MAYOR AND COUNCIL
PAST AGENDAS
TUESDAY, SEPTEMBER 7, 1999
1:30 P.M
CITY HALL
255 WEST ALAMEDA
TUCSON, ARIZONA

ESTIMATED DURATION

TOPICS

COMMENTS

5 mins.

1. Grant Application to the Arizona Department of Commerce for a Statewide Study of Substandard Mobile Home Parks
(City-Wide) * SS/SEPT7-99-402

REPORT/ RECOMMENDATION

5 mins.

2. Appointments to Workforce Development Board
(City-Wide) SS/SEPT7-99-403

REPORT/ DISCUSSION

10 mins.

3. Request for Fee Waiver Special Exception Land Use Application 508 Limited Partnership – Wilmot Road (Ward 5)
SS/SEPT7-99-398*

REPORT/ RECOMMENDATION

5 mins.

4. Boards, Committees and Commissions
(City-Wide) SS/SEPT7-99-401
 

5 mins.

5. Mayor and Council Discussion of Regular Agenda
SS/SEPT7-99-404

 

TOTAL: 30 MINS.

*ALSO ON REGULAR AGENDA

RECONVENE AFTER REGULAR AGENDA

45 mins.

6. Presentation of Rio Nuevo Downtown Revised Action Plan
(City-Wide) SS/SEPT7-99-410

REPORT/ RECOMMENDATION

5 mins.

7. Grant Application to ADEQ
(City-Wide) SS/SEPT7-99-408

REPORT/ RECOMMENDATION

15 mins.

8. Pima County et al. v. State of Arizona and City of Tucson (City Defense of A.R.S. §9-101.01)
(City-Wide)SS/SEPT7-99-407

REPORT/ RECOMMENDATION

10 mins.

9. Pawn Shops (City-Wide)
SS/SEPT7-99-406

REPORT/ RECOMMENDATION

5 mins.

10. Sustainable Construction Materials in City-Sponsored Affordable Housing Developments (City-Wide)
(Cont. from Meeting of 8/2/99)
SS/SEPT7-99-399

REPORT/ RECOMMENDATION

5 mins.

11. Mayor and Council Boards, Commission and Committees (City-Wide)
(Cont. from Meeting of 8/2/99)
SS/SEPT7-99-400

REPORT/ RECOMMENDATION

5 mins.

12. Mayor and Council Subcommittee Status Report
(City-Wide) SS/SEPT7-99-397

 

5 mins.

13. Mayor and Council Discussion of Future Agendas SS/SEPT7-99-405

 

FOR INFORMATION ONLY

14. Administrative Action Report and Summary – SS/SEPT7-99-409

MAYOR AND COUNCIL REGULAR AGENDA
TUESDAY, SEPTEMBER 7, 1999 - 2:00 P.M.
MAYOR AND COUNCIL CHAMBERS
CITY HALL
255 W. ALAMEDA
TUCSON, ARIZONA


1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

    INVOCATION - Pastor Matt Perry, Vineyard Christian Fellowship Church

    PLEDGE OF ALLEGIANCE - Mayor and Council, Staff and Public in Attendance

    PRESENTATION

      (a) Presentation of "Certificate of Achievement for Excellence in Financial Reporting" to the City of Tucson from the Government Finance Officers Association

3. CONSENT AGENDA - ITEMS A THROUGH S

    FOR COMPLETE DESCRIPTION OF ITEMS, SEE CONSENT AGENDA (linked below)

    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. CITY MAGISTRATES: APPOINTMENT OF SPECIAL CITY MAGISTRATE (Continued from the meeting of July 6, 1999)

    (a) Report from City Manager SEPT7-99-452 CITY-WIDE

    (b) Ordinance No. 9278 relating to City Magistrates; appointing Elaine Christine Hardin as a Special City Magistrate to serve upon call by the Chief Executive Officer of the City Court; fixing compensation.

5. GRANT AGREEMENT: WITH PIMA ASSOCIATION OF GOVERNMENT FOR TRANSPORTATION PLANNING

    (a) Report from City Manager SEPT7-99-434 CITY-WIDE

    (b) Resolution No. 18375 relating to transportation; approving and authorizing execution of a grant agreement with Pima Association of Governments for transportation planning.

6. PUBLIC IMPROVEMENT: SOUTH TWELFTH AVENUE, VALENCIA ROAD TO DREXEL ROAD DISTRICT PAVING IMPROVEMENT

    (a) Report from City Manager SEPT7-99-442 WI

    (b) Declaration of bids received by the City Clerk on August 10, 1999. Recommendation for award of contract provided by the Superintendent of Streets.

    (c) Award of Construction Contract to Hunter Contracting.

