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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, TUCSON, ARIZONA)
January 14, 2002
*** 1:30 p.m. ***

ESTIMATED DURATION

TOPICS

COMMENTS

10 mins.

1. Update on National League of Cities Atlanta Trip: Fannie Mae Housing Programs (Ward 4) SS/JAN14-02-8

REPORT/DISCUSSION

2 hrs.

2. Trial Budget (Challenges for Fiscal Year 2003 and 2004 ) (City-Wide) SS/JAN14-02-12

REPORT/RECOMMENDATION

20 min.

3. Human Services Plan (City-Wide) SS/JAN14-02-6

REPORT/RECOMMENDATION

7 min.

4. Boards, Commissions and Committees (City-Wide) SS/JAN14-02-9

 

7 min.

5. Mayor and Council Discussion of Regular Agenda (City-Wide) SS/JAN14-02-10

 

7 min.

6. Mayor and Council Discussion of Future Agendas (City-Wide) SS/JAN14-02-11

 

 

7. Administrative Action Report and Summary SS/JAN14-02-7

 

MAYOR AND COUNCIL REGULAR AGENDA

REGULAR MEETING

MONDAY, January 14, 2002 - 7:30 P.M.
MAYOR AND COUNCIL CHAMBERS
(CITY HALL, 255 W. ALAMEDA, TUCSON, ARIZONA)

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Keith Huffman, Flowing Wells Baptist Church

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 JAN14-02-25 CITY-WIDE

4. CALL TO THE AUDIENCE:

At this time, any member of the public is allowed to address the Mayor and City Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask the City Manager to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "call to the audience."

5. CONSENT AGENDA - ITEMS A THROUGH K

FOR COMPLETE DESCRIPTION OF ITEMS SEE ATTACHED 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 JAN14-02-28

    (b) LIQUOR LICENSE APPLICATION(S)

New License(s)

    (1) IN N OUT MARKET Staff Recommendation 3394 E. 22nd Street Applicant: Gary S. Barno Police: In Compliance City #125-01, located in Ward 5 Planning: In Compliance Series #10 Business License: In Compliance Action must be taken by: January 29, 2002 Public Opinion: SIX PROTEST LETTERS RECEIVED

    (2) EAST SIDE TAVERN Staff Recommendation 9403 E. Golf Links Road Applicant: David M. Rude Police: In Compliance City #126-01, located in Ward 4 Planning: In Compliance Series #12 Business License: In Compliance Action must be taken by: January 30, 2002

    NOTE: State law provides that, "In all proceedings before the governing body of a city…the applicant bears the burden of showing that the public convenience requires and that the best interest of community will be substantially served by the issuance of a license". (A.R.S Section 4-201)

Person Transfer(s)

    (3) EAST SIDE TAVERN Staff Recommendation
    9403 E. Golf Links Road
    Applicant: David M. Rude Police: In Compliance
    City #127-01, located in Ward 4 Planning: In Compliance
    Series #7 Business License: In Compliance
    Action must be taken by: January 30, 2002
    NOTE: For a person to person transfer of a number seven, the State Liquor Board will not hold a hearing to consider a protest of location or permit testimony against the location at a hearing scheduled to evaluate the personal qualifications of the applicant.

(c) Special Event(s)

(1) UNIVERSITY OF ARIZONA FOUNDATION Staff Recommendation
FBO ARIZONA CANCER CENTER
3650 E. Ft. Lowell Road Police: In Compliance
Applicant: Laurie A. Young Planning: In Compliance
City #T138-01, located in Ward 3
Date of Event: February 2, 2002

7. REQUEST FOR SPECIAL EXCEPTION LAND USE:: (SE-01-28) HOME DEPOT - BROADWAY, C-1 AND C-2, ZONING EXAMINER'S REPORT

    (a) Report from City Manager JAN14-02-31 WII

    (b) Report from Zoning Examiner dated December 21, 2001

    (c) Request for a special exception land use for a site that has frontage on both Broadway Boulevard and Pantano Road, wrapping around an existing shopping center on the northwest corner. Applicant: Lewis and Roca, LLC on behalf of the property owners, Mar Enterprises, Inc., Lowell Rothschild, and Jon Young, Jr., and the proposed developer, Home Depot. The preliminary development plan is for a 139,302 square foot retail building integrated into a proposed 30.3 acre shopping center with a total of 245, 080 square feet of retail/commercial buildings. The request requires approval of a special exception land use, and approval of changes to conditions of three rezoning cases (Items 8, 9, and 10 on today's agenda) that make up the development site. The Zoning Examiner recommends approval of the request. The City Manager recommends approval of the request, subject to the following conditions:

      1. A development plan and subdivision block plat covering the entire project site, both in substantial compliance with the preliminary development plan dated November 19, 2001, the landscape plan and the elevation drawings dated September 11, 2001, the color board dated August 15, 2001, and other supporting materials submitted with the special exception land use request, SE-01-28, are to be submitted and approved in accordance with Sections 5.3.8 and 4.1.1 of the LUC, including, but not limited to:

        a. Vehicular and pedestrian integration with the existing shopping center on the northwest corner of Broadway and Pantano Road.

        b. A two hundred (200)-foot building setback from the north property line together with a thirty (30)-inch tall masonry wall and ten (10)-foot wide landscaped buffer adjacent to and south of Centrepark Drive, and a ten (10)-foot wide landscaped buffer and eight (8)-foot high wall along the north property line north of the C-2 zoned area. A thirty (30)-inch tall masonry wall and ten (10)-foot wide landscaped buffer adjacent to and south of Centrepark Drive, and a ten (10)-foot wide landscaped buffer and six (6)-foot high wall along the north property line north of the C-1 zoned area.

        c. A minimum sixty-eight and one-half (68.5)-foot building setback and a minimum seventy-five (75)-foot average building setback along the western property line adjacent to the Pantano Riverpark that incorporates a twenty (20)-foot landscape buffer. A thirty (30)-inch tall vegetative screen shall be planted along the west property line from the southern edge (extended) of the recessed loading dock south to the southernmost Riverpark access point. A six (6)-foot tall wall shall be provided along the west property line from the southern edge (extended) of the recessed loading dock north.

        d. A twelve (12) to fourteen (14)-foot high wall shall be provided adjacent to the north side of the lumber off-loading area serving the large retail establishment.

        e. A twelve (12)-foot high wall shall be provided adjacent to the north side of the recessed loading dock serving the large retail establishment.

        f. All ground level mechanical equipment to be screened and setback at least two hundred (200) feet from the western property line.

      2. Any public address system(s) shall be oriented away from the Pantano Riverpark and adjacent residential areas.

      3. The owner/developer shall dedicate right-of-way, per the Major Streets and Routes Plan, along Broadway Boulevard and Pantano Road, as required.

      4. The owner/developer shall build and stripe, or provide in lieu fees prior to issuance of a certificate of occupancy to cover the cost of seventeen (17) feet of pavement (one twelve (12)-foot vehicle lane plus one five (5)-foot bicycle lane) along the Pantano Road frontage of the project. In lieu fees shall be required to cover the cost of five (5) feet of pavement (one bicycle lane) along the Broadway frontage of the project. The fees for the additional pavement are twenty-three dollars ($23) per linear foot for seventeen (17) feet and six dollars and seventy-five cents ($6.75) per linear foot for five (5) feet. This cost may be offset by any interim street improvements installed by the owner/developer provided these improvements meet final design standards and can be utilized as part of the ultimate six (6)-lane divided improvement.

      5. The owner/developer shall install a six (6)-foot wide sidewalk along the Broadway Boulevard and Pantano Road frontages of the project along with appropriate transitions to any existing sidewalks.

      6. No left turns will be permitted out of the proposed access opening on to Broadway Boulevard. Depending on the Traffic Impact Study, a left turn from Broadway into the access opening may be permitted if proper storage length is provided. The Traffic Impact Study will need to address impact to the existing development's access movements on the opposite side of Broadway from the proposed access opening and provide mitigation to alleviate any conflicts as required by City Traffic Engineering.

      7. The owner/developer shall agree to vehicular and pedestrian cross-access on this site and is encouraged to secure a cross-access agreement with the adjoining shopping center on Broadway Boulevard.

      8. No future traffic signal shall be permitted for the proposed access driveway and the existing shopping center east of the site at Broadway Boulevard.

      9. The owner/developer shall design and improve the intersection of Broadway Boulevard and Pantano Road, providing for an additional eastbound left turn lane and video detection system if substantiated by the approved Traffic Impact Study.

      10. The owner/developer shall provide improvements to Pantano Road and Broadway Boulevard to provide right turn deceleration lanes for the proposed openings.

      11. A Traffic Impact Study is required. The study is to include the intersections of Broadway and Pantano, Fifth Street and Pantano, and Broadway and Prudence, analyzing what impact the site will have at present, during the opening year, and five (5) years after the opening of the site.

      12. The owner/developer shall design and build a traffic signal at the proposed access driveway at Pantano Road if warranted prior to build-out of the center, according to City of Tucson standards. The type and design of the signal shall be similar to the traffic signal on Anklam Road at the Pima College West Campus. The signal is designed with a free flow through movement which requires only one direction of the Pantano Road traffic to stop.

      13. The owner/developer shall provide a SunTran bus shelter on Broadway Boulevard west of the proposed access driveway if determined necessary by TDOT in consultation with SunTran.

      14. The principal access to the residential subdivision to the northwest of the site shall be separate from the access to the commercial development (but may share a common entry off of Pantano Road). A maximum of four (4) access points to the commercial development is permitted from this parking area access lane (PAAL). The geometry of these access points will be designed to prevent truck traffic, and the PAAL will be signed "No Trucks" or similar. Street landscape borders shall be provided on both the north and south sides of the PAAL. Use of a distinguishing plant palette is encouraged. A thirty (30)-inch tall masonry wall shall be provided within the south street landscape border. A four (4)-foot wide sidewalk shall be provided on at least one side of the PAAL.

