PAST AGENDAS
|
|
MAYOR AND COUNCIL PAST AGENDAS |
MAYOR AND COUNCIL STUDY SESSION AGENDA
MAYOR AND COUNCIL STUDY SESSION AGENDA
CITY HALL, 255 WEST ALAMEDA, TUCSON, ARIZONA
September 4, 2001
*** 1:00 p.m. ***
|
ESTIMATED DURATION |
TOPICS |
COMMENTS |
|---|---|---|
|
10 mins. |
1. Executive Session - Howard v. City of Tucson (City-Wide) SS/SEPT4-01-295 |
Discussion or consultation for legal advice with the Attorneys for the City of Tucson pursuant to A.R.S. 38-431.03(A)(3) and discussion or consultation with the Attorneys for the City of Tucson in order to consider its position and instruct its attorneys regarding the City of Tucson's position regarding contracts that are the subject of negotiations in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation pursuant to A.R.S. 38-431.03(A)(4). |
|
7 mins. |
2. Mayor and Council Direction Regarding Executive Session - Howard v. City of Tucson (City-Wide) SS/SEPT4-01-296 |
REPORT/RECOMMENDATION |
|
10 mins. |
3. Executive Session - Martinez v. City of Tucson (City-Wide) SS/SEPT4-01-293 |
Discussion or consultation for legal advice with the Attorneys for the City of Tucson pursuant to A.R.S. 38-431.03(A)(3) and discussion or consultation with the Attorneys for the City of Tucson in order to consider its position and instruct its attorneys regarding the City of Tucson's position regarding contracts that are the subject of negotiations in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation pursuant to A.R.S. 38-431.03(A)(4). |
|
7 mins. |
4. Mayor and Council Direction Regarding Executive Session - Martinez v. City of Tucson (City-Wide) SS/SEPT4-01-294 |
REPORT/RECOMMENDATION |
|
15 mins. |
5. Update on Domestic Violence Activities and Financial Participation Agreement with the Brewster Center (City-Wide) SS/SEPT4-01-300 |
