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Mayor and Council Past Agendas

MAYOR AND COUNCIL STUDY SESSION AGENDA

Mayor and Council
Study Session Agenda


Mayor and Council Chambers
City Hall
255 W. Alameda
October 22, 2001
*** 1:30 p.m. ***

ESTIMATED DURATION

TOPICS

COMMENTS

30 mins.

1. Executive Session - Agreement with the Town of Oro Valley Regarding Potable Water and Effluent (City-Wide) SS/OCT22-01-364

Discussion or consultation with the Attorneys for the City of Tucson in order to consider its position and instruct its attorneys regarding the City of Tucson's position regarding contracts that are the subject of negotiations in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation pursuant to A.R.S. 38-431.03(A)(4).

7 mins.

2. Mayor and Council Direction Regarding Executive Session - Agreement with the Town of Oro Valley Regarding Potable Water and Effluent (City-Wide) SS/OCT22-01-365

REPORT/RECOMMENDATION

20 mins.

3. Executive Session - Aspen Green et. al., Residents and Electors of Tortolita V. the City of Tucson (City-Wide) SS/OCT22-01-367

Discussion or consultation for legal advise with the Attorneys for the City of Tucson pursuant to A.R.S. 38-431.03(A)(3) and discussion or consultation with the Attorneys for the City of Tucson in order to consider its position and instruct its attorneys regarding the City of Tucson's position regarding contracts that are the subject of negotiations in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation pursuant to A.R.S. 38-431.03(A)(4).

15 mins.

4. Discussion of Town of Tortolita Resolution (City-Wide) SS/OCT22-01-368

REPORT/RECOMMENDATION

10 mins.

5. Resolutions to be Presented to the Arizona League of Cities and Towns (City-Wide) SS/OCT22-01-369

REPORT/RECOMMENDATION

7 mins.

6. Boards, Committees and Commissions (City-Wide) SS/OCT22-01-363

 

7 mins.

7. Mayor and Council Discussion of Regular Agenda (City-Wide) SS/OCT22-01-361

 

7 mins.

8. Mayor and Council Discussion of Future Agendas (City-Wide) SS/OCT22-01-362

 

FOR INFORMATION ONLY
9. Administrative Action Report and Summary SS/OCT22-01-366

15 mins.

10. Establishment of An Open Space Reserve Fund Box on the City of Tucson Water Bill (Ward1) SS/OCT22-01-370

REPORT/RECOMMENDATION

30 mins.

11. Trauma Centers - Stop Gap Funding Solution (City-Wide) SS/OCT22-01-371

REPORT/RECOMMENDATION

MAYOR AND COUNCIL REGULAR AGENDA

Mayor and Council
Regular Meeting Agenda

MONDAY, OCTOBER 22, 2001 - 7:30 P.M.
MAYOR AND COUNCIL CHAMBERS
(CITY HALL, 255 W. ALAMEDA, TUCSON, ARIZONA)

Addendum #1 - ADDING CONSENT AGENDA ITEM NOS. 5-G, 5-H, REGULAR AGENDA ITEM NOS. 7(b), 8(b), 11(b) & (c), 13(b) & (c), AND 15.

Addendum #2 - REGULAR AGENDA ITEM NO. 13 HAS BEEN CORRECTED TO REFLECT THE NUMBER IN FRONT OF CONDITION NO. 15. (THERE ARE NO FURTHER CHANGES ON THE REMAINING PAGES OF THE ITEM.)

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

    INVOCATION - Reverend Steve Shermett, Congregation Beth Sar Shalom

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

3. CITY MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS

    (a) Report from City Manager OCT22-01-577 CITY-WIDE

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

5. CONSENT AGENDA - ITEMS A THROUGH F

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.

6. LIQUOR LICENSE APPLICATIONS

    (a) Report from City Manager OCT22-01-579

    (b) LIQUOR LICENSE APPLICATION(S)

    There are no liquor license applications for the Mayor and Council meeting of October 22, 2001.

    (c) SPECIAL EVENT(S)

      (1) SOCIETY FOR BEVEL INTENTIONS
      530 N. Stone Avenue
      Applicant: Ned W. Schaper
      City #T115-01, located in Ward 6
      Date of Event: November 3, 2001

      Staff Recommendation
      Police: In Compliance
      Planning: In Compliance

      (2) ARIZONA AEROSPACE FOUNDATION/PIMA AIR & SPACE MUSEUM
      6000 E. Valencia Road
      Applicant: Michelle G. Conklin
      City #T119-01, located in Ward 5
      Date of Event: November 3, 2001

      Staff Recommendation
      Police: In Compliance
      Planning: In Compliance

      (d) PERMANENT/TEMPORARY EXTENSION OF PREMISES

        (1) EL CHARRO CAFÉ AT THE MERCADO
        6310 E. Broadway Blvd.
        Applicant: Raymon C. Flores
        City # EP57-01, located in Ward 4
        Type: Temporary Extension
        Date of Event: November 2, 2001

        Staff Recommendation
        Police: DENIED
        Planning: In Compliance

7. ZONING: C9-95-21 LEVIS - SWAN ROAD, SR TO C-1, CHANGE OF CONDITIONS AND PRELIMINARY DEVELOPMENT PLAN (CONTINUED FROM THE MEETING OF OCTOBER 15, 2001)