      15. A detailed hydrology and hydraulics report shall be submitted and approved, including retention/detention calculations/requirements. The report shall include drainage analysis of the existing commercial parcel along Broadway Boulevard. Any detention waiver shall be supported by a detailed analysis.

      16. All roof drainage and parking area discharges shall be directed to a designated landscaped area prior to discharging in the Pantano Wash. All development discharges shall be first directed to landscape areas in a sheet flow manner, prior to discharging into the Pantano Wash.

      17. No concentrated drainage discharges shall be conveyed across the linear park along the Pantano Wash.

      18. Offsite flows shall be accepted and conveyed across the development such that no adverse conditions are created to adjacent properties to the north and south. A twenty (20)-foot access and maintenance easement with a narrow water harvesting area shall be provided along the north bank of the existing channel at the south property line.

      19. Water harvesting areas shall be provided along the perimeter of the parcel, adjacent to the south, north, and west property lines to accept and diffuse the erosive effect of post development runoff generated by this development. A five (5) year threshold retention shall be provided which will be directed to the water harvesting areas.

      20. No disturbance or alteration to the soil cement bank protection along Pantano Wash shall be permitted.

      21. All off-site flows from Pantano Road and Broadway Boulevard shall be accepted by the development and safely drained to a logical point of conclusion.

      22. The cost of modifications to the existing channel/pipe culvert shall be paid for by the owner/developer of the site.

      23. The owner/developer shall dedicate, or verify the dedication of, a developable corridor a minimum of fifty (50) feet in width adjacent to the site along the eastern bank of the Pantano Wash (measured from the top of the bank protection east) to the City of Tucson/Pima County Flood Control District for the Pantano Riverpark.

      24. The owner/developer shall participate in an improvement district or construct the segment of the Pantano Riverpark within the dedication corridor and adjacent to the site. The segment shall include a fourteen (14)-foot wide asphaltic path and an eight (8)-foot wide, meandering trail composed of stabilized, decomposed granite located parallel to and east of the asphaltic path, a minimum five (5)-foot landscape buffer between the asphaltic path and the meandering trail, and the installation of native landscaping all built to Pima County/City of Tucson Riverpark specifications, and the installation of native landscaping.

      25. The owner/developer shall provide improved access to, and construct a minimum 0.22 acre public staging area and trailhead for, the Pantano Riverpark capable of accommodating at least twenty (20) cars subject to an exchange for an existing City-owned parcel on the project site. Directional signage, approved by the City of Tucson Parks and Recreation Department will be provided on both Pantano Road and Broadway Boulevard. Hours of operation of the Pantano Riverpark corridor and trailhead facility shall be determined by the City of Tucson Parks and Recreation Department in conjunction with Pima County Flood Control and the Pima County Parks and Recreation Department.

      26. The owner/developer shall re-grade portions of the slope within the Pantano Riverpark adjacent to the development site consistent with the November 19, 2001 preliminary development plan. Grading within this area shall be subject to an agreement between the owner/developer and the City of Tucson Parks and Recreation Department.

      27. A rest area with a ramada, picnic table seating, landscaping and access to the Pantano Riverpark shall be provided adjacent to the Riverpark near the southwest corner of the large retail establishment within the landscape buffer area. Specific design of improvements of this area shall be subject to consultation between the owner/developer and the City of Tucson Parks and Recreation Department.

      28. Scheduled trash collection for the large retail establishment shall not be permitted between 4:00 p.m. and 9:00 a.m.

      29. Delivery and loading for the large retail establishment shall not be permitted between 10:00 p.m. and 7:00 a.m.

      30. The site shall provide convenient, landscaped and appropriately lighted pedestrian access from the surrounding neighborhood (apartments, mobile home park, and single-family subdivision) to the north, the adjacent existing shopping center to the south, the C-1 portion of this project, Pantano Wash, Broadway Boulevard, and Pantano Road. Pedestrian breaks shall be placed in walls greater than seventy-five (75) feet in length. Two (2) or more of the following public pedestrian amenities shall be provided along the pedestrian circulation system: plazas and courtyards, pedestrian seating areas, public art and fountains, pocket parks and play areas, shaded transit stops, and information kiosks.

      31. 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 seventy-five (75) feet in length and three (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.

      32. All outdoor lighting shall be directed down and away from residential parcels and public roadways and be as low in elevation as possible. All outdoor lighting within two hundred (200) feet of the north property line shall be no more than twenty (20) feet in height, measured to the light source.

      33. Dumpsters and loading spaces serving the large retail establishment shall be placed at least two hundred (200) feet from residentially zoned or developed property. All other dumpsters and loading spaces shall be a minimum of fifty (50) feet from residentially zoned or residentially developed property.

      34. 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.

      35. All areas identified as NUOS or other designated open space are to be fenced off and protected prior to any on-site development activity. 36. The U. S. Fish and Wildlife Service guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.

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

      38. The special exception land use site shall be subject to the requirements of the City of Tucson Landfill Ordinance No. 8852.

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

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

      41. Delivery trucks shall not be parked in close proximity to or within a designated delivery or loading area during nondelivery hours with motors and/or refrigeration/generators running within three hundred (300) feet of the west and north property lines.

      42. Outdoor lighting between 10:00 p.m. and 7:00 a.m. shall be dimmed to the minimum required for security and limited to low pressure sodium lighting.

      43. The required eight (8)-foot wide sidewalk connecting the large retail establishment to Pantano Road, together with the required three (3)-foot landscape strip, shall be integrated into the front of Pad "D" and the main entrance drive connecting to Pantano Road at the time that Pad "D" is developed.

      44. Permanent outdoor display areas outside the Garden Center shall be limited to the front of the large retail establishment. A minimum eight (8)-foot wide clear pedestrian path must be maintained. Permanent outside storage or display in the parking area is not permitted.

      45. Seasonal sales/display areas shall be delineated on the final development plan and shall be located south of the large retail establishment, a minimum of seventy-five (75) feet east of the Pantano Riverpark, within the C-2 zone, except that limited Christmas tree sales may be permitted within the C-1 zone immediately south of the large retail establishment.

      46. The eight (8)-foot wide sidewalks depicted on the preliminary development plan that connect the buildings on the site to one another shall be constructed as the property is developed and shall have an associated three (3)-foot wide landscape strip for their entire length, except at intersections with PAALs.

      47. The eight (8)-foot wide sidewalk connecting the large retail establishment to Broadway Boulevard, together with the required three (3)-foot landscape strip, shall be constructed prior to issuance of a certificate of occupancy for the large retail establishment.

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

8. ZONING: (C9-78-36) WESTCOR, INC. - BROADWAY, SR TO B-1 (NOW C-1), CHANGE OF CONDITIONS AND PRELIMINARY DEVELOPMENT PLAN, ORDINANCE ADOPTION

    (a) Report from City Manager JAN14-02-34 WII

    (b) Request for a change of conditions of rezoning and preliminary development plan for property located on the north side of Broadway Boulevard 1,000 feet west of Pantano Road. Applicant: Lewis and Roca, LLC on behalf of the proposed developer, Home Depot. The preliminary development plan proposes a 139,302 square foot retail building integrated into a proposed 30.3 acre shopping center with a total of 245,080 square feet of buildings. The overall development site is made up of three rezoning cases and is the subject of SE-01-28 Home Depot - Broadway Boulevard, a special exception land use request (Item #7 on today's agenda) to allow a large retail establishment on a portion of the subject rezoning site and surrounding land. If Item #7 is approved the City Manager recommends approval of the requested change of conditions and preliminary development plan, and adoption of this ordinance, which will replace in their entirety the existing conditions of rezoning within that portion of the rezoning site which is also within SE-01-28, subject to the following conditions:

      1. A development plan and subdivision block plat covering the entire project site, both in substantial compliance with the preliminary development plan dated November 19, 2001, the landscape plan and the elevation drawings dated September 11, 2001, the color board dated August 15, 2001, and other supporting materials submitted with the special exception land use request, Case No. SE 01-28, are to be submitted and approved in accordance with Sections 5.3.8 and 4.1.1 of the LUC, including, but not limited to:

        a. Vehicular and pedestrian integration with the existing shopping center on the northwest corner of Broadway and Pantano Road.

        b. A two hundred (200)-foot building setback from the north property line together with a thirty (30)-inch tall masonry wall and ten (10)-foot wide landscaped buffer adjacent to and south of Centrepark Drive, and a ten (10)-foot wide landscaped buffer and eight (8)-foot high wall along the north property line north of the C-2 zoned area. A thirty (30)-inch tall masonry wall and ten (10)-foot wide landscaped buffer adjacent to and south of Centrepark Drive, and a ten (10)-foot wide landscaped buffer and six (6)-foot high wall along the north property line north of the C-1 zoned area.

        c. A minimum sixty-eight and one-half (68.5)-foot building setback and a minimum seventy-five (75)-foot average building setback along the western property line adjacent to the Pantano Riverpark that incorporates a twenty (20)-foot landscape buffer. A thirty (30)-inch tall vegetative screen shall be planted along the west property line from the southern edge (extended) of the recessed loading dock south to the southernmost Riverpark access point. A six (6)-foot tall wall shall be provided along the west property line from the southern edge (extended) of the recessed loading dock north.

        d. A twelve (12) to fourteen (14)-foot high wall shall be provided adjacent to the north side of the lumber off-loading area serving the large retail establishment.

        e. A twelve (12)-foot high wall shall be provided adjacent to the north side of the recessed loading dock serving the large retail establishment.

        f. All ground level mechanical equipment to be screened and setback at least two hundred (200) feet from the western property line.

        2. Any public address system(s) shall be oriented away from the Pantano Riverpark and adjacent residential areas.

        3. The owner/developer shall dedicate right-of-way, per the Major Streets and Routes Plan, along Broadway Boulevard and Pantano Road, as required.

