Mayor and Council Agendas for

ADDENDUM

REGULAR AGENDA ITEM NO. 6 HAS BEEN CORRECTED, ITEM NO. 15 HAS BEEN AMENDED AND ITEM NO. 17 HAS BEEN ADDED:

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Reverend Irene Edman, Rincon Congregational Church of Christ

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

PRESENTATIONS

(a) Proclamation - Proclaiming April 6-8, 1998 to be "Community Development Week" and April 9, 1998 to be "Community Economic Development Day"

(b) Proclamation - Proclaiming April 5-12, 1998 to be "Simon Peter Week"

(c) Presentation of the Distinguished Budget Presentation Award from the Government Finance Officers Association of the United States and Canada (GFOA).

(d) Presentation of the "1997 ASPE Outstanding Engineering Achievement Award" by the American Society of Professional Engineers for the Tucson Stormwater Management Study.

3. CONSENT AGENDA - ITEMS A THROUGH K

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 23, 1998)

(a) Report from City Manager APRIL6-98-176 CITY WIDE

5. FINANCIAL PARTICIPATION AGREEMENT: WITH THE ARIZONA COUNCIL FOR ECONOMIC CONVERSION AS PART OF A REQUIREMENT FOR MATCHING FUNDS

(a) Report from City Manager APRIL6-98-180 CITY WIDE

(b) Resolution No. 17991 relating to outside agency activities; approving and authorizing the Financial Participation Agreement between the City of Tucson and the Arizona Council for Economic Conversion.

6. COMMUNITY SERVICES: SUPPORTING A LOW INCOME HOUSING TAX CREDIT APPLICATION FOR HOPE VI; AUTHORIZING AN OPTION AGREEMENT FOR CONVEYANCE OF PROPERTY TO THE METROPOLITAN HOUSING CORPORATION IN CONJUNCTION WITH APPLICATION; AND CONFIRMING THAT THE GSRN GREATER SANTA ROSA NEIGHBORHOOD IS A CITY REVITALIZATION AREA

(a) Report from City Manager APRIL6-98-183 WV

(b) Ordinance No. 9037 relating to real property; authorizing and approving the execution of an option agreement for the conveyance of the Connie Chambers buildings and infrastructure and of replacement housing to the Metropolitan Housing Corporation, an Arizona nonprofit corporation and for the development of those properties, in conjunction with the Low Income Housing Tax Credit Program; will involve retention of ownership of the underlying land by the City of Tucson.

The City Manager recommends that the Mayor and Council approve Ordinance No. 9037. Authorizing the Option Agreement with the Metropolitan Housing Corporation, support the submittal of a Low Income Housing Tax Credit Application to the State of Arizona for HOPE VI; and confirm that the Greater Santa Rosa Neighborhood is a City of Tucson Revitalization Area.

7. FINANCE: LOAN AGREEMENT WITH THE WATER INFRASTRUCTURE FINANCE AUTHORITY (WIFA) RELATING TO THE CLEAN WATER ACT

(a) Report from City Manager APRIL6-98-187 CITY WIDE

(b) Ordinance No. 9036. An ordinance relating to finance; authorizing the City of Tucson to borrow up to $6,000,000 from the Water Infrastructure Finance Authority of Arizona; authorizing the execution and delivery of a loan repayment agreement evidencing such loan and providing for the repayment thereof; pledging the net revenues of the City's water system to the repayment thereof; and declaring an emergency.

8. ZONING: (C9-97-30) MLM PROPERTIES - GANLEY ROAD, PI TO MH-2

(a) Report from City Manager APRIL6-98-181 WV

(b) Report from Zoning Examiner dated March 6, 1998

(c) Request to rezone aproximately 4.13 acres of property at the northwest corner of Ganley Road and Del Moral Boulevard. Applicant: Rawhide Holdings, Inc., on behalf of the property owners, MLM Properties. The preliminary development plan is for a 29-lot mobile home subdivision utilizing the RCP (Residential Cluster Project) option with a density of approximately 7 units per acre. The Planning Department and the Zoning Examiner recommends approval of MH-2 zoning, subject to the conditions. The City Manager recommends approval of MH-2 zoning, subject to the following conditions.