    (a) Report from City Manager OCT22-01-589 WII

8. PRE-ANNEXATION AND DEVELOPMENT AGREEMENT: FOR THE HACIENDA DEL RIO I AND II ANNEXATION DISTRICTS

    (a) Report from City Manager OCT22-01-586 WIII

9. PUBLIC HEARING: PROPOSED HACIENDA DEL RIO I ANNEXATION DISTRICT

    (a) Report from City Manager OCT22-01-587 WIII

    (b) Hearing

10. PUBLIC HEARING: PROPOSED HACIENDA DEL RIO II ANNEXATION DISTRICT

    (a) Report from City Manager OCT22-01-588 WIII

    (b) Hearing

11. ZONING: C9-01-10 GREENE - RIVER ROAD, SR TO R-3, ZONING EXAMINER'S REPORT (CONTINUED FROM THE MEETING OF OCTOBER 15, 2001)

    (a) Report from City Manager OCT22-01-585 WIII

12. PUBLIC HEARING: ZONING (C9-01-06) ALLEY - PLACITA DEL MESQUITE, SR AND HSR TO RX-1 AND HRX-1, ZONING EXAMINER'S REPORT

    (a) Report from City Manager OCT22-01-584 WII

    (b) Report from Zoning Examiner dated September 19, 2001.

    (c) Request to rezone approximately 1.89 acres of property located 1,100 feet west of Craycroft Road and approximately 725 feet north of Fort Lowell Road at the west end of Placita del Mesquite, from SR and HSR to RX-1 and HRX-1. Applicant: Charlie Deans of Planners Ink on behalf of the property owners Ted and Nancy Alley. The preliminary development plan proposes two single-family residential lots, one of which has an existing residence, for a density of 1.06 units per acre. The Zoning Examiner recommends approval of RX-1 and HRX-1 zoning. The City Manager recommends approval of the request subject to the following conditions.

      1. A development plan and, if required by the Development Services Department, a subdivision plat, in substantial compliance with the preliminary development plan and the Design Compatibility Report and Environmental Resource Report, is to be submitted and approved in accordance with Section 5.3.8 and/or 4.1.1 of the LUC, including, but not limited to:

        a. Delineation of at least forty (40) percent of the parcel, including the drainageway, as open space where the major vegetation will be preserved.

        b. A minimum five (5) foot wide public trail along the west side of the existing wood fence. The development plan must show the proposed width and location of the trail. Any modifications to the existing drainage channel adjacent to the trail to allow the trail to extend into the present channel must be approved by the City Engineer. For clarification purposes, the actual, usable physical width of the proposed trail must be shown.

        c. A ten (10) foot wide public trail shall be provided on the north side of the project, connecting the existing 16 foot trail easement with the trail corridor on the west side of the project. The trail corridor may be provided on the rezoning site or the adjacent property to the north.

        d. Maximum building height of sixteen (16) feet.

        e. Maximum building envelope of ten thousand (10,000) feet for the northern lot.

        f. Principal colors of buildings to be earth tone.

        g. All new utilities shall be placed underground.

      2. A hydrology and hydraulics report addressing all onsite and offsite flows shall be submitted and approved. Delineate the 100-year floodplain of the natural wash channel (Willow Creek) existing along the west property line.

      3. The owner/developer shall dedicate the entire 100-year floodplain portion of Willow Creek in this parcel as a drainage easement.

      4. Naturally occurring water harvesting areas shall be preserved by protecting these areas during and subsequent to any development in the entire 1.89 acre parcel.

      5. Any development in the two parcels shall be in compliance with the City's Floodplain Ordinance, specifically Sections 26-5.2, 26-8(e), and 26-11. A Floodplain Use Permit shall be required prior to any substantial improvement in the parcel.

      6. Any required or proposed masonry screen walls shall be constructed of historically appropriate materials and treated or painted with, graffiti-resistant materials.

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

      8. An archaeological assessment and survey shall be performed by a qualified archaeologist before any grading or other ground modification takes place in the Corbett Ditch area. If cultural features or remains are found, testing and data recovery shall be completed as needed. Copies of testing plans, testing reports, data recovery plans and final reports shall be submitted to and approved by the City Historic Preservation Office prior to construction work commencing.

      9. If, during construction, human remains and associated burial items are discovered, ground disturbing activities in the vicinity of the discovery will cease, the discovery site will be secured, and the Arizona State Museum will be immediately notified as required under A. R. S 41-865.

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

      11. The building envelope for the residence to be constructed on the northern part of the rezoning site shall be sited and sized so as to preserve as much of the mesquite bosque as is reasonably possible. Sufficient information shall be provided on the landscape plan, to be submitted with the development plan, to demonstrate that reasonable measures have been taken to preserve the mesquite bosque.

      12. On-site perimeter vegetation shall be native and drought-tolerant.

      13. The owner/developer shall dedicate a five (5) foot wide public trail along the west side of the wooden fence, either as an easement or in fee.

      14. The owner/developer shall dedicate or verify the existence of, a ten (10) foot wide public trail along the north side of the project, either as an easement or in fee.

      15. Any new or relocated fences or walls shall be designed to preserve as much of the existing vegetation as is reasonably possible. This may include a meandering wall alignment if said alignment will preserve existing vegetation.