        4. The owner/developer shall build and stripe, or provide in lieu fees prior to issuance of a certificate of occupancy to cover the cost of seventeen (17) feet of pavement (one twelve (12)-foot vehicle lane plus one five (5)-foot bicycle lane) along the Pantano Road frontage of the project. In lieu fees shall be required to cover the cost of five (5) feet of pavement (one bicycle lane) along the Broadway frontage of the project. The fees for the additional pavement are twenty-three dollars ($23) per linear foot for seventeen (17) feet and six dollars and seventy-five cents ($6.75) per linear foot for five (5) feet. This cost may be offset by any interim street improvements installed by the owner/developer provided these improvements meet final design standards and can be utilized as part of the ultimate six (6)-lane divided improvement.

        5. The owner/developer shall install a six (6)-foot wide sidewalk along the Broadway Boulevard and Pantano Road frontages of the project along with appropriate transitions to any existing sidewalks.

        6. No left turns will be permitted out of the proposed access opening on to Broadway Boulevard. Depending on the Traffic Impact Study, a left turn from Broadway into the access opening may be permitted if proper storage length is provided. The Traffic Impact Study will need to address impact to the existing development's access movements on the opposite side of Broadway from the proposed access opening and provide mitigation to alleviate any conflicts as required by City Traffic Engineering.

        7. The owner/developer shall agree to vehicular and pedestrian cross-access on this site and is encouraged to secure a cross-access agreement with the adjoining shopping center on Broadway Boulevard.

        8. No future traffic signal shall be permitted for the proposed access driveway and the existing shopping center east of the site at Broadway Boulevard.

        9. The owner/developer shall design and improve the intersection of Broadway Boulevard and Pantano Road, providing for an additional eastbound left turn lane and video detection system if substantiated by the approved Traffic Impact Study.

        10. The owner/developer shall provide improvements to Pantano Road and Broadway Boulevard to provide right turn deceleration lanes for the proposed openings.

        11. A Traffic Impact Study is required. The study is to include the intersections of Broadway and Pantano, Fifth Street and Pantano, and Broadway and Prudence, analyzing what impact the site will have at present, during the opening year, and five (5) years after the opening of the site.

        12. The owner/developer shall design and build a traffic signal at the proposed access driveway at Pantano Road if warranted prior to build-out of the center, according to City of Tucson standards. The type and design of the signal shall be similar to the traffic signal on Anklam Road at the Pima College West Campus. The signal is designed with a free flow through movement which requires only one direction of the Pantano Road traffic to stop.

        13. The owner/developer shall provide a SunTran bus shelter on Broadway Boulevard west of the proposed access driveway if determined necessary by TDOT in consultation with SunTran.

        14. The principal access to the residential subdivision to the northwest of the site shall be separate from the access to the commercial development (but may share a common entry off of Pantano Road). A maximum of four (4) access points to the commercial development is permitted from this parking area access lane (PAAL). The geometry of these access points will be designed to prevent truck traffic, and the PAAL will be signed "No Trucks" or similar. Street landscape borders shall be provided on both the north and south sides of the PAAL. Use of a distinguishing plant palette is encouraged. A thirty (30)-inch tall masonry wall shall be provided within the south street landscape border. A four (4)-foot wide sidewalk shall be provided on at least one side of the PAAL.

        15. A detailed hydrology and hydraulics report shall be submitted and approved, including retention/detention calculations/requirements. The report shall include drainage analysis of the existing commercial parcel along Broadway Boulevard. Any detention waiver shall be supported by a detailed analysis.

        16. All roof drainage and parking area discharges shall be directed to a designated landscaped area prior to discharging in the Pantano Wash. All development discharges shall be first directed to landscape areas in a sheet flow manner, prior to discharging into the Pantano Wash.

        17. No concentrated drainage discharges shall be conveyed across the linear park along the Pantano Wash.

        18. Offsite flows shall be accepted and conveyed across the development such that no adverse conditions are created to adjacent properties to the north and south. A twenty (20)-foot access and maintenance easement with a narrow water harvesting area shall be provided along the north bank of the existing channel at the south property line.

        19. Water harvesting areas shall be provided along the perimeter of the parcel, adjacent to the south, north, and west property lines to accept and diffuse the erosive effect of post development runoff generated by this development. A five (5) year threshold retention shall be provided which will be directed to the water harvesting areas.

        20. No disturbance or alteration to the soil cement bank protection along Pantano Wash shall be permitted.

        21. All off-site flows from Pantano Road and Broadway Boulevard shall be accepted by the development and safely drained to a logical point of conclusion.

        22. The cost of modifications to the existing channel/pipe culvert shall be paid for by the owner/developer of the site.

        23. The owner/developer shall dedicate, or verify the dedication of, a developable corridor a minimum of fifty (50) feet in width adjacent to the site along the eastern bank of the Pantano Wash (measured from the top of the bank protection east) to the City of Tucson/Pima County Flood Control District for the Pantano Riverpark.

        24. The owner/developer shall participate in an improvement district or construct the segment of the Pantano Riverpark within the dedication corridor and adjacent to the site. The segment shall include a fourteen (14)-foot wide asphaltic path and an eight (8)-foot wide, meandering trail composed of stabilized, decomposed granite located parallel to and east of the asphaltic path, a minimum five (5)-foot landscape buffer between the asphaltic path and the meandering trail, and the installation of native landscaping all built to Pima County/City of Tucson Riverpark specifications, and the installation of native landscaping.

        25. The owner/developer shall provide improved access to, and construct a minimum 0.22 acre public staging area and trailhead for, the Pantano Riverpark capable of accommodating at least twenty (20) cars subject to an exchange for an existing City-owned parcel on the project site. Directional signage, approved by the City of Tucson Parks and Recreation Department will be provided on both Pantano Road and Broadway Boulevard. Hours of operation of the Pantano Riverpark corridor and trailhead facility shall be determined by the City of Tucson Parks and Recreation Department in conjunction with Pima County Flood Control and the Pima County Parks and Recreation Department.

        26. The owner/developer shall re-grade portions of the slope within the Pantano Riverpark adjacent to the development site consistent with the November 19, 2001 preliminary development plan. Grading within this area shall be subject to an agreement between the owner/developer and the City of Tucson Parks and Recreation Department.

        27. A rest area with a ramada, picnic table seating, landscaping and access to the Pantano Riverpark shall be provided adjacent to the Riverpark near the southwest corner of the large retail establishment within the landscape buffer area. Specific design of improvements of this area shall be subject to consultation between the owner/developer and the City of Tucson Parks and Recreation Department.

        28. Scheduled trash collection for the large retail establishment shall not be permitted between 4:00 p.m. and 9:00 a.m.

        29. Delivery and loading for the large retail establishment shall not be permitted between 10:00 p.m. and 7:00 a.m.

        30. The site shall provide convenient, landscaped and appropriately lighted pedestrian access from the surrounding neighborhood (apartments, mobile home park, and single-family subdivision) to the north, the adjacent existing shopping center to the south, the C-1 portion of this project, Pantano Wash, Broadway Boulevard, and Pantano Road. Pedestrian breaks shall be placed in walls greater than seventy-five (75) feet in length. Two (2) or more of the following public pedestrian amenities shall be provided along the pedestrian circulation system: plazas and courtyards, pedestrian seating areas, public art and fountains, pocket parks and play areas, shaded transit stops, and information kiosks.

        31. 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 seventy-five (75) feet in length and three (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.

        32. All outdoor lighting shall be directed down and away from residential parcels and public roadways and be as low in elevation as possible. All outdoor lighting within two hundred (200) feet of the north property line shall be no more than twenty (20) feet in height, measured to the light source.

        33. Dumpsters and loading spaces serving the large retail establishment shall be placed at least two hundred (200) feet from residentially zoned or developed property. All other dumpsters and loading spaces shall be a minimum of fifty (50) feet from residentially zoned or residentially developed property.

        34. 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.

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

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

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

        38. The special exception land use site shall be subject to the requirements of the City of Tucson Landfill Ordinance No. 8852.

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

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

        41. Delivery trucks shall not be parked in close proximity to or within a designated delivery or loading area during non-delivery hours with motors and/or refrigeration/generators running within three hundred (300) feet of the west and north property lines.

        42. Outdoor lighting between 10:00 p.m. and 7:00 a.m. shall be dimmed to the minimum required for security and limited to low pressure sodium lighting.

        43. The required eight (8)-foot wide sidewalk connecting the large retail establishment to Pantano Road, together with the required three (3)-foot landscape strip, shall be integrated into the front of Pad "D" and the main entrance drive connecting to Pantano Road at the time that Pad "D" is developed.

        44. Permanent outdoor display areas outside the Garden Center shall be limited to the front of the large retail establishment. A minimum eight (8)-foot wide clear pedestrian path must be maintained. Permanent outside storage or display in the parking area is not permitted.

        45. Seasonal sales/display areas shall be delineated on the final development plan and shall be located south of the large retail establishment, a minimum of seventy-five (75) feet east of the Pantano Riverpark, within the C-2 zone, except that limited Christmas tree sales may be permitted within the C-1 zone immediately south of the large retail establishment.

        46. The eight (8)-foot wide sidewalks depicted on the preliminary development plan that connect the buildings on the site to one another shall be constructed as the property is developed and shall have an associated three (3)-foot wide landscape strip for their entire length, except at intersections with PAALs.

        47. The eight (8)-foot wide sidewalk connecting the large retail establishment to Broadway Boulevard, together with the required three (3)-foot landscape strip, shall be consturcted prior to issuance of a certificate of occupancy for the large retail establishment.

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

        (c) Ordinance No. 9655 relating to zoning: amending Ordinance No. 5214 and the zoning conditions therein for the area located on the north side of Broadway Boulevard 1,000 feet west of Pantano Road in Case C9-78-36, Westcor Inc. - Broadway, SR to B-1 (now C-1).