REPORT/RECOMMENDATION |
|
7 mins. |
6. Boards, Committees and Commissions (City-Wide) SS/SEPT4-01-299 |
|
|
7 mins. |
7. Mayor and Council Discussion of Regular Agenda (City-Wide) SS/SEPT4-01-297 |
|
|
15 mins. |
8. Resolutions to be Presented to the Arizona League of Cities and Towns (City-Wide) SS/SEPT4-01-303 |
REPORT/RECOMMENDATION |
|
30 mins. |
9. Contingency Fund Process (City-Wide) SS/SEPT4-01-302 |
REPORT/DISCUSSION |
|
30 mins. |
9. Contingency Fund Process (City-Wide) SS/SEPT4-01-302 |
REPORT/RECOMMENDATION |
|
15 mins. |
10. Proposed Review of the New Jersey Rehabilitation Subcode as it Could Apply to Tucson (City-Wide) SS/SEPT4-01-301 |
REPORT/RECOMMENDATION |
|
15 mins. |
11. Citizens' Advisory Committee: Transportation Initiative (City-Wide) SS/SEPT4-01-304 |
REPORT/RECOMMENDATION |
|
7 mins. |
12. Mayor and Council Discussion of Future Agendas (City-Wide) SS/SEPT4-01-298 |
|
MAYOR AND COUNCIL REGULAR AGENDA
1. ROLL CALL
2. INVOCATION AND PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Dan Hurlbert, First Church United Methodist
PLEDGE OF ALLEGIANCE - Mayor and Council, Staff and Public in Attendance
3. CITY MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
(a) Report from City Manager SEPT4-01-460 CITY-WIDE
4. CALL TO THE AUDIENCE, for persons desiring to speak.
5. CONSENT AGENDA - ITEMS A THROUGH W
FOR COMPLETE DESCRIPTION OF ITEMS SEE ATTACHED CONSENT AGENDA SEE THE CONSENT AGENDA
6. LIQUOR LICENSE APPLICATIONS
(a) Report from City Manager SEPT4-01-483
(b) LIQUOR LICENSE APPLICATION(S)
New License(s)
(1) GHOST RANCH LODGE & RESTAURANT Staff Recommendation
801 W. Miracle Mile Police: In Compliance
Applicant: Robert B. Lane Planning: In Compliance
City #077-01, located in Ward 3 Business License: In
Series #12 Compliance
Action must be taken by: September 21, 2001(2) METRO GRILL AT PARK PLACE Staff Recommendation
5870 E. Broadway Blvd., #520
Applicant: Robert B. McMahon Police: In Compliance
City #078-01, located in Ward 4 Planning: In Compliance
Series #12 Business License: In ComplianceAction must be taken by: September 21, 2001
(3) VIVA FAMILY MARKET Staff Recommendation
6070 S. 6th Avenue
Applicant: Joseph S. Al Jada Police: In Compliance
City #081-01, located in Ward 1 Planning: In Compliance
Series #10 Business License: In Compliance
Action must be taken by: September 24, 2001Person Transfer (s)
(4) 7 BLACK CATS Staff Recommendation
260 E. Congress Street
Applicant: Jennifer R. Thompson Police: In Compliance
City #079-01, located in Ward 6 Planning: In Compliance
Series #07 Business License: In Compliance
Action must be taken by: September 23, 2001(c) SPECIAL EVENTS
(1) COMITÉ DE FESTIVADADES MEXICANAS DE TUCSON Staff Recommendation
3700 S. La Cholla Blvd. Police: DENIED
Applicant: Mercedes M. Guerrero Planning: In Compliance
City #T068-01, located in Ward 1 Parks & Rec.: In Compliance
Date of Event: September 14, 2001
September 15, 2001
September 16, 2001
CONTINUED FROM THE MEETING OF AUGUST 6, 2001(2) STONE AVENUE TEMPLE PROJECT Staff Recommendation
564 S. Stone Avenue
Applicant: John E. Jensen Police: In Compliance
City #T071-01, located in Ward 6 Planning: In Compliance
Date of Event: October 13, 2001
October 14, 2001(3) SUN SOUNDS RADIO READING SERVICE Staff Recommendation
Hi Corbett Stadium in Reid Park
Applicant: Mitzi M. Tharin Police: In Compliance
City #T072-01, located in Ward 6 Planning: In Compliance
Date of Event: September 15, 2001 Parks & Rec.: In Compliance(4) REVEILLE GAY MEN'S CHORUS Staff Recommendation
110 S. Church Avenue
Applicant: Peter A. Cooper-Lara Police: In Compliance
City #T075-01, located in Ward 6 Planning: In Compliance
Date of Event: September 15, 2001(5) TUCSON MUSEUM OF ART Staff Recommendation
140 N. Main Avenue
Applicant: Charlie E. Bodden Police: In Compliance
City #T076-01, located in Ward 1 Planning: In Compliance
Date of Event: September 7, 2001(6) TUCSON MUSEUM OF ART Staff Recommendation
140 N. Main Avenue
Applicant: Charlie E. Bodden Police: In Compliance
City #T077-01, located in Ward 1 Planning: In Compliance
Date of Event: September 20, 2001(7) TUCSON SYMPHONY WOMEN'S ASSN. Staff Recommendation
110 S. Church Avenue
Applicant: Lucille R. Skerston Police: In Compliance
City #T078-01, located in Ward 6 Planning: In Compliance
Date of Event: September 14, 2001(8) JUNIOR LEAGUE OF TUCSON, INC. Staff Recommendation
Hi Corbett Field
Applicant: Jeanine M. Bogedain Police: In Compliance
City #T079-01, located in Ward 6 Planning: In Compliance
Date of Event: October 12, 2001 Parks & Rec.: In Compliance(9) DINNERWARE ARTISTS COOPERATIVE Staff Recommendation
135 E. Congress Street
Applicant: Barbara J. McLaughlin Police: In Compliance
City #T080-01, located in Ward 6 Planning: In Compliance
Date of Event: September 15, 2001(10) ARIZONA THEATRE COMPANY Staff Recommendation
330 S. Scott Avenue
Applicant: Eileen M. Bagnall Police: In Compliance
City #T083-01, located in Ward 1 Planning: In Compliance
Date of Event: September 15, 2001(d) PERMANENT/TEMPORARY EXTENSION OF PREMISES
(1) AIN'T NOBODY'S BIZNESS Staff Recommendation
2900 E. Broadway Blvd., #118
Applicant: Melinda M. Brown Police: In Compliance
City # EP45-01, located in Ward 6 Planning: In Compliance
Type: Temporary Extension
Date of Event: October 13, 2001(2) TAMALEZ AT LA PLACITA VILLAGE Staff Recommendation
110 S. Church Avenue, #7136
Applicant: Brenda Z. Silvas Police: In Compliance
City # EP46-01, located in Ward 6 Planning: In Compliance
Type: Temporary Extension
Date of Event: September 12, 2001(3) TAMALEZ AT LA PLACITA VILLAGE Staff Recommendation
110 S. Church Avenue, #7136
Applicant: Brenda Z. Silvas Police: In Compliance
City # EP47-01, located in Ward 6 Planning: In Compliance
Type: Temporary Extension
Date of Event: September 29, 2001(4) EL CHARRO AT THE MERCADO Staff Recommendation