      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. All new construction shall be in compliance with the Old Fort Lowell Historic District guidelines.

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

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

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

    Twelve (12) approvals and nine (9) protests have been received. Three protests are within the 150 foot area, representing a 56.9 percent protest by area to the south, 2.51 percent by area to the east, and zero (0) percent to the north and west.

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

13. PUBLIC HEARING: ZONING (Co9-85-100) LA CIENEGA - SWAN ROAD, C-1, CHANGE OF CONDITIONS, DEVELOPMENT PLAN, AND ORDINANCE ADOPTION

    (a) Report from City Manager OCT22-01-590 WII

    (b) Hearing

14. APPOINTMENTS TO BOARDS, COMMITTEES AND COMMISSIONS

    (a) Report from City Manager OCT22-01-578 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 5, 2001, at 2:00 p.m. in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.

ADDENDUM #1

ADDING CONSENT AGENDA ITEM NOS. 5-G, 5-H, REGULAR AGENDA ITEM NOS. 7(b), 8(b), 11(b) & (c), 13(b) & (c), AND 15.

ADDED 5-G. FINANCE: SALE OF WATER SYSTEM REVENUE BONDS

    (1) Report from City Manager OCT22-01-593 CITY-WIDE

    (2) Ordinance No. 9622 relating to Finance: authorizing the issuance of City of Tucson Water System Revenue Refunding Bonds, Series 2002, in the principal amount of $57,830,000; providing for the sale thereof, providing for the application of the proceeds therefrom to the refunding of the bonds to be refunded and providing for the payment of principal and interest thereon; providing certain terms, covenants and conditions relating to the bonds; authorizing the execution and delivery of a Depository Trust Agreement and a Forward Escrow Investment Agreement with respect to the bonds to be refunded; authorizing the execution and delivery of a purchase contract and a continuing disclosure undertaking with regard to the bonds; appointing a Bond Registrar, Transfer Agent and Paying Agent; authorizing the preparation and delivery of an official statement with respect to the bonds and the supplementation of the official statement in connection with the delivery of the bonds; and declaring an emergency.

    ADDED 5-H. FINANCE: SALE OF GENERAL OBLIGATION REFUNDING BONDS

    (1) Report from City Manager OCT22-01-594 CITY-WIDE

    (2) Ordinance No. 9621 relating to Finance: authorizing the issuance and sale of City of Tucson, Arizona General Obligation Refunding Bonds, Series 2002, in the principal amount of $24,505,000; providing for the levy and collection of Ad Valorem Taxes for the payment of the principal of and interest on the bonds; providing for the sale thereof; providing for the application of the proceeds therefrom to the refunding of the bonds to be refunded and providing for the payment of principal and interest thereon; providing certain terms, covenants and conditions relating to the bonds; authorizing the execution and delivery of a Depository Trust Agreement and a Forward Escrow Investment Agreement with respect to the bonds to be refunded; authorizing the execution and delivery of a purchase contract and a continuing disclosure undertaking with regard to the bonds; authorizing the preparation and delivery of an official statement with respect to the bonds and the supplementation of the official statement in connection with the delivery of the bonds; and declaring an emergency.

    VICE MAYOR RONSTADT

    7. ZONING: C9-95-21 LEVIS - SWAN ROAD, SR TO C-1, CHANGE OF

    CONDITIONS AND PRELIMINARY DEVELOPMENT PLAN (CONTINUED

    CORRECTED FROM THE MEETING OF OCTOBER 15, 2001 OCTOBER 8, 2001)

      1. Report from City Manager OCT22-01-589(2) WII

    ADDED (b) Request for a change of preliminary development plan for property located at the northwest corner of Camp Lowell Drive and Swan Road. Applicant: Stewart Jean on behalf of the prospective property owner, Park West Development. The preliminary development plan is for an 88,833 square foot shopping center on 10.39 acres. The City Manager recommends approval of the request subject to the following conditions.

    1. A development plan, in substantial compliance with the preliminary development plan, is to be submitted and approved in accordance with Section 5.3.8 of the LUC, including, but not limited to the following.

    a. The building exterior color, texture, and design shall be consistent with the guidelines outlined in the Design Review Guidelines of the Fort Lowell Historic District of the City of Tucson, December 3, 1992.

    b. The development plan shall include an internal pedestrian and bicycle circulation system that is also connected to public facilities, such as the public road system and the owner/applicant shall provide public access to the Rillito Creek Liner Park from the public sidewalk on the Swan Road right-of-way. The owner/developer shall dedicate an easement and shall construct improvements for such public access at a location approved by the City Engineer and the Pima County Flood Control District. If the existing easement through the development for Pima County maintenance is sufficient to provide such public access, the City Engineer may accept it.

    c. The development plan shall demonstrate how architectural elements are compatible with existing residential land uses, using the following techniques:

    (1) West-facing balconies on, and upper-story windows, in buildings within 150 feet of the west property line shall be located to protect the privacy of adjacent residential uses.