        Four (4) written approvals and (0) zero written protests have been received. The approvals are over 20 years old and are not relevant to the current request.

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

9. ZONING: (C9-87-50) CIENEGA, LTD. - BROADWAY, SR TO R-2 AND C-1, CHANGE OF CONDITIONS AND PRELIMINARY DEVELOPMENT PLAN, ORDINANCE ADOPTION

    (a) Report from City Manager JAN14-02-30 WII

    (b) Request for a change of conditions of rezoning and preliminary development plan for property located on the north side Broadway Boulevard 1,250 feet west of Pantano Road. Applicant: Lewis and Roca, LLC on behalf of the proposed developer, Home Depot. The preliminary development plan proposes a 139,302 square foot retail building integrated into a proposed 30.3 acre shopping center with a total of 245, 080 square feet of buildings. The overall development site is made up of three rezoning cases and is the subject of SE-01-28 Home Depot - Broadway Boulevard, a special exception land use request (Item #7 on today's agenda) to allow a large retail establishment on a portion of the subject rezoning site and surrounding land. If Item #7 is approved the City Manager recommends approval of the requested change of conditions and preliminary development plan, and adoption of this ordinance, which will replace in their entirety the existing conditions of rezoning within that portion of the rezoning site which is also within SE-012-28, subject to the following conditions:

      1. A development plan and subdivision block plat covering the entire project site, both in substantial compliance with the preliminary development plan dated November 19, 2001, the landscape plan and the elevation drawings dated September 11, 2001, the color board dated August 15, 2001, and other supporting materials submitted with the special exception land use request, Case No. SE 01-28, are to be submitted and approved in accordance with Sections 5.3.8 and 4.1.1 of the LUC, including, but not limited to:

        a. Vehicular and pedestrian integration with the existing shopping center on the northwest corner of Broadway and Pantano Road.

        b. A two hundred (200)-foot building setback from the north property line together with a thirty (30)-inch tall masonry wall and ten (10)-foot wide landscaped buffer adjacent to and south of Centrepark

        Drive, and a ten (10)-foot wide landscaped buffer and eight (8)-foot high wall along the north property line north of the C-2 zoned area. A thirty (30)-inch tall masonry wall and ten (10)-foot wide landscaped buffer adjacent to and south of Centrepark Drive, and a ten (10)-foot wide landscaped buffer and six (6)-foot high wall along the north property line north of the C-1 zoned area.

        c. A minimum sixty-eight and one-half (68.5)-foot building setback and a minimum seventy-five (75)-foot average building setback along the western property line adjacent to the Pantano Riverpark that incorporates a twenty (20)-foot landscape buffer. A thirty (30)-inch tall vegetative screen shall be planted along the west property line from the southern edge (extended) of the recessed loading dock south to the southernmost Riverpark access point. A six (6)-foot tall wall shall be provided along the west property line from the southern edge (extended) of the recessed loading dock north.

        d. A twelve (12) to fourteen (14)-foot high wall shall be provided adjacent to the north side of the lumber off-loading area serving the large retail establishment.

        e. A twelve (12)-foot high wall shall be provided adjacent to the north side of the recessed loading dock serving the large retail establishment.

        f. All ground level mechanical equipment to be screened and setback at least two hundred (200) feet from the western property line.

      2. Any public address system(s) shall be oriented away from the Pantano Riverpark and adjacent residential areas.

      3. The owner/developer shall dedicate right-of-way, per the Major Streets and Routes Plan, along Broadway Boulevard and Pantano Road, as required.

      4. The owner/developer shall build and stripe, or provide in lieu fees prior to issuance of a certificate of occupancy to cover the cost of seventeen (17) feet of pavement (one twelve (12)-foot vehicle lane plus one five (5)-foot bicycle lane) along the Pantano Road frontage of the project. In lieu fees shall be required to cover the cost of five (5) feet of pavement (one bicycle lane) along the Broadway frontage of the project. The fees for the additional pavement are twenty-three dollars ($23) per linear foot for seventeen (17) feet and six dollars and seventy-five cents ($6.75) per linear foot for five (5) feet. This cost may be offset by any interim street improvements installed by the owner/developer provided these improvements meet final design standards and can be utilized as part of the ultimate six (6)-lane divided improvement.

      5. The owner/developer shall install a six (6)-foot wide sidewalk along the Broadway Boulevard and Pantano Road frontages of the project along with appropriate transitions to any existing sidewalks.

      6. No left turns will be permitted out of the proposed access opening on to Broadway Boulevard. Depending on the Traffic Impact Study, a left turn from Broadway into the access opening may be permitted if proper storage length is provided. The Traffic Impact Study will need to address impact to the existing development's access movements on the opposite side of Broadway from the proposed access opening and provide mitigation to alleviate any conflicts as required by City Traffic Engineering.

      7. The owner/developer shall agree to vehicular and pedestrian cross-access on this site and is encouraged to secure a cross-access agreement with the adjoining shopping center on Broadway Boulevard.

      8. No future traffic signal shall be permitted for the proposed access driveway and the existing shopping center east of the site at Broadway Boulevard.

      9. The owner/developer shall design and improve the intersection of Broadway Boulevard and Pantano Road, providing for an additional eastbound left turn lane and video detection system if substantiated by the approved Traffic Impact Study.

      10. The owner/developer shall provide improvements to Pantano Road and Broadway Boulevard to provide right turn deceleration lanes for the proposed openings.

      11. A Traffic Impact Study is required. The study is to include the intersections of Broadway and Pantano, Fifth Street and Pantano, and Broadway and Prudence, analyzing what impact the site will have at present, during the opening year, and five (5) years after the opening of the site.

      12. The owner/developer shall design and build a traffic signal at the proposed access driveway at Pantano Road if warranted prior to build-out of the center, according to City of Tucson standards. The type and design of the signal shall be similar to the traffic signal on Anklam Road at the Pima College West Campus. The signal is designed with a free flow through movement which requires only one direction of the Pantano Road traffic to stop.

      13. The owner/developer shall provide a Sun Tran bus shelter on Broadway Boulevard west of the proposed access driveway if determined necessary by TDOT in consultation with Sun Tran.

      14. The principal access to the residential subdivision to the northwest of the site shall be separate from the access to the commercial development (but may share a common entry off of Pantano Road). A maximum of four (4) access points to the commercial development is permitted from this parking area access lane (PAAL). The geometry of these access points will be designed to prevent truck traffic, and the PAAL will be signed "No Trucks" or similar. Street landscape borders shall be provided on both the north and south sides of the PAAL. Use of a distinguishing plant palette is encouraged. A thirty (30)-inch tall masonry wall shall be provided within the south street landscape border. A four (4)-foot wide sidewalk shall be provided on at least one side of the PAAL.

      15. A detailed hydrology and hydraulics report shall be submitted and approved, including retention/detention calculations/requirements. The report shall include drainage analysis of the existing commercial parcel along Broadway Boulevard. Any detention waiver shall be supported by a detailed analysis.

      16. All roof drainage and parking area discharges shall be directed to a designated landscaped area prior to discharging in the Pantano Wash. All development discharges shall be first directed to landscape areas in a sheet flow manner, prior to discharging into the Pantano Wash.

      17. No concentrated drainage discharges shall be conveyed across the linear park along the Pantano Wash.

      18. Offsite flows shall be accepted and conveyed across the development such that no adverse conditions are created to adjacent properties to the north and south. A twenty (20)-foot access and maintenance easement with a narrow water harvesting area shall be provided along the north bank of the existing channel at the south property line.

      19. Water harvesting areas shall be provided along the perimeter of the parcel, adjacent to the south, north, and west property lines to accept and diffuse the erosive effect of post development runoff generated by this development. A five (5) year threshold retention shall be provided which will be directed to the water harvesting areas.

      20. No disturbance or alteration to the soil cement bank protection along Pantano Wash shall be permitted.

      21. All off-site flows from Pantano Road and Broadway Boulevard shall be accepted by the development and safely drained to a logical point of conclusion.

      22. The cost of modifications to the existing channel/pipe culvert shall be paid for by the owner/developer of the site.

      23. The owner/developer shall dedicate, or verify the dedication of, a developable corridor a minimum of fifty (50) feet in width adjacent to the site along the eastern bank of the Pantano Wash (measured from the top of the bank protection east) to the City of Tucson/Pima County Flood Control District for the Pantano Riverpark.

      24. The owner/developer shall participate in an improvement district or construct the segment of the Pantano Riverpark within the dedication corridor and adjacent to the site. The segment shall include a fourteen (14)-foot wide asphaltic path and an eight (8)-foot wide, meandering trail composed of stabilized, decomposed granite located parallel to and east of the asphaltic path, a minimum five (5)-foot landscape buffer between the asphaltic path and the meandering trail, and the installation of native landscaping all built to Pima County/City of Tucson Riverpark specifications, and the installation of native landscaping.

      25. The owner/developer shall provide improved access to, and construct a minimum 0.22 acre public staging area and trailhead for, the Pantano Riverpark capable of accommodating at least twenty (20) cars subject to an exchange for an existing City-owned parcel on the project site. Directional signage, approved by the City of Tucson Parks and Recreation Department will be provided on both Pantano Road and Broadway Boulevard. Hours of operation of the Pantano Riverpark corridor and trailhead facility shall be determined by the City of Tucson Parks and Recreation Department in conjunction with Pima County Flood Control and the Pima County Parks and Recreation Department.

      26. The owner/developer shall re-grade portions of the slope within the Pantano Riverpark adjacent to the development site consistent with the November 19, 2001 preliminary development plan. Grading within this area shall be subject to an agreement between the owner/developer and the City of Tucson Parks and Recreation Department.

      27. A rest area with a ramada, picnic table seating, landscaping and access to the Pantano Riverpark shall be provided adjacent to the Riverpark near the southwest corner of the large retail establishment within the landscape buffer area. Specific design of improvements of this area shall be subject to consultation between the owner/developer and the City of Tucson Parks and Recreation Department.