7. ZONING: (C9-95-19) 4-D PROPERTIES – WILMOT ROAD, R-3 ZONE, CHANGE OF CONCEPT PLAN, CONDITIONS AND ORDINANCE ADOPTION

    (a) Report from City Manager SEPT7-99-444 WIV

    (b) Request for a change of concept plan and change of rezoning conditions for a 15.4 acre parcel located on the northeast corner of Wilmot Road and Stella Road. Applicant: Mr. Richard K. Walbert of Walbert Baker Associates, Inc. representing property owner, New World Homes. The subject property was part of the original rezoning case approved by Mayor and Council for 27.5 acres of R-1 for single-family residential, 15.4 acres of R-3 for multi-family residential, 13.7 acres of B-1(C-1) for a commercial shopping center, and 3.6 acres of B-2A (C-2) for a self-storage facility. The original 15.4 acre portion of the preliminary development plan was approved for 450 two-story garden style apartments with a density of 29.0 units per acre. The revised preliminary development plan now being presented for the 15.4 acre portion is for 81 one-story single-family detached residences with a density of 5.3 units per acre. The applicant is also requesting the modification of three (3) conditions of rezoning that reference criteria for apartment development on the 15.4 acre portion of the original case. The Planning Department recommends approval of the requested change of concept plan and change of rezoning conditions 1.c, 1.d, and 1.k, subject to the revised conditions. The City Manager recommends the Mayor and Council approve the requested change of concept plan and change of rezoning conditions 1.c, 1.d, and 1.k, and adopt the ordinance presented, subject to the following conditions.

      1. A development plan, in substantial compliance with the revised Preliminary Development Plan and revised Design Compatibility Report, is to be submitted for review and approvaled in accordance with Section 5.3.8 of the Tucson Land Use Code including, but not limited to:

        a. Retail center to be buffered along the east edge with a minimum 35-foot-building setback which includes a minimum five-foot-wide landscaped area.

        b. Structures within the self storage complex to be limited to 30 feet in height and buffered along the east edge with a minimum 35-foot-building setback which includes a minimum five-foot-wide landscaped area.

        REVISED
        c. A maximum of 81 one-story single-family units with maximum building height of 25 feet in the R-3 zone. A ten (10) foot wide landscape buffer shall be provided on the Wilmot Road and Stella Road frontage of the R-3 zone.

        A maximum of 450 apartment units with maximum height of 28 feet. Minimum building setback along the east boundary to be 70 feet to allow for two rows of vehicular parking, a parking area access lane, five foot wide sidewalk, a minimum five foot wide landscaped strip, and a minimum five foot high masonry wall. Minimum building setback along Wilmot Road to be 20 feet.

        REVISED
        d. A maximum of 145-single-family units with maximum building height of 25 feet in the R-1 zone. Minimum building setback along the eastern boundary, adjacent to Calle Polar, to be 40 feet to allow for a 25-foot-wide drainageway, a masonry wall, a five-foot-wide landscape strip located on the west side of the drainageway, and a minimum perimeter yard (side or rear) on each lot of 10 feet (in some instances, the LUC may require a setback greater than 10 feet).

        e. Any walls to be graffiti resistant and painted with or constructed of a color complementary to the overall development.

        f. The wall along Calle Polar it is to be located within a five-foot-wide landscaped strip, the wall alignment should be varied with curves, jogs, or notches, and landscaped to highlight the varied wall alignment. The minimum amount of plant materials required to have the desired affect should be determined by the City Landscape Inspector during review of the landscape plan.

        g. A landscape plan that details out buffering treatment between uses and along the perimeter of the project, including the drainageways, as shown on the Preliminary Development Plan and discussed in the Design Compatibility Report. All rezoning conditions regarding landscaping and screening should be considered the minimum, where the Landscaping and Screening Regulations of the Land Use Code are more restrictive, they shall apply.

        h. All security lighting to be directed downward and away from adjacent residential uses.

        i. No vehicular access to Calle Polar.

        j. Vehicular access to the rezoning site limited to the 10 locations shown on the Preliminary Development Plan.

        REVISED
        k. Substantial compliance with the general layout as shown on the revised preliminary development plan for the threefour proposed uses: retail/commercial, self-storage, apartments, and single-family.

          l. A "fair disclosure statement" regarding current and future military operations on Davis Monthan Air Force Base.

          2. A drainage report.

          3. Upon approval of a master subdivision plat for the entire rezoning site, which includes a master drainage report and right-of-way and easement dedications, staff will present a rezoning ordinance for the entire site to Mayor and Council for consideration of adoption. A condition of the rezoning ordinance is subsequent upon approval of a subdivision plat or development plan for each block of the plat in compliance with the rezoning conditions, prior to issuance of building permits for that block.

          4. Dedication of additional right-of-way along Golf Links Road per the Major Streets and Routes Plan.

          5. Improvement of Calle Polar to include widening the existing pavement width to a minimum of 24 feet, and installation of the west curb and a minimum eight-foot-wide pedestrian area.