6310 E. Broadway Blvd.
Applicant: Raymon C. Flores Police: In Compliance
City # EP48-01, located in Ward 4 Planning: In Compliance
Type: Temporary Extension
Date of Event: September 15, 2001(5) KICKSTART GRILL Staff Recommendation
8987 E. Tanque Verde Road
Applicant: John W. Fahlberg Police: In Compliance
City # EP49-01, located in Ward 2 Planning: In Compliance
Type: Temporary Extension
Date of Event: September 15, 20017. APPEAL: (S-01-09) APPEAL OF SIGN CODE ADVISORY AND APPEALS BOARD DECISION - 701 WEST AUTO MALL DRIVE, JIM CLICK CHRYSLER (CITY APPEAL NO. S-01-002)
(a) Report from City Manager SEPT4-01-471 WI
(b) Applicant/Appellant: Jill Phanco of Fluoresco Lighting & Signs, representing the applicant BCT Properties, Jim Click Chrysler.
This is an appeal of a decision made by the Sign Code Advisory and Appeals Board to deny a request for a variance to allow a second freestanding sign along Auto Mall Drive. The General Business District Single Premise provision of the Tucson Code allows one freestanding sign for this property. The proposed sign would be 20 square feet in area with an overall height of 10 feet.
The Board denied the request for a variance.
The applicant is appealing the Board's decision to the Mayor and Council.
The City Manager recommends that the Mayor and Council consider the merits of the appeal and vote to uphold the decision of the Board.
8. SPECIAL EXCEPTION LAND USE: SPRINT - 4110 SOUTH HOUGHTON ROAD, SR AND C-1 ZONING, ZONING EXAMINER'S REPORT (SE-01-24)
(a) Report from City Manager SEPT4-01-464 WIV
(b) Report from Zoning Examiner dated August 3, 2001.
(c) This is a request to allow a communications use for property located 210 feet west of Houghton Road approximately 1,450 feet south of Escalante Road. Applicant: Starbridge Communications, Inc., on behalf of Sprint and the property owners, Tucson Catcus & Cattle Co., Inc. The preliminary development plan is for a proposed cellular antenna concealed within a 35 foot tall artificial saguaro.
The Planning Department and Zoning Examiner recommend approval of the special exception land use request. The City Manager recommends approval of the special exception land use request, subject to the following conditions.
1. Antennas shall be concealed in an artificial saguaro no taller than 35 feet high.
2. Ground equipment shall be concealed in the enclosure to be constructed in connection with SE-01-09. The equipment shall not be placed until the wall is constructed.
3. The owner/developer shall plant two living saguaros on site. The Parks and Recreation Department shall determine the number, size, and location of the saguaros.
4. The antenna and associated equipment shall be removed and the site restored to its existing condition within six (6) months of the time the antenna are no longer in use.
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. A building permit shall be obtained within one (1) year of the granting of the special exception.
Zero (0) approvals and zero (0) protests have been received.
A simple majority vote of the Mayor and Council will be necessary to approve the special exception land use request.
9. ZONING: (C9-01-12) WALGREEN'S - 12TH AVENUE, R-2 AND C-1 TO C-2, ZONING EXAMINER'S REPORT
(a) Report from City Manager SEPT4-01-465 WI
(b) Report from Zoning Examiner dated August 3, 2001
(c) Request to rezone approximately 0.98 acres of property located 160 feet south of Ajo Way, from R-2 and C-1 to C-2. Applicant: Anne Warner of Planning Resources, on behalf of the property owners Rene and Hortencia Saldivar and Dennis DeConcini, the developer Ben-Cor LLC, and the user Walgreen's. The preliminary development plan is for a 14,490 square-foot retail building on a 1.77 acre site on the west side of 12th Avenue between Ajo Way and President Street, 0.79 acres of which has existing C-2 zoning. The project will include the rerouting of an east-west alley.
