MAYOR AND COUNCIL
PAST AGENDAS

OCTOBER 23, 2000
***1:00 P.M.***
TUCSON CONVENTION CENTER GRAHAM/GREENLEE ROOMS
260 SOUTH CHURCH
TUCSON, ARIZONA

(Note: Study Session will commence immediately following adjournment of the Tucson/South Tucson Enterprise Zone Commission Meeting)

ESTIMATED DURATION

TOPICS

COMMENTS

25 mins.

1. Executive Session - Broadway North Landfill CleanUp (City-Wide)

SS/OCT23-00-477

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 TUCSONíS 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 - Broadway North Landfill CleanUp (City-Wide)
SS/OCT23-00-478

REPORT/RECOMMENDATION

15 mins.

3. Executive Session - Consideration of Contract for Sale of Lot 4 La Entrada to the Manning House LLC (Ward 1) * SS/OCT23-00-485

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 TUCSONíS 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) AND DISCUSSION OR CONSULTATION WITH DISIGNATED REPRESENTATIVES OF THE CITY OF TUCSON IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATIONS FOR THE PURCHASE, SALE OR LEASE OF REAL PROPERTY PURSUANT TO A.R.S. 38-431.03(A)(7)

10 mins.

 

4. Consideration of Contract for Sale of Lot 4, La Entrada to the Manning House LLC (Ward 1) * SS/OCT23-00-472

REPORT/DISCUSSION

7 mins.

5. Mayor and Council Discussion of Regular Agenda SS/OCT23-00-488

 

10 mins.

6. Discussion of: Public Hearing: Increase in Water Rates (City-Wide and Outside the City)* SS/OCT23-00-475

REPORT/DISCUSSION

*ALSO ON REGULAR AGENDA

ESTIMATED DURATION

TOPICS

COMMENTS

7 mins.

7. Pima Association of Governments (PAG) Management Committeeís Recommendations to Regional Council (City-Wide) SS/OCT23-00-482

REPORT/RECOMMENDATION

20 mins.

8. Presentation from the Metropolitan Energy Commission - Civano: Affirming the Energy Standards (Ward 1)

SS/OCT23-00-483

REPORT/RECOMMENDATION

15 mins.

9. Status Report: Youth and Family Needs and Funding (City-Wide) SS/OCT23-00-484

REPORT/RECOMMENDATION

10 mins.

10. 2000-2001 Youth Employment Program - Request for Additional Funds from Ward 4 (Ward 4) (Contíd from Meeting of 10/16/00) SS/OCT23-00-479

REPORT/RECOMMENDATION

10 mins.

11. Alliance for Local Telecommunications Authority; A Partnership of Cities/Membership (City-Wide)

SS/OCT23-00-476

REPORT/RECOMMENDATION

7 mins.

12. Boards, Committees and Commissions

SS/OCT23-00-474

 

7 mins.

13. Request For Funds - De Porres, Inc. (Ward 1) (Contíd from the Meeting of 10/9/00)

SS/OCT23-00-480

REPORT/RECOMMENDATION

7 mins.

14. Request for Funds - Anytown, USA

(Ward 4) SS/OCT23-00-486

REPORT/RECOMMENDATION

7 mins.

15. Request for Funds - Santa Rita High School

(Ward 4) SS/OCT23-00-487

REPORT/RECOMMENDATION

7 mins.

16. Mayor and Council Discussion of Future Agendas SS/OCT23-00-473

 

FOR INFORMATION ONLY

17. Administrative Action Report and Summary - SS/OCT23-00-481

MAYOR AND COUNCIL REGULAR AGENDA
MONDAY, OCTOBER 23, 2000 - 7:30 P.M.
TUCSON CONVENTION CENTER
GRAHAM/GREENLEE ROOMS
(260 SOUTH CHURCH AVENUE, TUCSON, ARIZONA)


REGULAR AGENDA ITEM NOS. 9 AND 10 HAVE BEEN AMENDED:

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

3. CITY MANAGERíS REPORT: SUMMARY OF CURRENT EVENTS

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

5. CONSENT AGENDA - ITEMS A THROUGH L

FOR COMPLETE DESCRIPTION OF ITEMS
SEE THE CONSENT AGENDA

Matters listed under the Consent Agenda are considered to be routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired by members of the governing body, that item will be removed from the Consent Agenda and will be considered separately.

A liquor license application will automatically be removed from the Consent Agenda and considered as a separate item by the Mayor and Council if either of the following occurs: A protest against a liquor license application has been received by the City Clerk; OR, A City staff report recommends denial of a liquor license application.