          6. An internal pedestrian and bicycle circulation system shall be provided within the project site by permitting internal access to on-site uses. This shall be accomplished through openings in walls at the end of streets and continuous sidewalks linked to sidewalks along Golf Links, Wilmot and Stella Roads and Calle Polar. In addition, bus stop improvements must be installed at the southeast corner of Golf Links Road and Wilmot Road, and on the east side of Wilmot Road at mid-block between Golf Links Road and Stella Road, prior to the issuance of certificates of occupancy for projects fronting at those intersections. The applicant/developer shall coordinate with Sun Tran to determine the exact location of the bus stops. The bus stop improvements shall include:

            a. A paved shelter pad and bricked landing area connected to the public sidewalk system, and a sidewalk system within the proposed development.

            b. A bus shelter.

            c. Appropriate drought-tolerant landscaping.

          7. Tucson Police Department review and approval of the development plan(s)/tentative plat(s) submitted to the Community Design Review Committee for compliance with defensible space and Safe by Design concepts.

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

          9. Five years to comply with all Code requirements and conditions of rezoning.

        (c) Ordinance No. 9276 relating to zoning: Amending conditions on property located in the vicinity of the southeast corner of Wilmot Road and Golf Links Road in rezoning Case No. C9-95-19, 4-D Properties – Wilmot Road, and amending Ordinance No. 8812.

        Three (3) written approvals and twelve (12) written protests were received at the last Mayor and Council action on May 6, 1996. Ten (10) protests were located within the 150 foot notification area representing a 19.0 percent protest to the east, a 6.0 percent protest to the north, and a zero percent protest to the south and west.

        A simple majority vote will be necessary to approve the change of concept plan and change of conditions of rezoning and adopt the ordinance presented.

8. ZONING: (C9-99-10) SPEEDWAY VENTURES – SAHUARA AVENUE, O-3 TO C-2, ZONING EXAMINER’S REPORT

    (a) Report from City Manager SEPT7-99-445 WVI

    (b) Report from Zoning Examiner dated August 20, 1999

    (c) Request to rezone approximately 0.49 acres (21,452 square feet) from O-3 to C-2 zoning. Applicant: Mr. Gordon Stone of Cella Barr Associates, Inc. on behalf of the property owners, Speedway Ventures, LLC. The rezoning site is located on the east side of Sahuara Avenue approximately 107 feet north of Speedway Boulevard. The preliminary development plan is for a 7,000 square-foot, twenty (20) foot high, one-story retail automotive parts store on a 38,640 square-foot lot, 17,199 square-foot of which is currently zoned C-2. The Planning Department recommends approval of C-2 zoning and adoption of the ordinance presented subject to certain conditions. The Zoning Examiner recommends approval of C-2 zoning, subject to certain conditions. The City Manager recommends approval of C-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 and approved in accordance with Section 5.3.8 of the LUC, including, but not limited to:

        a. The driveway on Sahuara Avenue to be designed (with signing, striping, and porkchop curbing) to prevent northbound egress from the site.

        b. A six (6) foot high decorative masonry wall on the north property line.

        c. Building height restricted to a maximum of twenty (20) feet.

      2. The owner/developer shall install, repair and/or modify the sidewalk and curbing as needed to accommodate site improvements.

      3. The owner/developer shall close all unused curb cuts on Speedway Boulevard and Sahuara Avenue.

      4. A drainage report shall be submitted and approved, including retention/detention calculations/requirements and addressing possible encroachment into the Sahuara Avenue Floodplain.

      5. All screen walls and exterior walls of the building shall be constructed of, or painted with, graffiti-resistant materials and with colors found predominantly in the natural desert landscape.

      6. Automotive service bays, including any windows and doors associated with the auto service bays, shall not open to the north.

      7. Hours of operation for any automotive service activities shall be limited to 7:00 a.m. to 8:00 p.m.

      8. Lighting shall be directed down and away from residential parcels and public roadways.

      9. Dumpsters and loading spaces shall be placed a minimum thirty-five (35) feet from the north property line.

      10. Side and rear building facades shall be designed with architectural character and detail comparable to the front facade. A variety of rooflines and plane lines shall be utilized. Rooftop equipment shall be screened by parapets or other roof treatments.

      11. Freestanding signage shall be incorporated into the landscape design and compatible with the development with regards to architecture and color.

      12. All required canopy trees along Sahuara Avenue shall be placed so as to shade the sidewalk area.

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

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

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

      16. Issuance of a building permit for construction of the proposed development based on an approved development plan in compliance with all Code requirements and conditions of rezoning by September 7, 2004.

    (d) Ordinance No. 9277 relating to zoning: Amending zoning district boundaries in the vicinity of the east side of Sahuara Avenue approximately 107 feet north of Speedway Boulevard in rezoning case C9-99-10 Speedway Ventures – Sahuara Avenue, O-3 to C-2.

    Four (4) written approvals and one (1) written protest were received. The protest is not within the 150 foot notification area.

    A simple majority vote of the Mayor and Council will be necessary to adopt the ordinance presented.