1. A subdivision plat, in substantial compliance with the preliminary development plan is to be submitted for approval in accordance with Section 5.3.8 of the LUC, including, but not limited to:

a. A minimum of ten (10) street trees chosen from native desert varieties to be placed along the new street.

b. Reconfiguration of the lot layout to provide for an integrated development.

2. The owner/developer shall dedicate 25-foot radius spandrels at the northwest and southwest corners of the intersection of the new street with Del Moral Boulevard.

3. The owner/developer shall install or verify existence of 24 feet of pavement, curb, sidewalk, and necessary curb access ramps along the portions of the site that abut Ganley Road and Del Moral Boulevard.

4. A drainage report shall be submitted and approved, including necessary retention/detention calculations for a site located in a balanced drainage basin.

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.

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.

One (1) written approval and one (1) written protest have been received. The protest is located within the 150-foot notification area and results in a twenty-one (21) percent protest by area to the north and zero (0) percent to the south, west and east.

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.

9. ZONING: (C9-97-28) FABE LITHO - MIRACLE MILE, C-2 TO OCR-1

(a) Report from City Manager APRIL6-98-185 WIII

(b) Report from Zoning Examiner dated March 6, 1998

(c) Request to rezone property at the northeast corner of Miracle Mile and Flowing Wells Road. Applicant: Planners Ink on behalf of the property owners, G.T.C., L.L.C. The preliminary development plan is for a mixed use commercial center in which the principal tenant will be Fabe Litho, a commercial printing and graphics related company, in the existing 116,700-square-foot one-story structure (a former K-Mart). Associated uses include limited manufacturing and warehousing. Four new one-story commercial buildings with a total gross floor area of approximately 31,800 square feet are also proposed. The preliminary development plan indicates that these uses may include additional warehouse space, general retail, and a convenience market. The Planning Department and the Zoning Examiner recommends approval of OCR-1 zoning, subject to the conditions as amended. The City Manager recommends approval of OCR-1 zoning, subject to the following conditions.

1. A development plan, in substantial compliance with the preliminary development plan as amended by the following conditions, is to be submitted for review and approval in accordance with Section 5.3.8 of the LUC, including, but not limited to the following:

a. Parking shall be provided in multiple parking nodes located adjacent to the main entrances of each building.

b. An enhanced primary vehicular/pedestrian entry route from Miracle Mile shall be provided. This entryway shall connect the proposed retail buildings and the existing 117,000 square foot building. The route shall include landscaped pedestrian facilities on either side of the route and shall include one (1) canopy tree per thirty-three (33) linear feet of landscape buffer.

c. An enhanced secondary vehicular/pedestrian entry route from Flowing Wells Road shall be provided. This entryway shall connect the proposed retail buildings and the proposed warehouse. This route shall also include one (1) canopy tree per thirty-three (33) linear feet of landscape buffer.

d. An adjacent and accessible route to the "mini-mart" building directly from both the primary and secondary vehicular/pedestrian entry routes shall be provided. Fuel islands and parking shall be placed so as not to interfere with pedestrian access to the building.

e. A securable pedestrian connection to the mobile home park to the east of the existing 117,000-square-foot building, provided the owner of the mobile home park is agreeable.

f. A clearly defined, highly visible main entrance shall be provided for each building and each principal user within the existing building.

g. No barbed wire, concertina wire, razor wire or other type of security wire shall be visible from public right-of-ways, the primary or secondary accessways, or the adjacent residential properties, except for the barbed wire on the existing wall adjacent to Friendly Village Estates mobile home park.

h. All roof mounted or ground mounted mechanical equipment on new buildings shall be screened from view from adjacent residential property and public right-of-ways.

i. All rear and side building facades shall be designed with attention to the front facades.

j. Street landscape buffers at least 10 feet wide and screening meeting the requirements Sections 3.7.2.4 and 3.7.3 of the Land Use Code shall be provided along both Miracle Mile and Flowing Wells Road.

k. Canopy trees shall be provided along the north and east property lines adjacent to residential zones equal in number to one per every 33 feet of boundary.

