REGULAR AGENDA ITEM NO. 4 HAS BEEN AMENDED AND CONSENT AGENDA ITEMS 3-E AND 3-F HAVE BEEN ADDED:
1. ROLL CALL
2. INVOCATION AND PLEDGE OF ALLEGIANCE
INVOCATION – Pastor Judith B. Smith, Christ Church United Methodist
PLEDGE OF ALLEGIANCE – led by Cub Scout Troop #712, Den 5
3. CONSENT AGENDA - ITEMS A THROUGH F
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. TUCSON CODE: AMENDING (CHAPTER 11) RELATING TO REGULATIONS OF SMOKING IN RESTAURANTS
(a) Report from City Manager OCT11-99-532(2) & 532(3) CITY-WIDE
ADDED (b) Ordinance A (Proposed Ordinance A extends the amount of time allowed for a restaurant to file a hardship exception application.)
Ordinance No. 9299 relating to crimes and offenses; regulating smoking in restaurants; increasing the application time period by amending Chapter 11, Article I, Section 11-19 D (3) (a) of the Tucson Code.
ADDED (c) Ordinance B (Proposed Ordinance B reduces the distance required between a designated smoking area, such as a patio, and non-smoking patrons and public entrances and exits.)
Ordinance No. 9300 relating to crimes and offenses; regulating smoking in restaurants; decreasing the distance that an outdoor smoking area can be from an entrance or exit of a restaurant by amending Chapter 11, Article I, Section 11-19 A (3) (a) of the Tucson Code.
ADDED (d) Ordinance C (Proposed Ordinance C creates a special smoking event permit system.)
Ordinance No. 9301 relating to crimes and offenses; regulating smoking in restaurants; allowing a restaurant up to twelve (12) special smoking event permits per year, providing for penalties for smoking events without a permit, by amending Chapter 11, Article I, Section 11-19 E, re-lettering to conform and adding Section 11-19 F (2) (g) to the Tucson Code.
ADDED (e) Ordinance D (Proposed Ordinance D provides for hardship applications and hardship exceptions to be filed with a hearing officer designated by the City Manager.)
Ordinance No. 9302 relating to crimes and offenses; regulating smoking in restaurants; providing for hardship applications and hardship exceptions to be filed with a Hearing Officer designated by the Manager by amending Chapter 11, Article I by amending Section 11-19 to the Tucson Code.
5. ZONING: (C9-99-18) CHRISTOPER CITY – COLUMBUS BOULEVARD, SR AND C-1 TO R-2 AND C-1, REQUEST FOR FEE WAIVER BY THE UNIVERSITY OF ARIZONA
(a) Report from City Manager OCT11-99-528 WII
(b) This is a request by Mr. Joel D. Valdez of the University of Arizona for the Mayor and Council to consider a waiver of the application fees required for a rezoning request. The application involves approximately 68 acres located west of Columbus Boulevard and north of Ft. Lowell Road. The proposed development is for a mixed use residential and commercial development.
The City Manager recommends that the Mayor and Council consider the request and provide appropriate direction regarding the fee waiver.
6. ZONING: (C9-83-09) RA HOMES – HOUGHTON ROAD, C-1 ZONE, CORRECTION OF ORDINANCE NO. 9147
(a) Report from City Manager OCT11-99-529 WII
(b) This is a request to correct the rezoning ordinance associated with rezoning caseC9-83-09 R.A. Homes – Houghton Road which was approved by the Mayor and Council on October 26, 1998. The property is located on the northwest corner of Broadway Boulevard and Houghton Road.
The correction includes the rezoning conditions recommended by the City Manager which were subsequently amended by the Mayor and Council. The amended conditions were not completely transferred to the final attachment that was included as part of the adopted Ordinance No. 9147. The City Attorney’s Office indicates that the correction cannot be addressed as a scrivener’s error; therefore, Mayor and Council action is required to correct the rezoning ordinance.
(c) Ordinance No. 9297 relating to zoning: Amending Ordinance No. 9147 by substituting conditions adopted on October 26, 1998 for previously adopted conditions, and setting an effective date.
The City Manager recommends that the Mayor and Council adopt the ordinance presented correcting the conditions related to Ordinance No. 9147.