    (2) A variety of rooflines are to be incorporated in the development to break up building mass where building heights are in excess of 20 feet.

    d. All one-story units limited to 14 feet in height.

    e. All two-story units limited to 26 feet in height.

    f. The northern 4.7-acre portion of the rezoning site adjacent to the Creekside II subdivision is limited to a maximum of 62 units and 13.2 units per acre, as shown on the revised preliminary development plan dated October 24, 1995.

    g. A minimum 75-foot landscape /drainage area along the west property line adjacent to Creekside II residences. Landscape plan for this area to be reviewed by the five adjacent property owners and the President of the Creekside II Homeowners Association. A minimum building and vehicular use area setback of 50 feet is required in all other areas along the west property line, unless drainageway and landscaping buffers can be accommodated in less area, but in no case less than 25 feet.

    h. One-story units adjacent to the Creekside II subdivision located a minimum of 75 feet from the west property line with the parking lot located to the east of the one-story units, as shown on the revised preliminary development plan dated October 24, 1995.

    i. Two-story units directly to the east of the Creekside II subdivision located a minimum of 250 feet from the west property line, as shown on the revised preliminary development plan dated October 24, 1995.

    j. A minimum 75-foot landscape buffer between the Creekside II subdivision and parking areas outside the northern 4.7 acre portion of the rezoning site.

    k. A minimum of 150-foot setback between the Creekside II subdivision and the two-story units outside the northern 4.7 acre portion of the rezoning site.

    l. A minimum 30-foot building setback is required from the future north property boundary (after linear park dedication). The only permitted use in this area is a pedestrian/bicycle path and landscaping. Any existing Cottonwood trees within this area shall be preserved in place. No parking area or driveway is permitted. This area must be landscaped with native riparian vegetation as shown on the preliminary development plan.

    m. Outdoor storage areas or dumpsters shall not be located within 50 feet of the west property line.

    n. The installation of a minimum five-foot-high, graffiti-resistant, masonry wall along the western perimeter of the site with a five-foot-wide landscaped area on the west side of the wall and a twenty-foot-wide landscaped area on the east side of the wall as shown on the preliminary development plan. Utilize a combination of the following features that are consistent with the color and finish of the other structures on the site in the design of the wall.

    (1) Decorative materials (e.g., tile, stone, brick, adobe, or wood), textured covering materials (e.g., stucco or plaster), or a combination of two or more materials.

    (2) Colors that are predominant in the natural desert landscape.

    (3) Variations in wall alignment, such as jogs, curves, or notches.

    o. An on-the-ground archaeological site survey shall be conducted prior to approval of a development plan. Results shall be provided with the submittal of the development plan. If archeological remains are discovered, an archeological mitigation plan shall be submitted with the development plan.

    p. Incorporate "Safe by Design" concepts in the development plan, as approved through a Tucson Police Department review.

    2. A landscape plan shall be submitted which includes a vegetation inventory that shows/explains how existing vegetation on site will be addressed. This landscaping plan shall include a balanced mix of canopy trees and understory plants, such as shrubs and ground cover. Perimeter canopy trees planted next to abutting residential uses or zones should reach 50 percent of their mature growth within two growing seasons and should be placed at intervals that ensure the canopies will touch at maturity. When site conditions permit, preserve or relocate trees that have a caliper of four inches or greater and mature native vegetation, such as saguaro, ocotillo, and barrel cacti. When site conditions do not allow such preservation or relocation, replace with trees or mature native vegetation of comparable size and density. The landscape edge along the Rillito Creek shall emphasize riparian vegetation.

    3. All lighting shall be shielded and directed away from adjacent uses.

    4. Grading of development parcels shall be limited to within four months of actual construction to protect wildlife habitats and to preclude the premature grading of parcels that may cause excessive rainwater runoff from sealed soil conditions. In addition, compliance is required with the guidelines for the handling of desert wildlife provided by the Game and Fish Department.

    5. Prepare and submit for approval a detailed drainage report which addresses detention/retention and 5-year threshold retention. The twenty feet wide retention/ detention area shown at the west property line may not be sufficient to detain/retain developed runoff plus offsite flows entering the site from Swan Road and Camp Lowell Road.

    6. Dedication of right-of-way, per the current MS&R Plan along Camp Lowell Drive and Swan Road, as required.

    7. Vehicular access shall be limited to five points along Swan Road and five points along Camp Lowell Drive (three points on the north side and two points on the south side). Access to Swan Road is permitted south of Camp Lowell Drive only with a deceleration lane. The nearest vehicular access point should be a minimum of 150 feet from the street corner.

    8. The applicant/property owner is to participate in the Paving Improvement District for Fort Lowell Road and accept an assessment for 24 feet of permanent paving, the curb, and the sidewalk along the north and south project frontages. In addition, the applicant/property owner will be required to provide an additional 12 feet of pavement, the curb and the sidewalk on Fort Lowell Road. No building permits for the C-1 portion of this rezoning case shall be issued until these roadway improvements for Fort Lowell Road are complete.

    9. Building permits for the residential portion of the project shall not be issued until such time as this portion of the Rillito Creek bank protection project is completed or setbacks in compliance with the Floodplain and Erosion Hazard District regulations are provided.

    10. The owner/applicant is to improve Swan Road by adding 6 feet of additional pavement, new curb, and a 4-foot-wide sidewalk on the west side of Swan Road.

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

    12. Compliance with all Code requirements and conditions of rezoning by January 8, 2006.

    13. Water harvesting techniques shall be used by first directing the roof and parking area drainage to designated landscape areas prior to release of the outflows at the northwest corner of the site. Design and construction of adequate drainage schemes will be provided to safely handle outflows from detention/retention basins.