      28. Scheduled trash collection for the large retail establishment shall not be permitted between 4:00 p.m. and 9:00 a.m.

      29. Delivery and loading for the large retail establishment shall not be permitted between 10:00 p.m. and 7:00 a.m.

      30. The site shall provide convenient, landscaped and appropriately lighted pedestrian access from the surrounding neighborhood (apartments, mobile home park, and single-family subdivision) to the north, the adjacent existing shopping center to the south, the C-1 portion of this project, Pantano Wash, Broadway Boulevard, and Pantano Road. Pedestrian breaks shall be placed in walls greater than seventy-five (75) feet in length. Two (2) or more of the following public pedestrian amenities shall be provided along the pedestrian circulation system: plazas and courtyards, pedestrian seating areas, public art and fountains, pocket parks and play areas, shaded transit stops, and information kiosks.

      31. 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 seventy-five (75) feet in length and three (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.

      32. All outdoor lighting shall be directed down and away from residential parcels and public roadways and be as low in elevation as possible. All outdoor lighting within two hundred (200) feet of the north property line shall be no more than twenty (20) feet in height, measured to the light source.

      33. Dumpsters and loading spaces serving the large retail establishment shall be placed at least two hundred (200) feet from residentially zoned or developed property. All other dumpsters and loading spaces shall be a minimum of fifty (50) feet from residentially zoned or residentially developed property.

      34. 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.

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

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

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

      38. The special exception land use site shall be subject to the requirements of the City of Tucson Landfill Ordinance No. 8852.

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

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

      41. Delivery trucks shall not be parked in close proximity to or within a designated delivery or loading area during non-delivery hours with motors and/or refrigeration/generators running within three hundred (300) feet of the west and north property lines.

      42. Outdoor lighting between 10:00 p.m. and 7:00 a.m. shall be dimmed to the minimum required for security and limited to low pressure sodium lighting.

      43. The required eight (8)-foot wide sidewalk connecting the large retail establishment to Pantano Road, together with the required three (3)-foot landscape strip, shall be integrated into the front of Pad "D" and the main entrance drive connecting to Pantano Road at the time that Pad "D" is developed.

      44. Permanent outdoor display areas outside the Garden Center shall be limited to the front of the large retail establishment. A minimum eight (8)-foot wide clear pedestrian path must be maintained. Permanent outside storage or display in the parking area is not permitted.

      45. Seasonal sales/display areas shall be delineated on the final development plan and shall be located south of the large retail establishment, a minimum of seventy-five (75) feet east of the Pantano Riverpark, within the C-2 zone, except that limited Christmas tree sales may be permitted within the C-1 zone immediately south of the large retail establishment.

      46. The eight (8)-foot wide sidewalks depicted on the preliminary development plan that connect the buildings on the site to one another shall be constructed as the property is developed and shall have an associated three (3)-foot wide landscape strip for their entire length, except at intersections with PAALs.

      47. The eight (8)-foot wide sidewalk connecting the large retail establishment to Broadway Boulevard, together with the required three (3)-foot landscape strip, shall be constructed prior to issuance of a certificate of occupancy for the large retail establishment.

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

      (c) Ordinance No. 9654 relating to zoning: amending Ordinance No. 9153 and the zoning conditions therein for the area located on the north side of Broadway Boulevard approximately 1,250 feet west of Pantano Road in Case C9-87-5, Cienega LTD. - Broadway, SR to R-2 and C-1 (Ward 2)

      Eight (8) written approvals and zero (0) written protests have been received.

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

10. ZONING: (C9-00-39) MAR & ROTHSCHILD & YOUNG - BROADWAY, SR AND R-2 TO C-1 AND C-2, CHANGE OF CONDITIONS, PRELIMINARY DEVELOPMENT PLAN AND ORDINANCE ADOPTION

    (a) Report from City Manager JAN14-02-35 WII

    (b) Request for a change of conditions of rezoning and preliminary development plan for property located approximately 600 feet north of Broadway Boulevard between the Pantano Wash and Pantano Road. Applicant: Lewis and Roca, LLC on behalf of the proposed developer, Home Depot. The preliminary development plan proposes a 139,302 square foot retail building integrated into a proposed 30.3 acre shopping center with a total of 245, 080 square feet of buildings. The overall development site is made up of three rezoning cases and is the subject of SE-01-28 Home Depot - Broadway Boulevard, a special exception land use request (Item # 7 on today's agenda) to allow a large retail establishment on a portion of the subject rezoning site and surrounding land. If Item #7 is approved the City Manager recommends approval of the requested change of conditions and preliminary development plan, and adoption of this ordinance, which will replace in their entirety the existing conditions of rezoning within that portion of the rezoning site which is also within SE-01-28, subject to the following conditions:

      1. A development plan and subdivision block plat covering the entire project site, both in substantial compliance with the preliminary development plan dated November 19, 2001, the landscape plan and the elevation drawings dated September 11, 2001, the color board dated August 15, 2001, and other supporting materials submitted with the special exception land use request, Case No. 01-28, are to be submitted and approved in accordance with Sections 5.3.8 and 4.1.1 of the LUC, including, but not limited to:

        a. Vehicular and pedestrian integration with the existing shopping center on the northwest corner of Broadway and Pantano Road.

        b. A two hundred (200)-foot building setback from the north property line together with a thirty (30)-inch tall masonry wall and ten (10)-foot wide landscaped buffer adjacent to and south of Centrepark Drive, and a ten (10)-foot wide landscaped buffer and eight (8)-foot high wall along the north property line north of the C-2 zoned area. A thirty (30)-inch tall masonry wall and ten (10)-foot wide landscaped buffer adjacent to and south of Centrepark Drive, and a ten (10)-foot wide landscaped buffer and six (6)-foot high wall along the north property line north of the C-1 zoned area.

        c. A minimum sixty-eight and one-half (68.5)-foot building setback and a minimum seventy-five (75)-foot average building setback along the western property line adjacent to the Pantano Riverpark that incorporates a twenty (20)-foot landscape buffer. A thirty (30)-inch tall vegetative screen shall be planted along the west property line from the southern edge (extended) of the recessed loading dock south to the southernmost Riverpark access point. A six (6)-foot tall wall shall be provided along the west property line from the southern edge (extended) of the recessed loading dock north.

        d. A twelve (12) to fourteen (14)-foot high wall shall be provided adjacent to the north side of the lumber off-loading area serving the large retail establishment.

        e. A twelve (12)-foot high wall shall be provided adjacent to the north side of the recessed loading dock serving the large retail establishment.

        f. All ground level mechanical equipment to be screened and setback at least two hundred (200) feet from the western property line.

      2. Any public address system(s) shall be oriented away from the Pantano Riverpark and adjacent residential areas.

      3. The owner/developer shall dedicate right-of-way, per the Major Streets and Routes Plan, along Broadway Boulevard and Pantano Road, as required.

      4. The owner/developer shall build and stripe, or provide in lieu fees prior to issuance of a certificate of occupancy to cover the cost of seventeen (17) feet of pavement (one twelve (12)-foot vehicle lane plus one five (5)-foot bicycle lane) along the Pantano Road frontage of the project. In lieu fees shall be required to cover the cost of five (5) feet of pavement (one bicycle lane) along the Broadway frontage of the project. The fees for the additional pavement are twenty-three dollars ($23) per linear foot for seventeen (17) feet and six dollars and seventy-five cents ($6.75) per linear foot for five (5) feet. This cost may be offset by any interim street improvements installed by the owner/developer provided these improvements meet final design standards and can be utilized as part of the ultimate six (6)-lane divided improvement.

      5. The owner/developer shall install a six (6)-foot wide sidewalk along the Broadway Boulevard and Pantano Road frontages of the project along with appropriate transitions to any existing sidewalks.

      6. No left turns will be permitted out of the proposed access opening on to Broadway Boulevard. Depending on the Traffic Impact Study, a left turn from Broadway into the access opening may be permitted if proper storage length is provided. The Traffic Impact Study will need to address impact to the existing development's access movements on the opposite side of Broadway from the proposed access opening and provide mitigation to alleviate any conflicts as required by City Traffic Engineering.

      7. The owner/developer shall agree to vehicular and pedestrian cross-access on this site and is encouraged to secure a cross-access agreement with the adjoining shopping center on Broadway Boulevard.

      8. No future traffic signal shall be permitted for the proposed access driveway and the existing shopping center east of the site at Broadway Boulevard.

      9. The owner/developer shall design and improve the intersection of Broadway Boulevard and Pantano Road, providing for an additional eastbound left turn lane and video detection system if substantiated by the approved Traffic Impact Study.

      10. The owner/developer shall provide improvements to Pantano Road and Broadway Boulevard to provide right turn deceleration lanes for the proposed openings.

      11. A Traffic Impact Study is required. The study is to include the intersections of Broadway and Pantano, Fifth Street and Pantano, and Broadway and Prudence, analyzing what impact the site will have at present, during the opening year, and five (5) years after the opening of the site.

      12. The owner/developer shall design and build a traffic signal at the proposed access driveway at Pantano Road if warranted prior to build-out of the center, according to City of Tucson standards. The type and design of the signal shall be similar to the traffic signal on Anklam Road at the Pima College West Campus. The signal is designed with a free flow through movement, which requires only one direction of the Pantano Road traffic to stop.

      13. The owner/developer shall provide a Sun Tran bus shelter on Broadway Boulevard west of the proposed access driveway if determined necessary by TDOT in consultation with Sun Tran.

      14. The principal access to the residential subdivision to the northwest of the site shall be separate from the access to the commercial development (but may share a common entry off of Pantano Road). A maximum of four (4) access points to the commercial development is permitted from this parking area access lane (PAAL). The geometry of these access points will be designed to prevent truck traffic, and the PAAL will be signed "No Trucks" or similar. Street landscape borders shall be provided on both the north and south sides of the PAAL. Use of a distinguishing plant palette is encouraged. A thirty (30)-inch tall masonry wall shall be provided within the south street landscape border. A four (4)-foot wide sidewalk shall be provided on at least one side of the PAAL.