7. PUBLIC HEARING: TUCSON CODE – AMENDING (CHAPTER 23) THE LAND USE CODE RELATING TO NATIVE PLANT PRESERVATION (CONTINUED FROM THE MEETING OF JUNE 28, 1999)
(a) Report from City Manager OCT11-99-525 CITY-WIDE
(c) Ordinance No. 9246 relating to planning and zoning: Amending Chapter 23, the Land Use Code; Article III, Development Regulations Division 8, Native Plant Preservation; and setting an effective date.
8. PUBLIC HEARING: ZONING (C9-98-25) STARR PASS AND MOUSSA – STARR PASS BOULEVARD, SR AND R-1 TO C-1 AND R-1 TO SR, ZONING EXAMINER'S REPORT (CONTINUED FROM THE MEETING OF FEBRUARY 22, 1999)
(a) Report from City Manager OCT11-99-526 WI
(b) Report from Zoning Examiner dated November 13, 1998
(c) Hearing on a continued public hearing for property located within the Starr Pass Development adjacent to Starr Pass Boulevard approximately one mile west of the Shannon Road alignment and approximately one-third to one mile south of the Broadway Boulevard alignment. The recommendation of the Zoning Examiner was appealed by an adjacent property owner and the case scheduled for consideration by Mayor and Council at a public hearing on February 22, 1999. Due to the number of issues raised by the neighborhood regarding density, traffic and the use of existing recreational facilities, the applicant requested that the public hearing be continued to a future undetermined date.
None of these issues have been adequately addressed in the revised information provided by the applicant. The Planning Department originally recommended approval of SR and C-1 zoning for the entire rezoning site (approximately 77.2 acres and 486 casitas), subject to certain conditions. The Zoning Examiner also recommended approval of the request subject to certain conditions. A number of concerns were raised by City staff and adjacent property owners including noncompliance with previous conditions of an earlier rezoning case relating to street improvements. The concerns raised in the original hearing(s) have not been adequately addressed except for the overall reduction in area and number of units. The deletion of the Moussa property and Block 17 now raises additional issues regarding access and the future development of those properties which need to be adequately reviewed and addressed prior to further Mayor and Council action. The City Manager recommends that the Mayor and Council remand the rezoning request back to the Zoning Examiner for a new public hearing on the revised application.
A total of zero (0) written approvals and 275 written protests were originally received. An additional protest has been received from Mr. Albert Moussa, owner of the Moussa property. This new protest effects the original protest area and levels. Thirty-nine (39) of the protests are located within the 300-foot notification area and thirteen (13) of those protests are located within the 150-foot notification area. This now results in a 75 percent protest by area to the south, a 5 percent protest to the east, and a zero (0) percent protest to the west and north.
A ¾ majority vote of the Mayor and Council will be necessary to adopt an ordinance once the conditions of rezoning have been met.
NOTE: Council Member Ibarra, on behalf of the applicant, has requested that this item be continued to October 25, 1999.
9. PUBLIC HEARING: ZONING (C9-99-SP-7) LA ESTANCIA SPECIFIC PLAN, SH, C-2 AND I-1 TO SP-7 ZONE, ZONING EXAMINER'S REPORT AND ORDINANCE ADOPTION
(a) Report from City Manager OCT11-99-530 WIV
(b) Report from Zoning Examiner dated September 24, 1999
(c) Hearing on a request to rezone approximately 565 acres from SH, C-2 and I-1 to SP-7 zoning. Applicant: Michael Grassinger of the Planning Center, on behalf of the R. B. Price Company and the Wilmot and I-10 Investments L.L.C., to rezone approximately 565 acres from SH, C-2 and I-1 to SP-7 zoning. The rezoning site is located east of Wilmot Road, west of Kolb Road, north of Interstate 10, and south of the Union Pacific Railroad tracks.
The request is for a mixed-use development that will include single-family and multi-family residential uses, commercial and industrial uses, and open space. The commercial development is proposed to be incorporated in a central neighborhood village center and along Wilmot Road and Kolb Road, with light industrial uses proposed along the Union Pacific Railroad tracks. The Zoning Examiner recommends approval of the La Estancia Specific Plan (SP-7). The Planning Department recommends approval of the La Estancia Specific Plan (SP-7) and adoption of the ordinance presented. The City Manager recommends approval of the La Estancia Specific Plan (SP-7) and adoption of the ordinance presented. The ordinance presented incorporates the entire La Estancia Specific Plan and Design Guidelines as exhibits. Adoption of an ordinance should be subject to the following conditions.