9. SPECIAL EXCEPTION LAND USE REQUEST: CORNELL CORRECTIONS, INC. – WILMOT ROAD, CORRECTIONAL USE – JAIL OR PRISON USE (TYPE III LEGISLATIVE REVIEW), I-2 ZONE, ZONING EXAMINER'S REPORT (SE-99-18)

    (a) Report from City Manager SEPT7-99-428 WV

10. PUBLIC HEARING: ZONING (C9-87-62) FARNESS – GRANT ROAD, C-1 ZONE, CHANGE OF APPROVED DEVELOPMENT PLAN AND ORDINANCE ADOPTION

    (a) Report from City Manager SEPT7-99-435 WII

    (b) Hearing to consider a change of a development plan for a previously approved rezoning case. The development plan is for the Tucson Cornerstone Shopping Center located on the northwest corner of Grant Road and Swan Road. Applicant: Mr. Ric Espiriti, Architect, on behalf of the property owner, Mr. Neil Capin. The revised development plan proposes expanding the retail building in the northeast corner of the site from 7,700 square feet to 14,950 square feet. The remainder of the site will not be modified. The Planning Department recommends approval of the proposed revisions to the Tucson Cornerstone Development Plan and adoption of the ordinance presented subject to the revised conditions of rezoning. The City Manager recommends approval of the revisions to the Tucson Cornerstone Development Plan and adoption of the ordinance presented, subject to the following conditions.

      1. An approved development plan submitted in accordance with Section 5.3.8 of the Land Use Code including the following:

        REVISED
        a. Compliance with Limitation of two free standing building pads within the rezoning site as shown on the preliminary development plan presented to the Mayor and Council on May 13, 1996 September 7, 1999.

        b. No drive-through or drive-in facilities on the area proposed for rezoning, except for banks. Any restaurant located on the western pad must provide a scrubber.

        c. If drive-through facilities are allowed, design and location to be reviewed by staff for safety, accessibility and stacking requirements.

        d. A pedestrian circulation system with minimum six-foot wide colored concrete or brick sidewalks to all buildings, parking areas, public sidewalks, including a centra1 sidewalk connection.

        e. A six-foot high decorative masonry stucco and painted wall and landscaping with canopy trees planted at regular intervals along the north property line (the wall is to be built immediately after site grading and before any improvements are made).

        f. No vehicular access to alley surrounding the property including during construction of the shopping center.

        g.

          (1.) Dumpsters and loading zones shall be located a minimum of 50 feet from any residentially-zoned property and a ten-foot-high, graffiti resistant masonry wall shall be built along the northern edge of the building to screen the loading area.

          (2.) A ten foot high, dropping to eight feet high where adjacent to the residences on Water Street, decorative masonry stucco and painted wall and landscaping with canopy trees planted at regular intervals along the west property line (the wall is to be built immediately after site grading and before any improvements are made).

        h. Landscaping along Grant and Swan Roads and within the shopping center as shown on the revised concept plan.

        i. Similar architectural treatment for the entire shopping center and architectural compatibility of all buildings including design elements such as signs, lighting and landscaping. In the event mechanical units are installed on the roof of any building, parapets will be installed at the rear of such building to screen the mechanical unit.

        j. Use of native landscaping or drought tolerant vegetation. Flowers in potted containers are allowed for accent.

        k. No building height allowed over 25 feet, however, maximum building height may be increased to 30 feet for architectura1 appendages and design elements which shall not include signs or lights; building heights to be measured as set forth in the Tucson Land Use Code.

        1. All loading and unloading and garbage pick up limited to 6:00 a.m. through 10:00 p.m.

        m. All lighting for the entire center to be high-pressure sodium which is to be shielded and directed away from residential areas.

        n. Windows located on the north face of the buildings to be for security purposes in doors only.

        o. No 24-hour operation for any facility on the rezoning site, except for automatic bank teller machines.

        NEW
        p. Outdoor speakers or sound systems are not permitted.

        NEW
        q. Any outdoor seating or waiting areas within 100 feet of the north boundary of the site shall be screened along the northern edge of the seating or waiting area with a 6-foot high, graffiti-resistant, masonry wall.

        NEW
        r. Any restaurant use must provide a scrubber system to decrease odor emissions.

        NEW
        s. No north facing doors or windows.

      2. A drainage report.

      3. A concept grading plan.

      4. Access to Grant Road and Swan Road limited to a maximum of three and two access points, respectively.

      5. A one-foot no vehicular and pedestrian access easement dedicated for:

        a) Grant Road for 250 feet west from the construction centerline at Swan Road.

        b) Swan Road for 250 feet north from the centerline of Grant Road.

        c) Along the north and west property line of the project.

