NOTE: CONSENT AGENDA ITEM NO. 3-J HAS BEEN ADDED.
1. ROLL CALL
2. INVOCATION AND PLEDGE OF ALLEGIANCE
INVOCATION - Pastor Jim Hoogenboom, Compassion Christian Center
PLEDGE OF ALLEGIANCE - Mayor and Council, Staff and Public in Attendance
3. CONSENT AGENDA - ITEMS A THROUGH J
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. ELECTIONS: CANVASSING RETURNS AND DECLARING RESULTS OF THE SEPTEMBER 7, 1999, PRIMARY ELECTION
(a) Report from City Manager SEPT13-99-461 CITY-WIDE
(b) Resolution No. 18387 relating to elections: Canvass of the returns and declaration of the results of the Primary Election held in the City of Tucson, Arizona, September 7, 1999.
5. PUBLIC IMPROVEMENT: FORT LOWELL, VISTA DEL FORTE TO SWAN ROAD DISTRICT PAVING IMPROVEMENT
(a) Report from City Manager SEPT13-99-467 WII
(b) Declaration of bids received by the City Clerk on July 23, 1999. Recommendation for award of contract provided by the Superintendent of Streets.
(c) Award of Construction Contract to NAC Construction.
6. TUCSON CODE: AMENDING (CHAPTER 28) RELATING TO THE ISSUE OF LIVABLE WAGE REQUIREMENT FOR INCLUSION IN CITY CONTRACTS FOR SPECIFIC SERVICES UTILIZED BY CITY GOVERNMENT
(a) Report from City Manager SEPT13-99-463 CITY-WIDE
(b) Ordinance No. 9274 relating to procurement of services for the City; amending Chapter 28 of the Tucson Code by adding Article XV providing for a living wage requirement for inclusion in City contracts for specific services utilized by City government.
7. ZONING: (C9-99-SP-3a) GATEWAY CENTRE SPECIFIC PLAN, GATEWAY ICE CENTER – 7333 E. ROSEWOOD STREET, REPORT FROM ZONING EXAMINER, CHANGE OF CONDITIONS AND ORDINANCE ADOPTION
(a) Report from City Manager SEPT13-99-457 WII
(b) Report from Zoning Examiner dated August 27, 1999
(c) Request to modify the conditions which apply to Gateway Center Iceoplex Development located in Development Area 2 of Gateway Centre Specific Plan. The site is located between Rosewood Street and the Pantano Wash north of Gateway Center Drive. Applicant: Mr. Rodney Glassman, owner of Icerink, Inc. The existing development is the Iceoplex ice rink. The applicant is requesting that certain improvements be delayed until such time as the riverpark development is continued into the next parcel to the south. The Planning Department recommends approval of the conditions requiring completion of the improvements at a later date and the provision of an assurance bond or similar instrument to cover the future costs of the improvements. Staff also has no objection to the deletion of the mural as required in condition 4. The Zoning Examiner recommends approval, subject to certain conditions. The City Manager recommends approval, subject to the following conditions.
1. Riverpark improvements shall be provided as shown on the revised submitted concept plan dated August 30, 1996.
2. TV monitors, security personnel and lighting shall be provided as shown and stated in the applicant’s submitted letter and revised concept plan dated August 30, 1996. The monitors shall be watched continuously during hours the ice facility is in operation.
3. Elimination of openings/notches along the east side of the building.
The applicant will cooperate with TPAC to complete a painted mural on the east facing wall of the expansion building. The final design of the mural shall be determined in consultation with affected property owners residing on the east side of the Pantano Wash and businesses located in the Gateway enter complex. The final design, location and size of the mural shall be acceptable to the City. The applicant shall bear the costs for the materials and labor for painting the mural.
5. The applicant will provide to the City unique recreational activities consistent with its business by providing each calendar quarter free admission and free skates to sixty (60) young adults as designated by the City.
NEW 6. The riverpark improvements required by conditions 1 and 2 shall be completed within 180 days of the approval of the riverpark improvements on the property to the south by the Parks and Recreation Department. The owner/applicant shall provide the City with an assurance bond or similar instrument in an amount equal to the cost of the improvements. The final cost shall be determined in conjunction with the Department of Parks and Recreation.
