Mayor and Council Agendas for

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Buddy Mizelle, Christ Community Church

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

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. ZONING: (C9-98-22) MATTHEWS - SWAN ROAD, R-2 TO C-1 (CONTINUED FROM THE MEETING OF OCTOBER 26, 1998)

(a) Report from City Manager NOV16-98-635 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, it 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, it 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.

5. 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 19, 1998)

(a) Report from City Manager NOV16-98-641 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.

6. ZONING: (C9-85-95) 22ND STREET/PANTANO PARKWAY ANNEXATION AREA - EASTSIDE RESEARCH AND COMMERCE PARK, LOT 26, I-1, CHANGE OF ANNEXATION CONDITION

(a) Report from City Manager NOV16-98-644 WIV


(b) Request to consider a change of a condition of annexation for a 1.75 acre parcel located at 1677 S. Research Loop. Applicant: Mr. Phillip Swaim of Swaim Associates Architects, on behalf of the property owner Mr. Francis Horkey. The subject parcel is identified as lot 26 of Eastside Research and Commerce Center. The applicant is requesting that Mayor and Council modify the condition of annexation restricting the I-1 (light industrial) zone to P-I (park industrial) uses. Ordinance No. 6503 places a specific condition on uses within the Eastside Research and Commerce Center requiring all uses within the I-1 zoned portions of the center to conform to the Park Industrial (P-I) zone restrictions, except as may be modified by the Mayor and Council. The existing development is an existing 7,935 square foot building previously approved by the Mayor and Council for a painting and roofing company and a contractor's equipment yard. The current request is for an automotive repair facility. The Planning Department recommends approval of the modification of the condition of annexation to allow for automotive repair uses on lot 26 of Eastside Research and Commerce Park. The City Manager recommends Mayor and Council adopt the ordinance presented modifying the condition of annexation to allow automotive repair uses on lot 26 of the Eastside Research and Commerce Center, subject to all other applicable conditions of Ordinance No. 6503 and all applicable City Code requirements.


(c) Ordinance No. 9162 relating to zoning: Amending Ordinance No. 7010 to allow an automotive body and repair facility on lot 26 of Eastside Commerce Center.

The applicant indicated that they have contacted the surrounding property owners and received no objections for the request. No other protests or approvals have been received.


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

7. ZONING: (C9-83-09) R. A. HOMES - HOUGHTON ROAD, C-1 ZONE, CHANGE OF CONCEPT PLAN (CONTINUED FROM THE MEETING OF NOVEMBER 2, 1998)

(a) Report from City Manager NOV16-98-645 WII


(b) Request to consider a change of concept plan on property located on the northwest corner of Broadway Boulevard and Houghton Road. Applicant: Mr. Karl Huy of Travis Engineering on behalf of Shurgard Storage Centers. The original approved concept plan was for a commercial shopping center on 9.6 acres. The revised concept plan is for a mini-storage facility on the north 3.95 acres and a smaller commercial shopping center on the south 5.65 acres. A public hearing is required because it has been more than five years since the last public hearing was held on this item. The Planning Department recommends approval of the change of concept plan and adoption of the ordinance presented, subject to certain conditions. The City Manager recommends the Mayor and Council approve the requested change of concept plan and adopt the ordinance presented, subject to the following revised conditions.

1. MODIFY An approved development plan submitted in accordance with Section 23-409 of the Tucson Code 5.3.8 of the LUC, in substantial compliance with the preliminary development plans dated August 5, 1998, and August 27, 1998, including but not limited to:


a. An approved landscape plan, including but not limited to: a twenty-five (25) foot landscape buffer provided on the north and west property lines of the C-1 site, 100 year floodplain of major washes to be left in a natural state, and pedestrian/bikeways provided between the developments and major street frontages.


b. MODIFY A drainage report shall be submitted for review and approval, including details of retention/detention


c. DELETE A concept grading plan.

d. DELETE A subdivision plat recorded for the entire tract.


e. DELETE A 75 foot half right-of-way dedicated for Broadway, together with a 25 foot radius spandrel at Broadway and Houghton.


f. DELETE Street improvements installed at the owner/developer's expense on Broadway and Houghton per City of Tucson Engineer's memo dated March 22, 1983.


g. DELETE A 100 foot half right-of-way dedicated for Houghton Road per Major Streets and Routes Plan amended, i. e. an additional 25 feet.


h. Detention/retention, and a separate on-set aside area may be required as determined by the drainage report.


i. Dedication of drainage rights-of-ways as required by City Engineering.