      6.

        a) The northern driveway along Swan Road moved to a centerline distance of not less than 135 feet south of the divided P.A.A.L. of Crossroads Festival to the northeast of the project (approximately 105 feet south of the north property line).

        b) The southern driveway along Swan Road moved to line up directly with the southerly parking area access lane to Crossroads Festival to the east of the project, or the owner/developer may install at own expense a median in Swan Road to extend from Grant Road to the northerly access. Median island design shall meet the approval of the City Engineer’s Office. Additional pavement widening may be required to facilitate this median. A covenant shall be recorded to run with the land, that at the time of the improvement of Swan Road, the median will be extended north with the first opening at the divided P.A.A.L. of the Crossroads Festival.

        c) The proposed center driveway which aligns with Venice Place along Grant Road widened to 36 feet to allow for three lanes of traffic.

        d) Paving improvements, including median island construction, to both Swan Road and Grant Road must be completed prior to occupancy of the buildings. The applicant shall construct improvements to Swan Road that include a dual left-turn lane and a center median, a minimum of four (4) feet in width, from the north property boundary to the Grant Road intersection with a median opening aligning with the northern-most driveway on the rezoning site. These improvements shall be designed in such a manner so as to eliminate left-turn conflicts while allowing left-turn access into the proposed rezoning site at the northern-most proposed driveway. Sufficient widening of Swan Road shall be constructed in order to continue to provide a trapped right-turn lane.

      7. Owner/developer to install and assume expense for the following to DOT specifications:

        a) Deceleration/right hand turn lane on Swan Road and pavement widening to a full six lane facility plus median if this option is chosen in requirement.

        b) Relocation of, and extension of the median island in Grant Road from Swan Road West to Venice Avenue.

        c) Paving and curbing to facilitate three (3) lanes of through traffic heading east on Grant Road with a left hand turn lane heading north on Swan Road, three (3) lanes of through traffic heading west on Grant with a deceleration right hand turn lane into the project, together with appropriate storage and transitions.

      8. Closure of all existing curb cuts that will not be used, by replacing with standard curb.

      9. Dedication of a 75 foot one-half right-of-way for Grant Road.

      10. Widening of Swan Road, per Major Streets and Routes Plan, together with intersection widening, and a 30-foot radius spandrel at the street intersection.

      11. The owner/developer to design and construct a right turn lane on Swan Road serving the main access road and continue the right turn lane to Grant Road to improve access at that intersection.

      12. Along Grant Road the owner/developer to design and construct a right turn lane from Swan Road to the main entrance to allow a bus pull-through lane and a right turn lane for the project.

      13. Any streetlights and traffic signals that must be relocated due to requirement 11 and 12 above done at no expense to the public.

      14. Additional fire hydrants will be necessary to comply with Section 10.301 (c) of the Tucson Fire Code.

      15. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development will be at the expense of the owner and/or developer.

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

      17. Conformance to the prevailing neighborhood plans and/or area plans.

      18. No pedestrian access to the proposed development at the end of Water Street.

      19. For the purposes of this rezoning, the property line shall be defined as the northernmost boundary of the C9-87-62 rezoning request.

      20. The developer to require by lease provisions that all development tenants comply with provisions of City and County Codes regarding air pollution and dust control. The applicant to comply with all City and County dust control regulations during construction.

      21. The developer to show to the satisfaction of the City Engineer, that the proposed design reduces both the rate and volume of stormwater runoff conveyed to the property downstream of the subject rezoning site. In order to do this, developer shall do a minimum of the following:

        a) A study acceptable to the City Engineer to be prepared and submitted analyzing the adjacent and downstream capacity of Swan Road and any storm sewers of drainage improvements within the right-of-way. If excess capacity is present the City Engineer may decide that the excess capacity shall be utilized by the diversion of on-site runoff, into the storm sewer system. If excess capacity is not present the City Engineer may require revisions to the detention/retention plan to address issues of safety, insect infestation, soil permeation, and flow.

        b) Flow within Grant Road and Swan Road to be made to remain within the right-of-way and not break onto the subject property.

        c) If runoff cannot be diverted to drainage facilities within the Swan Road right-of-way, then the retention of the post development 10 year runoff from the subject site to be provided with disposal in compliance with Section 3.5.1.3.a of the Stormwater Detention/Retention Manual.

        d) The post-development 100 year peak runoff rate to be reduced to a level below the existing 100 year rate.

        e) The existing downstream drainage pattern to be maintained, except for any runoff that is diverted to the Swan Road system.

      22. The developer shall present to the Swan Coalition a unified and architecturally integrated development plan for the entire center as soon as it is completed but in no event less than ten (10) days before submittal to the City.

      23. The chairperson of the Swan Coalition to be notified of any change in the approved concept plan, development plan, or conditions of rezoning.

      24. The Swan Coalition through Susan Supp or her successor shall be notified immediately of all architectural approval meetings, request for variances from the original signed agreement with the Swan Coalition or request for any subdivision of the subject property.

      25. The development plan approved by the Community Design Review Committee (CDRC) shall be in substantial conformance with the preliminary development plan presented to the Mayor and Council on May 13, 1996. If any reduction is proposed to the building setbacks shown on the preliminary development plan adjacent to the north and west property boundaries, the Swan Coalition must be notified immediately and provided an opportunity to review and comment prior to any approvals. Substantial changes must be approved by the Mayor and Council in public hearing prior to CDRC review.