2. The owner/developer shall dedicate the necessary right-of-way, per the Major Streets and Routes Plan, for both Miracle Mile and Flowing Wells Road. This dedication shall also include appropriate intersection widening and a 30-foot radius spandrel at the southwest corner of the site.

3. The owner/developer shall close any existing unused curb cuts, repair any salvageable sidewalk, and install new sidewalks, drive aprons and curb access ramps as necessary.

4. No vehicular access points shall be allowed within 200 feet of the centerline of the intersection of Miracle Mile and Flowing Wells Road.

5. The owner/developer shall modify the median on Miracle Mile to align with the new access point and provide a sufficient storage bay for left turns into the site.

6. The owner/developer shall complete the process for vacation and purchase of the unnamed east-west right-of-way recorded in Docket 2100 at Page 461.

7. The owner/developer shall provide full development of an ADA accessible bus stop at the northeast corner of Miracle Mile and Flowing Wells Road.

8. A drainage report shall be submitted and approved, including details of retention/detention.

9. Any new 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 new 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.

10. All principal building colors shall be subtle, neutral or earth tones, with a low reflectivity. Brighter colors are appropriate for building trim.

11. The existing pole sign near the corner of Miracle Mile and Flowing Wells Road shall be removed and all new signage shall be developed into an integrated design compatible with the overall architectural design of the development. Freestanding signage shall only be allowed in conjunction with the enhanced vehicular/pedestrian entryways on Flowing Wells Road and Miracle Mile. No illuminated signage shall be located on the north or east facades of the existing building. A comprehensive sign plan shall be submitted with the development plan for CDRC review and approval.

12. Dumpsters, recycling areas, and outside storage areas shall be located a minimum fifty (50) feet away from all residential properties.

13. Outdoor storage, recycling or similar areas shall be screened from the adjacent residential properties and public right-of-ways with masonry walls of materials and colors similar to those of the principal structures.

14. The existing light standards in the parking lot south of the existing building shall be removed or modified. All lighting shall be directed down and away from adjacent residential uses. General parking area lights are to be mounted no higher than the highest point on the proposed new retail buildings. Lighting fixtures adjacent to the pedestrian facilities along the primary vehicular /pedestrian access route shall be human scaled.

15. The access route for the warehouse building loading spaces shall be separate from the principal vehicular access route.

16. Use of the loading zones adjacent to residential property shall be limited to 7 A.M. to 9 P.M.

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

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

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

Five (5) written approvals and zero (0) written protests have been received.

A simple 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. ZONING: (C9-97-24) WOOTTON - HOUGHTON ROAD, SR TO R-1

(a) Report from City Manager APRIL6-98-188 WII

(b) Report from Zoning Examiner dated March 6, 1998

(c) Request to rezone approximately 20.2 acres located on the west side of Houghton Road approximately 1,250 to 2,050 feet north of Speedway Boulevard. Applicant: Damian Fellows, on behalf of the property owners, James and Diane Wootton. The preliminary development plan is for 92 single-family lots on 25.5 acres (including SR property which is proposed to remain in open space and the access road at the southern edge) for a density of 3.61 units per acre. The Planning Department recommends that action on this rezoning request be continued until such time as a Conditional Letter of Map Revisions (CLOMR) is approved and the flooding issues resolved, and that the case be remanded back to the Zoning Examiner at that time for a new public hearing and recommendation relative to the land use request. The Zoning Examiner recommends that action on this rezoning request be continued until such time as a Conditional Letter of Map Revision (CLOMR) is approved and the flooding issues resolved. The City Manager recommends that action on this rezoning request be continued until such time as a Conditional Letter of Map Revision (CLOMR) is approved and the flooding issues resolved, and that the case be remanded back to the Zoning Examiner at that time for a new public hearing and recommendation relative to the land use request.

