Mayor and Council Agendas for

ADDENDUM #1
REGULAR AGENDA ITEM NO. 7 HAS BEEN AMENDED AND ITEM NO. 11 HAS BEEN ADDED:

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Yvaugn Boling, Park Avenue Christian Church

PLEDGE OF ALLEGIANCE - led by Webelos Pac #122

3. CONSENT AGENDA - ITEMS A THROUGH I

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 10) RELATING TO RESIDENCY REQUIREMENTS FOR FUTURE CITY EMPLOYEES

(a) Report from City Manager OCT12-98-559 CITY-WIDE

(b) Ordinance No. 9141 relating to City employment; amending Chapter 10 of the Tucson Code by adding a new Section 10-5 establishing a residency requirement for all appointive officers and employees of the City initially appointed after January 1, 1999, and for all civil service employees hired or rehired after January 1, 1999; creating exemptions for Native Americans living on a reservation, for non-permanent City employees, and for appointive officers, appointed employees, and permanent civil service employees regularly assigned to report to work locations outside City limits; authorizing City Manager to grant temporary waivers and to establish enforcement procedures; establishing consequences for violation.

5. ZONING: (C9-98-18) MESCH, CLARK & ROTHSCHILD - FRANKLIN STREET, O-3 TO P, ZONING EXAMINER'S REPORT AND ORDINANCE ADOPTION

(a) Report from City Manager OCT12-98-557 WI

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

(c) Request to rezone approximately 0.60 acres from O-3 to P zoning. The rezoning site is located on the northwest corner of Franklin Street and Court Avenue. Applicant: Mr. John Alexander of MMLA, on behalf of the property owners, Mesch, Clark and Rothschild PC. The preliminary development plan is for an interim parking lot for additional parking for the law firm that owns the property. The Planning Department recommends approval of P zoning and adoption of the ordinance presented, subject to certain conditions. The Zoning Examiner recommends approval of P zoning, subject to certain conditions. The City Manager recommends approval of P zoning 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. A ten (10) foot wide landscaped border along the north, south, east and west boundaries, and the retention of the existing trees and the rock foundation wall along the west and south boundaries.

b. Vegetation and screening to be chosen from types used in the El Presidio Historic District.

c. Vehicular access to the site only from Court Avenue.

2. The owner/developer shall dedicate a 25-foot radius spandrel at the southwest corner of the site.

3. All unused curb cuts shall be closed, and damaged sections of sidewalk along Franklin Street and Court Avenue shall be repaired or replaced.

4. An ADA accessible connection from the public right-of-way to the interior of the site shall be installed.

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

6. 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.

7. An archaeologist shall be on-site during any land modification activities such as grading.

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

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

10. One (1) year is allowed in which to comply with all Code requirements and conditions of rezoning.

11. The P zoning shall revert back to the original O-3 zoning at the end of ten (10) years from the date of authorization, or upon approval of a site plan in compliance with O-3 zoning regulations, whichever occurs first.

(d) Ordinance No. 9140 relating to zoning: Amending zoning district boundaries in the vicinity of the northwest corner of Franklin Street and Court Avenue in case C9-98-18 Mesch, Clark and Rothschild - Franklin street, O-3 to P.

Three (3) written approvals and four (4) written protests have been received. Two (2) protests are located within the 150-foot notification area. The two protests result in a 3.2 percent protest by area to the south, a 47.0 percent protest by area to the west and a zero (0) percent protest to the north and east.

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

6. ZONING: (C9-96-16) WEBB/SOTTNEK - PANTANO ROAD, SR TO RX-2, ORDINANCE ADOPTION

(a) Report from City Manager OCT12-98-554 WII

(b) Request to rezone 9.15 acres on the west side of Pantano Road, approximately 1/4 mile north of Tanque Verde Road, from SR to RX-2. Applicant: Michael Owen of American Pacific Engineering, on behalf of the property owners Amazon Trading Company, Inc. The tentative plat is for a 20 lot single-family residential development. The Planning Department recommends adoption of the ordinance presented. The City Manager recommends adoption of the ordinance presented.