      26. Signage shall be integrated into the landscaping theme and included on the landscape plan.

      27. If proposed, balconies and windows of buildings 20 feet or greater in height shall be located facing away from adjacent residential development.

      28. Incorporate "Safe by Design" concepts in the development plan, as recommended by the Tucson Police Department.

      29. Buffer elements shall be included within the west bufferyard. This shall include increased wall height and canopy trees planted a maximum of 20 feet on center which will reach 50 percent of their mature growth within two growing seasons.

      30. The C-1 zoning shall be effectuated for the entire rezoning site when a building permit is issued for one of the main proposed buildings. As an alternative, the staff will prepare an ordinance effectuating C-1 zoning for the area within the proposed central access driveway from Swan Road, when the Swan Road median improvements are completed and approved by the City Engineering Department.

    (c) Ordinance No. 9272 relating to zoning: Amending conditions on property located in the vicinity of the northwest corner of Grant Road and Swan Road in rezoning Case No. C9-87-62 Farness – Grant Road, and amending Ordinance No. 8919.

    At the time of the last Mayor and Council action on August 4, 1997, there were 12 written approvals and 38 written protests. Five (5) of the approvals and four (4) of the protests were located within the 150 foot notification area resulting in a protest by area of 8.0 percent to the north, 18.0 percent to the west, and zero percent to the south and east. Because of the age of the case, individual protest and approval forms are no longer available.

    A simple majority vote will be necessary for the Mayor and Council to approve the proposed revision to the Tucson Cornerstone Development Plan and adopt the ordinance presented.

11. PUBLIC HEARING: ZONING (C15-98-07) ESTABLISHING ORIGINAL CITY ZONING FOR THE ALVERNON/BENSON HIGHWAY ANNEXATION DISTRICT

    (a) Report from City Manager SEPT7-99-443 WV

    (b) Hearing

    (c) Ordinance No. 9275 relating to zoning; establishing original City zoning for approximately 126.32 acres generally located east of Alvernon Way, north of Benson Highway, west of Palo Verde Road and south of the Julian Wash, which was annexed to the City of Tucson by Ordinance No. 9226, adopted on June 21, 1999; and specifying and effective date.

    The City Manager recommends that the Mayor and Council adopt the ordinance presented establishing original City zoning within the annexation district.

12. PUBLIC HEARING: TUCSON CODE AMENDING (CHAPTER 13) THE 1997 UNIFORM FIRE CODE WITH LOCAL MODIFICATIONS AS THE TUCSON FIRE CODE

    (a) Report from City Manager SEPT7-99-456 CITY-WIDE

    (b) Hearing

    (c) Ordinance No. 9279. Amending the Tucson Code, Chapter 13, by modifying the Uniform Fire Code 1997 Edition which was previously adopted as the Fire Code of the City of Tucson by Ordinance No. 9120 on September 28, 1998; regarding fire alarm systems; temporary membrane structures, tents and canopies; and special operations, dispensing fuel from tank vehicles.

13. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

    (a) Report from City Manager SEPT7-99-449 CITY-WIDE

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

15. ADJOURNMENT

    The next scheduled meeting of the Mayor and Council will be held on Monday, September 13, 1999, at 7:30 p.m., in the Graham/Greenlee rooms of the Tucson Convention Center, 260 South Church Avenue, Tucson, Arizona.

MAYOR AND COUNCIL CONSENT AGENDA
TUESDAY, SEPTEMBER 7, 1999 - 2:00 P.M.
MAYOR AND COUNCIL CHAMBERS
CITY HALL
255 W. ALAMEDA
TUCSON, ARIZONA



A. SURPLUS PROPERTY: APPROVAL OF NONCOMPETITIVE SALE OF FIRE TRUCK TO THE CITY OF GUADALAJARA

    (1) Report from City Manager SEPT7-99-455 CITY-WIDE

B. ASSURANCE AGREEMENT: COLONIA DE LAS BRISAS, LOTS 1 THROUGH 12 AND COMMON AREA "A" (S98-032)

    (1) Report from City Manager SEPT7-99-430 WIV

    (2) Resolution No. 18371 relating to planning: Authorizing the Mayor to execute an assurance agreement securing the completion of improvements required in connection with the approval of a final plat for the Colonia De Las Brisas Subdivision, Lots 1 to 12 and Common Area "A".

C. REAL PROPERTY: ACQUISITION OF RIGHT-OF-WAY PROPERTY FOR THE CONSTRUCTION OF THE GOLF LINKS/CRAYCROFT ROAD INTERSECTION IMPROVEMENT

    (1) Report from City Manager SEPT7-99-431 WIV

    (2) Resolution No. 18372 relating to real property; authorizing the City Manager to acquire by negotiation, and the City Attorney to condemn if necessary, certain real property.