6. PUBLIC IMPROVEMENT: FLOWING WELLS ROAD, ROGER ROAD TO MIRACLE MILE DISTRICT SIDEWALK IMPROVEMENT

    (a) Report from City Manager OCT23-00-613 WI & WIII

    (b) Report of Expiration of Protest Period.

    (c) Resolution No. 18736. Resolution of the Mayor and Council of the City of Tucson, Arizona overruling protests and ordering the improvement known as the "Flowing Wells Road, Roger Road to Miracle Mile District Sidewalk Improvement," in the City of Tucson, Arizona, and ordering the publication of a notice of the resolution ordering the work, and inviting sealed bids for making the improvement, all in accordance with the provisions of Title 48, Chapter 4, Article 2, Arizona Revised Statutes, and amendments and supplements thereto.

7. PUBLIC IMPROVEMENT: PIMA STREET, SWAN ROAD TO CRAYCROFT ROAD DISTRICT PAVING IMPROVEMENT

    (a) Report from City Manager OCT23-00-614 WVI

    (b) Report of Expiration of Protest Period.

    (c) Resolution No. 18706. Resolution of the Mayor and Council of the City of Tucson, Arizona overruling protests and ordering the improvement known as the "Pima Street, Swan Road to Craycroft Road District Paving Improvement," in the City of Tucson, Arizona, and ordering the publication of a notice of the resolution ordering the work, and inviting sealed bids for making the improvement, all in accordance with the provisions of Title 48, Chapter 4, Article 2, Arizona Revised Statutes, and amendments and supplements thereto.

8. ZONING: (C9-00-03) NEW WORLD HOMES -22ND STREET, SR AND RX-1 TO R-1 AND C-1, ZONING EXAMINER'S REPORT (CONTINUED FROM THE OCTOBER 9, 2000 MEETING)

    (a) Report from City Manager OCT23-00-615 WII

    (b) Report from Zoning Examiner dated September 8, 2000

    (c) Request to rezone approximately 18.58 acres located on the southwest corner of 22nd Street and Harrison Road from SR and RX-1 to R-1 and C-1. Applicant: Mr. Mike Grassinger of the Planning Center, on behalf of the developer New World Homes. The preliminary development plan is for a 76 lot single-family residential subdivision on 17.36 acres utilizing the Residential Cluster Project (RCP) option for a density of 4.38 units per acre and an 8,000 square foot commercial development on 1.22 acres. The Planning Department and the Zoning Examiner recommend approval of R-1 and C-1 zoning subject to staffís recommended conditions as amended including an amended condition #9, and the "contract" conditions offered by the applicant. The City Manager recommends approval of R-1 and C-1 zoning, in lieu of the originally requested C-2 zoning subject to the following conditions.

      1. A subdivision plat, in substantial compliance with the Preliminary Development Plan, the Design Compatibility Report, and Environmental Resource Report, is to be submitted for review and approval in accordance with Section 4.1.1 of the LUC, including, but not limited to:

        a. A separate development plan, limited to a maximum of 8,000 square feet of gross floor area (GFA) shall be submitted for the commercial portion of the rezoning site.

        b. A maximum of seventy-six (76) one-story residential units on the residential portion with a maximum building height of eighteen (18) feet.

        c. A maximum of one access driveway from 22nd Street to the commercial portion of the rezoning site, located at least two hundred (200) feet from the centerline of Harrison Road.

        d. A maximum of one access driveway from Harrison Road to the commercial portion of the rezoning site, located at least two hundred (200) feet from the center line of 22nd Street.

        e. A maximum of one access street to the residential portion on Harrison Road which shall align with the median opening designed in the Harrison Road - 22nd Street to Golf Links Road paving improvement district

        f. A maximum of one access street to the residential portion on 22nd Street.

        g. A one foot no-access easement around the perimeter of the project, except at the access points.

        h. A 60 foot minimum lot width for lots adjacent to the south property line.

        i. A six (6) foot tall masonry screen wall at the back of the lots adjacent to the south property line.

        j. A five (5) foot tall masonry screen wall at the back of the lots on the west property line.

        k. The Home Owners Association will be responsible for maintenance of all common areas.

        l. An opaque fence will be installed across the drainageway entering the rezoning site along the south property line between lots 19 and 20. The space below the fence will be no larger than the minimum required per the City Engineer.

        m. Development of the rezoning site shall be in compliance with the Native Plant Preservation Ordinance (NPPO).

      2. The owner/developer shall dedicate right-of-way, per the Major Streets and Routes Plan, along 22nd Street and Harrison Road.

      3. The owner/developer shall agree to participate in any future improvement district for improvements to Harrison Road and 22nd Street and to accept such assessments that would typically be levied against the property.