(c) Ordinance No. 9142 relating to zoning: Amending zoning district boundaries in the vicinity of the west side of Pantano Road, approximately 1/4 mile north of Tanque Verde Road in case C9-96-16 Webb/Sottnek - Pantano Road, SR to RX-2.

Sixteen (16) written approvals and twenty-two (22) written protests were received for this case. Seven (7) of the protests were located within the 150-foot notification area. These protests represent a 12.0 percent protest by area to the north, a zero percent protest by area to the east, a 0.6 percent protest by area to the west and a 13.0 percent protest to the south.

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

The final plat and assurance agreement for (S98-001) River Forest, Lots 1 through 20 and Common Areas "A", "B" and "C" scheduled on the consent agenda as items 3-A and 3-E are contingent upon the approval of rezoning case C9-96-16.

7. ZONING: (C9-97-SP6A) CIVANO SPECIFIC PLAN, SP-6 DISTRICT, ZONING EXAMINER'S REPORT - CHANGE OF CONDITIONS

(a) Report from City Manager OCT12-98-565 WIV

(b) Report from Zoning Examiner dated September 18, 1998

(c) This is a request for change of conditions to the SP-6 District, Civano Specific Plan, Phase I. The subject property is located on the east side of Houghton Road between Irvington Road and Drexel Road. Applicant: Wayne Moody, on behalf of the Community of Civano, L.L.C. The Plan proposes a mixed-use development which includes open space, single and multi-family residential and commercial uses. The applicant is requesting changes to Section 3.3.3 - Perimeter Yard and Perimeter Wall; Section 3.6 - Landscaping and Screening; and the addition of Section 3.3.3.1 - Villas Lot Layout. The Planning Department recommends approval of the change of conditions to the Civano Specific Plan, Phase I, and adoption of the ordinance presented in order to amend the Plan. The Zoning Examiner recommends approval of the change of conditions to the Civano Specific Plan, Phase I. The City Manager recommends approval of the requested change of conditions to the Civano Specific Plan, Phase I and adoption of the ordinance presented in order to amend the Plan as follows:

3.3.3 Neighborhood Edge District

Purpose: to provide an area for attached and detached dwellings at densities up to 15 units per gross acre; to provide places for neighborhood recreation; and to provide areas for community gardening and food production.

Permitted Uses:

The following Land Use Classes are permitted land uses within this district in accordance with the City of Tucson Land Use Code with exceptions noted:

Agricultural Use Group


Crop Production

Civic Use Group


Membership Organization (limited to a total of 1,200 s.f. for the entire district)

Religious Use


Educational Use as per 6.3.4.6.A

Recreation Use Group


Neighborhood Recreation

Residential Use Group


Family Dwelling, minimum lot size, 3,600 square feet, except as noted on Exhibit 9. Two or more dwellings are permitted on one lot subject to 2,900 square feet of lot area per unit. The lot area is measured to the centerline of abutting public rights-of-way.

Group Dwelling

Home Occupation: General Application, as a secondary use, according to Sec. 3.5.7.2, and allowing up to two (2) nonresidents to be employed on the premises

Home Occupation: Day Care, as a secondary use, according to Sec. 3.5.7.3

Home Occupation: Group Dwelling, as a secondary use, according to Sec. 3.5.7.9.A, .C, and .D

Home Occupation: Travelers' Accommodations, Lodging, as a secondary use, subject to Sec. 3.5.7.4.A and .F through .L

Residential Care Services: Section 3.5.7.8."G", subject to Sec. 3.5.7.8.C.1 and .D

Retail Use Group


Food and Beverage Sales when accessory to Neighborhood Recreation use

Maximum Max. Residential Density: 15 du per acre. As per the Development Agreement, low rise apartments shall not exceed 22 units per acre. Should there be a conflict between the stated density in this district and Exhibit 12, the density in this district shall apply.