D. REAL PROPERTY: ACQUISITION OF RIGHT-OF-WAY PROPERTY FOR THE CONSTRUCTION OF THE WETMORE ROAD, FAIRVIEW AVENUE TO ORACLE ROAD PAVING IMPROVEMENT

    (1) Report from City Manager SEPT7-99-432 WIII

    (2) Resolution No. 18373 relating to real property; authorizing the City Manager to acquire by negotiation, and the City Attorney to condemn if necessary, certain real property.

E. REAL PROPERTY: ACQUISITION OF EASEMENT ACROSS PRIVATE PROPERTY LOCATED OFF MILTON ROAD TO MAINTAIN COMMUNICATIONS EQUIPMENT AT EXISTING DREXEL COMMUNICATIONS SITE

    (1) Report from City Manager SEPT7-99-433 OUTSIDE CITY

    (2) Resolution No. 18374 relating to real property; authorizing the City Manager to acquire by negotiation, and the City Attorney to condemn if necessary, certain real property.

F. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY FOR JOINT USE OF THE CITY-COUNTY CRIME LAB

    (1) Report from City Manager SEPT7-99-436 CITY-WIDE

    (2) Resolution No. 18376 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement between the City of Tucson and Pima County for joint use of the City-County Crime Lab.

G. APPROVAL OF MINUTES: May 10, 1999

    June 21, 1999
    June 28, 1999

H. GRANT AGREEMENT: WITH THE ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD FOR FIREARMS TRAINING SIMULATOR

    (1) Report from City Manager SEPT7-99-437 CITY-WIDE

    (2) Resolution No. 18378 relating to the Police Department; approving and authorizing execution of a grant agreement with the Arizona Peace Officer Standards and Training Board (Az Post).

I. PLATS: (S98-032) FINAL PLAT – COLONIA DE LAS BRISAS, LOTS 1 THROUGH 12 AND COMMON AREA "A" (UNDISTURBED NATURAL DESERT)

    (1) Report from City Manager SEPT7-99-438 WIV

    (2) The City Manager recommends that, should the third-party trust assurance agreement be approved, the final plat be approved as presented. The applicant is advised that building/occupancy permits are subject to the availability of water/sewer capacity at the time of actual application.

J. PLATS: (S98-067) FINAL PLAT – BANKS GROVE, LOTS 1 THROUGH 16 (A RESIDENTIAL CLUSTER PROJECT)

    (1) Report from City Manager SEPT7-99-439 WI

    (2) The City Manager recommends that the final plat be approved as presented and that the Mayor be authorized to sign the plat on behalf of the City of Tucson. The applicant is advised that building/occupancy permits are subject to the availability of water/sewer capacity at the time of actual application.

K. SURPLUS PROPERTY: DONATION OF TEN COMPUTERS TO THE DESERT WASTE NOT WAREHOUSE

    (1) Report from City Manager SEPT7-99-440 CITY-WIDE

L. SURPLUS PROPERTY: DONATION OF SEVEN NATURAL GAS ENGINES TO VARIOUS LOCAL HIGH SCHOOLS

    (1) Report from City Manager SEPT7-99-441 CITY-WIDE

M. PLATS: (S98-077) FINAL PLAT – PAINTED HILLS RANCH, LOTS 1 THROUGH 49 AND COMMON AREA "A" (CONTINUED FROM THE MEETING OF AUGUST 2, 1999)

    (1) Report from City Manager SEPT7-99-447 WI

    (2) The City Manager recommends that the final plat be approved as presented. The applicant is advised that building/occupancy permits are subject to the availability of water/sewer capacity at the time of actual application.

N. ASSURANCE AGREEMENT: PAINTED HILLS RANCH, LOTS 1 THROUGH 49 AND COMMON AREA "A" (S98-077) (CONTINUED FROM THE MEETING OF AUGUST 2, 1999)

    (1) Report from City Manager SEPT7-99-448 WI

    (2) Resolution No. 18349 relating to planning: Authorizing the Mayor to execute an assurance agreement securing the completion of improvements required in connection with the approval of a final plat for the Painted Hills Ranch Subdivision, Lots 1 to 49 and Common Area "A".

O. CONTRACT: WITH THE U. S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR METROPOLITAN MEDICAL RESPONSE SYSTEM

    (1) Report from City Manager SEPT7-99-446 CITY-WIDE

    (2) Resolution No. 18379 relating to the Fire Department; approving and authorizing execution of a contract with the U. S. Department of Health and Human Services for metropolitan medical response system development.

P. SURPLUS PROPERTY: DONATION OF OFFICE FURNITURE AND EQUIPMENT TO SALUD PARA TODOS, INC.

    (1) Report from City Manager SEPT7-99-451 CITY-WIDE

Q. COMMUNITY SERVICES: GRANT APPLICATION FOR FUNDS TO THE ARIZONA DEPARTMENT OF COMMERCE TO FUND A STATEWIDE STUDY OF DISTRESSED/SUBSTANDARD MOBLE HOME PARKS

    (1) Report from City Manager SEPT7-99-453 CITY-WIDE

    (2) Resolution No. 18380 relating to healthy and safe affordable housing; authorizing and directing the Community Services Department to submit an application and enter into agreements for State housing funds to be used to study distressed and substandard mobile home parks; and certifying that the application meets this community's housing and community development needs and the requirements of the State housing programs.