The Planning Department recommends C-1 zoning in lieu of the requested C-2 zoning with a restriction on hours of operation of the drive-through. The Zoning Examiner recommends C-1 zoning in lieu of the requested C-2 zoning without a restriction on hours of operation of the drive-through. The City Manager recommends approval of C-1 zoning in lieu of the requested C-2 zoning subject to the following conditions, including a restriction on the hours of operation for the drive-through.
Three (3) approvals and one (1) protest have been received. The protest is within the 150 foot area, representing a 13.9 percent protest to the south. If approved, a simple majority vote will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.
1. A development plan, in substantial compliance with the preliminary development plan and the Design Compatibility Report, is to be submitted and approved in accordance with Section 5.3.8 of the LUC, including, but not limited to:
a. An eight (8)-foot high masonry wall and twenty-four (24) inch boxed mesquite, sweet acacia, or Eucalyptus microtheca trees twenty (20) feet on center along the western edge of the property adjacent to the residential uses.
b. A six (6)-foot high masonry wall and twenty-four (24) inch boxed mesquite, sweet acacia, or Eucalyptus microtheca trees twenty (20) feet on center along the south property line adjacent to the landscape strip on Presidio Street.
c. Twenty-four (24) inch boxed mesquite, sweet acacia, or Eucalyptus microtheca trees twenty (20) feet on center along 12th Avenue.
d. A masonry wall at least eighteen (18) inches high, but no higher than thirty (30) inches high, between the site and the relocated alley.
e. No vehicular access to President Street or the alley.
2. The owner/developer shall dedicate right-of-way, per the Major Streets and Routes Plan, along Ajo Way and 12th Avenue, as required.
3. The owner/developer shall construct a right turn deceleration bay to serve the access driveway on 12th Avenue.
4. The owner/developer shall construct a right turn bay on Ajo Way at the traffic signal.
5. The owner/developer shall construct a Sun Tran bus bay pull-through with shelter pad on 12th Avenue north of the proposed access.
6. A six (6)-foot wide sidewalk shall be constructed along the Ajo Way and 12th Avenue frontages.
7. In lieu fees shall be required to cover the cost of 17 feet of future pavement (one additional 12-foot travel lane and one 5-foot bike lane) along the Ajo Way and 12th Avenue frontage of the project. This cost has been estimated to be $23 per linear foot.
8. A drainage report shall be submitted and approved, including retention/detention calculations/requirements.
9. Water harvesting techniques shall be utilized by conveying all 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. These screen walls 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. Any continuous wall greater than 75 feet in length and 3 feet in height visible from the public right-of-way shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.
12. All outdoor pole and building mounted lighting shall be directed down and away from residential parcels and public roadways and shall not exceed 20 feet in height.
13. All new dumpsters and loading spaces shall be placed at least fifty (50) feet from residentially zoned or developed property.
14. All drive-through lanes shall be at least sixty (60) feet from residentially zoned or developed property.
15. An archaeological assessment and survey shall be performed by a qualified archaeologist before any grading or other ground modification takes place. If cultural features or remains are found, testing and data recovery shall be completed as needed. Copies of testing plans, testing reports, data recovery plans and final reports shall be submitted to and approved by the City Historic Preservation Office prior to construction work commencing. If, during construction, human remains and associated burial items are discovered, ground disturbing activities in the vicinity of the discovery will cease, the discovery site will be secured, and the Arizona State Museum will be immediately notified as required under A. R.S. 41-865.
16. Hours of operation for drive-through service shall be limited to between 7:00 AM and 9:00 PM.
17. Hours of operation for the loading space shall be limited to between 8:00 AM and 5:00 PM.
18. All sides of the proposed commercial structure shall have the same level of architectural detail.
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.