    14. Provide drainage improvements along the west side of the property to direct the outflow from this development to a logical point of discharge, consistent with City of Tucson drainage standards and regulations.

    15. The rear and side facades of all buildings within the shopping center shall be designed consistently with the proposed design of the front façade. Detailed elevations in substantial compliance with the preliminary elevations shall be submitted at the time of development plan review by CDRC.

    16. A wall at least eight (8) feet high, measured from the loading dock floor elevation, is required for the two loading docks on the west side of the main building.

    17. Delivery hours for the shopping center site shall be limited to 6 a.m. to 10 p.m. Delivery trucks shall not be parked within 300 feet of the west or north side of the site during non-delivery hours.

    18. Landscaping along Swan Road frontage of the shopping center shall be consistent with the residential development to the north. Landscape plantings shall be enhanced to provide a greater number of plants and amount of coverage than code requirements.

    19. Provide a Traffic Impact Study Category II report, with a study horizon including both the opening year and five years after opening, for acceptance by the Traffic Engineering Division. The developer shall be responsible for completion of improvements to Swan Road and Camp Lowell Drive identified in the report.

    20. The developer of the commercial shopping center shall remove the existing six (6) foot wall along the north property line, adjacent to Hacienda del Rio, and replace it with a wall at least eight (8) feet high. A pedestrian gate shall be provided to allow access between the shopping center and the subdivision. Landscaping shall be provided on both sides of the screen wall.

    21. Canopy trees shall be planted 25 feet on center along the north property line of the shopping center. A minimum of five (5) of the canopy trees shall be 24-inch boxed trees.

    22. Lighting within 150 feet of the north property line shall be directed downward and mounted no higher than sixteen (16) feet measured to the light source. All other lighting shall be directed downward and mounted no higher than 22 feet, measured to the light source. All lighting shall be shielded to prevent direct spillover lighting of areas adjacent to the rezoning site. The applicant shall submit a photometric study demonstrating compliance with the above.

    23. Parking provided for the shopping center shall be reduced to the minimum required based on the floor area of the center.

    24. A bus stop with a shelter shall be provided on Camp Lowell just west of Swan, as determined by the Department of Transportation.

    25. The pedestrian circulation system of the shopping center shall link the main building to Swan Road with two primary walkways, which are enhanced with colored sidewalks, stamped concrete entry drives and crossings, and shaded with trees.

    26. A coordinated signage plan shall be submitted for the entire shopping center, including any pad buildings.

    27. Four (4) outdoor seating areas shall be incorporated into the shopping center as shown on the detail dated October 2, 2001.

    28. The building in the restaurant pad at the northeast corner of the shopping center shall be setback a minimum of one hundred twenty-five (125) feet from the north property line with the drive-through lane on the south side of the building. There shall be no deceleration lane north of the north entry drive. No left-turn-out egress onto Swan Rd. from the northernmost driveway. Monument identification for the restaurant pad at the northeast corner of the shopping center shall be moved from the northernmost driveway to the second entry drive from the north. The ingress, egress, and parking areas shown on the concept plan dated October 11, 2001 are satisfactorily designed to discourage restaurant traffic from using the northernmost entry drive.

    Two (2) written approvals and 44 written protests have been received in this case. The protests represent a six (6) percent protest by area to the west, and zero percent by area to the north, south, and east.

    A simple majority vote of the Mayor and Council will be necessary to approve the proposed changes.

    8. PRE-ANNEXATION AND DEVELOPMENT AGREEMENT: FOR THE HACIENDA DEL RIO I AND II ANNEXATION DISTRICTS

    (a) Report from City Manager OCT22-01-586(2) WIII

    ADDED (b) Resolution No. 19048 relating to Annexations; authorizing and approving the

    execution of a development and annexation agreement between the City of Tucson and Hacienda Del Sol Partners, L.L.C.; and declaring an emergency.

    The City Manager recommends the approval of the Pre-Annexation and Development Agreement as presented and adoption of the resolution.

    11. ZONING: C9-01-10 GREENE - RIVER ROAD, SR TO R-3, ZONING

    EXAMINER’S REPORT (CONTINUED FROM THE MEETING OF OCTOBER 15, 2001)

      1. Report from City Manager OCT22-01-585(2) WIII

    ADDED (b) Report from Zoning Examiner dated September 21, 2001.

    ADDED (c) Request to rezone approximately 2.4 acres of property located on the north bank of the Rillito River approximately 700 feet south and southwest of the intersection of River Road and Hacienda del Sol from SR to R-3 zoning. Applicant: David H. Mason on behalf of the property owner William Greene. The preliminary development plan proposes 34 apartments for a density of 14.2 units per acre as part of an overall project on a 16.4 acre site with 218 apartments on 12.1 acres, a density of 18 units per acre, and 54,500 square feet of office space on 4.8 acres. The Zoning Examiner recommends approval of R-3 zoning. The City Manager recommends approval of the request subject to the following conditions.

    1. A development plan, covering the overall project site, in substantial compliance with the preliminary development plan, Design Compatibility Report and 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. Maximum building height of twenty-four (24) feet in the following areas

      1. Within thirty-two (32) feet of the south boundary of the overall project.
      2. Within forty (40) feet of all other boundaries of the overall project, measured as an average of each building.

