Mayor and Council Agendas for

FOR INFORMATION ONLY
17. Administrative Action Report and Summary - SS/MARCH23-98-147

1. ROLL CALL

ADDENDUM #1

REGULAR AGENDA ITEM NO. 2 HAS BEEN AMENDED AND CONSENT AGENDA ITEM NOS. 3-N AND 3-O HAVE BEEN ADDED:

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Reverend Lee Norris May, Prince Chapel AME Church

ADDED

PLEDGE OF ALLEGIANCE - Mayor and Council, Staff and Public in Attendance led by Catalina Council Scout PAC #122

3. CONSENT AGENDA - ITEMS A THROUGH M

FOR COMPLETE DESCRIPTION OF ITEMS

SEE THE CONSENT AGENDA

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

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

4. FINANCE: SALE OF GENERAL OBLIGATION BONDS (CONTINUED FROM THE MEETING OF MARCH 16, 1998)

a) Report from City Manager MARCH23-98-157 CITY WIDE

5. MAGISTRATES: APPOINTMENT OF CITY MAGISTRATE

(a) Report from City Manager MARCH23-98-147 CITY WIDE

(b) Ordinance No. 9028 relating to city magistrates; appointing Kate Dawes City Magistrate of the City of Tucson; fixing compensation.

ADDENDUM #3

REGULAR AGENDA ITEM NO. 6(b)1.a. and 6(b)6. HAS BEEN AMENDED (THERE ARE NO FURTHER CHANGES ON REMAINING PAGES OF ITEM):

6. ZONING: (C9-89-20) ESTES - VALENCIA ROAD, O-3 TO C-1, CHANGE OF CONDITION

(a) Report from City Manager MARCH23-98-154 WI

(b) Request for a change of condition of rezoning for a 3.16 acre portion of a 103,250-square-foot shopping center on 11 acres (the majority of the center is zoned C-1) located on the northwest corner of Valencia Road and Commerce Court Road. Applicant: Rick Engineering on behalf of the property owners, Midvale/Valencia, LLC. The applicant is requesting that Mayor and Council approve a change to condition 1.a. to reduce the landscape buffer requirement on the 175 feet of Commerce Court Drive north of Valencia Road from twenty (20) feet to fifteen (15) feet. Additional landscaping will be provided in the adjacent vehicular use area so that a minimum of 3500 square feet of landscaping will still be provided with the first 175 feet. The City Manager recommends the Mayor and Council approve the change to rezoning condition 1.a., subject to compliance with current code and the attached conditions of rezoning.

	1.	An approved development plan submitted in accordance with Section 5.3.8 of the LUC, in substantial compliance with the preliminary development plan presented to the Mayor and Council on September 8, 1997, including but not limited to:
MODIFY ADDED		a.	A fifteen (15) 20-foot-wide drought tolerant landscaped area shall be provided along the east (175 feet north of Valencia Road) except at points of ingress/egress, as shown on the submitted concept plan. Additional landscape area will be provided in the adjacent vehicular use area so that a minimum of 3500 square feet of landscape area will be provided within the first 175 feet.
		b.	The development site shall be buffered along the north edge with a minimum 50-foot building setback which includes a minimum ten-foot landscaped area.
		c.	Dumpsters and loading zones are to be located a minimum fifty (50) feet from any residential uses or zoning.
	2.		Additional fire hydrants may be necessary to comply with requirements of the Tucson Fire Code.
	3.		A drainage report consistent with the Midvale Park Master Drainage Plan/Report is required.
	4.		Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
	5.		The owner/applicant is allowed two (2) years to September 11, 1999, to comply with all Code requirements and conditions of rezoning.
AMENDED	6.		The installation of an additional lane of paving on the north side of Valencia Road (westbound), east of Commerce Court Road, to accommodate right turns onto Commerce Court Road; and the installation of all Code required improvements on Commerce Court Road are required by the owner/developer. Said turn lane and Code improvements shall be installed coincident with the building developed north of Pad 3. installation of the first (earliest) driveway access from the subject parcel to Commerce Court Road.
	7.		Any required or proposed masonry screen walls shall be constructed and/or painted with graffiti-resistant materials and shall be maintained in a graffiti-free condition. The color of the walls shall be complementary to that of the retail center.
	8.		All security lighting shall be directed downward and away from any adjacent residential uses or residentially zoned areas.
	9.		Incorporate "Safe by Design"concepts in the development plan submitted to the Community Design Review Committee for review by the Tucson Police Department.