      4. The owner/developer shall widen 22nd Street and construct the Major Streets and Routes half-section with curbing and sidewalks to provide a continuous right turn deceleration/acceleration lane and bike lane throughout the entire frontage of the site. The widening of 22nd Street shall include a left turn deceleration lane and the property taper transition for the proposed subdivision access road.

      5. The owner/developer shall design and construct a curb median island west of the traffic signal to provide a left turn bay into the access drive of the commercial portion. The median design shall conform to the design of the Harrison Road - 22nd Street to Golf Links Road improvement project plan. The curb median will prevent any turning conflicts from the existing driveway openings on the opposite side of the street.

      6. The owner/developer shall design and build a free flow eastbound to southbound lane at the traffic signal at 22nd Street and Harrison Road.

      7. The owner/developer shall provide temporary widening of Harrison Road to provide for a northbound deceleration left turn lane into the commercial parcel if developed prior to the Harrison Road - 22nd Street to Golf Links Road district improvement project.

      8. The owner/developer shall contribute for box culverts for Robb Wash under Harrison Road and 22nd Street. The contribution shall be approximately fifty (50) percent of the cost of each culvert.

      9. The Robb Wash will be maintained as open space in accordance with the Watercourse, Amenity, Safety and Habitat Ordinance (WASH) and the following conditions:

        a. A copy of the study area delineation, hydrology/hydraulic study, plant/habitat inventory, resource area delineation, mitigation plan, wash treatment, and preservation/revegetation plan, if any, will be submitted to a representative of the neighborhood for review and comment at the same time as it is submitted to City officials for approval.

        b. Areas set aside for habitat and open space preservation in accordance with the WASH Ordinance will be protected by a perpetual deed restriction that prohibits alteration of wildlife habitat or landscape from its natural state or consumption of the open space.

      10. The eastern tributary shall be adequately designed to accept the 100-year off-site storm runoff. Its confluence shall be designed to comply with City drainage standards.

      11. A drainage report shall be submitted for review and approval, including retention/detention calculations/requirements.

      12. Water harvesting techniques shall be utilized by conveying rooftop, parking area access lane (PAAL), and parking area drainage to designated water harvesting areas. In the residential areas, storm runoff may be first directed to landscape areas with overflow into the Robb Wash channel. Lots shall not be graded to accept lot to lot drainage.

      13. The owner/developer shall contribute for improvements to the Old Spanish Trail Bicycle and Pedestrian Path. The contribution shall be determined in conjunction with the City and County Parks and Recreation Departments based on the final number of residential units.

      14. a. A minimum ten (10) foot wide landscape buffer with canopy trees shall be provided adjacent to the 22nd Street and Harrison Road right-of-ways and the existing R-1 zoned land to the west of the rezoning site.

      b. A minimum twenty (20) foot wide landscape buffer with canopy trees shall be provided adjacent to the existing R-1 zoned land to the south of the rezoning site including a landscaped drainageway.

      15. Commercial structures, walls, and residential units shall be constructed of building materials that are muted desert colors, or painted muted desert colors which will blend with the local desert environment. Brighter colors shall be limited to accent use.

      16. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. Those screen walls visible from the public right-of-way shall incorporate one of the following decorative materials: (a) tile, (b) stone, (c) brick, (d) textured brick/block, (e) a coarse-textured material such as stucco or plaster, or (f) a combination of the above materials. In addition, any continuous wall greater than 75 feet in length and 3 feet in height shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

      17. Mechanical units shall be ground mounted.

      18. All outdoor lighting shall be directed down and away from residential parcels and public roadways and be as low in elevation as possible.

      19. All new dumpsters and loading spaces shall be placed at least fifty (50) feet from residentially zoned or developed property.

      20. An on-the-ground survey by a qualified archeologist shall be performed before any ground modification, and if any remains are found, a data recovery program approved by the Arizona State Museum shall be performed. Archeological/cultural remains encountered during ground modification activities shall be mitigated in accordance with guidelines provided by the Arizona State Museum.

      21. Areas set aside for habitat and open space preservation in accordance with the WASH Ordinance will be fenced off and protected prior to any on-site development activity.

      22. The U. S. Fish and Wildlife Services guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.

      23. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.

      24. "Safe by Design" concepts shall be incorporated in the development plan and subdivision plat for review by the Tucson Police Department.

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

      26. A silt fence will be in place before grading occurs to deter snakes from entering adjacent properties to the south and west of the site.

      27. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.

    Zero written approvals and fifteen (15) written protests have been received. This results in a zero percent protest by area to the north and east, 67.27 percent protest to the south, and 28.57 percent protest by area to the west.

    A three-fourths majority vote of the Mayor and Council will be necessary to adopt an ordinance once the conditions of rezoning have been met.