Building Height: 30 foot maximum max. (20 foot max. if within the "Community Orchard area"), excluding cool towers, wind catchers, chimneys, and other vertical extensions with similar purposes under 250 square feet in section and 40 feet in height

Perimeter Yard Requirements:


Front (Pedestrian Way): At least 50% of the building frontage must be set back a minimum Average of 12 feet (e.g., can be 0' if 1/2 of building frontage is set back 24'). 12 foot min minimum setback for second floor setback.

Rear (Street): 15' min. Minimum setback to main structure may be "0" feet but at least 50% of the building along this rear property line must be set back a minimum of 12 feet. and Minimum setback of 18 feet min. to garage door except "0" feet if garage door is perpendicular to the street or unit is on the last lot at the end of the street. 15' 12 foot minimum min to second floor.

Side: Total of both side yards = 20% of average lot width. If a side yard(s) is not "0" feet, it requires a minimum min. 4 feet average. Minimum 12' between houses if not attached.

Side yards fronting on a street can be "0" feet but at least 50% of building wall must be set back a minimum of be 6 feet minimum. In any side yard, "0" foot setback for trellis patio covers that are at least 7 feet above the ground. Structural support (walls, columns) for trellis patio covers may also have a "0" foot setback. Trellises under 7 feet above the ground will be set back at least 6 feet.

See Exhibit 9 for "Villas" lot yard requirements.

Building Coverage: Maximum lot coverage as per L.U.C. Section 3.2.9 shall not exceed 60%, except as noted on Exhibit 9 for "Compound" lots.

Perimeter Walls: Not required but if constructed, max. maximum 42 inch height for solid walls when facing pedestrian way. Any part of a wall within 6 feet of the property line facing pedestrian ways, above 42 inches must be 50% open for visibility. Total wall height not to exceed 6 feet in any yard unless wall is required as a fire-wall. Walls may will not exceed 30 inches in height within traffic sight visibility requirements on streets that do not exceed 140 ADT.

CORRECTED This Specific Plan supersedes the landscape and screening requirements in the Land Use Code for the Neighborhood Edge District. (This is a change from the existing specific plan.)

3.3.3.1 Villas Lot Layout

Front Yard: Minimum setback varies (same as provisions for Rear Yard Auto Access Street) in Neighborhood Edge District.

Perimeter Walls: Maximum height 42 inches for solid walls within 6 feet of pedestrian way property line. Any part of a wall above 42 inches must be 50% open for visibility. Total wall height not to exceed 6 feet in any yard unless wall is required as a fire-wall.

Interior Yard and Access Provision:


"0" foot setbacks on Private Parking/Access Court.

Private Parking/Access Court does not require separate sidewalks but shall be designed as A.D.A. accessible.

Pedestrian refuge areas to be provided at each house pedestrian entry.

28 foot minimum cross-section, including landscaping, for Court access per Exhibit 9b.

Walls in Front 12 foot Setback Area: Maximum height is 42 inches for solid walls within 6 feet of a pedestrianway property line. Any part of a wall above 42 inches must be 50% open for visibility. Total wall height may not exceed 6 feet unless wall is required as a fire-wall.

Minimum Setback to Garage Door from Public Street Property Line: 18 feet. May be "0" feet if garage door is perpendicular to the street.

Private Parking/Access Court Provisions:


A continuous access court with a smooth stabilized earth with no separate curbs and sidewalks, as supported by the advocates for persons with disabilities.

20 foot minimum two-way travel lanes required.

Maximum number of garage access points is 17.

Parking may be contiguous with travel lanes, perpendicular, angular, or parallel.

Private garages may open directly onto court and access way.

Rear Yards: Perimeter walls and trellis roofs may extend into rear yard.