Should the Mayor and Council choose to approve the rezoning request, it is recommended that the approval be subject to the following conditions.

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

a. No direct access from private yards to the linear park or undisturbed open space.

b. Structures to be constructed of natural appearing materials and painted earth tone colors.

2. The owner/developer shall dedicate or provide documentation of the existence of the right-of-way of Houghton Road, per the Major Streets and Routes Plan.

3. The owner/developer shall install, or verify the existence of, sufficient pavement to provide for both a northbound left turn lane with a minimum 150 foot storage area and a right turn deceleration lane on Houghton Road, or an alternative acceptable to the Department of Engineering.

4. The owner/developer shall install a separate paved pedestrian/bike path along the Houghton Road frontage of the project.

5. The owner/developer shall contribute to an escrow account to cover the cost of the future installation of an additional lane of paving, curb, and sidewalk along the Houghton Road frontage of the property.

6. The owner/developer shall improve the access road (Mariposa Road) along the southerly portion of the project to provide: a minimum of 36 feet of pavement for a distance of 100 feet west of Houghton Road to accommodate one (1) inbound and two (2) outbound lanes, a minimum of 24 feet of pavement along the remaining frontage of the project, and curb and sidewalk along the north side of the road for the entire length of the project.

7. The owner/developer shall dedicate a 30-foot-wide linear park, measured from the south 100-year floodplain limit of the Agua Caliente Wash.

8. The owner/developer shall dedicate a future well site, as determined necessary by the Tucson Water Department.

9. The owner/developer shall have prepared and implement an archaeological mitigation plan approved by the Arizona State Museum for identified and undiscovered archaeological and historic resources on the project site.

10. Temporary fencing shall be placed around undisturbed areas during construction to prevent encroachment.

11. 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.

12. All lighting to be shielded and directed away from residences to the north.

13. Native and/or drought-tolerant vegetation shall be used in all common areas.

14. The intersection of La Mariposa Drive and the entrance to the subdivision shall be signed "no right turn" to discourage traffic to the west.

15. The owner/developer shall dedicate the 100-year floodplain of the Agua Caliente Wash as undisturbed open space. If the approved drainage report determines that the flow rate in the Agua Caliente Wash is 10,000 cfs or more, the owner/developer shall dedicate, in fee simple to the City of Tucson, the banks, floodway, and 50 feet from the floodway/top of bank of the Agua Caliente Wash.

16. A drainage report shall be submitted and approved addressing detention (or justification for a detention waiver), threshold retention, the existing 100-year floodplain limits, and the Agua Caliente Wash floodway.

17. The diversion structure (referenced in the Environmental Resource Report) proposed by Pima County must be approved by FEMA and installed prior to approval of the final plat. A Conditional Letter of Map Revision/Letter of Map Revision (CLOMR/LOMR) shall be required should the diversion structure not be constructed.

18. "Safe by Design" concepts shall be incorporated in the subdivision plat 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.

Two (2) written approvals and sixteen (16) written protest have been received. Five (5) of the protests are within the 300-foot notification area with two (2) of those protests within the 150-foot notification area. The protests refer to increased flooding potential. This protest represents a 5.4 percent protest by area to the north, a 14 percent protest by area to the south, a 36 percent protest by area to the west, and a zero (0) percent protest to the east.

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.

11. REAL PROPERTY: LAND LEASE AGREEMENT WITH THE NATIONAL LAW CENTER FOR INTER-AMERICAN FREE TRADE IN THE RIO NUEVO NORTH AND THE DOWNTOWN COMMERCE PARK (DCP)

(a) Report from City Manager APRIL6-98-184 WI

(b) Ordinance No. 9038 relating to real property; authorizing the lease of certain City-owned real property to the National Law Center for Inter-American Free Trade.