10. ZONING: (C9-01-09) JIM'S AUTO BODY - LAKESIDE PARKWAY, C-2 TO C-3, ZONING EXAMINER'S REPORT AND ORDINANCE ADOPTION
(a) Report from City Manager SEPT4-01-470 WIV
(b) Report from Zoning Examiner dated August 3, 2001
(c) Request to rezone approximately 0.87 acres of property located on the south side of Lakeside Parkway 150 feet east of Pantano Road from C-2 to C-3. Applicant: Jeffrey A. Stanley, on behalf of the property owner, Jim Boettcher. The preliminary development plan is for an 8,958 square-foot auto body shop. The Planning Department and Zoning Examiner recommend approval of C-3 zoning. The City Manager recommends approval of C-3 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 and approved in accordance with Section 5.3.8 of the LUC, including, but not limited to:
a. A maximum of one vehicular access point on Lakeside Drive.
b. Vehicular and pedestrian cross access shall be provided from the site to Lot 9, west of the site.
c. Masonry walls, or a masonry/wrought iron combination, at least 8 feet high, shall be provided along the south property line, the portion of the west property line south of the building, and the portion of the Lakeside Parkway frontage east of the building.
2. A drainage report shall be submitted and approved. The report shall include detention/retention analysis and mitigation/provision for offsite runoff. The drainage conditions entering the Lakeside Parkway shall not be altered.
3. Water harvesting techniques shall be utilized by directing all roof and parking area runoff to landscape areas.
4. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. Those screen walls 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 visible from the public right-of-way shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.
5. All outdoor lighting shall be directed down and away from residential parcels and public roadways and be as low in elevation as possible.
6. All new dumpsters and loading spaces shall be placed at least fifty (50) feet from residentially zoned or developed property.
7. All activities shall occur indoors, and hours of operation shall be limited to between 7:00 a. m. and 8:00 p. m.
8. Signs shall be architecturally compatible with the new and existing development, and shall be integrated into the surroundings.
9. An archaeological assessment and survey shall be performed by a qualified archaeologist before any grading or other ground modification takes place. If cultural features or remains are found, testing and data recovery shall be completed as needed. Copies of testing plans, testing reports, data recovery plans and final reports shall be submitted to and approved by the City Historic Preservation Office prior to construction work commencing. If, during construction, human remains and associated burial items are discovered, ground disturbing activities in the vicinity of the discovery will cease, the discovery site will be secured, and the Arizona State Museum will be immediately notified as required under A. R. S. 41-865.
10. The Arizona Game and Fish Department guidelines regarding raptors, bats, Gila monsters, and special status plants and animals shall be followed.
11. "Safe by Design" concepts shall be incorporated in the development plan for review by the Tucson Police Department.
12. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
13. Compliance with all Code requirements and conditions of rezoning by September 4, 2006.
(d) Ordinance No. 9600 relating to zoning: amending zoning district boundaries in the area located on the south side of Lakeside Parkway 150 feet east of Pantano Road in Case C9-01-09, Jim's Auto Body, C-2 to C-3 (Ward 4)
Four (4) approvals and zero (0) protests have been received.
A simple majority vote will be necessary to adopt the ordinance presented.
11. ZONING: (C9-00-17) ROBERTS - WRIGHTSTOWN ROAD, SR TO RX-2, ZONING EXAMINER'S REPORT (CONTINUED FROM THE MEETING OF AUGUST 6, 2001)
(a) Report from City Manager SEPT4-01-481 WII
(b) Report from Zoning Examiner dated April 20, 2001
(c) Request to rezone approximately 6.6 acres of property located on the north side of Wrightstown Road approximately 2,025 feet east of Pantano Road, from SR to RX-2. Applicant: Ms. Kiley Roberts. The preliminary development plan is for a seven (7) lot single-family subdivision including one existing residence utilizing the Residential Cluster Project (RCP) option for a density of 1.06 units per acre. The Planning Department recommends approval of RX-2 zoning, subject to certain conditions. The Zoning Examiner recommends approval of RX-2 zoning. The City Manager recommends approval of RX-2 zoning, subject to the following conditions.
1. A subdivision plat, in substantial compliance with the preliminary development plan dated March 6, 2001, Design Compatibility Report (DCR) and Environmental Resource Report (ERR), is to be submitted for review and approval in accordance with Section 4.1.1 of the LUC, including, but not limited to:
a. No development within the 100-year floodplain of the Tanque Verde Wash except for the minimum required for the sewer connection.
b. All buildings restricted to one story.
c. Supplemental vegetative screening shall be provided along the east and west property lines as shown on the preliminary development plan dated March 6, 2001.