      15. A detailed hydrology and hydraulics report shall be submitted and approved, including retention/detention calculations/requirements. The report shall include drainage analysis of the existing commercial parcel along Broadway Boulevard. Any detention waiver shall be supported by a detailed analysis.

      16. All roof drainage and parking area discharges shall be directed to a designated landscaped area prior to discharging in the Pantano Wash. All development discharges shall be first directed to landscape areas in a sheet flow manner, prior to discharging into the Pantano Wash.

      17. No concentrated drainage discharges shall be conveyed across the linear park along the Pantano Wash.

      18. Offsite flows shall be accepted and conveyed across the development such that no adverse conditions are created to adjacent properties to the north and south. A twenty (20)-foot access and maintenance easement with a narrow water harvesting area shall be provided along the north bank of the existing channel at the south property line.

      19. Water harvesting areas shall be provided along the perimeter of the parcel, adjacent to the south, north, and west property lines to accept and diffuse the erosive effect of post development runoff generated by this development. A five (5) year threshold retention shall be provided which will be directed to the water harvesting areas.

      20. No disturbance or alteration to the soil cement bank protection along Pantano Wash shall be permitted.

      21. All off-site flows from Pantano Road and Broadway Boulevard shall be accepted by the development and safely drained to a logical point of conclusion.

      22. The cost of modifications to the existing channel/pipe culvert shall be paid for by the owner/developer of the site.

      23. The owner/developer shall dedicate, or verify the dedication of, a developable corridor a minimum of fifty (50) feet in width adjacent to the site along the eastern bank of the Pantano Wash (measured from the top of the bank protection east) to the City of Tucson/Pima County Flood Control District for the Pantano Riverpark.

      24. The owner/developer shall participate in an improvement district or construct the segment of the Pantano Riverpark within the dedication corridor and adjacent to the site. The segment shall include a fourteen (14)-foot wide asphaltic path and an eight (8)-foot wide, meandering trail composed of stabilized, decomposed granite located parallel to and east of the asphaltic path, a minimum five (5)-foot landscape buffer between the asphaltic path and the meandering trail, and the installation of native landscaping all built to Pima County/City of Tucson Riverpark specifications, and the installation of native landscaping.

      25. The owner/developer shall provide improved access to, and construct a minimum 0.22 acre public staging area and trailhead for, the Pantano Riverpark capable of accommodating at least twenty (20) cars subject to an exchange for an existing City-owned parcel on the project site.

      25. Directional signage, approved by the City of Tucson Parks and Recreation Department will be provided on both Pantano Road and Broadway Boulevard. Hours of operation of the Pantano Riverpark corridor and trailhead facility shall be determined by the City of Tucson Parks and Recreation Department in conjunction with Pima County Flood Control and the Pima County Parks and Recreation Department.

      26. The owner/developer shall re-grade portions of the slope within the Pantano Riverpark adjacent to the development site consistent with the November 19, 2001 preliminary development plan. Grading within this area shall be subject to an agreement between the owner/developer and the City of Tucson Parks and Recreation Department.

      27. A rest area with a ramada, picnic table seating, landscaping and access to the Pantano Riverpark shall be provided adjacent to the Riverpark near the southwest corner of the large retail establishment within the landscape buffer area. Specific design of improvements of this area shall be subject to consultation between the owner/developer and the City of Tucson Parks and Recreation Department.

      28. Scheduled trash collection for the large retail establishment shall not be permitted between 4:00 p.m. and 9:00 a.m.

      29. Delivery and loading for the large retail establishment shall not be permitted between 10:00 p.m. and 7:00 a.m.

      30. The site shall provide convenient, landscaped and appropriately lighted pedestrian access from the surrounding neighborhood (apartments, mobile home park, and single-family subdivision) to the north, the adjacent existing shopping center to the south, the C-1 portion of this project, Pantano Wash, Broadway Boulevard, and Pantano Road. Pedestrian breaks shall be placed in walls greater than seventy-five (75) feet in length. Two (2) or more of the following public pedestrian amenities shall be provided along the pedestrian circulation system: plazas and courtyards, pedestrian seating areas, public art and fountains, pocket parks and play areas, shaded transit stops, and information kiosks.

      31. 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 seventy-five (75) feet in length and three (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.

      32. All outdoor lighting shall be directed down and away from residential parcels and public roadways and be as low in elevation as possible. All outdoor lighting within two hundred (200) feet of the north property line shall be no more than twenty (20) feet in height, measured to the light source.

      33. Dumpsters and loading spaces serving the large retail establishment shall be placed at least two hundred (200) feet from residentially zoned or developed property. All other dumpsters and loading spaces shall be a minimum of fifty (50) feet from residentially zoned or residentially developed property.

      34. 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.

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

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

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

      38. The special exception land use site shall be subject to the requirements of the City of Tucson Landfill Ordinance No. 8852.

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

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

      41. Delivery trucks shall not be parked in close proximity to or within a designated delivery or loading area during nondelivery hours with motors and/or refrigeration/generators running within three hundred (300) feet of the west and north property lines.

      42. Outdoor lighting between 10:00 p.m. and 7:00 a.m. shall be dimmed to the minimum required for security and limited to low pressure sodium lighting.

      43. The required eight (8)-foot sidewalk connecting the large retail establishment to Pantano Road, together with the required three (3)-foot landscape strip, shall be integrated into the front of Pad "D" and the main entrance drive connecting to Pantano Road at the time that Pad "D" is developed.

      44. Permanent outdoor display areas outside the Garden Center shall be limited to the front of the large retail establishment. A minimum eight (8)-foot wide clear pedestrian path must be maintained. Permanent outside storage or display in the parking area is not permitted.

      46. Seasonal sales/display areas shall be delineated on the final development plan and shall be located south of the large retail establishment, a minimum of seventy-five (75) feet east of the Pantano Riverpark, within the C-2 zone, except that limited Christmas tree sales may be permitted within the C-1 zone immediately south of the large retail establishment. 46. The eight (8)-foot wide sidewalks depicted on the preliminary development plan that connect the buildings on the site to one another shall be constructed as the property is developed and shall have an associated three (3)-foot wide landscape strip for their entire length, except at intersections with PAALs.

      47. The eight (8)-foot wide sidewalk connecting the large retail establishment to Broadway Boulevard, together with the required three (3)-foot landscape strip, shall be constructed prior to issuance of a certificate of occupancy for the large retail establishment.

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

      (c) Ordinance No. 9653 relating to zoning: amending zoning district boundaries in the area located approximately 600 feet north of Broadway Boulevard between the Pantano Wash and Pantano Road in Case C9-00-39, Mar & Rothchild & Young - Broadway, SR and R-2 to C-1 and C-2.

      Seven (7) written approvals and four (4) written protests have been received. Two (2) of the protests are within the 150 foot area, representing a 55.6 percent protest by area to the south, zero to the east, west and north.

      A three-fourths majority vote is necessary to adopt the presented ordinance, rezoning the subject property.

11. ZONING: (C9-01-27) WINGED FOOT - TUCSON BOULEVARD, R-1 AND R-2 TO P, ZONING EXAMINER'S REPORT

    (a) Report from City Manager JAN14-02-29 WVI

    (b) Report from Zoning Examiner dated December 21, 2001

    (c) Request to rezone approximately 1.35 acres of property located southeast of Fifth Street and Tucson Boulevard from R-1 and R-2 to P zoning. Applicant: Winged Foot Associates. The preliminary development plan proposes to provide motor vehicle parking spaces meeting current Code standards for the existing commercial, office, and residential uses on the block. The Zoning Examiner recommends approval of P zoning. 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 and the Design Compatibility Report, is to be submitted and approved in accordance with Section 5.3.8 of the LUC.

      2. Prepare and submit for approval a detailed hydrology and hydraulics report which addresses both detention and retention. A separate set aside area to store 5-year Threshold Retention Volume is required. All offsite flows including those entering from 5th Street shall be accepted and handled safely across the development. All detention/retention areas shall be constructed at least five (5) feet inside the property from the current or future street right-of-way line.

      3. Water harvesting techniques shall be utilized by directing parking area access lane (PAAL), and parking area runoff into landscape areas prior to discharge in the public right-of-way.

      4. Any wall construction along the east property line shall be constructed to accept the runoff from the existing residential areas without obstruction.

      5. The existing flood flow pattern entering Tucson Boulevard shall not be altered.

      6. The lots shall be used for internal circulation of the site and not provide direct access to Fifth Street.

      7. Design of the parking lots shall include appropriate screening of adjacent residential properties.

      8. Low level lighting no higher than forty-eight (48) inches shall be used.

      9. Fencing along Fifth Street and Tucson Boulevard shall not be constructed with a solid masonry wall. Instead a wrought iron fence or similar decorative material shall be used which conforms architecturally with the building materials and style of the Sam Hughes Village buildings.

      10. A six (6) foot masonry wall constructed of, or painted with graffiti-resistant materials shall be constructed between the northernmost parking lot and the adjacent residential structure directly to the east.

      11. Appropriate signage conforming to a Parking Lot Security Plan approved by the property owner and the Sam Hughes Neighborhood Association should be erected.

      12. Landscaping along Fifth Street and Tucson Boulevard shall consist of drought tolerant materials and shall provide ninety (90) percent screening during all seasons while also providing a safe environment for pedestrians. There shall be a continuous twenty-four (24)-foot wide landscaped buffer-yard along the Fifth Street frontage of the property, measured from the northern most edge of the parking lot. There shall be a thirteen (13)-foot wide landscaped buffer-yard along the Tucson Boulevard frontage. Any proposed parking area at the southeast corner of Fifth Street and Tucson Boulevard shall be screened so that it blocks headlights from the parking area to surrounding residences and blocks the view of the parking area from surrounding residences.