1. Recordation of a Block Plat for the entire La Estancia Specific Plan development by October 11, 2004, including, but not limited to:
a. Dedication of right-of-way for all arterial and collector roadways.
b. Dedication of right-of-way for all drainage improve-ments/modifications.
(d) Ordinance No. 9298 relating to zoning: Amending zoning district boundaries in the area east of Wilmot Road, west of Kolb Road, north of Interstate 10, and south of the Union Pacific Railroad tracks in Case No. C9-99-SP-7, La Estancia Specific Plan.
Twelve (12) written approvals and five (5) written protests were received. One (1) of the protests is located within the 150 foot notice area resulting in a protest by area of 1.02 percent to the east and zero (0) percent to the north, west and south.
A simple majority vote of the Mayor and Council will be necessary to approve the La Estancia Specific Plan and adopt the ordinance presented rezoning the subject property from SH, C-2 and I-1 to SP-7, should the Mayor and Council choose to do so.C9-99-SP-7
10. PUBLIC HEARING: ZONING (C9-86-33) ENTERPRISE GROWTH GROUP – TUCSON BOULEVARD, O-3 AND R-3 ZONE, CHANGE OF CONCEPT PLAN, CONDITIONS OF REZONING AND ORDINANCE ADOPTION
(a) Report from City Manager OCT11-99-520 WV
(b) Hearing on a request by Ms. Wocky Redsar of OPW and Associates, Inc., representing the property owner/developer, Kaufman and Broad, for a change of concept plan and change of rezoning conditions on property located on the southeast corner of Bantam Road and Tucson Boulevard. The subject parcel is a portion of a 52.0 acre rezoning case approved by the Mayor and Council for approximately 11.0 acres of R-4 (O-3) and 41.0 acres of R-3. The O-3 portion of the property was originally approved for approximately 150,000 square feet of two-story offices and the R-3 portion originally approved for a total of 1,175 two-story apartments with an average density of 23.0 units per acre. The southeastern 18.6 acres of the R-3 property has been permitted for approximately 250 two-story apartments, which are currently under construction. The revised preliminary development plan now being presented for the remaining 33.4 acres is for 177 one and two-story, single-family detached residences with an average density of 5.3 units per acre. The applicant is also requesting the modification of six (6) rezoning conditions (1.d, 1.e, 1.g, 1.i. 1.j, and 1.k.) to separate conditions specifically relating to the existing apartment development from the proposed single-family development, and the deletion of one (1) rezoning condition (1.f.) that requires a landscaped median in Forgeus Avenue. A public hearing before the Mayor and Council has been scheduled on this item because it is considered to be a major change from the original concept plan approved in 1986. The Planning Department recommends approval of the requested change of concept plan and the modification of rezoning conditions 1.d., 1.e., 1.g., 1.i., 1.j., and 1.k., and further recommends additional modifications to conditions 1., 1.a., and 1.c., the deletion of conditions 3. and 5., and the addition of conditions 6., 7., 8., 9., and 10. The deletion of condition 1.f. is not recommended by staff because it is individually addressed by the Development Guidelines which were developed specifically for the development of this area.. The City Manager recommends the Mayor and Council approve the requested change of concept plan and change of rezoning conditions, and adopt the attached ordinance, subject to the following amended conditions.
REVISED 1. A
n approved development plan/tentative plat, in substantial compliance with the revised Preliminary Development Plan and revised Design Compatibility Report, shall be submitted for review and approval in accordance with Section 4.1.0 and/or 5.3.8 23-409 of the Tucson Land Use Code (LUC) including, but not limited to:C9-86-33
REVISED a. a drainage report be submitted for review and approval, including retention and detention calculations and requirements;
b. pedestrian access to Esperanza Elementary School;
REVISED c. landscaping along Tucson Boulevard in accordance with the Gateway Routes ordinance and a minimum ten (10) foot wide landscape buffer with canopy trees along Bantam Road and Forgeus Avenue. All landscape buffers are to comply with LUC § 3.7.2.;
REVISED d. a six foot high masonry wall and drought-tolerant landscaping, including trees that will grow to a minimum height of ten feet at maturity along the east property line of the apartment development;
REVISED e. canopy trees placed at regular intervals throughout the parking area of the apartment development;
REVISED f. landscaped medians to be developed in Forgeus Avenue if approved by the City Engineer.