3.6 Landscaping and Screening Requirements

The Landscaping and Screening requirements for Civano will follow the requirements of the City's Land Use Code with the following exceptions:

a. Interior landscape borders are not required between adjacent land uses and zones.

b. Parking area screening is not required, but the requirement for landscaping of canopy trees within parking areas will be increased above the Code's requirements such that one (1) canopy tree is required for each eight (8) parking spaces.

c. The Native Plant and Preservation Ordinance requirements will be met or exceeded in the overall Civano project. Civano will utilize the 30% Set Aside provision of the ordinance through preserving areas of the overall development as natural undisturbed open space. These areas are generally located outside the Phase 1 Specific Plan boundaries along the washes, steep slopes, and high vegetative density areas as identified in the Civano Site Analysis (Appendix). The Preservation Ordinance requirements will be supplemented through an extensive plant salvage and propagation program. This program will be implemented and managed on-site at the Civano Nursery. See Section 2.7.2, General Landscape Program for additional details.

d. Street Landscape Borders are not required.

(d) Ordinance No. 9143 relating to zoning: Amending Ordinance No. 8970 in case C9-97-SP6A, Civano Phase I Specific Plan, located in the area northeast of Houghton Road and Drexel Road.

One (1) written approval 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 Mayor and Council choose to do so.

8. PUBLIC HEARING: PROPOSED ALVERNON-BROADWAY AREA PLAN AMENDMENT (THE LODGE ON THE DESERT HOTEL PARCEL) (CONTINUED FROM THE MEETING OF JULY 6, 1998)

(a) Report from City Manager OCT12-98-558 WVI

(b) Hearing on a proposed amendment to the Alvernon-Broadway Area Plan. The amendment proposes changing the Conceptual Land Use Map in the Plan to permit commercial use on the Lodge on the Desert Hotel parcel. (Approval of the amendment will allow the applicant to file a subsequent rezoning application to bring the facility into Land Use Code (LUC) compliance and permit future expansion of the hotel use. Expansion will include adding guest rooms, relocating the swimming pool, and providing additional required parking.)

(c) Resolution No. 18078 relating to planning and zoning; amending the Alvernon-Broadway Area Plan.

9. PUBLIC HEARING: TUCSON CODE - AMENDING (CHAPTER 4) ANIMALS AND FOWL RELATING TO A 'DOG LITTER ORDINANCE'

(a) Report from City Manager OCT12-98-567 CITY-WIDE

(b) Hearing

(c) Ordinance No. 9144 relating to animals and fowl; amending the Tucson Code by increasing the license fees for unaltered dogs; eliminating reduced license fees for breeders; requiring litter permit fees; requiring that advertisements for sale of puppies, six months of age or younger, include the litter permit number; mandatory penalties unless litter is relinquished to City enforcement agent and female parent is spayed; requiring that the transfer of any dog be reported to the City's enforcement agent; requiring unaltered dogs impounded more than once within a year be neutered or spayed at owner's expense before being released; providing for hearing; by amending Chapter 4 Article 5 Tucson Code Sections 4-82; deleting Subsection 4-82.4; adding new Section 4-84, 4-84.1 and 4-84.2; amending Section 4-91; and adding Subsection 4-99(6).

10. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager OCT12-98-560 CITY-WIDE

11. ZONING: (SE-98-24) NEXTEL COMMUNICATIONS - 975 SOUTH PRUDENCE ROAD, C-2 ZONE COMMUNICATIONS FACILITY - MONOPOLE, SPECIAL EXCEPTION LAND USE, ZONING EXAMINER'S REPORT (CONTINUED FROM THE MEETING OF OCTOBER 5, 1998)

(a) Report from City Manager OCT12-98-568(2) 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.

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

*13. ADJOURNMENT

The next meeting of the Mayor and Council will be a Special Joint Meeting with the Phoenix City Council to be held on Monday, October 19, 1998, at 10:00 a.m. in the Grand Ball Room of the Tucson Convention Center, 260 S. Church Avenue, Tucson, Arizona. The regularly scheduled meeting of the Mayor and Council will commence at 2:00 p.m.

* Renumbered due to the added item.

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