Mayor and Council Agendas for

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Jamie Richard, New Covenant Church

PLEDGE OF ALLEGIANCE - Mayor and Council, staff and public in attendance

PRESENTATIONS:

(a) Presentation of Copper Letter to Scott Richardson, Urban Wildlife Specialist, Arizona Game and Fish Department for his contributions to the City's Multiple Benefits Water Projects Program and Advisory Committee for the Sweetwater Wetlands

(b) Presentation of Awards and Certificates of Recognition from the Southern Arizona Chapter of the American Public Works Association (APWA) and the State Chapter of APWA to several City employees for outstanding and dedicated service to the citizens of Tucson

(c) Presentation of "National Association of Telecommunications Officers and Advisors (NATOA)" Awards to City of Tucson Channel 12

3. CONSENT AGENDA - ITEMS A THROUGH H

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. TUCSON CODE: AMENDING (CHAPTER 27) RELATING TO SOUTHEAST AND SOUTHWEST AREA WATER DEVELOPMENT FEES

(a) Report from City Manager OCT5-98-544 WIV, WV & OUTSIDE CITY

(b) Ordinance No. 9136 relating to water; amending the Tucson Code, Chapter 27, Section 27-36, Area-Specific Development Fee, Subsections (1)(c) and (d), amending fees for the Southwest Area Water Development Fee and the Southeast Area Water Development Fee.

5. ZONING: (C9-98-22) MATHEWS - SWAN ROAD, R-2 TO C-1, ZONING EXAMINER'S REPORT

(a) Report from City Manager OCT5-98-535 WVI

(b) Report from Zoning Examiner dated September 11, 1998

(c) Request to rezone approximately 0.44 acres from R-2 to C-1 zoning. The rezoning site is located on the west side of Swan Road approximately 335 feet north of Pima Street. Applicant: Mr. Alex Kimmelman of Arizona History Associates, on behalf of the property owner, Mr. Jef Matthews. The preliminary development plan is for the conversion of an existing 1,128 square-foot, one-story, single-family residence on an 18,990 square-foot lot into a professional office and retail sales use. The Planning Department recommends denial of the requested change of zoning. Should the Mayor and Council choose to approve the change of zoning, its is recommended that they approve NC zoning in lieu of C-1 zoning, subject to certain conditions. The Zoning Examiner recommends approval of NC zoning in lieu of C-1 zoning, subject to certain conditions. The City Manager recommends denial of the requested change of zoning. Should the Mayor and Council choose to approve the change of zoning, its is recommended that they approve NC zoning in lieu of C-1 zoning 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, including, but not limited to:

a. Solid waste provisions to be at least fifty (50) feet from adjacent residentially zoned property.

b. Vehicular ingress-egress limited to one point from Swan Road along the southside of the building.

c. Canopy trees to be provided along the north and west property lines at a ratio of one tree per 33 linear feet. Additional shrubs and groundcover shall be provided to create a minimum 50 percent coverage within two years.

d. Colors found predominately in the natural desert landscape shall be used for exterior walls.

2. The owner/developer shall dedicate the necessary right-of-way for Swan Road per the Major Streets and Routes Plan.

3. The owner/developer shall upgrade the existing Sun Tran bus facility as required by the Department of Transportation.

4. Freestanding signage for this development shall be limited to one (1) sign with a maximum of two (2) sign faces, a maximum of 30 square feet per sign face, and a maximum sign height of eight (8) feet. Freestanding signage shall be designed of the same materials and colors as the building and walls, and shall be integrated into the landscape buffer area.

5. A drainage statement shall be submitted and approved.

6. Stormwater harvesting shall be maximized by depressing the landscaped areas six (6) inches.

7. All exterior lighting shall be low sodium and shall be directed down and away from adjacent residential properties. It shall be mounted below the height of the required screen walls.

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

9. An on-the-ground archaeological survey shall be performed and submitted to the Arizona State Museum for approval before the development plan is approved.