NEW 7. Until the riverpark improvements required by conditions 1 and 2 are completed, security gates are to be installed at each end of the building. The security gates are to be a minimum six (6) feet high and kept locked at all times except for required maintenance access.
(d) Ordinance No. 9280 relating to zoning: Amending Resolution No. 12133 in Case C9-99-SP-3A, Gateway Centre Specific Plan located in the vicinity of the northeast corner of Broadway Boulevard and Kolb Road.
Zero (0) written approvals and zero (0) written protests were received.
A simple majority vote will be necessary to approve the request and adopt the ordinance
presented should the Mayor and Council choose to do so.
8. ZONING: (C9-99-12) HASSEY – 22ND STREET, R-2 TO O-2, ZONING EXAMINER’S REPORT
(a) Report from City Manager SEPT13-99-458 WV
(b) Report from Zoning Examiner dated August 20, 1999
(c) Request to rezone approximately 0.46 acres (20,000 square feet) from R-2 to O-2 zoning. Applicant: Joseph and Thomas Hassey, property owners. The rezoning site is located on the north side of 22nd Street approximately 275 feet east of Alvernon Way. The preliminary development plan is for a 5,250 square-foot single-story office building. The Planning Department and the Zoning Examiner recommend approval of O-2 zoning, subject to certain conditions. The City Manager recommends approval of O-2 zoning, subject to the following conditions:
1. A development plan, in substantial compliance with the Preliminary Development Plan and the Design Compatibility Report, is to be submitted for review and approval in accordance with Section 5.3.8 of the LUC, including, but not limited to:
a. Trash enclosures, loading spaces, outdoor mechanical equipment, and other noise-generating uses to be located at least fifty (50) feet from the north property line.
b. The landscape buffer along the north property line shall include 24 inch box canopy trees placed no more than twenty-five (25) feet apart. The landscape buffer along 22nd Street shall include a mix of groundcover, shrubs, and canopy trees.
c. Screening on north property line to be a minimum six (6) foot high decorative masonry wall.
2. The owner/developer shall install a minimum six (6) foot wide sidewalk along the 22nd Street frontage of the rezoning site.
3. A drainage report shall be submitted for review and approval, including details of retention/detention.C9-99-12
4. 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.
5. All buildings, walls and freestanding signage shall utilize earthtone colors. Brighter colors may be used for accent only.
6. Any wall surfaces along the south elevation of the building that are greater than 20 feet in length and not broken up by roof overhangs, windows, or other structural elements shall be constructed of or coated with materials of earth-tone colors with low-reflectivity finish. Such surfaces shall be enhanced through the use of landscaping or public art. Signage, if used on such surfaces, shall be proportional to the size of the wall surface, and shall be shown on the development plan.
7. 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.
8. All outdoor lighting shall be directed down and away from residential parcels and public roadways and be as low in elevation as possible.
9. "Safe by Design" concepts shall be incorporated in the development plan for review by the Tucson Police Department.
10. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
11. 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 13, 2004.
One (1) written approval and one (1) written protest was received. The protest is not located within the 150 foot protest area, resulting in a zero (0) percent protest.C9-99-12
A simple majority vote of the Mayor and Council will be necessary to adopt an ordinance once the conditions of rezoning have been met.
9. ZONING: (C9-99-05) U.S. HOME - VALENCIA ROAD, I-2 TO R-1, ZONING EXAMINER’S REPORT (CONTINUED FROM THE MEETING OF AUGUST 2, 1999)
(a) Report from City Manager SEPT13-99-462 WIV
(b) Report from Zoning Examiner dated April 30, 1999
(c) Request to rezone approximately 100.2 acres from I-2 to R-1 zoning. Applicant: Mr. Gordon Stone of Cella Barr Associates, on behalf of the current property owners, Calmat Company, Houghton Holding Partnership, Houghton Holding Partnership II, and Mr. Paul M. Hastings, and the proposed property owner, U.S. Home. The rezoning site is located on the south side of Valencia Road approximately 730 feet east of Houghton Road. The preliminary development plan is for a 515 lot single-family subdivision utilizing the Residential Cluster Project (RCP) option for a density of 5.14 units per acre. The Planning Department recommends approval of R-1 zoning, subject to certain conditions, as amended. The Zoning Examiner recommends approval of R-1 zoning, subject to certain conditions. The City Manager recommends approval of R-1 zoning, subject to the following conditions:
1. A subdivision plat, in substantial compliance with the revised preliminary development plan dated May 3, 1999, the Environmental Resources Report and the Design Compatibility Report, is to be submitted for review and approval in accordance with Section 4.1.1 of the LUC, including, but not limited to:
a. A maximum of 515 lots.
