Mayor and Council Agendas for

ADDENDUM #1
CONSENT AGENDA ITEM NOS. 3-K(25), 3-L, 3-M AND 3-N, AND REGULAR AGENDA ITEM NO. 14 HAVE BEEN ADDED:

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor David Larson, Craycroft Baptist Church

PLEDGE OF ALLEGIANCE - led by Camp Fire Boys and Girls Club #32

PRESENTATIONS:

(a) Presentation - of Certificate of Appreciation to James E. Ayres in recognition of his service as a member of the Tucson-Pima County Historical Commission

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. TRANSPORTATION: SUBMISSION OF TRANSPORTATION ENHANCEMENT PROPOSALS TO THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR FUNDING UNDER THE TRANSPORTATION EQUITY ACT

(a) Report from City Manager DEC14-98-697 CITY-WIDE

(b) Resolution No. 18193 relating to transportation; authorizing and approving the submission of seven transportation enhancement proposals to the Arizona Department of Transportation for funding under the Transportation Equity Act for the Twenty-First Century (TEA-21) Transportation Enhancement Program.

5. ZONING: (C9-98-27) LONG - FAIRVIEW AVENUE, MH-1 TO C-1, ZONING EXAMINER'S REPORT

(a) Report from City Manager DEC14-98-688 WIII

(b) Report from Zoning Examiner dated November 13, 1998

(c) Request to rezone approximately 0.29 acres of a 0.74 acre parcel from MH-1 to C-1 zoning. The applicant is Mr. Carl Winters of Planning Resources, on behalf of the property owner, Mr. Clinton Long. The rezoning site is located on the east side of Fairview Avenue approximately 150 feet north of Prince Road. The southern 0.45 acre portion of the parcel is currently zoned C-1 and has frontage on both Prince Road and Fairview Avenue. The preliminary development plan is to develop a 9,000 square-foot one-story multi-tenant commercial building on the entire parcel. The Planning Department and Zoning Examiner recommend approval of C-1 zoning, subject to certain conditions. The City Manager recommends approval of C-1 zoning, subject to the following conditions.

1. A development plan, in substantial compliance with the preliminary development plan and the Design Capability Report, is to be submitted and approved in accordance with the requirements of the Tucson Land Use Code including, but not limited to:

a. A six (6) foot masonry wall to be provided adjacent to the north and east property lines.

b. Canopy trees to be provided along the north and east property lines at a ratio of one tree per 33 linear feet.

c. Loading spaces, dumpsters, mechanical equipment (other than passive solar) and other noise or odor producing uses shall be located at least fifty (50) feet from the north and east property lines, unless a lesser distance is approved in writing by the adjacent property owner(s).

d. Any roof mounted mechanical equipment must be screened from adjacent residential development.

2. The owner/developer shall dedicate right-of-way as necessary to comply with the requirements of the Major Street and Routes Plan.

3. The owner/developer shall construct all required public sidewalks and close all unused curb cuts.

4. The owner/developer shall develop a Sun Tran bus stop, including bus shelter, on the northeast corner of Prince Road and Fairview Avenue, if required by the Department of Transportation.

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

6. All lighting shall be shielded and directed away from adjacent residences and mounted as close to the ground as possible.

7. Signage shall be integrated into the project utilizing colors and materials similar to those used in the building design.

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 adjacent to a public right-of-way that is 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 archeological survey shall be performed, if required by the Arizona State Museum.

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, including modification of the traffic signal or street lighting, necessitated by the proposed development shall be at no expense to the public.

12. Issuance of a building permit for construction of the proposed development based on an approved development plan in compliance with all Code requirements and conditions of rezoning by December 14, 2003.

Four (4) written approvals and one (1) written protest have been received. The one protest is located outside of the 150 foot notification area.

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

6. ZONING: (C9-98-29) TALMADGE - COUNTRY CLUB ROAD, R-2 AND C-2 TO MH-2, ZONING EXAMINER'S REPORT

(a) Report from City Manager DEC14-98-700 WV

(b) Report from Zoning Examiner dated December 4, 1998

(c) Request to rezone approximately 18.39 acres from R-2 and C-2 to MH-2 zoning. The applicant is Mr. Gus W. Chonis, Architect, on behalf of the property owner, Stephen P. Talmadge. The rezoning site is located on the north side of Benson Highway between Treat Avenue and Country Club Road. The preliminary development plan is for the development of a 108-lot mobile home subdivision. The Planning Department and Zoning Examiner recommend approval of MH-2 zoning, subject to certain 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 and the Design Compatibility Report, is to be submitted for review and approval in accordance with the requirements of the Tucson Land Use Code including, but not limited to:

a. A six-foot high masonry screen wall and a twenty (20) foot wide landscape buffer with canopy trees (with the trees spaced to form a continuous canopy screen) shall be located on the south, west and east boundaries of the site.

b. Pedestrian access shall be provided to Country Club Road, Benson Highway and Treat Avenue.