      13. None of the parking areas shall be used for overnight parking or camping.

      14. Loading zones, dumpsters, or storage structures shall not be constructed in these parking areas.

      15. There shall be a setback of 17.5 feet along the Fifth Street frontage of the property measured from the property line on Fifth Street to the beginning of the parking area. There shall be a setback of thirteen (13) feet along the Tucson Boulevard frontage of the property measured from the property line on Tucson Boulevard to the beginning of the parking area.

      16. The approximate fifty-four (54) -foot portion of the west end of the northern east-west alley to be used for circulation as shown on the development plan must be vacated.

      17. If archaeological features are found during project construction, testing and data recovery will 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.

      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.

      Seven (7) written approvals and one (1) written protest have been received. The protest is within the 150 foot area, representing a 7.3 percent protest by area to the east.

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

12. ZONING: (C9-01-26) KB HOMES - COLUMBUS BOULEVARD, RX-1 AND C-1 TO R-2, ZONING EXAMINER'S REPORT

    (a) Report from City Manager JAN14-02-32 WII

    (b) Report from Zoning Examiner dated December 21, 2001

    (c) Request to rezone approximately 65.89 acres of property located on the west side of Columbus Boulevard between Fort Lowell Road and the Rillito River, from RX-1 and C-1 to R-2 zoning. Applicant: The Planning Center on behalf of the property owners, the University of Arizona, and the developer, KB Homes. The preliminary development plan is for 448 single-family residences on 65.9 acres for a density of 6.8 units per acre. The Zoning Examiner recommends approval of R-2 zoning. The City Manager recommends approval of the request 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 and approved in accordance with Section 4.1.1 of the LUC including but not limited to:

        a. Three access points on Columbus Boulevard.

        b. One access point on Fort Lowell Road.

        c. A ten (10) foot wide landscape buffer along the west boundary adjacent to the existing apartment complex.

        d. Pedestrian connection from the subdivision to the Rillito Riverpark.

        e. Parking and trail staging area at the Rillito Riverpark.

        f. Building setback of at least twenty-five (25) feet from the east property line.

        g. A minimum setback of at least twenty-five (25) feet from the top of the Christopher City Wash bank to any individual platted lot.

        h. No lots fronting on the new east-west spine road.

        i. A maximum of four (4) lots adjacent to Fort Lowell Road, all restricted to one (1) story construction.

      2. The owner/developer shall dedicate or verify the existence of right-of-way, per the Major Streets and Routes Plan, along Fort Lowell Road including a thirty (30)-foot radius spandrel at the southeast corner of the site. Appropriate right-of-way dedications on Columbus Boulevard shall also be required to encompass the required improvements.

      3. The cross-section of the east-west spine road shall include one travel lane in each direction, minimum 5-foot wide bike lanes, midblock pedestrian crossings, 6-foot pedestrian sidewalks and left turns at intersections. The spine road shall be installed on an alignment as generally depicted on the preliminary development plan. Said improvements shall include a 100-year storm capacity box culvert at the Christopher City Wash. Approval of the final alignment of this spine road shall be based on appropriate/logical connectivity at Columbus Boulevard and Alvernon Way. The spine road shall be completed through to Alvernon Way prior to issuance of the building permits for more than 250 homes.

      4. Columbus Boulevard shall be improved to provide for an appropriate three (3)-lane section in accordance with the required traffic study, with minimum 5-foot wide bike lanes, the west curb, and the west six (6) foot wide sidewalk.

      5. The developer shall make a fair-share financial contribution to update the traffic signal at Fort Lowell Road and Columbus Boulevard to current City of Tucson standards including, but not limited to, infrastructure such as conduit, pedestrian ramps, wiring, and a video detection system.

      6. A transit bus turnaround shall be provided at the north end of Columbus Boulevard if determined necessary by Sun Tran. This may be provided either on or off the property.

      7. The developer shall construct an eastbound left turn lane and a westbound deceleration lane on Fort Lowell Road for the proposed entrance opposite McCormick Place.

      8. The local street cross-section within the subdivision shall be designed to accommodate on-street parking on one or both sides of the street.

      9. The location of any "No Parking" signs shall be disclosed by a note on the final plat and shall be shown on the tentative plat.

      10. A detailed hydrology and hydraulics report including a comprehensive detention/retention analysis shall be submitted and approved.

      11. All improvements including drainage structure(s) along, across or discharging into the Christopher City Wash shall be paid for by the developer and constructed in compliance with City of Tucson standards. Any drainage improvements adjacent to Columbus Boulevard shall be outside the street right-of-way.

      12. A minimum ten (10) foot wide landscape buffer with canopy trees shall be provided adjacent to the Ft. Lowell Road, Columbus Boulevard, east/west and north/south spine road right-of-ways.

      13. A buffer of native vegetation at least ten (10) feet wide shall be maintained between the subject parcel and the Rillito Riverpark unless the riverpark trail is relocated to the satisfaction of Pima County and City of Tucson Parks and Recreation Department.

      14. The developer shall construct or provide funding for parking and trail staging area near the northeast corner of the rezoning site for the Rillito River Park. The final location and design shall be subject to an agreement between City of Tucson Parks and Recreation, Pima County Parks and Recreation and the developer.

      15. The owner/developer shall install a ten (10) foot wide compacted decomposed granite pedestrian trail and dedicate a fifteen (15) foot public access easement on at least one side of the Christopher City wash within the natural landscape corridor. The pathway shall connect with Columbus Boulevard and the Riverpark. The specific design of the trail including paving, trail placement, signage, maintenance, fencing, and lighting restrictions shall be approved by the Tucson Parks and Recreation Department.

      16. 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.

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

      18. All private open space and landscape areas, including detention/retention areas, shall be designated as common area and maintained by the homeowners association.

      19. 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.

      20. The owner/developer shall provide an eight (8) foot wide publicly-accessible pedestrian trail along the west side of Columbus Boulevard. The trail shall connect with the trail along Christopher City Wash and the Rillito River park trail. The specific design of the trail including trail paving, placement, signage, maintenance, fencing and lighting restrictions are subject to approval by Tucson Parks and Recreation.

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

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

      23. The rezoning site shall be subject to the requirements of the City of Tucson Landfill Ordinance No. 8852.

      24. If the overall density is greater than six (6) units per acre, the site design shall provide a density transition to a maximum of six (6) units per acre along the west boundary.

      25. Any monument signs shall be integrated into the landscaping.

      26. All mechanical equipment shall be screened and architecturally integrated with the design of the development.

      27. Street numbers shall be clearly visible from public rights-of-way. The size, location, and style of numerals shall be based on the character of the building.

      28. Grading of the development parcel shall not occur more than four (4) months before construction.

      29. "Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department.

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

      31. The owner/developer shall offer to hold a meeting with surrounding neighborhood and homeowner associations within one mile of the site about the tentative plat. The meeting date shall be no less than seven (7) days prior to CDRC submittal. Documentation of the meeting with the homeowner associations shall be provided with the CDRC submittal.

      32. The owner/developer shall notify all neighborhood and homeowner associations within a mile and offer to hold a meeting on any proposed significant changes in the master development plan or rezoning conditions no less than fifteen (15) days prior to submittal to the City. Documentation of the written notification to the homeowner associations shall be provided with the submittal.

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

      34. Healthy native vegetation, within the Christopher City wash, including velvet mesquite and hackberry, will be preserved in place.

    Fourteen (14) written approvals and two (2) written protests have been received. One (1) of the protests is within the 150-foot area, representing a less than one percent protest by area to the east

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

13. PRE-ANNEXATION AND DEVELOPMENT AGREEMENT: WITH STARR PASS RESORT LIMITED LIABILITY CO. IN THE PROPOSED STARR PASS ANNEXATION DISTRICT

    (a) Report from City Manager JAN14-02-39 WI

    ADDED (b) Resolution No. 19106 relating to annexations; authorizing and approving the execution of a pre-annexation development agreement between the City of Tucson and Starr Pass Resort L.L.C.; and declaring an emergency. The City Manager recommends approval of the Resolution.

14. PUBLIC HEARING: PROPOSED STARR PASS RESORT ANNEXATION DISTRICT

    (a) Report from City Manager JAN14-02-40 WI

    (b) Hearing

15. PUBLIC HEARING: MAJOR STREETS AND ROUTES PLAN AMENDMENT - STONE AVENUE, DRACHMAN STREET TO WETMORE ROAD

    (a) Report from City Manager JAN14-02-46 WIII

    (b) Hearing

    ADDED (c) Ordinance No. 9659 relating to planning and zoning; amending the Major Streets and Routes (MS&R) Plan map by reducing the total right-of-way of Stone Avenue between Drachman Street and Wetmore Road from 100 feet to 90 feet; and setting an effective date.

    The City Manager recommends adoption of the ordinance presented.

16. PUBLIC HEARING: ZONING (C9-01-11) SUNNY DAY INVESTMENTS - STELLA ROAD, RX-1 TO R-1, AND ZONING EXAMINER'S REPORT

    (a) Report from City Manager JAN14-02-26 WIV

    (b) Report from Zoning Examiner dated November 16, 2001

    (c) Hearing on a request to rezone approximately 17.18 acres for property located on the southwest corner of Stella Road and Sarnoff Drive, from RX-1 to R-1 zoning. Applicant: James C. Summerset, on behalf of the property owner, Sunny Day Investments LLC. The preliminary development plan is for a 68-lot single-family subdivision utilizing the residential cluster project (RCP) option. The Zoning Examiner recommends approval of R-1 zoning. The City Manager recommends approval of the request, subject to the following conditions:

      1. 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 4.1.1 of the LUC, including, but not limited to:

        a. All structures to be one-story.