9. REAL PROPERTY: CONTRACT FOR SALE OF LOT 4, LA ENTRADA, TO THE MANNING HOUSE, LLC

    (a) Report from City Manager OCT23-00-626(2) WI

    ADDED (b) Ordinance No. 9480 relating to real property; vacating and declaring certain portions of Lot 4 of La Entrada to be surplus and authorizing the sale thereof to the Manning House Estate, L.L.C.

10. PUBLIC HEARING: AMENDING TUCSON CODE (CHAPTER 20) RELATING TO SOLICITATION FROM OCCUPANTS IN MOTOR VEHICLES

    (a) Report from City Manager OCT23-00-627(2) CITY-WIDE

    (b) Hearing

    (c) Ordinance No. 9479 relating to motor vehicles and traffic; prohibiting the solicitation of employment, business or contributions from occupants of motor vehicles; by amending Chapter 20, Article X, Section 20-500; and by repealing Chapter 20, Article X, Section 20-501 and adding a new Article Chapter 20, Article X, Section 20-501.

    ADDED The City Manager recommends that the Mayor and Council authorize implementation of a Social Services Plan should the ordinance be approved.

11. PUBLIC HEARING: ZONING (C9-00-23) RITA 244 LLC - RITA ROAD, I-1, I-2 AND RX-1 TO C-2, I-1 AND I-2, ZONING EXAMINER'S REPORT AND ORDINANCE ADOPTION

    (a) Report from City Manager OCT23-00-620 WIV

    (b) Report from Zoning Examiner dated October 6, 2000

    (c) Hearing on a request to rezone approximately 219 acres located on the east side of Rita Road between the Union Pacific Railroad and Inter State 10 from I-1, I-2 and RX-1 to C-2, I-1 and I-2 zoning. Applicant: The Planning Center on behalf of the property owners, Rita 244 LLC. The preliminary development plan proposes an approximately 550,000 square-foot food and beverage plant on 85 acres, 795,000 square feet of industrial uses within a 99-acre employment campus, and 270,000 square feet of commercial uses on approximately 37 acres. The commercial uses include 19 acres of retail/office, 7 acres of lodging and retail, and 11 acres of highway commercial. The Planning Department recommends approval of C-2, I-1, and I-2 and adoption of the ordinance presented, subject to certain conditions. The Zoning Examiner recommends approval of C-2, I-1, and I-2 zoning, subject to certain conditions. The City Manager recommends approval of I-2 zoning, and adoption of the ordinance for Phase I , subject to the following conditions.

      1. A development plan, in substantial compliance with the preliminary development plan, the Design Compatibility Report, and the Environmental Resource Report, is to be submitted and approved in accordance with Section 5.3.8 of the LUC, including, but not limited to:

        a. Employee entrance on Rita Road to line up with the existing access point on the west side of the road. A maximum of two access points to Rita Road.

        b. A linear park/trail within the 50 foot WASH ordinance Study Area along the Julian Wash. The specific design of the linear park/trail shall be subject to review and approval by the Tucson Parks and Recreation Department in consultation with the Pima County Parks and Recreation Department.

      2. The owner/developer shall provide northbound deceleration/acceleration lanes for the new access opening drives and the southbound left turn bay for access driveways designed for trucking usage. Access driveways designed for truck usage must be at an existing median opening or the median modified to provide an opening. A traffic signal warrant analysis shall be required prior to expansion of the food and beverage plant.

      3. In lieu fees shall be required to cover the cost of a third 12-foot travel lane, a 5-foot bike lane, curb and six-foot wide sidewalk along the entire Rita Road frontage. Where curb and sidewalk exists the in-lieu fee can be reduced by those quantities.

      4. A Master Drainage Report shall be submitted for the entire area of Phase I as provided in the Development Agreement.

      5. Compliance with the WASH ordinance and Floodplain regulations as provided in the Development Agreement.

      6. The owner/developer shall contribute, in full, the cost of improving any structure(s) under Rita Road to convey the increased peak discharges caused by development and elimination of natural tributary washes.

      7. The proposed detention/retention areas shall be designed to serve as watershed harvesting areas. All roof and onsite parking area drainage shall first be directed to such designated watershed harvesting areas prior to discharging into the Julian Wash and/or tributary channels.

      8. A "fair disclosure" statement indicating that certain types of military air and ground training activity occur at Davis-Monthan Air Force Base and that the subject property is located within Territory in the vicinity of a Military Airport in accordance with state law, shall be included as part of any development plans, final plats, information brochures, and sales/rental agreements.

      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. 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.