b. A minimum fifty (50) foot wide landscape buffer, incorporating the Atterbury Wash, along the east and north boundaries of the rezoning site adjacent to I-2 zoning and along Valencia Road.
c. A minimum ten (10) foot wide landscape buffer adjacent to the future collector street along the south boundary of the rezoning site.
d. The Atterbury Wash shall be restored to a density and diversity comparable to the upstream and downstream segments of the wash.
2. The owner/developer shall dedicate the following right-of-way:
a. Along the Valencia Road frontage of the property per the Major Streets and Routes Plan.
b. Thirty (30) foot along the south boundary of the property to provide for the extension of a future quarter-section line (half mile grid) roadway.
3. The owner/developer shall provide the following roadway improvements:
a. A minimum forty-six (46) foot wide pavement section (centered at 28 feet south of the centerline of right-of-way) plus appropriate transitions, and the south curb and sidewalk along the Valencia Road frontage of the site.
b. A minimum thirty-four (34) foot wide pavement section on Valencia Road from Houghton Road to the west end of the pavement transition mentioned in condition no. 3.a.
c. A minimum twenty-four (24) feet of pavement, curb and sidewalk along the south boundary of the site.
4. Improvements to the half-mile street on the south property line and connections to Houghton Road may be delayed until the 50% build out point.
5. A drainage report shall be submitted for review and approval, including details of retention/detention and preservation of riparian habitat.
6. The owner/developer shall provide 100-year capacity drainage structures on Valencia Road from Houghton Road to the eastern limits of the rezoning site.
7. The owner/developer shall participate in fifty (50) percent of the cost of a traffic signal at the intersection of Valencia Road and Houghton Road. The owner/developer shall also remove the cattle guard on Valencia Road to the west of the rezoning site and reinstall east of the rezoning site, if required.
8. The U. S. Fish and Wildlife Service guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.
9. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.
10. Further investigations to be conducted to verify the nature, extent and potential significance of the archeological resources present on-site. Archeological/cultural remains encountered during construction shall be mitigated in accordance with guidelines provided by the Arizona State Museum.
11. 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.) to provide a minimum planting area of sixteen (16) square feet and include trees or shrubs in the voids created by the variations.
12. "Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department.
13. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
14. Recordation of a final plat for construction of the proposed development in compliance with all Code requirements and conditions of rezoning by July 6, 2004.
Four (4) written approvals and zero (0) written protests have been received.
A simple 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 (C9-89-36) BENNETT PROPERTIES – HOUGHTON ROAD, SR TO C-1, CHANGE OF CONCEPT PLAN AND CONDITIONS OF REZONING
(a) Report from City Manager SEPT13-99-471 WII
(b) Hearing to consider a request for a change of concept plan and conditions of rezoning. Applicant: Mr. Charlie Deans of Planners Ink, representing the applicant, Walgreen's Pharmacy. The property is located on the northeast corner of Houghton Road and Broadway Boulevard. The original preliminary development plan was for the development of a 206,000-square-foot retail center consisting of three major tenant buildings attached by a series of retail buildings, a second smaller retail area of three clustered buildings located between the Coronado Ridge Wash and Houghton Road, and four individual building pads adjacent to Houghton Road and Broadway Boulevard. The revised preliminary development plan maintains the major tenant development and the four individual building pads on Houghton Road and Broadway Boulevard, but modifies the three clustered buildings. The applicant is now proposing two completely separate buildings in the area between the Coronado Ridge Wash and Houghton Road, specifically a Walgreen's Pharmacy store on the southern portion with frontage on both Houghton Road and Broadway Boulevard. The applicant is also requesting the modification of rezoning conditions 1.e and 8 that restrict the number of access points onto Broadway Boulevard to a maximum of two (2) locations to allow for a third vehicular access point and the minimum distance of an access point from Houghton Road. The Planning Department recommends approval of the requested change of concept plan, and change of rezoning conditions 1.e and 8. The revised preliminary development plan addresses all of the original concerns and maintains compliance with the other conditions placed on the rezoning. A fully integrated development plan will be required if the entire site is to be scheduled for ordinance adoption. The City Manager's recommends the Mayor and Council approve the requested change of concept plan and change of rezoning conditions 1.e and 8, subject to the following conditions.