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

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

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

One (1) written approval and eleven (11) written protests have been received. Two (2) protests are within the 150 foot notification area and result in a 100 percent protest by area to the east, 17.3 percent protest to the north, 19.4 percent protest to the south and zero percent protest 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.

6. ZONING: (C9-98-21) PULTE HOMES - OLD SPANISH TRAIL, SR TO R-1, ZONING EXAMINER'S REPORT

(a) Report from City Manager OCT5-98-542 WIV

(b) Report from Zoning Examiner dated September 11, 1998

(c) Request to rezone approximately 19.55 acres from SR to R-1 zoning. The rezoning site is located in the triangular area between 22nd Street, Old Spanish Trail, and the Discovery Ridge Subdivision. Applicant: Ms. Linda Morales of The Planning Center, on behalf of the property owners Pulte Homes. The preliminary development plan is for 61 one-story single-family residences on 19.55 acres utilizing the Residential Cluster Project (RCP) option for a density of 3.12 unites per acre. The Planning Department recommends approval of R-1 zoning, subject to certain conditions. The Zoning Examiner recommends approval of R-1 zoning, subject to certain conditions. 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 and the 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 of the 100-year floodplain area of the Hidden Hills Wash and the unnamed tributary shall be preserved in its natural state and designated as natural open space, except for the street crossings. The natural open space shall be so designated in a surveyable manner on the tentative and final plats and referred to in the CC&Rs. Activities permitted in the natural open space include maintenance, vegetative enhancement and pedestrian recreation.

b. A minimum forty (40) foot wide landscape buffer, with a design sensitive to the character of Old Spanish Trail east and south of this property and consistent with the City of Tucson Scenic Routes requirements, shall be provided adjacent to the Old Spanish Trail right-of-way. The existing vegetation shall be preserved, except at street intersections, and supplemented with native vegetation as needed.

c. A landscape buffer, with a minimum width of 10 feet and averaging at least 30 feet in width shall be maintained and enhanced adjacent to the 22nd Street right-of-way, preserving existing vegetation to the maximum extent possible and supplementing it with native vegetation as needed, except at street intersections.

d. A landscape buffer, with a minimum width of 30 feet, shall be maintained and enhanced adjacent to the east boundary, preserving existing vegetation to the maximum extent possible and supplementing it with native vegetation as needed.

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

f. A conservation easement, prohibiting the destruction or removal of the existing vegetation, is to be recorded with each lot that includes any area of the 100-year floodplain or other designated open space.

g. A maximum of two (2) road crossings of the unnamed tributary and none across the Hidden Hills wash.

h. A maximum of three (3) vehicle access points from the public streets. Every attempt shall be made to eliminate one access point during the final subdivision design.

i. All structures limited to one-story with a mix of building heights varying between 16 and 20 feet to the highest point of the roof.

2. The owner/developer shall dedicate the additional right-of-way for Old Spanish Trail (including intersection widening) and 22nd Street per the Major Streets and Routes Plan, and a 30 foot radius spandrel at the southeast corner of Old Spanish Trail and 22nd Street.

3. The owner/developer shall install an interim continuous left turn lane, including appropriate transitions, on Old Spanish Trail to accommodate vehicles turning left into the proposed access points.

4. In lieu of the installation of an additional lane of pavement, curb, and sidewalk along the Old Spanish Trail and 22nd Street frontages of the property, the owner/developer shall contribute $625 per lot to an escrow account to cover the future costs of same. This contribution shall satisfy the future improvement district obligations of the property.

5. The owner/developer shall improve, or contribute their fair share of the modification costs of, the Old Spanish Trail bike lane as determined appropriate by the Pima County Parks and Recreation Department.

6. The owner/developer shall contribute to an escrow account a 25 percent share of the cost of a future (100-year storm event capacity) box culvert/drainage structure to be located on 22nd Street at the Hidden Hills Wash drainage crossing.