      10. All outdoor lighting shall be directed down and away from public roadways and be as low in elevation as possible.

      11. A plan shall be formulated and implemented meeting the recommendations of the report by Old Pueblo Archaeology Center regarding sites AZ BB: 13:555 and AZ BB: 13:556.

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

      13. Common themes for landscaping, signage, and screen walls shall be established throughout the facility.

      14. A similar level of architectural detailing shall be required on all sides of the buildings and structures.

      15. All areas identified as NUOS or other designated open space are to be fenced off and protected prior to any on-site development activity.

      16. The U. S. Fish and Wildlife Service guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.

      17. The Arizona Game and Fish Department guidelines regarding raptors, bats, Gila monsters, and special status plants and animals shall be followed.

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

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

      20. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.

    The City Manager recommends approval of the requested C-2 and I-1 zoning for all phases subsequent to Phase I, subject to the following conditions:

      1. A development plan, in substantial compliance with the preliminary development plan, the Design Compatibility Report, and the Environmental Resource Report, is to be submitted and approved in accordance with Section 5.3.8 of the LUC, including, but not limited to:

        a. Access points on Rita Road to line up with the access points on the west side of the road. The number of other access points shall be minimized.

        b. Provision for a hierarchy of streets, including a spine road that will facilitate access to Rita Road from the state lands on the south and east boundaries of the rezoning site.

        c. Provisions for future transit on Rita Road and within the project.

        d. Provision for an integrated pedestrian system which allows pedestrian access from the employment campus to the retail/office component and future transit stops.

        e. A linear park/trail within the 50 foot WASH ordinance Study Area along the Julian Wash. The specific design of the linear park/trail shall be subject to review and approval by the Tucson Parks and Recreation Department in consultation with the Pima County Parks and Recreation Department.

      2. The owner/developer shall dedicate right-of way, per the Major Streets and Routes Plan, along Rita Road as required.

      3. A Traffic Impact Analysis shall be provided by the owner/developer prior to any review or development. The report shall provide information on the impact of all the proposed uses on the overall surrounding transportation systems. The study horizon shall include the opening year of the development, five (5) years after the opening, and ten (10) years after the opening. The study shall specifically address future operations of the Interstate 10/Rita Road interchange and make recommendations for improvements to be funded by the owner/developer. Review and approval of the traffic study will be coordinated with the Arizona Department of Transportation by the City of Tucson Department of Transportation.

      4. If the transportation study determines that a traffic signal will be warranted in the future, the location shall be in compliance with Mayor and Council location policies.

      5. In lieu fees shall be required to cover the cost of a third 12-foot travel lane, a 5-foot bike lane, curb and six-foot wide sidewalk along the entire Rita Road frontage. Where curb and sidewalk exists the in-lieu fee can be reduced by the those quantities.

      6. The street layout and cross section shall provide for the future addition of transit to and within the project.

      7. A Master Drainage Report shall be submitted for the entire area of the C-2 and I-1 zoned areas Phase I as provided in the Development Agreement.

      8. Compliance with the WASH ordinance and Floodplain regulations as provided in the Development Agreement.

      9. The owner/developer shall contribute, in full, the cost of improving any structure(s) under Rita Road to convey the increased peak discharges caused by development and elimination of natural tributary washes.

      10. The proposed detention/retention areas shall be designed to serve as watershed harvesting areas. All roof and onsite parking area drainage shall first be directed to such designated watershed harvesting areas prior to discharging into the Julian Wash and/or tributary channels.

      11. Specific proposed future land uses shall be compatible with Davis-Monthan Air Force Base activities. Davis-Monthan Air Force Base community planning staff shall be consulted on all development plans and/or subdivision plats regarding compatibility with base activities.

      12. A "fair disclosure" statement indicating that certain types of military air and ground training activity occur at Davis-Monthan Air Force Base and that the subject property is located within territory in the vcinity of a Military Airport in accordance with state law, shall be included as part of any development plans, final plats, information brochures, and sales/rental agreements.

      13. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. Those screen walls visible from the public right-of-way shall incorporate one of the following decorative materials: (a) tile, (b) stone, (c) brick, (d) textured brick/block, (e) a coarse-textured material such as stucco or plaster, or (f) a combination of the above materials. In addition, any continuous wall greater than 75 feet in length and 3 feet in height shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

      14. All outdoor lighting shall be directed down and away from residential parcels and public roadways and be as low in elevation as possible.

      15. A plan shall be formulated and implemented meeting the recommendations of the report by Old Pueblo Archaeology Center regarding sites AZ BB: 13:555 and AZ BB: 13:556.

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

      17. Common themes for landscaping, signage, and screen walls shall be established throughout the C-2 and I-1 zoned areas.