No written approvals and one written protest were received for the original Mayor and Council consideration on this case on September 9, 1989. On February 12, 1998, a letter was received from the current owner of the adjacent property (J. L. Investments) rescinding the previous protest. The removal of this protest results in a zero percent protest.

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

7. ZONING: (C9-97-25) GILBY - GORET ROAD, SR TO RX-1

(a) Report from City Manager MARCH23-98-162 WI

(b) Report from Zoning Examiner dated January 23, 1998

(c) Request to rezone property at the north side of Goret Road west of Shannon Road alignment, approximately one-half mile west of Silverbell Road. An adjacent area of approximately 3 acres of existing RX-1 zoned property is included in the development for a total site of 43 acres. Applicant: Charles Deans of Planners Ink, on behalf of the property owners, Community for Ecological Living. The preliminary development plan is for the development of 28 single-family residences (maximum height of 18 feet) and a common building (approximately 4800 square feet and a maximum height of 18 feet) utilizing the Residential Cluster Project (RCP) option of the Land Use Code. All development is proposed to be clustered south of the Camino de Oeste Wash on approximately 10 acres of the total site. The overall density of the proposed development is 0.65 units per acre. The Planning Department recommends approval of RX-1 zoning, subject to conditions and adoption of subject ordinance. The Zoning Examiner recommends approval of RX-1 zoning, subject to the conditions. The City Manager recommends approval of RX-1 zoning, subject to the following conditions and adoption of the subject ordinance.

	1.	A subdivision plat, in substantial compliance with the preliminary development plan dated November 1997, the Environmental Resource Report dated October 22, 1997, and the preliminary elevation study submitted to the Zoning Examiner on January 8, 1998, is to be submitted and approved in accordance with Section 5.3.8 of the LUC, including, but not limited to:
		a.	The maximum number of units shall be 28 single-family residential units plus a common building (maximum area 4800 square feet) which may include cooking facilities.
		b.	Maximum height of all buildings shall be eighteen (18) feet.
		c.	The design of the common building and residential units shall include architectural features such as a variety of rooflines, articulated exterior walls, offsets, etc., to reduce the visual scale to that of adjacent single family detached units.
		d.	The exterior finishes of the buildings shall be limited to earth tones. Bolder colors shall be limited to accents.
		e.	All properties north of the south line of the 100-year floodplain area of the Camino de Oeste Wash shall be maintained as natural, undisturbed open space (NUOS). Additional functional open space shall be provided in the area south of the south line of the 100-year floodplain area of the Camino de Oeste Wash. All open space will be located in substantial conformance with the areas delineated on the preliminary development plan and in the Environmental Resource Report.
		f.	A minimum 25-foot wide natural landscape buffer shall be provided around the area to be developed. The buffer may be augmented with native plants.
		g.	There shall be no encroachment into the floodway or the 100-year floodplain area of the Camino de Oeste wash.
	2.		The owner/developer shall dedicate a 75-foot half right-of-way along the Goret Road frontage of the project.
	3.		The owner/developer shall provide improvements to Goret Road as required by Pima County.
	4.		The access point for this property shall provide for adequate sight visibility per AASHTO design standards at Goret Road. No significant adjustment of adjacent topography will be permitted.
	5.		All required or proposed masonry screen walls shall be graffiti-resistant. Those visible from a public street 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 and, if continuous for more than 75 feet in length and 3 feet in height, shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.
	6.		A drainage report shall be submitted and approved, including details of retention/detention.
	7.		"Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department.
	8.		Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
	9.		Five years are allowed in which to comply with all Code requirements and conditions of rezoning.

(d) Ordinance No. 9032 relating to zoning; amending zoning district boundaries in the vicinity of the north side of Goret Road west of Shannon Road alignment, approximately one-half mile west of Silverbell Road in rezoning case C9-97-25 Gilby - Goret Road, SR to RX-1.

A total of 112 written approvals and 42 written protests have been received. Four (4) of the approvals and fifteen (15) of the protests are located within the 300-foot rezoning notification area. Of the approvals and protests within the 300-foot rezoning notification area, two (2) approvals and eight (8) protests are located within 150-foot of the subject property. The protests generally refer to incompatibility with surrounding development, increased traffic and setting a trend for higher density. The protests represent a 49.16 percent protest by area to the north, 43.89 percent protest to the east, 9.84 percent protest to the south, and 4.8 protest to the west.

A 3/4 majority vote of the Mayor and Council will be necessary to adopt the subject ordinance, should the Mayor and Council choose to do so.

8. PUBLIC HEARING: AMENDMENT TO THE BEAR CANYON NEIGHBORHOOD PLAN - TANQUE VERDE CASITAS

(a) Report from City Manager MARCH23-98-155 WII

(b) Hearing.