      1. Minimum average building setbacks along the south property line of the overall project:

      1. An average of twenty-five (25) feet for buildings 24 feet in height or less.
      2. An average of forty (40) feet for buildings over 24 feet tall.

    c. Minimum of ten (10) feet of landscaping using native plants adjacent to the Rillito River Park.

    2. The owner/developer shall dedicate right-of-way, per the Major Streets and Routes Plan, for River Road, as required by the Traffic Engineering Division for improvements shown on Pima County Plan No. 4TRRCA (River Road, Campbell to Alvernon), but in no event shall the dedication exceed the thirty-five (35) feet indicated by the Major Streets and Routes Plan.

    3. The owner/developer shall comply with the following transportation-related conditions.

    a. Installation of site-specific interim roadway and access improvements (acceleration/deceleration lanes) as determined by the City of Tucson.

    b. Installation and full funding of a temporary traffic signal at the intersection of River Road and Hacienda del Sol Road, if approved by Pima County, prior to issuance of a final certificate of occupancy for any building within the overall project. The City of Tucson will make available any spare traffic signal equipment that may be utilized at the time of the temporary installation to reduce the costs. The spare equipment will be returned to the City after installation of a permanent traffic signal by Pima County. The availability of spare equipment cannot be guaranteed. If the Owner does not install the temporary traffic signal then the Owner shall be responsible for any costs or expenses that the City may be required to pay for the installation of a permanent traffic signal.

    c. Proposed access to the overall project will require approval of the City of Tucson at the time of the submittal of a development plan or subdivision plat for any portion of the overall project. Access to River Road other than at Hacienda del Sol may be limited to right-turn-in, right-turn-out only.

    d. The owner/developer shall reimburse the City for expenses that may be required by Pima County for the improvements to River Road as shown on Pima County Plan No. 4TRRCA (River Road, Campbell to Alvernon). The expenses for the improvements to River Road shall not exceed the proportionate share for the one half of right-of-way of River Road adjacent to the Property.

    4. A master drainage report shall be submitted for review and approval for the entire 16.94-acre site. The master drainage report shall address planning, design, and construction of a major drainage infrastructure that will drain most of the remaining undeveloped area runoff in this watershed and discharge it to the Rillito Creek. The cost of this infrastructure shall be paid for by the development(s).

      1. Water harvesting techniques shall be extensively utilized by directing all onsite runoff and parking area access lane runoff to landscape areas prior to discharging in a major or minor drainage facility draining this project and adjacent development(s)

    6. A minimum of fifty (50) feet shall be provided from top of bank to the property line, by additional dedication if necessary, for the Rillito River Park unless the current existing county-owned land is determined, by City of Tucson Parks and Recreation Department, to be sufficient to ensure continuity of the Rillito River Park design.

    7. The owner/developer shall prepare a landscape plan for the Rillito River Park where it is adjacent to the overall development site. The plan shall be submitted to both the City and County Parks Departments for review and approval. The plan shall incorporate delineated pedestrian access points along the Rillito River Park. Improvements per the plan shall be installed at no expense to the public.

    8. The owner/developer shall provide equestrian actuated detectors with the installation of the temporary signal at the intersection of Hacienda del Sol and River Road. If the temporary signal is not installed by the Owner/Developer, the Owner/Developer shall be responsible for the cost for equestrian actuated detectors if the City of Tucson is required by Pima County to pay that cost.

    9. The owner/developer shall provide or verify the existence of a recorded public access easement providing for a minimum twenty-five (25) foot wide equestrian trail corridor along the east property line of the overall development either on or off the development site. The equestrian trail corridor shall connect the trail crossing at Hacienda del Sol with the Rillito River Park.

    10. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. These screen walls shall incorporate one of the following decorative materials: (a) tile, (b) stone, (c) brick, (d) textured brick/block, (e) a coarse-textured material such as stucco or plaster, or (f) a combination of the above materials.

    11. Any continuous wall greater than 75 feet in length and 3 feet in height visible from the public right-of-way or Rillito River Park shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

    12. All outdoor pole and building lighting shall be directed down and away from residential parcels, the Rillito River Park, and public roadways and not exceed sixteen (16) feet in height.

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

    14. An archaeological assessment and survey shall be performed by a qualified archaeologist before any grading or other ground modification takes place. If cultural features or remains are found, testing and data recovery shall be completed as needed. Copies of testing plans, testing reports, data recovery plans and final reports shall be submitted to and approved by the City Historic Preservation Office prior to construction work commencing. If, during construction, human remains and associated burial items are discovered, ground disturbing activities in the vicinity of the discovery will cease, the discovery site will be secured, and the Arizona State Museum will be immediately notified as required under A. R. S. 41-865.

    15. Owner/Developer shall observe all requirements and regulations of the Endangered Species Act, specifically including those that apply to the protection of the Cactus Ferruginous Pygmy Owl.

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

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

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

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

    20. The owner/developer shall pay the amount of ninety-four thousand eight hundred fifty dollars ($94,850.00) to the Pima County Flood Control District which is its fair share compensation to the Pima County Flood Control District for the cost of the Rillito Creek bank protection provided adjacent to he subject property.