7. A drainage report shall be submitted and approved addressing retention/detention.

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

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

10. An on-the-ground archeological survey shall be conducted, including a data recovery program if cultural remains are found, prior to the approval of the tentative plat. No land modification shall occur contrary to the recommendation of the report.

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

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

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

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

Seven (7) written approvals and fifty-six (56) written protests have been received. One (1) protest is within the 150 foot notification area resulting in a 5.8 percent protest by area to the east and zero percent protest to the north, south and west.

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.

7. ZONING: (C9-98-SP-2b) LA ENTRADA REDEVELOPMENT PLAN/SPECIFIC PLAN, SP-2 DISTRICT LAND USE DISTRICT "B2", ZONING EXAMINER'S REPORT AND ORDINANCE ADOPTION

(a) Report from City Manager OCT5-98-545 WI

(b) Report from Zoning Examiner dated September 11, 1998

(c) Request for a change of condition of the La Entrada Redevelopment Plan/Specific Plan. Applicant: Ms. Colleen Concannon, owner of the Manning House property. She is currently negotiating with the City of Tucson, the current property owner, to purchase the subject property. The subject property is located within an area designated in the Plan as Land Use District "B2", a 4.3 acre parcel located south of Franklin Street, east of Interstate 10, north of Alameda Street and west of Granada Avenue. Land Use District "B2" currently consists of the La Entrada Apartments on Lot 1 and vacant property on Lot 4. The request is to add retail commercial amenities and services uses to the list of uses (residential dwelling units) currently allowed in the Plan for Land Use District "B2". The Planning Department recommends approval of the change of condition and adoption of the ordinance presented, subject to certain conditions. The Zoning Examiner recommends approval of the change of condition, subject to certain conditions. The City Manager recommends approval of the requested change of condition to La Entrada Redevelopment Plan/Specific Plan and adoption of the ordinance presented, 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, including, but not limited to:

a. All Code required canopy trees will be 36-inch box in size and of a type characteristic of the El Presidio Neighborhood.

b. The color of the structure fabric is to be similar to those of the surrounding buildings. White and other highly reflective colors are not allowed.

c. Vehicular access (other than emergency access) is to be only through the Manning House property. Adequate emergency access shall be provided as may be required by the Fire Department.

2. A pedestrian easement, as recommended by Transportation Planning, shall be dedicated on the north side of the site and incorporated with the adjacent pedestrian facilities.

3. A drainage report shall be submitted for review and approval.

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

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

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

(d) Ordinance No. 9137 relating to zoning: Amending Resolution No. 11761 in Case C9-98-SP2b, La Entrada Redevelopment Plan/Specific Plan located in the vicinity south of Franklin Street, east of Interstate 10, north of Alameda Street and west of Granada Avenue.

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

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

8. ZONING: (SE-98-24) NEXTEL COMMUNICATIONS - 975 SOUTH PRUDENCE ROAD, C-2 ZONE COMMUNICATIONS FACILITY - MONOPOLE, SPECIAL EXCEPTION LAND USE, ZONING EXAMINER'S REPORT

(a) Report from City Manager OCT5-98-547 WII

(b) Report from Zoning Examiner dated September 3, 1998

(c) Request to approve a new undisguised and unconcealed telecommunications tower and antennae facility in the C-2 zone. The subject property is a 475 square-foot lease pad within the boundaries of the National Self-Storage facility at 975 S. Prudence Road. Applicant: Mr. Michael Shoaff, on behalf of Nextel Communications. The preliminary development plan is for a 68 foot-high monopole with three (3) 12 foot-high omni-directional fiberglass whip antennas for a total height of 80 feet. The applicant indicates that at a later date the whip antenna will be replaced with standard panel antenna thus reducing the overall height of the facility to 68 feet. The monopole location is approximately 425 feet east of the centerline of Prudence Road and approximately 1000 feet north of the centerline of 22nd Street. The Planning Department and Zoning Examiner recommend denial of the Special Exception Land Use request. Should the Mayor and Council choose to approve the special exception request, staff recommends including certain conditions. The City Manager recommends denial of the Special Exception Land Use request. Should the Mayor and Council choose to approve the special exception request, it is recommended that the following conditions be included:

1. The monopole shall have a maximum height of 68 feet.

2. The monopole, associated antennae array, and attachments are to be painted light sky blue.

3. The monopole shall be located at the southeastern corner of the parcel as indicated on the preliminary development plan.

4. The owners of the communication facility shall consider requests by other providers to collocate additional antennae arrays on the monopole, and, if reasonable, accept the requests.

5. Should the antennae arrays become obsolete, whether due to height or location of the monopole, technological advances, or other reasons, the monopole is to be removed at the owner's expense.

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

Zero (0) written approvals and two (2) written protests were received.

A simple majority vote of the Mayor and Council will be necessary to approve the Special Exception Land Use request.

9. PUBLIC HEARING: MAJOR STREETS AND ROUTES PLAN AMENDMENT AND UPDATE (CONTINUED FROM THE MEETING OF AUGUST 3, 1998)

(a) Report from City Manager OCT5-98-537 WI & CITY WIDE

(b) Hearing.

(c) OPTION A (reclassifying Mission Road from south of the commercial development at Ajo Way to the southern City limits as a Scenic Route)

Ordinance No. 9105 relating to planning and zoning; updating and amending the Major Streets and Routes (MS&R) Plan map to reclassify a portion of Mission Road from a Gateway Route to a Scenic Route and updating the map and text to identify major streets recently annexed and adopted specific engineering plans.

OPTION B (reclassifying the entire reach of Mission Road as a Scenic Route)

Ordinance No. 9105 relating to planning and zoning; updating and amending the Major Streets and Routes (MS&R) Plan map to reclassify a portion of Mission Road from a Gateway Route to a Scenic Route and updating the map and text to identify major streets recently annexed and adopted specific engineering plans.

The City Manager recommends that the Ordinance (Option A) for the MS&R Plan Update and Amendment to reclassify Mission Road from south of the commercial development at Ajo Way to the southern City limits as a Scenic Route be adopted.

However, should the Mayor and Council adopt the MS&R Plan Update and choose to reclassify the entire reach of Mission Road as a Scenic Route, Ordinance (Option B) is presented for adoption.

10. ZONING: (C9-98-14) SCHOMAC - MISSION ROAD, R-1 TO R-2 (CONTINUED FROM THE MEETING OF AUGUST 3, 1998)

(a) Report from City Manager OCT5-98-532 WI

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

(c) Request to rezone approximately 24.18 acres from R-1 to R-2 zoning. The rezoning site is located on the westside of Mission Road between Starr Pass Boulevard and San Marcos Boulevard. Applicant: Don Laidlaw and Associates, on behalf of the property owners, 22nd/Mission Partnership (The Schomac Group). The preliminary development plan proposes 312 apartment units in two-story buildings on 22.38 acres north of the Zeller Wash and a day care center on 1.8 acres at the northwest corner of Mission Road and San Marcos Boulevard. Twenty-five, single-family lots are also proposed in the adjacent R-1 zone along San Marcos Boulevard and San Antonio Drive to buffer the existing neighborhood to the west and south from the apartments. The Planning Department and Zoning Examiner recommend approval of R-2 zoning, subject to certain conditions. The City Manager recommends approval of R-2 zoning, subject to the following conditions:

1. A development plan/subdivision plat, in substantial compliance with the preliminary development plan and the project description document, is 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. The subdivision plat to include all property bounded by Starr Pass Boulevard, San Marcos Boulevard, Mission Road, and San Antonio Drive.

b. A minimum 40-foot building setback where adjacent to the R-1 portion of the project.