(c) Resolution No. 17983 relating to planning and zoning; amending the Bear Canyon Neighborhood Plan.

The Planning Department recommends allowing single-story residential development to be an option on the amendment site. The City Manager recommends adoption of the subject resolution amending the Bear Canyon Neighborhood Plan to allow one-story medium density residential development on the amendment site.

ADDENDUM #2

REGULAR AGENDA ITEM NO. 9(c) HAS BEEN CORRECTED. (THERE ARE NO FURTHER CHANGES ON REMAINING PAGES OF ITEM):

9. PUBLIC HEARING: ZONING (C9-97-23) ROBB - KENT DRIVE, RX-1 TO R-1

(a) Report from City Manager MARCH23-98-163 WII

(b) Report from Zoning Examiner dated January 30, 1998.

(c) Hearing for an appeal of the Zoning Examiner’s recommendation. The appeal was filed by the Carriage Hills Neighborhood Association, a party of record, pursuant to Section 5.4.5.14 of the Land Use Code (LUC). The LUC requires that the appeal be heard at a public hearing before the Mayor and Council. The applicant is Rick Engineering Company on behalf of the property owner, the Jane Robb Trust to rezone approximately 11.93 acres. The property is located approximately 575 feet south of Speedway Boulevard and 1950 feet east of Pantano Road (west side of Robb Wash) with an extension north to Speedway on the Kent Drive alignment. The preliminary development plan is for 45 one-story single-family residences on 11.93 acres utilizing the Residential Cluster Project (RCP) option of the Land Use Code for a density of 3.77 units per acre.

CORRECTION ADDED

The Planning Department and the Zoning Examiner recommends approval of R-1 zoning, subject to the conditions and a provision for vehicular access to the existing Kent Drive to the south. The Zoning Examiner recommends approval of R-1 zoning, subject to the conditions including no vehicular access to the existing Kent Drive to the south. The City Manager recommends approval of R-1 zoning, subject to the following conditions.

	1.	A subdivision plat, in substantial compliance with the preliminary development plan dated October 27, 1997, and the Design Compatibility Report, is to be submitted for approval in accordance with Section 5.3.8 of the LUC, including, but not limited to:
		a.	No vehicular access to the existing Kent Drive to the south.
		b.	Natural vegetation (other than Desert Broom) shall be preserved along the proposed trail adjacent to Robb Wash.
		c.	All buildings shall be limited to one-story and a maximum of 16 feet.
		d.	All structures, including walls and houses, shall be constructed of building materials of a natural color or painted a color which will blend with the native vegetation.
	2.		There shall be a sidewalk meeting Americans with Disabilities Act (ADA) requirements on the east side of Kent Drive in addition to the one on the west side of the street.
	3.		A drainage report shall be submitted and approved, including details of retention/detention.
	4.		Due to the proximity of Robb Wash (an unstabilized channel) to Kent Drive (a public street), the applicant shall install necessary erosion protection and/or establish an appropriate erosion hazard setback as determined by the approved drainage report.
	5.		All required or proposed masonry screen walls shall be graffiti-resistant. Those visible from a public street 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 and, if continuous for more than 75 feet in length and 3 feet in height, shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.
	6.		"Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department with particular attention to the trail adjacent to Robb Wash.
	7.		Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
	8.		Five years are allowed in which to comply with all Code requirements and conditions of rezoning.

Eight (8) written approvals and one-hundred thirty-two (132) written protests have been received. Seventy (70) protests are within the 300 foot notification area and twenty (20) of those protests are located within 150 feet of the rezoning site. The protests generally refer to increased traffic, density, crime and loss of open space. These protests represent a 5.86 percent protest by area to the north, a 78.89 percent protest to the south, a 3.85 percent protest by area to the east, and a 34.51 percent protest by area to the west.

A 3/4 majority vote of the Mayor and Council will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.