12. APPEAL: (S-97-18) APPEAL OF SIGN CODE ADVISORY AND APPEALS BOARD DECISION - 549 N. STONE AVENUE (CONTINUED FROM THE MEETING OF MARCH 2, 1998)

(a) Report from City Manager APRIL6-98-173 CITY WIDE

(b) Applicant/Appellant: John Roberts, Young Electric Sign Company

This is an appeal of a decision of the Sign Code Advisory and Appeals Board to deny the variance from the General Requirements and Limitations provisions pertaining to freestanding signs, Sign A: Monument Type sign, (Tucson Code Section 3-59 (D)) which restricts (1) the maximum area, (2) height, and (3) requires a minimum setback from curb to the leading edge of the sign. Specifically, the applicant requested a variance to retain the existing nonconforming freestanding sign without having to bring the sign into conformance with the current Tucson Sign Code. (The existing sign could not be retained, by Code, due to a change of use occurring on the property.)

The applicant is now appealing the Board's decision denying the variance, and requests that the Board's decision be reversed and that a variance be allowed for the placement of one (1) 85 square foot, 36' high freestanding sign, setback 14 feet from the curb to the leading edge of the sign.

The Tucson Sign Code allows a freestanding sign to be 50 square feet in area, maximum height 10 feet, and is required to be setback 20 feet from the existing curb.

It should be noted that even with the variance being denied, the applicant has a right to a conforming freestanding sign in the dimensions and setback described in Section 3-59 (D) of the Sign Code.

13. PUBLIC HEARING: SAM HUGHES DISTRICT TRAFFIC IMPROVEMENT

(a) Report from City Manager APRIL6-98-174 WVI

(b) Hearing

(c) Resolution No. 17976 approving assessment and previous proceedings for the "Sam Hughes District Traffic Improvement," in the City of Tucson, Arizona.

14. PUBLIC HEARING: UNIVERSITY BOULEVARD, EUCLID AVENUE TO TYNDALL AVENUE DISTRICT STREETSCAPE IMPROVEMENT

(a) Report from City Manager APRIL6-98-182 WVI

(b) Hearing

(c) Resolution No. 17977 approving assessment and previous proceedings for the "University Boulevard Euclid Avenue to Tyndall Avenue District Streetscape Improvement," in the City of Tucson, Arizona.

15. PUBLIC HEARING: UPDATE TO THE DEPARTMENT OF TRANSPORTATION'S ROADWAY DEVELOPMENT POLICIES, CITY ORDINANCE NO. 6593

(a) Report from City Manager APRIL6-98-175 CITY WIDE

(b) Hearing

ADDED (c) Ordinance No. 9039 relating to transportation; amending Ordinance No. 6593 adopted December 8, 1986, providing procedures for the planning and implementation of policies for the development of public roadway improvements.

16. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager APRIL6-98-186 CITY WIDE

17. ZONING: (C9-96-14) TUCSON RUBBER CORPORATION - GANLEY ROAD (NORTH SIDE OF GANLEY ROAD APPROXIMATELY 1000 FEET EAST OF CAMPBELL AVENUE), R-2 TO P-I

(a) Report from City Manager APRIL6-98-190 WV

(b) Ordinance No. 9040 relating to zoning: Amending zoning district boundaries in the vicinity of the north side of Ganley Road approximately 1000 feet east of Campbell Avenue in rezoning case C9-96-14 Tucson Rubber Corporation - Ganley Road, R-2 to P-I.

The City Manager recommends adoption of the subject ordinance.

Four (4) written approvals and zero (0) written protests were received for this case.

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

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

*19. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, April 13, 1998, at 7:30 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.

*Renumbered due to the added item.

Home Search Hot Topics Help Contact Us!