c. A 15 to 30-foot wide landscape buffer, with an average width of 25 feet, including canopy trees at a minimum density of one tree per 33 linear feet or fraction thereof, along all street frontages, the west side of the project where adjacent to R-1 zoning, and adjacent to the Zeller Wash drainage easement.

d. Vehicular access to the daycare center limited to the new public street.

e. Vehicular access to Starr Pass Boulevard limited to one point and right-turn only.

f. The buildings and walls will be principally earth tone colors. Bolder colors may be used only as accents.

g. All slope protection and stabilization techniques to include a minimum of fifty percent vegetative cover, unless deemed infeasible by the City Engineer.

2. Owner/developer shall install, or verify the existence of, curb and sidewalk along the Mission Road, San Marcos, and San Antonio frontages of the rezoning site.

3. Along the Starr Pass Boulevard frontage of the property the owner/developer shall install:

a. An acceleration lane.

b. Vehicular barriers (curb and/or guardrail) as required by DOT.

c. Pedestrian circulation facilities or a monetary contribution for same.

4. The owner/developer shall participate in any future Neighborhood Traffic Management Program if one is formed within two (2) years after completion of the apartment construction; and accept an assessment equal to the cost of five (5) speed humps.

5. The owner/developer shall provide full development of the Sun Tran bus stop located on the northwest corner of San Marcos Boulevard and Mission Road including a new bus shelter, a concrete pad, a trash receptacle, and continuous sidewalk to the curb ramp for overall ADA accessible condition.

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

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

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

9. The final plat shall contain a disclosure statement indicating that the R-2 area north of Zeller Wash will be developed with two-story apartments.

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

11. Five years are allowed to comply with all Code requirements and conditions of rezoning.

Zero (0) written approvals and one (1) written protest have been received. The one protest was located outside of the 150-foot notification area.

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.

11. PUBLIC HEARING: TUCSON CODE - AMENDING (CHAPTER 23) LAND USE CODE, RELATING TO MINOR CORRECTIONS AND CLARIFICATIONS

(a) Report from City Manager OCT5-98-549 CITY WIDE

(b) Hearing

(c) Ordinance No. 9138 relating to planning and zoning; amending the Tucson Code, Chapter 23, Land Use Code, Article I, General Provisions, Division 2, Interpretation; Article II, Zones, Division 2, Rural Residential Zones, "SR" Suburban Ranch Zone, "SH" Suburban Homestead Zone, Division 3, Urban Residential Zones, "RX-1" Residence Zone, "RX-2" Residence Zone, "R-1" Residence Zone, Division 4, Office Zones, "O-2" Office Zone, "O-3" Office Zone, Division 5, Commercial Zones, "C-1" Commercial Zone, "C-3" Commercial Zone, Division 6, Mixed Use Zones, "OCR-1" Office/Commercial/Residential Zone, "OCR-2" Office/Commercial/Residential Zone, Specific Planned (SP) Zone, Division 7, Industrial Zones, "I-2" Heavy Industrial Zone, Division 8, Overlay Zones, Gateway Corridor Zone, Environmental Resource Zone (ERZ); Article III, Development Regulations, Division 1, General Provisions, Division 2, Development Criteria, Division 5, Performance Criteria; Article IV, Subdivisions; Article V, Administration, Division 3, Special Development Applications, Division 4, Procedures; and Article VI, Definitions, and setting an effective date.

12. PUBLIC HEARING: PROPOSED CAMPBELL/RIVER ANNEXATION DISTRICT

(a) Report from City Manager OCT5-98-540 WIII

(b) Hearing

13. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager OCT5-98-550 CITY WIDE

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

15. ADJOURNMENT

The next regularly scheduled meeting of the Mayor and Council will be held on Monday, October 12, 1998, at 7:30 p.m. in the Mayor and Council Chambers of City Hall, Tucson, Arizona.

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