2. The owner/developer shall dedicate right-of-way on Wrightstown Road as required per the Major Streets and Routes Plan.
3. The owner/developer shall provide additional pavement widening on Wrightstown Road to provide for both left turns and right turn deceleration/acceleration lanes serving the proposed development. Turn lane improvements shall be installed prior to the release of assurances and transfer of title for the fourth lot.
4. The owner/developer shall provide in lieu fees to cover the cost of seventeen (17) feet of pavement, curb, and sidewalk along the frontage of the project.
5. The owner/developer shall dedicate the floodway area of the Tanque Verde Creek to the Pima County Flood Control District.
6. A fifty (50) foot wide corridor measured from the southern floodway limit line of the Tanque Verde Creek shall be preserved and set aside as a public drainage easement/linear park.
7. The owner/developer shall provide a thirty (30) foot wide sewer, drainage, and pedestrian access easement from the end of the new street to the existing sewer easement south of the Tanque Verde Creek. This easement can be reduced to twenty (20) feet with the concurrence of Pima County Wastewater Management and the City Engineer. Bollards or other barriers shall be placed to prevent vehicular usage other than required for maintenance. The existing dirt road shall be re-vegetated.
8. All existing riparian habitat within the 100-year floodplain of Tanque Verde Wash shall be preserved in place terry except as required for linear park and utility needs.
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.
11. 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.
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. 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 open space are to 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 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 to comply with all Code requirements and conditions of rezoning.
Seven (7) written approvals and 17 written protests have been received. Fourteen (14) protests are within the 150 foot area, representing a 38.92 percent protest by area to the west, a 32.88 percent protest by area to the south, a 5.0 percent protest by area to the east, and zero percent to the north.
A three-fourths majority vote will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.
12. ZONING: (C9-00-01) 6700 E. SPEEDWAY - SPEEDWAY BOULEVARD, R-2 TO O-1, CHANGE OF CONDITION AND ORDINANCE ADOPTION
(a) Report from City Manager SEPT4-01-469 WII
(b) Request for a change of condition for the property located on the south side of Speedway Boulevard approximately 325 feet west of Caribe Avenue. Applicant: David H. Mason. The approved development plan is for a 9,500 square foot one-story office project on 1.1 acres. The requested change of condition would allow a second vehicular access point to Speedway Boulevard. The City Manager recommends the requested change of condition be approved and adoption of the ordinance presented.
(c) Ordinance No. 9601 relating to zoning: amending zoning district boundaries in the area located on the south side of Speedway Boulevard approximately 325 feet west of Caribe Avenue in Case C9-00-01, 6700 East Speedway - Speedway Boulevard, R-2 to O-1 (Ward 2)
Eighteen (18) written approvals and one written protest have been received for this case.
A simple majority vote will be necessary to adopt the ordinance presented.
13. ZONING: (C9-00-33) PEPPER-VINER DOS HOMBRES, SR TO R-1, ORDINANCE ADOPTION
(a) Report from City Manager SEPT4-01-455 WII
(b) Request to rezone property located on the southwest corner of Dos Hombres Road and Desert Arbors Street, from SR to R-1. Applicant: Pepper-Viner Investment Company. The approved development plan is for seven lots and common area "A" on 2.01 acres. The City Manager recommends adoption of the ordinance presented.
(c) Ordinance No. 9602 relating to zoning: amending zoning district boundaries in the area located on the southwest corner of Dos Hombres Road and Desert Arbors Street in Case C9-00-33, Pepper-Viner - Dos Hombres, SR to R-1 (Ward 2).
Two (2) written approvals and two (2) written protests have been received for this case. One of the protests is within the 150 foot protest area resulting in a protest by area of 9.13 percent to the north, and 2.62 percent to the west.
A simple majority vote will be necessary to adopt the ordinance presented.
14. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
(a) Report from City Manager SEPT4-01-468 CITY-WIDE
15. CALL TO THE AUDIENCE, for persons desiring to speak.
16. ADJOURNMENT
The next scheduled meeting of the Mayor and Council will be held on Monday, September 10, 2001, at 7:30 p.m. in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.