      18. Architectural detailing shall be required on all sides of structures.

      19. Principal buildings shall have clearly defined, highly visible customer entrancing featuring at least three (3) of the following: canopies, porticos, overhangs, recesses/projections, arcades, raised cornice parapets over the door, peaked roof forms, arches, outdoor patios, display windows, architectural details such as tile work or moldings, or integral planters or wing walls that incorporate landscaped areas.

      20. Drive-through windows shall be oriented away from street frontages.

      21. All areas identified as NUOS or other designated open space shall be fenced off and protected prior to any on-site development activity.

      22. The U. S. Fish and Wildlife Service guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.

      23. The Arizona Game and Fish Department guidelines regarding raptors, bats, Gila monsters, and special status plants and animals shall be followed.

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

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

      26. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.

    (d) Ordinance No. 9476 relating to zoning: Amending zoning district boundaries in the area located on the east side of Rita Road between the Union Pacific Railroad and Interstate 10 in Case C9-00-23 Rita 244 LLC, I-2 and RX-1 to I-2 (Ward 4).

    One written approval and zero written protests have been received.

    A simple majority vote will be necessary to adopt the ordinance presented for Phase I of the project and an ordinance rezoning the subsequent phases of the project once the conditions of rezoning are met.

12. PUBLIC HEARING: ZONING (Co9-95-04) EJM/UNIVERSITY OF ARIZONA - RIVER ROAD, SR TO R-3, TIME EXTENSION, CHANGE OF CONDITIONS AND ORDINANCE ADOPTION

    (a) Report from City Manager OCT23-00-622 WIII

    (b) Hearing on a request to change the conditions of rezoning established for this case including a request for a time extension for property located on the north side of the Rillito River approximately 700 feet south of River Road and approximately 700 feet east of Campbell Avenue. Applicant: Mary Beth Savel of Lewis and Roca, on behalf of the property owners EJM Development Company. The preliminary development plan is for 17 apartment buildings containing 204 residential units on 10.2 acres. The Planning Department recommends the Mayor and Council approve the requested change of conditions and time extension and adopt the ordinance presented which are both based on the Development Agreement approved with the adoption of Resolution No. 18566. The City Manager recommends the Mayor and Council approve the requested change of conditions and time extension from June 18, 2004, to June 20, 2005, and adopt the ordinance presented. The recommended rezoning conditions, which replace in their entirety the existing rezoning conditions, are provided below.

      1. A development plan, in substantial compliance with the Preliminary Development Plan, shall be submitted for review and approval in accordance with Section 5.3.8 of the LUC, including, but not limited to:

        a. Building heights are restricted to a maximum of 28 feet.

        b. Adherence to the preliminary development plan presented to the Mayor and Council at the August 7, 1995, public hearing.

        c. Any street and security lighting shall be shielded or directed away from adjacent residential uses and mounted no higher than fifteen feet (15) feet.

        d. All new on-site utilities, and where possible, all existing on-site utilities (excluding existing TEP transmission lines on the southwestern portion of the property), shall be placed underground.

      2. The owner/applicant shall dedicate from its property up to but not exceeding two feet of right-of-way for River Road adjacent to the subject property.

      3. The owner/applicant shall provide all internal drainage improvements and any external drainage improvements required to mitigate drainage impacts created by the proposed development, at no cost to the City or Pima County.

      4. A drainage report, including details of detention and retention, shall be submitted for review and approval. Drainage shall not be altered, disturbed or obstructed without prior written approval of the City Engineer.

      5. The owner/applicant shall record a covenant holding the City and Pima County harmless in the event of flooding, prior to approval of a development plan for any portion of the subject property.

      6. The Property must be served by a public or private sewer. If the property is served by public sewer, the owner/applicant shall connect the subject property to the public sewer system at the location and in the manner specified by Pima County Wastewater Management at the time of review of a development plan or request of a building permit for any portion of the subject property.

      7. Any required or proposed masonry screen walls visible from a public street shall be constructed of, or painted with, graffiti-resistant materials and shall incorporate one or more 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. Enhance the visual appearance of any continuous wall greater than 75 feet in length and three feet in height that is visible from a public street by varying the wall alignment (jog, curve, notch, or setback, etc.) and including trees or shrubs in the voids created by the variations.

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

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

      10. Grading of the development parcels shall be limited to within four months of construction. In addition, the owner/applicant shall contact the Arizona Game and Fish Department regarding compliance with the guidelines for the handling of desert wildlife.

      11. Substantial compliance with all Code requirements and conditions of rezoning must be met by June 20, 2005, or the zoning shall revert to SR zoning as defined in the Land Use Code.