ADD j. Buildings in the mini-storage area shall be limited to 14 feet in height.


k. ADD All buildings and signage (other than corporate logos) shall be painted in colors found in the surrounding natural desert. Building roofs shall be made of non-reflective materials. Signage shall be compatible with the landscape plan and reflect the architectural style of the proposed development.


l. ADD All dumpsters and loading spaces shall be at least 50 feet from the adjacent residential zones and uses.


m. ADD No drive-throughs on the west side of the pads within 100 feet of the west boundary.


n. ADD Trees required along the west property line shall be at least 24-inch box in size.


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


3. DELETE Three years to comply with all Code requirements and conditions of rezoning.


4. ADD The owner/developer shall install additional pavement on Houghton Road to accommodate a northbound left turn lane into the site, a southbound right turn lane into the site, a southbound bike lane, and curb and sidewalk along the frontage of the site.


5. ADD The owner/developer shall install additional pavement on Broadway Boulevard to accommodate an a eastbound left turn lane into the site, a continuous westbound right turn lane, a westbound bike lane, and install curb and sidewalk along the frontage of the site.


6. ADD The owner/developer shall install the necessary modifications to the traffic signals to accommodate the required modifications to Houghton Road and Broadway Boulevard.


7. ADD Design of the commercial center shall provide for a Sun Tran bus turn around in order to extend service on Broadway Boulevard.


8. ADD 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. ADD Pedestrian access shall be restricted from Eastpointe Estates to the C-1 parcel at the drainageways.


10. ADD Lighting shall be mounted as close to the ground as possible and be shielded and pointed down and away from the adjacent residential properties.


11. ADD Placement of trees shall provide shade to pedestrians to the fullest extent possible.


12. ADD Incorporate "Safe by Design" concepts in the development plan as recommended by the Tucson Police Department.


(c) Ordinance No. 9147 relating to zoning: Amending certain conditions for property zoned C-1 in the vicinity of the northwest corner of Houghton Road and Broadway Boulevard in case no. C9-83-09.


One written approval and 65 written protests have been received for the last time this case was before the Mayor and Council on June 27, 1998. No additional approvals or protests have been received. While 15 protests were within 150 feet of the original case, none were within 150 feet of the mini-storage site and only one within 150 feet of the rest of the C-1 site.


A simple majority vote of the Mayor and Council will be necessary to approve the proposed changes and adopt the ordinance presented.

8. ZONING: (C9-94-23) FHP, INC. - SWAN ROAD, O-3, CHANGE OF CONDITION

(a) Report from City Manager NOV16-98-631 WII


(b) Request for a change of a rezoning condition relating to the location and screening of the mechanical equipment. The property is located on the northeast corner of Swan Road and Glenn Street. Applicant: Mr. Evan Eglin of Eglin/Cohen and Dennehy Architects on behalf of the property owners, Miramonte Homes, LLC. The preliminary development plan is for four (4), one-story office buildings with a total floor area of 36,000 square feet. The Planning Department recommends approval of the requested change of condition subject to certain revised conditions of rezoning. The City Manager recommends the Mayor and Council approve the requested change of condition 1.u. and adopt the ordinance presented, subject to the following revised conditions of rezoning and submittal of a development plan in compliance with all conditions and current Code requirements.


1. A development plan in substantial compliance with the revised preliminary development plan dated November 21, 1997, the revised Design Compatibility Report dated December 16, 1997, and the Memorandum of Understanding dated January 12, 1998, is to be submitted and approved in accordance with Section 5.3.8. of the Tucson Land Use Code including, but not limited to the following.


a. The building design shall include rounded edges (minimum 1-inch radius) on corners and parapets (if a brick cap is not used).


b. The highest point of building shall not exceed 20 feet above the average finished grade.


c. The interior building walls shall vary in height from 16 to 18 to 20 feet.

d. All buildings shall be limited to single-story construction.


e. The wall along the east property line shall be 7 feet tall, stuccoed (rough sand finish) on both sides, rounded on corners (minimum 1-inch radius), stepped up and down (contingent on City approval) and offset as required to preserve significant vegetation. This wall shall be constructed prior to any other construction on-site.


f. The wall along east property line shall be extended to the west along the north and south property lines approximately 20 to 30 feet. Edges to be rounded (minimum 1-inch radius) and stepped down, stucco (rough sand finish) both sides and constructed of, or painted with, graffiti resistant materials.


g. The perimeter wall at southeast corner of property will use an articulated stepping design to permit a safe egress/ingress for the driveway serving the adjacent residence.


h. All vehicular egress and ingress shall be from Swan Road only.


i. All exterior walls of building and walls around wash area shall be stuccoed with rough sand finish.


j. No mirrored glass shall be used.


k. All landscaping shall be with vegetation per the Old Fort Lowell Neighborhood Plan, including one (1) canopy tree per ten (10) parking spaces evenly distributed within the parking area.


