRILLO – GOLF LINKS ROAD, C-2 ZONING, REQUEST FOR CHANGE OF CONDITIONS AND CONCEPT PLAN AND ORDINANCE ADOPTION (HEARING CONTINUED FROM THE MEETING OF SEPTEMBER 25, 2000)
(a) Report from City Manager NOV6-00-656 WIV
(b) Hearing on a request to change the previously approved concept plan. The rezoning site is located at the northwest corner of Golf Links Road and the Pantano Wash. Applicant: Don Laidlaw of Laidlaw Consulting LLC, on behalf of the property owners, the Gerold C. Brown Family Limited Partnership. The revised preliminary development plan is for 155,240 square feet of self-storage units and related office uses on a 10.825 acre site. The Planning Department recommends approval of the requested change of concept plan and adoption of the ordinance presented, subject to the proposed revised conditions of rezoning. The City Manager recommends the Mayor and Council approve the requested change of concept plan, and adopt the ordinance presented subject to the following revised conditions. (Amended, deleted, and added conditions are noted in the left margin. Within the conditions new text is underscored, deleted text is strikethrough.)
Amended 1. An approved development plan in substantial compliance with the revised concept plan dated October 6, 2000 for the C-2 self-storage site, submitted in accordance with Section 5.3.8 of the Land Use Code Section 23-409 of the Tucson Code including but not limited to:
(a) all lighting to be shielded and directed down and away from adjacent uses to the interior of the proposed development.
(b) maximum of three access points, to serve all uses on Golf Links Road.
(c) maximum building height of 16 feet for the C-2 self-storage site, maximum height of pole mounted lights of 18 feet, measured to the light source, netting of sufficient height and appropriate screening along the perimeter of the driving range, as approved by the City of Tucson Parks and Recreation Department, and
(d) dedication of 25 feet of right-of-way for Golf Links Road, per the Major Streets and Routes Plan.
2. Installation of fire hydrants to comply with the Tucson Fire Code.
Deleted 3. Dedication of 50 feet of right-of-way along the Pantano and Atterbury Washes in accordance with COT linear park landscaping requirements.
Deleted 4. Payment of an appropriate fair share contribution toward the cost of the construction of the future linear park for the length of the property frontage along the Pantano and Atterbury Washes.
5. Compensation to the Pima County Flood Control District in the amount of fifty percent of the cost of the bank protection along the subject property frontages of the Pantano and Atterbury Washes.
6. Dedication of a one foot no-access easement along the Golf Links Road frontage, except at points of ingress/egress.
Amended 7. A drainage report statement addressing /including detention and retention calculation requirements and other requirements as provided by Engineering Floodplain staff. All outflows from the site shall be designed to drain into the Atterbury Wash.
Deleted 8. Revise, at no expense to the public, the traffic signal at the Golf Links/Camino Seco intersection, in terms of signal indicators, detection, lighting, signs, and pavement markings.
9. Dust control measures, as approved by Pima County Air Quality Control.
10. Any relocation, modification, etc., of existing utilities and/or public requirements necessitated by the proposed development will be at no expense to the public.
11. Three years to comply with all Code requirements and conditions of rezoning.
Amended 12. A six (6) to ten (10)-foot-wide landscape buffer and continuous screening of the interior of the self storage facility shall be provided adjacent to the Atterbury and Pantano Washes including wrought iron, tubular steel, or similar attractive fencing on the property line. Chain link is not permitted. Additional screening shall be provided by the outer row of storage units where parallel to and within ten (10) feet of the property line. The exterior wall of storage units shall be masonry block or stucco, and shall jog a minimum of four (4) feet every 75 linear feet. Groupings of accent plants and shrubs shall be planted in the insets in the wall of the storage units. Where there are no storage units within ten (10) feet of the property line, screening shall be provided by a dense hedge of Arizona Rosewood located within ten feet of the property line. The required screening shall be augmented with a variety of drought adapted canopy trees, planted inside and within ten feet of the fence, an average of one very 33 linear feet. Use of only reclaimed and runoff water on the driving range.
Amended 13. Provide mitigation in the 42-foot sewer and drainage easement along the Atterbury Wash in compliance with the WASH Ordinance in coordination with Pima County Wastewater Management. One hundred percent retention of on-site runoff.
Amended 14. Locate unsightly and noise generating elements such as dumpsters, loading zones, free standing items stored on site that exceed 16 feet in height, and loudspeakers away from property boundaries that are adjacent to the Pantano and Atterbury Washes. Use of native trees, including cottonwoods, on the Pantano side from the linear park.
Amended 15. Maximum of two drive-through for the C-1 frontage sites. No drive throughs are permitted for the C-2 frontage.
Amended 16. Hours of operation of the C-2 self-storage facility lighting restricted to 7 AM to 7 PM 10:00 P.M.
Amended 17. Augmentation of the existing trees within the linear park area adjacent to the Pantano Wash with additional trees so that there is an average one tree every 25 linear feet. Location, species, and timing of planting to be coordinated with the Pima County and City of Tucson Parks and Recreation Departments. A 10-foot-wide landscape buffer, including canopy trees planted a maximum of 20 feet apart, shall be installed along the east site boundary adjacent to the future linear park extending from the north boundary of the C-1 parcel to the driving range tee area. Along the south boundary of the development area extending from the parking lot to the linear park boundary (north boundary of the C-1 parcel), canopy trees shall be planted a maximum of 20 feet apart.
Amended 18. "Safe by Design" concepts shall be incorporated in the development plans and landscape plans for review by the Tucson Police Department and Tucson Parks and Recreation Department. No access to the linear park is permitted from to the rezoning site private property.
19. The owner/applicant shall dedicate right-of-way for Golf Links Road, per the Major Streets and Routes Plan, if deemed necessary by the City Engineer's Office.
20. The applicant shall upgrade the unimproved bus stop along the property frontage on Golf Links Road to include a bus shelter, garbage receptacle, and concrete pad. The improvements shall be coordinated with the Department of Transportation, Engineering Division.
Added 21. Dedication of 30 feet of right-of-way along the Atterbury Wash for a linear park.
(c) Ordinance No. 9467 relating to zoning: Amending conditions and concept plan in Case C9-89-39, Perrillo – Golf Links Road, C-2 zoning (Ward 4).
Twenty-two written approvals and 19 written protests were received in this case. Seventeen of the protests lie within the 150-foot protest area. This represents a zero (0) percent protest by area to the north, six (6) percent protest by area to the east, fifteen (15) percent protest by area to the south, and three (3) percent protest by area to the west. Because of the age of the rezoning case, the individual approval and protest forms are no longer available.
A simple majority will be necessary to approve the change of concept plan and change of conditions of rezoning, and adopt the ordinance presented. Since an ordinance for this case was originally adopted by Mayor and Council, a new ordinance is being forwarded for adoption with the recommended change of conditions, should the Mayor and Council choose to approve this request.
11. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
12. CALL TO THE AUDIENCE, for persons desiring to speak.
13. ADJOURNMENT
The next scheduled meeting of the Mayor and Council will be held on Monday, November 13, 2000, at 7:30 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.
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