10. PUBLIC HEARING: ZONING (C9-89-27) COMMERCIAL SOUTHWEST - FIRST AVENUE, MH-1 TO C-1 AND C-2, REQUEST TO REACTIVATE A CLOSED CASE, REVISE THE PRELIMINARY DEVELOPMENT PLAN AND CONDITIONS OF REZONING, AND A TWO-YEAR TIME EXTENSION

(a) Report from City Manager MARCH23-98-156 WIII

(b) Hearing on a request to reactivate a closed case, to revise the preliminary development plan submitted with original application and to revise conditions of rezoning, and for the consideration of a two-year time extension for the completion of the rezoning conditions. The original application was for the development of a retail shopping center located on the northeast corner of First Avenue and Limberlost Drive comprised of a 143,000-square-foot retail/commercial center on 13.4 acres. The subject property has since been reduced in area and the new request is for a 120,000-square-foot commercial building and two 4,000-square-foot building pads on approximately 12.2 acres. The 1.2 acres that are being removed from the request are located at the northeast corner of the site and are being developed as part of an earlier County rezoning case Co9-85-12 for apartments. Applicant: Jack Neubeck from the Planning Center. The Planning Department recommends the case be reactivated, the modified preliminary development plan and revised conditions of rezoning be approved, and the time extension request to complete the conditions of rezoning to November 20, 1999, be approved, subject to C-1 zoning for the entire 12.2 acres, and the revised preliminary development plan and revised conditions of rezoning. The City Manager recommends the Mayor and Council reactivate the closed case and approve the modifications to the preliminary development plan, the revised conditions of rezoning and the requested time extension to complete the conditions of rezoning to November 20, 1999, subject to C-1 zoning for the entire 12.2 acres and the attached revised conditions of rezoning.

	1.	A development plan, accurately addressing the new property boundaries, the downgrading of Limberlost Drive, and the following amended conditions of rezoning, is to be submitted for review and approval in accordance with Section 5.3.8 of the Land Use Code, including but not limited to:
		a.	The maximum building height shall be twenty-six (26) feet, as measured to the highest point of the building.
		b.	A thirty (30)-inch-high decorative masonry wall and a minimum thirty (30)-foot-wide landscape buffer area shall be provided on both street frontages.
		c.	All lighting shall be low pressure sodium, shielded and directed away from adjacent residentially zoned or developed properties and mounted no higher than ten (10) feet above grade.
		d.	All freestanding signage shall be compatible with the architectural design and colors of the buildings and shall be integrated into the landscape buffer area.
		e.	The architectural design of the buildings shall include earthtone colors and a variety of roof-lines.
	2.		The owner/developer shall close any unused curb cuts, repair any salvageable sidewalk, and install new sidewalks, drive aprons and curb access ramps as necessary.
	3.		The owner/developer shall dedicate additional right-of-way for the widening of First Avenue per the Major Streets and Routes Plan, and a thirty (30)-foot radius spandrel at the southwest corner of the subject property.
	4.		A drainage report shall be submitted for review and approval, including details of retention and detention.
	5.		The owner/developer shall install a northbound right turn lane on First Avenue as determined necessary by the City Engineer.
	6.		No vehicular access points shall be located within 200 feet of the intersection centerline of First Avenue and Limberlost Drive.
	7.		The owner/developer shall provide additional pavement with curb and sidewalk on the north side of Limberlost Drive as may be determined necessary by the City Engineer.
	8.		The owner/developer shall dedicate additional right-of-way for Limberlost Drive as may be determined necessary by the City Engineer.
	9.		The owner/developer shall provide full development of an ADA accessible Sun Tran bus stop at the southwest corner of the subject property.
	10.		Access from First Avenue shall be limited to two (2) points. The principal access point shall be clearly defined and highly visible and shall align with the existing apartment driveway on the west side of the street.
	11.		Access from Limberlost Drive shall be limited to one (1) point.
	12.		Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
	13.		The owner/developer has until November 20, 1999, to comply with all Code requirements and conditions of rezoning.
	14.		Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials and shall incorporate one of the following decorative materials: (a) tile, (b) stone, (c) brick, (d) textured brick/block, (e) a coarse-textured material such as stucco or plaster, or (f) a combination of the above materials. In addition, any continuous wall greater than 75 feet in length and 3 feet in height that is 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.
	15.		All dumpsters, recycling areas, outside loading areas, and storage areas (if C-2 zoning is authorized) shall be located a minimum fifty (50) feet away from all residential properties and shall be screened from adjacent residential properties and public right-of-ways with a six (6)-foot-high decorative masonry wall of materials and colors similar to those of the principal structures. All activity in these areas shall be restricted to between 6:00 a.m. to 10:00 p.m.
	16.		"Safe by Design" concepts shall be incorporated in the development plan for review by the Tucson Police Department.

Four (4) approvals and two (2) protests were received for the original public hearing on this case on September 14, 1989. The Campus Farms Neighborhood Association has recommended approval of the applicant’s request subject to the revised preliminary development plan and revised conditions of rezoning.

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

11. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager MARCH23-98-158 CITY WIDE

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

13. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, April 6, 1998, at 2:00 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.

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