    (c) Ordinance No. 9478 relating to zoning: Amending conditions in Case Co9-95-04 EJM/University of Arizona - River Road, SR to R-3 (Ward 3).

    Approval/Protest figures from the County are available for only the northern portion of the rezoning site. The protest is five-percent by area and eleven-percent by number of the properties within 300 feet of the rezoning site. Supporting documentation is not available. The Planning Department has received no written approvals and no written protests.

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

13. PUBLIC HEARING: AMENDING TUCSON CODE (CHAPTER 27) RELATING TO INCREASE IN WATER RATES

    (a) Report from City Manager OCT23-00-621 CITY-WIDE/OUTSIDE CITY

    (b) Hearing

    (c) Ordinance No. 9477 relating to water; amending the Tucson Code, Chapter 27, Article II, Rates and Charges: Section 27-31, Definitions; Section 27-32, Charges for Water Service; Section 27-32.1, Monthly Reclaimed Water Service Charges; Section 27-33, Monthly Potable Water Service Charges; and setting an effective date.

14. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

    (a) Report from City Manager OCT23-00-608 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, November 6, 2000, at 2:00 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.

MAYOR AND COUNCIL CONSENT AGENDA
MONDAY, OCTOBER 23, 2000 - 7:30 P.M.
TUCSON CONVENTION CENTER
GRAHAM/GREENLEE ROOMS
(260 SOUTH CHURCH AVENUE, TUCSON, ARIZONA)



A. FINANCE: CONTINGENCY FUND TRANSFER TO TUCSON CONQUISTADORES

    (1) Report from City Manager OCT23-00-609 CITY-WIDE

    (2) Resolution No. 18744 relating to finance; approving and authorizing the transfer of fifteen thousand three hundred thirty-eight dollars from the contingency fund to organization 001-183-1838-268, for the Tucson Conquistadores.

B. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY FOR DESIGN AND WIDENING OF IRONWOOD HILL DRIVE FROM SHANNON ROAD TO PAINTED HILLS ROAD

    (1) Report from City Manager OCT23-00-610 WI

    (2)Resolution No. 18745 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement with Pima County for design and widening of Ironwood Hill Drive-Shannon Road to Painted Hills Road.

C. GRANT CONTRACT: WITH GOVERNORíS OFFICE OF HIGHWAY SAFETY FOR AN OCCUPANT PROTECTION ENFORCEMENT PROGRAM

    (1) Report from City Manager OCT23-00-611 CITY-WIDE

    (2) Resolution No. 18746 relating to law enforcement; approving and authorizing execution of a highway safety grant for an occupant protection enforcement contract between the Governorís Office of Highway Safety (GOHS) and the City of Tucson in the amount of $30,000.00.

D. GRANT AGREEMENT: WITH THE U. S. DEPARTMENT OF JUSTICE FOR THE WEED AND SEED NEIGHBORHOOD PROGRAM

    (1) Report from City Manager OCT23-00-612 WI

    (2) Resolution No. 18747 relating to the 2000 Weed and Seed Program; authorizing and approving execution of a grant agreement between the City of Tucson and the U.S. Department of Justice for the Weed and Seed Neighborhood Program.

E. MEMORIAL: RELATING TO LOCAL GOVERNMENT INTEREST AND INVOLVEMENT IN INTERNATIONAL TRADE AGREEMENTS

    (1) Report from City Manager OCT23-00-616 CITY-WIDE

    (2) A Memorial relating to local government interest and involvement in International Trade Agreements.

F. GRANT AGREEMENT: WITH THE COMMUNITY FOUNDATION FOR SOUTHERN ARIZONA FOR THE SUPPORT OF THE GAY, LESBIAN, BISEXUAL, TRANSGENDERED COMMISSION

    (1) Report from City Manager OCT23-00-623 CITY-WIDE

    (2) Resolution No. 18750 relating to grants; approving and authorizing the acceptance and execution of grant agreement with the Community Foundation for Southern Arizona in the amount of $20,000. for support of the GLBT Commission.

G. REAL PROPERTY: ACQUISITION OF PROPERTY FOR THE BLUE MOON BACK TO BASICS NEIGHBORHOOD MASONRY WALL

    (1) Report from City Manager OCT23-00-624 WIII

    (2) Resolution No. 18749 relating to real property; authorizing the City Manager to acquire by negotiation, and the City Attorney to condemn if necessary, certain real property for the Blue Moon Back to Basics Neighborhood masonry wall.

H. ECONOMIC DEVELOPMENT: APPLICATION TO THE STATE OF ARIZONA FOR AN EXPANSION AND REAUTHORIZATION OF THE TUCSON/SOUTH TUCSON ENTERPRISE ZONE

    (1) Report from City Manager OCT23-00-625 CITY-WIDE/OUTSIDE CITY

    (2) Resolution No. 18751 relating to economic development; authorizing and approving the application to the State of Arizona for an expansion and reauthorization of the Tucson/South Tucson Enterprise Zone.