REVISED 1. Submittal of a development plan for review and approval in accordance with Section 5.3.8 of the LUC, in substantial compliance with the revised preliminary development plan presented to the Mayor and Council on November 9, 1989, and supplemented on September 13, 1999, including, but not limited to:
a. a six-foot masonry screen wall and canopy trees along the north, northeast, and east property lines (screen walls shall not block the 100-year floodplain of the Coronado Ridge Wash). Canopy trees planted within the minimum ten-foot wide landscape buffer along the east property line adjacent to Silverado Hills Subdivision Block 3 shall consist of mature trees, 4 inch caliper
of or larger, transplanted from the site at a minimum of one tree per 20 linear feet; canopy trees planted along the north property line, per the landscape ordinance;
b. a three-foot-high screen wall along the south and west property boundaries where the proposed development is adjacent to residential property (screen walls shall not block the 100-year floodplain of the Coronado Ridge Wash);
c. a maximum building height of 35 feet for Anchors I, II, and III and connecting retail buildings (subject to Board of Adjustment variance); and 28 feet for all other buildings;
d. all lighting for the entire center to be low pressure sodium designed for safety which is shielded and directed away from adjacent areas. Light poles shall not exceed 20 feet in height and shall maintain a 20 foot setback from the north, northeast and east property lines;
REVISED e. limitation of two access points on Houghton Road and three
two on Broadway Boulevard;
f. a minimum of 23% of the rezoning site to remain as consolidated open space, which may include safety drainage improvements, as approved by the City Engineer. The grading and drainage plans shall identify control limits for designated undisturbed areas which will be staked to prevent grading (with stakes to be connected);
g. the net number of salvageable trees and cacti along the wash and in the consolidated open space shall not be diminished when compared to the natural site conditions and shall be enhanced, wherever possible, to mitigate removal caused by construction. In consolidated open space areas, where it may be necessary to remove existing vegetation, these areas shall be restored with the following mixture of plant materials per 4000 square feet of disturbed area; 6 trees (minimum 15 gallon), 36 shrubs, 24 cacti and reseeded with a desert seed mix;
h. a landscape plan;
i. all loading and unloading and garbage pick-up limited to between the hours of 6:00 a.m. and 10:00 p.m.;
j. no vehicular openings along the east building wall of proposed Anchor III;
k. no more than two businesses with drive-in facilities;
l. a concept grading plan; and
m. a drainage report.
2. Developer shall hire a qualified native plant salvage firm to designate all salvageable trees and cacti on the site. Trees shall be marked for salvage and prepared for transplant where applicable or marked to be protected and saved in place. At the time the trees are designated for salvage, a copy of the plant inventory and salvage schedule shall be forwarded to the Planning Department for review. Approval of the plant inventory and schedule shall not occur until after review by the City Engineer and Houghton Neighborhood.
3. Grading permit to be issued in conjunction with the issuance of a building permit.
4. Deleted (by Ordinance No. 8812).
5. The owner/developer shall dedicate additional right-of-way, per the Major Streets and Routes Plan as follows:
a. Houghton Road; 100 feet one-half right-of-way; and
b. Broadway Boulevard: 60 feet midblock one-half right-of-way, including 75 foot intersection widening, together with a 25 foot radius spandrel at the street intersection.
6. The owner/developer shall install, at no expense to the public, or contribute to an escrow account for street improvements as follows:
a. additional 12 foot lane, curb and sidewalk along the Houghton Road frontage;
b. additional 12 foot lane, curb and sidewalk along the Broadway frontage; and
c. appropriate pavement transitions on both streets.
7. Deleted (by Ordinance No. 8812).
REVISED 8. Access points shall be minimum of 300 feet from the section corner of Houghton Road and 175 feet from Broadway Boulevard. One-foot no-access easements shall established.
9. The owner/developer shall install the necessary interim pavement on both Broadway Boulevard and Houghton Road to accommodate left and right turn lanes to the site.