l. Where feasible, drainage/runoff shall be channeled to landscape vegetation.


m. All parking lot lighting closest to the east property line shall be no higher than 10 feet within 20 feet of the east property line and 14 feet or less in all other locations, low-pressure sodium type, and directed down and away from residences adjacent to the east of the rezoning site.


n. All lighting on the building shall be directed down and away from the residences adjacent to the east of the rezoning site.


o. The drainage shall be designed, under or through perimeter wall, to ensure that water does not back up onto the residential property abutting the southeast corner of the rezoning site.

p. The parking area on the east boundary shall be limited to the two 10-space areas as shown on the preliminary development plan. The six (6) center spaces of each 10-space area may be covered. All covered parking on-site shall be screened from Swan Road with landscaping.


q. All required or provided landscaped screens along street frontages shall be planted on 30 inch berms.


r. The building exterior color, texture, and design shall be consistent with guidelines outlined in the Design Review Guidelines of the Fort Lowell Historic District of the City of Tucson, December 3, 1992. The architectural design shall be consistent with a "Sonoran Ranch" style.


s. All buildings shall have a minimum 25 foot building setback from the east property line and a minimum 25 foot setback from the future right-of-way lines on Swan Road and Glenn Street and the property line on San Francisco Drive.


t. The maximum gross floor area shall be 36,000 square feet.


u. All mechanical equipment shall be screened from view with walls and/or landscaping. Any roof-mounted communications equipment will be screened by a parapet wall. No mechanical equipment or tenant patios are permitted at the east end of Building "D" within 25 feet of the east property line All mechanical equipment screening plans shall be reviewed by the Old Ft. Lowell Neighborhood Association prior to submittal to the City.


2. The site plan elevation dated November 21, 1997, by Eglin/Cohen and Dennehy Job No. 1467-97 shall be the basis for zoning conditions 1.a. through 1. u. above.


3. The applicant/developer shall dedicate additional right-of-way for both Swan Road and Glenn Street per the Major Streets and Routes Plan.


4. DELETED


5. A Drainage Report shall be provided which includes detention calculations.


6. The use shall be restricted to professional office building, no retail to be permitted.

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. Incorporate "Safe by Design" concepts in the development plan, as recommended by the Tucson Police Department.


9. Outdoor trash receptacle shall be located adjacent to Building "B" as shown on the preliminary development plan.


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


(c) Ordinance No. 9163 relating to zoning: Amending Ordinance No. 9007 for property zoned O-3 in the vicinity of the northeast corner of Swan Road and Glenn Street in case C9-94-23 FHP, Inc. - Swan Road (Ward 2).


Twelve (12) written approvals and one (1) written protest were received for the original public hearing on November 10, 1994. No additional approvals or protests were received for the public meeting on January 12, 1998. The Old Fort Lowell Neighborhood Association supports the requested change of condition of rezoning.


A simple majority vote will be necessary to approve the change of condition of rezoning and adopt the new ordinance. Since an ordinance for this case was originally adopted by Mayor and Council, a new ordinance is being presented for adoption with the recommended change, should the Mayor and Council choose to approve the request.

9. TUCSON CODE: AMENDING (CHAPTER 20) MOTOR VEHICLES AND TRAFFIC, PROHIBITING THE USE OF MEDIANS AND PUBLIC AREAS ADJACENT TO INTERSECTIONS FOR SOLICITING EMPLOYMENT, BUSINESS OR CONTRIBUTIONS FROM OCCUPANTS OF VEHICLES

(a) Report from City Manager NOV16-98-632 CITY-WIDE


(b) Ordinance No. 9164 relating to motor vehicles and traffic; repealing Tucson Code Chapter 20 Article X and adding a new Article X, Prohibiting the Solicitation of Employment, Business or Contributions from Occupants of Vehicles.

10. PUBLIC HEARING: BINGO LICENSE - NOBLESSE OBLIGE MOBILE HOME PARK, 3426 NORTH ROMERO ROAD, CITY NO. 182

(a) Report from City Manager NOV16-98-636 WI


NOBLESSE OBLIGE MOBILE HOME PARK, 3426 N. Romero Road, Applicant: Vera Truett, City No. 182


(b) Hearing

11. PUBLIC HEARING: PROPOSED HACIENDA DEL RIO I AND II ANNEXATION DISTRICTS

(a) Report from City Manager NOV16-98-640 WIII


(b) Hearing

12. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager NOV16-98-642 CITY WIDE

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

14. ADJOURNMENT

The next regularly scheduled meeting of the Mayor and Council will be held on Monday, November 23, 1998, at 7:30 p.m., in the Mayor and Council Chambers of City Hall, 255 West Alameda, Tucson, Arizona.

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