I. ZONING: (C9-00-22) SMALLEY - FT. LOWELL ROAD, MH-1 TO C-1, ZONING EXAMINER'S REPORT

    (1) Report from City Manager OCT23-00-617 WIII

    (2) Report from Zoning Examiner dated October 6, 2000

    (3) Request to rezone approximately 0.86 acres located on the northeast corner of Ft. Lowell Road and Kelvin Street from MH-1 to C-1. Applicant: Kenneth Smalley, property owner. The preliminary development plan proposes a 9,400 square-foot furniture store. The Planning Department and the Zoning Examiner concur with the City Managerís recommendation for approval of C-1 zoning subject to the conditions listed in the report from the City Manager.

    Five (5) written approvals and one (1) written protest have been received. None of the protest are within the 150 foot area, representing a zero percent protest. The Zoning Examiner held a public hearing on behalf of the Mayor and Council. No appeals for a new public hearing before the Mayor and Council have been filed with the City Clerk.

    A simple majority vote will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.

J. ZONING: (C9-00-20) BARBER II - RIVER ROAD, RX-1 TO O-2, ZONING EXAMINER'S REPORT

    (1) Report from City Manager OCT23-00-618 WIII

    (2) Report from Zoning Examiner dated October 6, 2000

    (3) Request to rezone approximately 0.36 acres located on the south side of River Road approximately 900 feet east of Stone Avenue from RX-1 to O-2. Applicant: Robert O. Barber and Kerry Bjorn, property owners. The preliminary development plan proposes a 3,200 square-foot one-story office building. The Planning Department and the Zoning Examiner concur with the City Managerís recommendation for approval of O-2 zoning subject to the conditions listed in the report from the City Manager.

    Three (3) written approvals and five (5) written protests have been received. Two (2) of the protests are within the 150 foot area, representing a 22.73 percent protest by area to the south, and a zero percent protest to the north, east and west. The Zoning Examiner held a public hearing on behalf of the Mayor and Council. No appeals for a new public hearing before the Mayor and Council have been filed with the City Clerk.

    A three-fourths majority vote will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.

K. ZONING: (C9-00-17) ROBERTS - WRIGHTSTOWN ROAD, SR TO RX-2, ZONING EXAMINER'S REPORT

    (1) Report from City Manager OCT23-00-619 WII

    (2) Report from Zoning Examiner dated October 6, 2000

    (3) Request to rezone approximately 6.6 acres 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 property owner. 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 and the Zoning Examiner concur with the City Managerís recommendation for approval of RX-2 zoning subject to the conditions listed in the report from the City Manager.

    Four (4) written approvals and twelve (12) written protests have been received. Eleven (11) of the protests are within the 150 foot area, representing a 90.86 percent protest by area to the east, 32.88 percent protest by area to the south, 32.78 percent protest by area to the west, and zero percent to the north. The Zoning Examiner held a public hearing on behalf of the Mayor and Council. No appeals for a new public hearing before the Mayor and Council have been filed with the City Clerk.

    A three-fourths majority vote will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.

L. 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 OCT23-00-606

    (2) FRIENDS OF THE TUCSON-PIMA PUBLIC LIBRARY, Applicant: Diana J. Kingfisher, 2239 N. Country Club Rd., SPECIAL EVENT, City No. T111-00, WVI

    (3) TUCSON MUSEUM OF ART, Applicant: Charlie E. Bodden, 140 N. Main Ave., SPECIAL EVENT, City No. T112-00, WI

    (4) TUCSON COMMUNITY SCHOOL, INC., Applicant: Kathleen K. Garcia, 1145 E. Ft. Lowell Rd., SPECIAL EVENT, City No. T114-00, WIII

    (5) MAT BEVEL INSTITUTE, Applicant: Ned W. Schaper, 530 N. Stone Ave., SPECIAL EVENT, City No. T119-00, WIII

    (6) MUSEUM OF CONTEMPORARY ART, Applicant: Julia G. Latane, 191 E. Toole Ave., SPECIAL EVENT, City No. T120-00, WVI

    (7) XS, Applicant: David B. Lukaszewski, 536 N. 4th Ave., TEMPORARY EXTENSION OF PREMISES, City No. EP47-00, WVI

    (8) CATALINA MARKET #2, Applicant: Jayantibhai D. Patel, 2226 N. Country Club Rd., NEW LICENSE, Series 10, City No. 108-00, WVI

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Copyright City of Tucson. Posted: 10/23/00