In private collector street The medians are to include canopy trees, shrubs and groundcover at a density comparable to a street landscape buffer identified in LUC § 3.7.2.;
REVISED g. exterior building materials of stucco, textures, rough or smooth-finished concrete, or similar materials for the apartment development. The single-family development shall use earthtone materials and colors. Brighter colors may be used for accent;
h. all roof and ground-mounted mechanical equipment screened on all sides;
REVISED i. outdoor lighting for the apartment development shall be directed and shielded away from existing or proposed residential uses;
REVISED j. no refuse collection areas for the apartment development shall be located between a street and the front of a building;
REVISED k. all refuse containers for the apartment development shall be screened from view;
1. no clearing, grubbing and/or grading of the property until a tentative block plat is approved;
m. no chain link fences used for screening along Tucson Boulevard and Bantam Road; and
n. design features specified in the Development Guidelines noted for Residential Site 7 of the Kino Area Plan should be provided.
2. Department of Transportation requirements as stated in memorandums dated July 28, 1986, September 2, 1986, and October 8, 1986.
Additional fire hydrants will be necessary to comply with Section 10.301 (c) of the Tucson Fire Code.
4. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development will be at no expense to the public.
Three years to comply with all Code requirements and conditions of rezoning.
ADDED 6. The owner/developer shall dedicate, or verify the existence of, right-of-way on Tucson Boulevard and Bantam Road per the Major Streets and Routes Plan.
ADDED 7. The owner/developer shall install, or verify the existence of, necessary pavement, curb, and sidewalks along Tucson Boulevard and Bantam Road, including full length deceleration/right turn lanes, per the requirements of the City Engineer. This improvement shall include the lengthening of the box culvert under Tucson Boulevard per previous agreements.
ADDED 8. Water harvesting techniques shall be incorporated in all new development by conveying all rooftop, parking area access lane (PAAL) and parking area drainage to designated water harvesting areas.
ADDED 9. 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.
ADDED 10. "Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department.
(c) Ordinance No. 9296 relating to zoning: Amending conditions on property zoned R-3 and O-3 located in the vicinity of the southeast corner of Tucson Boulevard and Bantam Road in rezoning Case No. C9-86-33 Enterprise Growth Group and amending Ordinance No. 8086.
Five (5) written approvals and two (2) written protests were received for the original Mayor and Council Action on July 6, 1993. Two (2) protests were located within the 150 foot notification area representing a six (6) percent protest to the west and a zero (0) percent protest to the north, south and east. Because of the age of the rezoning case, the individual approval and protest forms are no longer available.
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. Since an ordinance for this case was originally adopted by Mayor and Council, a new ordinance is being forwarded for adoption with the recommended change of conditions, should the Mayor and Council choose to approve this request.
11. PUBLIC HEARING: (HPZ 99-16) HISTORIC PRESERVATION ZONE DEMOLITION APPLICATION FOR CONTRIBUTING HISTORIC STRUCTURE LOCATED AT 252 NORTH MAIN AVENUE (CONTINUED FROM THE MEETING OF OCTOBER 4, 1999)
(a) Report from City Manager OCT11-99-531 WI
(b) Hearing on a request to demolish structure located in the El Presidio Historic Zone based on information provided regarding whether or not the property owner is experiencing unreasonable economic hardship by retaining the subject structure per Section 126.96.36.199 of the Tucson Land Use Code. Property owner: Carmen Dolny. The El Presidio Zone Advisory Board voted unanimously on August 6, 1999, to oppose the demolition of the structure based on insufficient evidence of economic hardship. The Tucson-Pima County Historical Commission voted to accept the recommendation of the Plans Review Subcommittee that there is not sufficient evidence of economic hardship to warrant demolition of the structure. The Planning Director recommends denial of the demolition application.
The City Manager recommends that Mayor and Council consider the materials submitted and the statements of the property owner and others relating to economic hardship. It is further recommended that, at the conclusion of the public hearing, Mayor and Council vote to grant or deny a demolition permit for the subject property.
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, October 18, 1999, at 2:00 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.