2. Any existing off-site signs or billboards shall be removed prior to the recordation of the final plat.

3. The owner/developer shall dedicate right-of-way per the Major Streets and Routes Plan along Country Club Road and Benson Highway.

4. The owner/developer shall install a southbound right turn lane and a northbound left turn lane on Country Club Road. If bike lanes exist at the time of development, they shall be retained and the left turn lane be provided on added pavement.

5. A one-foot vehicular no access easement shall be dedicated along the Treat Avenue frontage.

6. If the entire Rex Stravenue right-of-way west of Country Club Road is not vacated, a proper cul-de-sac or turn-round shall be dedicated at the west end of the street.

7. A drainage report shall be submitted for review and approval, including retention/detention calculations and requirements.

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

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. Recordation of a final plat for construction of the proposed development in compliance with all Code requirements and conditions of rezoning by December 14, 2003.

Three (3) writtten approvals and zero (0) written protests have been received.

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

7. PLANNING: PROPOSED COMPREHENSIVE PLAN AMENDMENT (CONTINUED FROM THE MEETING OF NOVEMBER 23, 1998)

(a) Report from City Manager DEC14-98-703 CITY-WIDE

(b) Resolution No. 18181 relating to planning; amending the Comprehensive Plan - Physical Development Guide for Tucson and Eastern Pima County; amending Section 9, Land Use Character and Appearance, reformatting and renumbering the Plan; adding illustrations to the Plan and setting an effective date.

8. PUBLIC HEARING: ZONING (C9-93-16) WILKINS - MAGUIRE AVENUE, SR TO R-1, REQUEST FOR A REACTIVATION OF A CLOSED CASE, APPROVAL OF A ONE-YEAR TIME EXTENSION AND ORDINANCE

(a) Report from City Manager DEC14-98-691 WII

(b) Hearing to consider a request to reactivate a closed rezoning case, approve a one-year time extension and adopt an ordinance for the completion of the rezoning conditions for the development of a three (3) lot subdivision on 3.88 acres located on the southeast corner of Maguire Avenue and Seneca Street. Applicant: Mr. Thomas Haack of Opus II on behalf of the property owner, Dr. Harold Wilkins. The rezoning case officially expired on November 1, 1998. The Planning Department recommends reactivation of the closed case, approval of the time extension request and adoption of the ordinance presented, subject to the existing rezoning conditions, compliance with current Code requirements and recordation of a subdivision plat. The City Manager recommends the Mayor and Council reactivate the rezoning case, approve the extension of time to complete the rezoning conditions from November 1, 1998, to November 1, 1999, and adopt the ordinance presented, subject to the following revised rezoning conditions

1. An approved development plan subdivision plat, in substantial compliance with the preliminary development plan and the Design Compatibility Report, is to be submitted for review and approval in accordance with Section 23-409 4.1.1 of the Tucson Land Use Code including but not limited to:

a. Number of units limited to three.

b. Building materials to be earthtone.

c. Compliance with the mitigation measures for salvage of vegetation proposed by the applicant in the submitted Design Compatibility Report.

d. Dedication of a 25-foot radius spandrel at the corner of Seneca Street and Maguire Avenue.

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

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

4. Recordation of a subdivision plat for the entire property in compliance with all code requirements and conditions of rezoning by November 1, 1999.

5. Five years to comply with all code requirements and conditions of rezoning

(c) Ordinance No. 9173 relating to zoning: Amending zoning district boundaries in the vicinity of the southeast corner of Maguire Avenue and Seneca Street in case C9-93-16 Wilkins - Maguire Avenue, SR to R-1.

Four (4) written approvals and zero (0) written protests were received for the original public hearing on September 30, 1993. No other protests or approvals have been received to date.

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

9. PUBLIC HEARING: MAJOR STREETS AND ROUTES PLAN AMENDMENT AND UPDATE (CONTINUED FROM THE MEETING OF OCTOBER 5, 1998)

(a) Report from City Manager DEC14-98-694 CITY-WIDE

(b) Hearing.

(c) Ordinance No. 9176 relating to planning and zoning; updating and amending the Major Streets and Routes (MS&R) Plan map and text to identify major streets recently annexed and adopted specific engineering plans.

The City Manager recommends adoption of the ordinance presented. The consideration of the Scenic Route designation for portions of Mission Road will be scheduled for a future Mayor and Council meeting.