10. All weather access shall be provided for both internal and external streets.
11. The development shall comply with the Houghton East Neighborhood Plan and Houghton East Basin Management Plan pertaining to development along and within the Coronado Ridge Wash.
12. The owner/developer shall install additional cells and appurtenances in the existing box culvert or contribute to an escrow account for improvements to allow for additional capacity under Broadway Boulevard, and also install the box culvert and appurtenances or contribute to an escrow account for the installation of the box culvert under Houghton Road. All improvements are to adequately convey storm runoff from a 100-year event.
13. The Coronado Ridge Wash shall be subject to the requirements of the Watercourse Amenities, Safety and Habitat (WASH) ordinance.
14. Any relocation, modification, etc. of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
15. The owner/applicant is allowed two years to January 22, 2000, to comply with all Code requirements and conditions of rezoning.
16. A pedestrian circulation system with minimum six-foot-wide concrete or textured sidewalks shall be provided to all buildings, parking areas and public sidewalks, including a central pedestrian connection between the front specialty center and the rear major retail center.
17. Pedestrian trails shall be incorporated within and along the Coronado Ridge Wash. Gates shall be provided on pedestrian trails crossing the wash to prevent access during flood conditions.
18. Similar architectural treatment shall be provided for the entire shopping center with architectural compatibility of all building
s design elements such as signs, lighting, screen walls, monuments, landscaping including a variety of rooflines.
19. Naturally appearing southwestern materials and colors shall be utilized to complement the existing neighborhood.
20. Trash dumpsters and delivery areas shall be internalized and located away from the perimeter of the property a minimum fifty (50) feet from any residentially zoned property.C9-89-36
21. All on-site utilities shall be underground.
22. Deleted (by Ordinance No. 8812).
23. Temporary perimeter debris screens shall be erected by the developer during building construction to prevent litter and debris accumulating on adjacent properties.
24. Necessary retention/detention basins shall be
relocated outside the Coronado Wash Channel, its associated riparian vegetation zone and its post development 100-year floodplain. Any retention/detention basins other than parking lots shall be revegetated as required.
25. Deleted (by Ordinance No. 8812).
26. A minimum 90 foot building setback from the east property line shall be required, as shown on the concept plan.
27. The owner/developer shall submit to the Houghton Neighborhood Association an architecturally integrated development plan for the center including signage, as it becomes developed, but in no event less than fifteen (15) days prior to the scheduled CDRC meeting. Documentation of the submittal to the neighborhood association must be provided with the CDRC submittal.
28. The Houghton Neighborhood Association shall be notified in writing of any changes in the approved concept plan, development plan, or conditions of rezoning no less than fifteen (15) days prior to submittal to the City.
29. Any change of any of these conditions may, at the option of Mayor and Council, be considered for public hearing.
30. Any required or proposed masonry screen walls shall be constructed and/or painted with graffiti-resistant materials and shall be maintained in a graffiti-free condition.
31. Incorporate Safe by Design" concepts in the development plan submitted to the Community Design Review Committee for review by the Tucson Police Department.
One (1) written approval and two (2) written protests were received for the original public hearing on November 9, 1989. Neither of the protests were within the 150 foot notification area resulting in a zero percent protest. No additional approvals or protests were received for the last public hearing on February 9, 1998.
A simple majority vote will be necessary to approve the change of concept plan and change of conditions of rezoning, and to adopt an ordinance when one is presented.
11. PUBLIC HEARING: EL ENCANTO/COLONIA SOLANA NEIGHBORHOOD PLAN AMENDMENT AND ARROYO CHICO AREA PLAN AMENDMENT, SOUTHEAST CORNER OF BROADWAY BOULEVARD AND COUNTRY CLUB ROAD – OFFICE USE
(a) Report from City Manager SEPT13-99-472 WIV
(c) Resolution No. 18386 relating to planning and zoning; amending the El Encanto/Colonia Solana Neighborhood Plan and Arroyo Chico Area Plan on the southeast corner of Broadway Boulevard and Country Club Road.
The City Manager recommends that Mayor and Council adopt the proposed amendments to the El Encanto/Colonia Solana Neighborhood Plan and the Arroyo Chico Area Plan.
12. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
13. CALL TO THE AUDIENCE, for persons desiring to speak.
The next scheduled meeting of the Mayor and Council will be held on Monday, September 20, 1999, at 2:00 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.