    Four (4) approvals and three (3) protests have been received. None of the protests are within the 150 foot area.

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

    13. PUBLIC HEARING: ZONING (Co9-85-100) LA CIENEGA - SWAN ROAD, C-1, CHANGE OF CONDITIONS, DEVELOPMENT PLAN, AND ORDINANCE ADOPTION

    (a) Report from City Manager OCT22-01-590(2) WII

    ADDED (b) Hearing on a request to modify the approved conditions of rezoning and change the preliminary development plan for property located at the northwest corner of Swan Road and La Cienega Street, approximately 700 feet south of the intersection of Camp Lowell Drive and Swan Road. Applicant: Don J. Minor of Fennemore Craig on behalf of the prospective property owner, Thomasville Furniture. The preliminary development plan is for a 12,029 square foot retail furniture store on 0.84 acres. The City Manager recommends approval of the request subject to the following revised recommended conditions.

    1. Submittal of a complete hydraulic and hydrologic drainage report as determined necessary by the Department of Transportation and Flood Control;

    2. Submittal of a development plan if determined necessary by the appropriate County agencies;

    3. Dedication of necessary right-of-way for roads and drainage by separate instrument if the property is not to be subdivided;

    4. Recording an acceptable plat which will provide for dedication of necessary right-of-way for roads and drainage if the property is to be subdivided;

    5. Recording a covenant holding Pima County harmless in the event of flooding;

    6. Conformance with County paving policies as determined appropriate by the Department of Transportation and Flood Control;

    7. Meeting all requirements of the Pima County Grading Policy adopted by the Board of Supervisors on May 7, 1985.

    8. Recording the necessary development related covenants as determined appropriate by the various County agencies;

    9. Provision of development related assurances as required by the appropriate agencies;

    10. Recording a covenant to the effect that there will be no further subdividing or lot splitting without the written approval of the Board of Supervisors;

    11. Requirements of the Wastewater Management Department are as follows:

      1. Connection to the public sewer system at the location and in the manner specified by Wastewater Management at the time of review of the tentative plat or development plan.
      2. The property owner or his agent must construct the on-site sewers in a manner that will provide flow-through for tributary areas at points and with capacities as specified by Wastewater Management at the time of review of the tentative plat or development plan. The public flow-through sewer must be designed and constructed in conformance with the applicable Pima County standards, and must be completed, inspected, and released for service prior to the issuance of building permits.

    12. Requirements of the Department of Transportation are as follows:

    A. Proposed access to the subject property from Swan Road shall need the approval of the Subdivision Engineer, Pima County Department of Transportation prior to the submittal of a development plan or subdivision plat for any portion of the subject property.

    B. Provision of an appropriate financial contribution from the property owner towards recent transportation improvements of Swan Road in accordance with the current Pima County Escrow Policy.

    C. No access will be allowed on La Cienega Street unless all five existing residences subsequently seek rezoning and/or have no objection to said access. If, within (5) years, the remaining five existing residents seek rezoning and/or do not object to access on La Cienega, this project will be required to move its access from Swan to La Cienega. At such time access is moved to La Cienega, the road must be improved to Pima County standards and/or vacated.

    13. Requirements of the Flood Control District are as follows:

    A. The property owner must submit all required drainage reports and plans, and receive approval by the Flood Control Section prior to receiving building permits for construction. In developing the reports and plans, the requirements and regulations incorporated in the following reports must be satisfied.

    1. Floodplain Management Ordinance

    2. Drainage and Channel Design Standards

    3. Flood Control Policies

    B. The property owner must comply with the retention conditions and restrictions as stated in the Floodplain Management Ordinance. At a minimum, retention of the five year event will be required.

    C. The property owner must dedicate all rights-of-way and/or grant flowage easements for drainage purposes to Pima County, as determined necessary by the Flood Control District.

    D. The property owner must contribute his "fair share" of financial contribution toward off-site drainage improvements as determined necessary by the Flood Control District.

    14. Landscaping to consist of low water use and low pollen producing vegetation.

    Tentative plat or development plan when filed per Chapter 18.69 must adhere to the preliminary development plan as approved at Board of Supervisor public hearing dated August 1, 2001.

    16. Uses restricted to those submitted by the petitioner on January 27, 1986. Prepare and submit for approval a detailed drainage report, which addresses detention and 5-year threshold retention of development runoff volume.

    17. The 2-story building on the north portion of the property be limited in height to 30 feet and the three single story buildings on the south portion of the site be limited to a height of 18 feet. Water harvesting techniques shall be used by first directing the roof and parking area drainage to designated landscape areas prior to release of the outflows at the southwest corner of the site. Design and construction of adequate drainage schemes shall be provided to safely discharge the outflows from the detention/retention areas.

    18. Provide drainage improvements and/or water harvesting areas along the west side of the site to direct the outflows from this development to a logical point of conclusion, consistent with the City of Tucson Floodplain Management regulations and drainage and flood control standards.

    19. Installation, or verification of existence, of a southbound right turn lane on Swan Road at the entrance to the site.

    20. A minimum five (5) foot setback from the north property line.

    21. One tree for every 33 linear feet along the north property line.

    22. Projections and/or recessions at least four (4) feet in depth for a minimum of 40 percent of the north wall of the building designed in such a way to reduce the massive scale of the wall.