10. PUBLIC HEARING: ZONING (C9-75-04) DECONCINI - EAST SPEEDWAY, C-1 ZONE, REQUEST FOR CHANGE OF CONCEPT AND CONDITIONS OF REZONING AND ORDINANCE

(a) Report from City Manager DEC14-98-701 WII

(b) Hearing to consider a request for a change of concept and conditions of rezoning on property located on the northeast corner of Speedway and Harrison Road. Applicant: Mr. Pat Thorpe on behalf of Venture View Development and Investment Corporation. The Planning Department recommends approval of the change of concept and conditions of rezoning, and adoption of the ordinance presented, subject to certain conditions. The City Manager recommends the Mayor and Council approve the requested change of concept and conditions of rezoning, and adopt the ordinance presented, subject to the following conditions.

1. An approved development plan in accordance with Section 23-408 of the Tucson Code, including but not limited to provisions for the following:

a. Sidewalks along all street frontages.

b. Landscaping for parking areas, as well as screening for adjoining residential uses.

c. Drainage provisions as approved by the City Engineer.

2. Dedication of 100' half right-of-way for Speedway Boulevard.

3. Dedication of 50' half right-of-way for Harrison Road.

4. Two-year conditional ordinance.

5. The applicant post a $15,000 bond to pay one quarter of the cost of signalizing the intersection of Speedway and Harrison should such action be determined necessary by the Director of Transportation within 5 years of the completion of the project.

6. Recordation of an acceptable subdivision plat.

1. A subdivision plat/development plan, in substantial compliance with the preliminary development plan and Statement of Design Intent, is to be submitted for review and approval in accordance with the requirements of the Tucson Land Use Code, including but not limited to:

a. The subdivision plat/development plan shall include the entire original rezoning site.

b. The landscape plan shall include all of the original rezoning site and the owner/developer shall be responsible for the installation of all landscaping on the original rezoning site.

c. All dwellings shall be one-story, not to exceed 14 feet as measured to the highest point of the roof.

d. All dwellings shall be stuccoed, utilize earthtone colors, and utilize ground-mounted mechanical equipment.

e. Development of the commercial use on the corner of Harrison Road and Speedway Boulevard will require a separate development plan.

2. The owner/developer shall verify the existence of, or dedicate right-of-way (including intersection widening) as needed, on Harrison Road and Speedway Boulevard per the MS&R Plan.

3. The owner/developer shall install additional pavement on Speedway Boulevard to accommodate a eastbound left turn lane, a westbound right turn lane, and curb (at edge of interim paving) and sidewalk (at ultimate location) along the entire frontage of the original rezoning site.

4. The owner/developer shall install additional pavement on Harrison Road to accommodate a southbound left turn lane, a northbound right turn lane, and curb (at edge of interim paving) and sidewalk (at ultimate location)along the entire frontage of the original rezoning site.

5. The owner/developer shall be responsible for any modifications to the traffic signals necessary to accommodate the required modifications to Harrison Road and Speedway Boulevard.

6. The owner/developer shall record a one-foot no access easement along the commercial parcel for a distance of 150 feet along Harrison Road and 250 feet along Speedway Boulevard.

7. A six-foot high decorative masonry wall and a twenty-five (25) foot wide landscape buffer with canopy trees at a ratio of one tree per 33 linear feet of landscape buffer shall be provided between the proposed commercial pad and the proposed residences and a six-foot high decorative masonry wall and a ten (10) foot wide landscape buffer with canopy trees at a ratio of one tree per 33 linear feet of landscape buffer shall be provided between the existing office building and the proposed residences.

8. A six-foot high decorative masonry wall and a twenty (20) foot wide landscape buffer with canopy trees at a ratio of one tree per 33 linear feet of landscape buffer shall be provided between the proposed residential development and the existing residential development to the north and east.

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

10. An on-the-ground archeological survey shall be conducted, if considered necessary by the Arizona State Museum, 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. The U. S. Fish and Wildlife Service guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.

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

13. 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 be earthtone and 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.

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

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

(c) Ordinance No. 9177 relating to zoning: Amending certain conditions for property zoned C-1 located in the vicinity of the northeast corner of Speedway and Harrison Road in case no. C9-75-04.

Two (2) written approvals and twenty-five (25) written protests were received when the case was last heard by the Mayor and Council on November 7, 1977. A three-quarter majority vote was required to adopt the original ordinance.

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

11. PUBLIC HEARING: ZONING (C9-85-85) VECTOR WEST CORPORATION - RICHEY BOULEVARD, O-3 ZONE, REQUEST FOR CHANGE OF CONCEPT AND CONDITIONS OF REZONING AND ORDINANCE

(a) Report from City Manager DEC14-98-702 WIII

(b) Hearing to consider a request for a change of concept and conditions of rezoning on property located approximately 300 feet north of Grant Road between Richey Boulevard and Dodge Boulevard. Applicant: Ms. Dorota Grodzinski of Walden Architects, Inc., on behalf of Tucson Affordable Housing 1, LLC and the Tucson Metropolitan Ministries. The Planning Department recommends approval of the change of concept and conditions of rezoning, and adoption of the ordinance presented, subject to certain conditions. The City Manager recommends the Mayor and Council approve the requested change of concept and conditions of rezoning, and adopt the ordinance presented, subject to the following conditions.