      2. Curb access ramps and six (6)-foot wide sidewalks shall be installed along Stella Road and Sarnoff Drive.

      3. All unused existing curb cuts shall be closed.

      4. The owner/developer shall complete either a Conditional Letter of Map Revsion (CLOMR) or a Letter of Map Revsion (LOMR) in addition to a detailed hydrology and hydraulics report addressing detention and compliance with the two-year Threshold Retention requirement

      5. Owner/developer shall maximize the use of water harvesting opportunities and techniques.

      6. All proposed bank stabilization shall be located in accordance with the approved drainage report.

      7. The owner/developer shall dedicate, by fee or easement, path corridors at least twenty-five (25) feet wide along both sides of the Atterbury Wash. A shared-use asphalt path, at least ten (10) feet wide, with landscaping and appropriate safety railing shall be constructed to City of Tucson Parks and Recreation requirements, including those related to drainage, within the eastern trail corridor. The western trail corridor shall be reserved for possible future improvements. Handicap access shall be provided from Stella Road to the path. A bike rack shall be provided. Vegetative buffers of native plant materials, including trees, shall be installed along the outer edges of the path corridors to screen them from residences.

      8. A minimum ten (10) foot wide landscape buffer with canopy trees shall be provided along the Stella Road and Sarnoff Drive frontages. A masonry wall five (5) feet high shall be constructed on the development side of the landscape buffer along the Sarnoff Drive frontage.

      9. 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.

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

      11. Residential units and perimeter walls shall be constructed of building materials or painted a color that will blend with the local desert environment.

      12. The contractor shall provide a qualified archaeological monitor whenever ground disturbing activities are taking place. Any archaeological features or materials encountered shall be documented in place and a written report provided to the City of Tucson Historic Preservation Office within thirty (30) days of project completion. The archaeologist shall have the authority to stop construction work until features are appropriately recorded. 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.

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

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

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

      16. "Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department.

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

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

      Nine (9) written approvals and six (6) written protest have been received. Four of the protests are within the 150 foot area, representing a 16.3 percent protest by area to the south, a 10.5 percent protest to the west, and zero percent to the north and east.

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

17. PUBLIC HEARING: TUCSON CODE - AMENDING (CHAPTER 7) RELATING TO THE REGULATION AND ENFORCEMENT OF DANCE HALLS (CONTINUED FROM THE MEETING OF SEPTEMBER 10, 2001)

    (a) Report from City Manager JAN14-02-33 CITY-WIDE

    (b) Hearing

    (c) Ordinance No. 9658 relating to businesses regulated; regulating dance halls; amending definitions; amending exceptions to license requirement; amending penalty for operation of dance hall without a license; amending application procedures; providing fee waiver for non-profit organizations; amending grounds for denial of license; requiring posting of license and occupant load card; amending grounds for revocation of license; amending age restrictions; amending designation of location supervisors; amending requirements for notification of hours of operation; prohibiting operation during certain hours; amending prohibited activities and additional responsibilities of licensee; amending penalties and declaring violations a nuisance; providing for administrative assessment; providing authority to Chief of Police to enforce provisions of the Article; providing severability; and declaring an emergency; by amending Chapter 7, Article XV, Sections 7-350, 351, 352, 353, 354, 355, 356, 358, 359, 360, 361, 362, 363, and 364, and creating Sections 7-366 and 367.

    The City Manager recommends adoption of the ordinance as originally presented. The City Manager also recommends that staff create a checklist or packet for those applying for Dance Hall permits to ensure proper compliance.

18. PUBLIC HEARING: TUCSON CODE (CHAPTER 19) AMENDING THE TUCSON PRIVILEGE TAX CODE, AS OUTLINED IN THE SUMMARY OF THE PROPOSED 2002 MODEL CITY TAX CODE CHANGES

    (a) Report from City Manager JAN14-02-24 CITY-WIDE

    (b) Hearing

    (c) Ordinance No. 9652 relating to the business privilege tax; adopting amendments clarifying deductions and exemptions provided under the construction contracting provisions; providing exemptions for nursing care institutions, assisted living facilities, and charges for internet access services; making certain Arizona Department of Revenue tax interpretations binding on the City of Tucson; and clarifying the prospective application of new tax interpretations; by amending Sections 19-415 through 417, 19-445, 19-450, 19-465, 19-470, 19-500, 19-542, and Regulation 19-115.1 of the Tucson Tax Code; establishing an effective date; providing for severability and providing penalties for violations, and declaring an emergency.

19. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

    (a) Report from City Manager JAN14-02-27 CITY-WIDE

20. CALL TO THE AUDIENCE

At this time, any member of the public is allowed to address the Mayor and City Council on any issue. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask the City Manager to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "call to the audience."

21. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, January 28, 2002, at 7:30 p.m. in the Graham/Greenlee Rooms, Tucson Convention Center, 260 South Church, Tucson, Arizona.

MAYOR AND COUNCIL CONSENT AGENDA

Mayor and Council
Consent Agenda

MONDAY, January 14, 2002 - 7:30 P.M.
MAYOR AND COUNCIL CHAMBERS
(CITY HALL, 255 W. ALAMEDA, TUCSON, ARIZONA)

A. DEVELOPMENT AGREEMENT: WITH CAMP FIRE USA, SOUTHERN ARIZONA COUNCIL, TO CONSTRUCT A SKATEBOARD FACILITY IN SANTA RITA PARK

    (1) Report from City Manager JAN14-02-37 WV

    (2) Resolution No. 19099 relating to parks and recreation; authorizing and approving the development agreement with Camp Fire USA, Southern Arizona Council, to construct a skateboard facility in Santa Rita Park; and declaring an emergency.

B. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY FOR LIGHTING OF LITTLE LEAGUE FIELD #5 AT MORRIS K. UDALL PARK

    (1) Report from City Manager JAN14-02-23 WII

    (2) Resolution No. 19098 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement with Pima County for Lighting of Little League Field #5 at Morris K. Udall Park: and declaring an emergency.

C. REAL PROPERTY: SALE OF 425 NORTH DODGE BOULEVARD TO LA FRONTERA CENTER, INC.

    (1) Report from City Manager JAN14-02-22 WVI

    (2) Ordinance No.9656 relating to real property; vacating and declaring certain City property to be surplus property, and authorizing the sale thereof to La Frontera Center, Inc., and declaring an emergency.

D. CITY CLERK: AUTHORIZATION FOR REGISTRATION OF THE SERVICE MARK USED BY THE TUCSON POLICE DEPARTMENT

    (1) Report from City Manager JAN14-02-21 CITY-WIDE

E. REAL PROPERTY: EXTENSION OF AGREEMENT WITH BARRIO VIEJO ELDERLY HOUSING, INC. REGARDING THE DRACHMAN SCHOOL PROPERTY

    (1) Report from City Manager JAN14-02-36 WVI

    (2) Ordinance No. 9657 relating to real property; vacating and declaring certain City Property to be surplus property, and authorizing the sale thereof to Barrio Viejo Elderly Housing, Inc.; and declaring an emergency.

F. FINANCE: CONTINGENCY FUND TRANSFER FOR THE 2001 TUCSON RESILIENCY CONFERENCE

    (1) Report from City Manager JAN14-02-45 CITY-WIDE

    (2) Resolution No. 19100 relating to finance; approving and authorizing the transfer of one thousand two hundred ten dollars from the Contingency Fund to Organization 001-183-1838-268, for the 2001 Tucson Resiliency Conference.

    This is a request by Mayor Walkup.

G. FINANCE: CONTINGENCY FUND TRANSFER FOR THE USS TUCSON 770 CLUB

    (1) Report from City Manager JAN14-02-44 CITY-WIDE

    (2) Resolution No. 19101 relating to finance; approving and authorizing the transfer of seven thousand seven hundred dollars from the Contingency Fund to Organization 001-183-1838-268, for the USS Tucson 770 Club.

    This is a request by Mayor Walkup.

H. FINANCE: CONTINGENCY FUND TRANSFER FOR OPERATION SAFE TUCSON FORUM

    (1) Report from City Manager JAN14-02-43 CITY-WIDE

    (2) Resolution No. 19102 relating to finance; approving and authorizing the transfer of one thousand eleven dollars from the Contingency Fund to Organization 001-183-1838-268, for the Operation Safe Tucson Forum.

    This is a request by Mayor Walkup.

I. FINANCE: CONTINGENCY FUND TRANSFER FOR THE FESTIVAL OF HOPE 2001

    (1) Report from City Manager JAN14-02-42 CITY-WIDE

    (2) Resolution No. 19103 relating to finance; approving and authorizing the transfer of five thousand dollars from the Contingency Fund to Organization 001-183-1838-268, for Festival of Hope 2001; and declaring an emergency.

    This is a request by Mayor Walkup. Allocation of funds is as follows: Mayor Walkup - $2,500 and Council Member Ronstadt - $2,500.

J. FINANCE: CONTINGENCY FUND TRANSFER FOR COMMUNITY TRANSPORTATION OF SOUTHERN ARIZONA

    (1) Report from City Manager JAN14-02-41 CITY-WIDE

    (2) Resolution No. 19104 relating to finance; approving and authorizing the transfer of ten thousand seven hundred fifteen dollars from the Contingency Fund to Organization 001-183-1838-268, for Community Transportation of Southern Arizona; and declaring an emergency.

    This is a request by Council Member Scott. Allocation of funds as follows: Mayor Walkup - $2,143; Vice Mayor West - $2,143; Council Member Dunbar - $2,143; Council Member Scott - $2,143; and Council Member Ronstadt - $2,143.

K. INTERGOVERNMENTAL AGREEMENT: WITH PIMA COUNTY FOR THE STARR PASS RESORT ANNEXATION DISTRICT

    (1) Report from City Manager JAN14-02-38 WI

    ADDED (2) Resolution No. 19015 relating to Intergovernmental Agreements; approving and authorizing an Intergovernmental Agreement between the City of Tucson and Pima County relating to the annexation of the Starr Pass Resort; and declaring an emergency.

City Clerk's Office | Current Agenda


 

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