    23. Equal architectural treatment on all sides of the building.

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

    ADDED (c) Ordinance No. 9623 relating to zoning: amending conditions of rezoning in the area located at the northwest corner of Swan Road and La Cienega Street, approximately 700 feet south of the intersection of Camp Lowell Drive and Swan Road in Case Co9-85-100, La Cienega - Swan Road (Ward 2); and declaring an emergency.

    A simple majority vote will be necessary to adopt the ordinance presented.

    ADDED 15. BOARDS, COMMITTEES AND COMMISSIONS: CREATION OF PIMA

    COUNTY-CITY OF TUCSON COMMISSION ON ADDICTION, PREVENTION, AND TREATMENT

    (1) Report from City Manager OCT22-01-592 CITY-WIDE

    (2) Resolution No 19047 relating to City Boards and Commissions; establishing the Pima County-City of Tucson Commission on Addiction, Prevention, and Treatment, declaring an emergency.

    *16. CALL TO THE AUDIENCE, for persons desiring to speak.

    *17. ADJOURNMENT

    The next scheduled meeting of the Mayor and Council will be held on Monday, November 5, 2001, at 2:00 p.m. in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.

    *Renumbered due to added item.

ADDENDUM #2

REGULAR AGENDA ITEM NO. 13 HAS BEEN CORRECTED TO REFLECT THE NUMBER IN FRONT OF CONDITION NO. 15. (THERE ARE NO FURTHER CHANGES ON THE REMAINING PAGES OF THE ITEM.)

13. PUBLIC HEARING: ZONING (Co9-85-100) LA CIENEGA - SWAN ROAD, C-1, CHANGE OF CONDITIONS, DEVELOPMENT PLAN, AND ORDINANCE ADOPTION

    (a) Report from City Manager OCT22-01-590(2) WII

    . . .

    14. Landscaping to consist of low water use and low pollen producing vegetation.

    CORRECTED 15. Tentative plat or development plan when filed per Chapter 18.69 must adhere to the preliminary development plan as approved at Board of Supervisor public hearing dated August 1, 2001.

    16. Uses restricted to those submitted by the petitioner on January 27, 1986. Prepare and submit for approval a detailed drainage report, which addresses detention and 5-year threshold retention of development runoff volume.

    . . .

MAYOR AND COUNCIL CONSENT AGENDA

Mayor and Council
Consent Agenda

MONDAY, OCTOBER 22, 2001 - 7:30 P.M.
MAYOR AND COUNCIL CHAMBERS
(CITY HALL, 255 W. ALAMEDA, TUCSON, ARIZONA)

A. FINAL PLAT: (S01-021) RILLITO BUSINESS PARK CONDOMINIUMS, UNITS 1-36 AND COMMON AREA "A"

    (1) Report from City Manager OCT22-01-582 WIII

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

PARKS AND RECREATION: RENAMING OURY PARK TO "DAVID G. HERRERA AND RAMON QUIROZ PARK"

    (1) Report from City Manager OCT22-01-580 WI

    (2) Resolution No. 19043 relating to Parks and Recreation; authorizing and approving renaming Oury Park to "David G. Herrera and Ramon Quiroz Park"; and declaring an emergency.

C. PARKS AND RECREATION: NAMING FIELD #2 AT FT. LOWELL PARK THE "DAVE BARRETT FIELD"

    (1) Report from City Manager OCT22-01-581 WII

    (2) Resolution No. 19044 relating to Parks and Recreation; authorizing and approving naming Field #2 at Ft. Lowell Park the "Dave Barrett Field"; and declaring an emergency.

D. FINANCE: CONTINGENCY FUND TRANSFER FOR THE YWCA "IT'S TIME TO TALK YOUTH FORUM"

    (1) Report from City Manager OCT22-01-591 CITY-WIDE

    (2) Resolution No. 19046 relating to Finance; approving and authorizing the transfer of three thousand five hundred seventy five dollars from the Contingency Fund to organization 001-183-1838-268, for the YWCA "It's Time To Talk Youth Forum"; and declaring an emergency.

E. PETITION: RESPONSE TO PETITION FROM LEO PILACHOWSKI REGARDING A REVISED DEVELOPMENT PLAN FOR THE EL CON MALL

    (1) Report from City Manager OCT22-01-576 WVI

F. INDUSTRIAL DEVELOPMENT: AUTHORIZATION FOR THE ISSUANCE OF TUCSON INDUSTRIAL DEVELOPMENT AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS

    (1) Report from City Manager OCT22-01-583 CITY-WIDE

    (2) Resolution No. 19045 relating to Industrial Development; approving and authorizing the issuance by the Industrial Development Authority of the City of Tucson, Arizona of Multifamily Housing Revenue Bonds (AOF/Tucson Affordable Housing Corp. Projects), Series 2001, in an aggregate principal amount not to exceed $52,000,000 relating to the acquisition, improvement, rehabilitation, equipping and operation of the Broadway East Apartments Project, Camino Real Apartments Project, Wilmot North Apartments Project, Catalina Presidio East Apartments Project, Catalina Villa De Paz Apartments Project, River Square Apartments Project, and Silverwood Terrace Apartments Projects (collectively, the "Projects"); and declaring an emergency.

City Clerk's Office | Current Agenda


 

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