1. An approved development plan, in substantial compliance with the preliminary development plan and Statement of Design Intent, is to be submitted for review and approval in accordance with Section 5.3.823-409 of the TucsonLand Use Code, including but not limited to:

a. a drainage report;shall be submitted for review and approval, including details of detention and retention.

b. canopy trees that will grow to a minimum twenty (20) feet in height at maturity shall be planted approximately thirty (30) foot on center on the north, east and west property lines. a six foot high masonry wall along the north and west property lines and trees that will grow to 20 feet at maturity, also drought resistant vegetation on the outside of the wall;

c. a minimum twenty-five (25) foot building setback retention of the 75 foot building setbacks from the north and west property lines (applicant to meet with staff regarding 50 foot setbacks and staff report to council regarding protests at time of ordinance adoption);

d. all lighting shall be shielded and directed away from residential uses;

e. no vehicular access to Water Streeta relocation plan;

f. an internal pedestrian circulation system shall be provided which connects to public sidewalks; and

g. closure of all unused curb cuts on Grant Road, Richey Boulevard and Water Street that will not be used by replacing with standard curb.

2. Detention or an acceptable flood reduction alternative, unless waived by City Engineering.

3. Dedication of a 25 foot radius spandrel at Richey Boulevard and Water Street.

4. Owner/developer shall install, or verify the existence of, curb and sidewalk along all street frontages of the property, and install additional pavement width on Dodge Boulevard consistent with the pavement width on Dodge Boulevard between the subject property and Grant Road.agree to participate in a paving improvement district for Dodge Boulevard - Glenn Street to Grant Road and agree to accept an assessment for lighting, up to 24 feet of pavement, and the west curb and sidewalk along the proposed development.

5. Additional fire hydrants will be necessary to comply with Section 10.301 (c) of the Tucson Fire Code.

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.

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

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

9. 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.

(c) Ordinance No. 9178 relating to zoning: Amending certain conditions for property zoned O-3 located approximately 300 feet north of Grant Road between Richey Boulevard and Dodge Boulevard in case no. C9-85-85.

Seven (7) written approvals and one (1) written protest were received when the case was originally heard by the Mayor and Council on June 2, 1986. The one protest was less than a 10 percent protest by area to the north. No additional approvals or protests have been received.

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

12. PUBLIC HEARING: TUCSON CODE AMENDING (CHAPTER 23) LAND USE CODE RELATING TO VARIANCE PROCEDURES

(a) Report from City Manager DEC14-98-706 CITY-WIDE

(b) Hearing.

(c) Variance Procedures I, which updates and clarifies the LUC

Ordinance No. 9179 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 8, Overlay Zones; Article III, Development Regulations, Division 2, Development Criteria, Division 5, Performance Criteria, Division 8, Native Plant Preservation; Article V, Administration, Division 1, Powers and Duties, Division 3, Special Development Applications, Division 4, Procedures, and Division 5, Compliance and Enforcement; and setting an effective date.

(d) Variance Procedures II, which implements the Hearing Officer process

Ordinance No. 9180 relating to planning and zoning; amending the Tucson Code, Chapter 23, Land Use Code, Article V, Administration, Division 1, Powers and Duties, Division 3, Special Development Application, Division 4, Procedures, and Division 5, Compliance and Enforcement; and setting an effective date.

The City Manager recommends that the Variance Procedures I ordinance be adopted. It is further recommended that Variance Procedures II ordinance, which establishes the Hearing Officer process, be considered for implementation on July 1, 1999, subject to funding availability in the next fiscal year budget. It would appear that the cost of this new program approximates $250,000.

13. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager DEC14-98-699 CITY-WIDE

14. REAL PROPERTY: ACQUISITION OF THE SOUTH YARD DRILL TRACK FROM THE UNION PACIFIC RAILROAD IN ASSOCIATION WITH THE DOWNTOWN RAIL SPUR LINE REMOVAL

(a) Report from City Manager DEC14-98-712 WI & WV

(b) Resolution No. 18200 relating to real property; authorizing the City Manager to acquire by negotiation certain real property.

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

*16. ADJOURNMENT

The next regularly scheduled meeting of the Mayor and Council will be held on Monday, January 4, 1999, at 2:00 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.

*RENUMBERED DUE TO THE ADDED ITEM.

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