R. FINANCIAL PARTICIPATION AGREEMENT: WITH ARIZONA COUNCIL FOR ECONOMIC CONVERSION FOR FISCAL YEAR 1999-2000

    (1) Report from City Manager SEPT7-99-450 CITY-WIDE

    (2) Resolution No. 18381 relating to economic conversion; authorizing and approving the execution of a Financial Participation Agreement with the Arizona Council for Economic Conversion.

S. LIQUOR LICENSES

    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.

      (1) Report from City Manager SEPT7-99-454

      (2) CONGRESS TAP ROOM, INC., Applicant: Richard S. Oseran, 311 E. Congress St., TEMPORARY EXTENSION OF PREMISES, City No. EP37-99, WVI

      (3) CONGRESS TAP ROOM, INC., Applicant: Richard S. Oseran, 311 E. Congress St., TEMPORARY EXTENSION OF PREMISES, City No. EP38-99, WVI

      (4) WOODEN NICKEL TAVERN, Applicant: Joseph Varela, 1908 S. Country Club Rd., TEMPORARY EXTENSION OF PREMISES, City No. EP39-99, WV

      (5) CHEVRON, Applicant: Randy D. Nations, 1001 E. Benson Hwy., PERMANENT EXTENSION OF PREMISES, City No. EP40-99, WV

      (6) SUN SOUNDS RADIO READING SERVICE, Applicant: Mitzi M. Tharin, Hi Corbett Field, SPECIAL EVENT, City No. T068-99, WVI

      (7) TUCSON JAZZ SOCIETY, Applicant: Edward J. Ulman, 900 S. Randolph Way., SPECIAL EVENT, City No. T070-99, WVI

      (8) ST. DEMETRIOS GREEK ORTHODOX CHURCH, Applicant: Susan Parker-Hotchkiss, 1145 E. Ft. Lowell Rd., SPECIAL EVENT, City No. T071-99, WIII

      (9) ARIZONA THEATRE COMPANY, Applicant: James E. Cook, 330 S. Scott Ave., SPECIAL EVENT, City No. T072-99, WVI

      (10) VIETNAM VETERANS OF AMERICA TUCSON CHAPTER 106, Applicant: Peter P. Duerr, 900 S. Randolph Way, SPECIAL EVENT, City No. T073-99, WVI

      (11) MUSEUM OF CONTEMPORARY ART, Applicant: James A. Graham, 191 E. Toole Ave., SPECIAL EVENT, City No. T074-99, WVI

      (12) TUCSON MUSEUM OF ART, Applicant: Robyn L. O'Neal, 140 N. Main Ave. SPECIAL EVENT, City No. T075-99, WI

      (13) TUCSON MUSEUM OF ART, Applicant: Robyn L. O'Neal, 140 N. Main Ave., SPECIAL EVENT, City No. T076-99, WI

      (14) TUCSON METROPOLITAN CHAMBER OF COMMERCE, Applicant: John C. Camper, 140 N. Main Ave., SPECIAL EVENT, City No. T077-99, WI

      (15) ST. MARGARET'S CHURCH, Applicant: Oscar White, 801 N. Grande Ave., SPECIAL EVENT, City No. T078-99, WI

      (16) TUCSON METROPOLITAN CHAMBER OF COMMERCE, Applicant: John C. Camper, 221 E. Wetmore Rd., SPECIAL EVENT, City No. T079-99, WIII

      (17) BABY BELUGA SEAFOOD & OYSTER BAR, Applicant: Daune R. Hernandez, 2680 E. Valencia Rd., NEW LICENSE, Series 12, City No. 060-99, WV

      (18) EMERALD CITY GRILLE, Applicant: Donald L. Underhill, 509 N. 4th Ave., NEW LICENSE, Series 12, City No. 061-99, WVI

      (19) RED ROBIN BURGER & SPIRITS EMPORIUM, Applicant: Danny W. Barnes, 4500 N. Oracle Rd. #155, NEW LICENSE, Series 12, City No. 065-99, WIII

      (20) MAC DADDY'S, Applicant: Larry Cohen, 500 N. 4th Ave. #12, PERSON/LOCATION TRANSFERS, Series 6, City No. 068-99, WVI

      RECOMMENDATION FOR DENIAL

      (21) TUCSON MULTI HOSPITALITY, Applicant: Kenneth J. Goldfine, 1365 W. Grant Rd., PERSON/LOCATION TRANSFERS, Series 6, City No. 064-99, WI

      RECOMMENDATION FOR DENIAL

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Copyright City of Tucson. Posted: 9/6/99