Mayor and Council Agendas for

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Doyle Larkin, Noel Evangelical Methodist Church

PLEDGE OF ALLEGIANCE - led by Brownie Troop #712 and Girl Scout Troop #545

PRESENTATIONS

(a) "Honorary Citizen of Tucson" Awards - presented to students of the International Friends Organization

(b) Certificate of Appreciation - presented to Christopher G. Nelson for his assistance to the community

3. CONSENT AGENDA - ITEMS A THROUGH E

FOR COMPLETE DESCRIPTION OF ITEMS

SEE ATTACHED 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: (C9-98-05) TERAN & ASSOCIATES - HARRISON ROAD, SR TO R-1, ORDINANCE ADOPTION

(a) Report from City Manager APRIL12-99-166 WIV

(b) Request to rezone property on the west side of Harrison Road approximately 660 feet north of Escalante Road. Applicant: Mr. John Evans, representing the developers, Midbar Development Company. The development plan is for 42 one-story, single-family residences, utilizing the Residential Cluster Project (RCP) provisions of the Land Use Code. The subdivision plat (S-98-042 Harrison Shadows) is also scheduled for Mayor and Council approval on today's agenda. The Planning Department recommends adoption of the ordinance presented. The City Manager recommends adoption of the ordinance presented.

(c) Ordinance No. 9218 relating to zoning: Amending zoning district boundaries in the vicinity of the west side of Harrison Road approximately 660 feet north of Escalante Road in Case C9-98-05 Teran and Associates - Harrison Road, SR to R-1 (Ward 4), and establishing an effective date.

Six (6) written approvals and four (4) written protests were received for the public hearing. All four protests are located within the 150-foot notification area. This results in a 16.5 percent protest by area to the east, a 7.9 percent protest to the west, a 1.0 percent protest to the north and a 7.6 percent protest to the south.

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

5. ZONING: (C9-96-02) BUCHANAN - WETMORE ROAD, R-2 TO C-2, ORDINANCE ADOPTION

(a) Report from City Manager APRIL12-99-167 WIII

(b) Request to rezone property on the south side of Wetmore Road approximately 200 feet east of Stone Avenue. Applicants: Tim and Cyndy McGuire, the property owners. The development plan is for a one-story, 4,000-square foot retail and wholesale jewelry store on 0.43 acres. The Planning Department recommends adoption of the ordinance presented. The City Manager recommends adoption of the ordinance presented.

(c) Ordinance No. 9219 relating to zoning: Amending zoning district boundaries in the vicinity of the southside of Wetmore Road approximately 200 feet east of Stone Avenue in Case C9-96-02 Buchanan - Wetmore Road, R-2 to C-2; and establishing an effective date.

One (1) written approval and zero (0) written protests were received for this case.

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

6. PUBLIC HEARING: TUCSON CODE - AMENDING (CHAPTER 11) RELATING TO REGULATION OF SMOKING IN RESTAURANTS

(a) Report from City Manager APRIL12-99-169 CITY-WIDE

(b) Hearing.

(c) Ordinance No. 9220 relating to crimes and offenses; regulating smoking in restaurants; providing definitions; declaring violations to be civil infractions with mandatory fines; providing for designated smoking areas; providing for phase-in and hardship exceptions by amending Chapter 11, Article I by adding Section 11-19 to the Tucson Code.

The Ordinance presented specifies that provisions will be enforced 90 days after passage and adoption.

7. PUBLIC HEARING: PROPOSED ALVERNON/BENSON HIGHWAY ANNEXATION DISTRICT

(a) Report from City Manager APRIL12-99-163 WV

(b) Hearing.

8. PUBLIC HEARING: WEST UNIVERSITY NEIGHBORHOOD PLAN AMENDMENT (SOUTHWEST CORNER OF FIRST STREET AND TYNDALL AVENUE)

(a) Report from City Manager APRIL12-99-168 WVI

(b) Hearing.

(c) Resolution No. 18264 relating to planning and zoning; amending the West University Neighborhood Plan.

The City Manager recommends approval of the resolution presented amending the West University Neighborhood Plan.

9. SPECIAL EXCEPTION LAND USE PUBLIC HEARING: APPEAL OF ZONING EXAMINER'S DECISION, STREAMS IN THE DESERT LUTHERAN CHURCH, 5360 E. PIMA STREET, R-1 AND R-2 ZONE (SE-98-47)

(a) Report from City Manager APRIL12-99-170 WVI

(b) Hearing on an appeal of the Zoning Examiner's decision to deny a Special Exception Land Use request for an Educational Use - Elementary and Secondary School at 5360 E. Pima Street located on property owned by the Streams in the Desert Lutheran Church. The site is located on the southwest corner of Pima Street and Woodland Avenue and is currently zoned R-1 and R-2. The applicant for the Special Exception Land Use request is Mr. Paul Olson on behalf of the Streams in the Desert Lutheran Church.

Two appeals of the Zoning Examiner's decision were filed. One was from Ms. Lydia Capara, Director of the proposed Desert Springs Academy Charter School. The other was from Mr. Paul Olson on behalf of the Streams in the Desert Lutheran Church. Appeals of the Zoning Examiner's decision on Special Exception Land Use requests are heard by the Mayor and Council in accordance with Section 5.4.4.3. of the Tucson Land Use Code (LUC).

The City Manager recommends that the Mayor and Council uphold the Zoning Examiner's decision to deny the Charter School as a Special Exception Land Use for an Educational Use - Elementary and Secondary School at the Streams in the Desert Lutheran Church at 5360 E. Pima Street.

Should the Mayor and Council choose to reverse the Zoning Examiner's decision, thereby approving the Charter School as a Special Exception Land Use for an Educational Use - Elementary and Secondary School at 5360 E. Pima Street, it is recommended that the approval be subject to the following conditions as recommended by the Planning Department. Staff considers these conditions the minimum necessary to establish general compliance with the policies of the Arcadia-Alamo Area Plan and the intent of the general requirements of the Special Exception Land Use for an Educational Use - Elementary and Secondary School.

1. A Development Plan, in substantial compliance with the revised preliminary development plan, shall be submitted for review and approval including, but not limited to, the following:

a. The playground area and any other noise-generating activities shall be placed at least fifty (50) feet from adjacent residentially zoned property and separated from the adjacent residential property by the new buildings.

b. All new buildings shall be a minimum twenty (20) feet from adjacent residentially zoned property.

c. A masonry wall at least six (6) feet high shall be placed on the west property line adjacent to residentially zoned property. Oleanders, or similar types of large shrubs, and canopy trees at a ratio of one tree per thirty-three (33) feet, shall be placed on the development side of the wall. All landscaping shall meet the design criteria of the Arcadia-Alamo Area Plan.

d. No vehicular access shall be permitted to Lee Street.

e. A minimum of eight (8) drop-off spaces shall be provided, in addition to the required off-street parking spaces.

2. The driveway on Woodland Avenue shall be designed as a single, two-way access point located at the north end of the parking area away from the residential neighborhood.

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

4. 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.

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

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.

Four (4) written approvals and eleven (11) written protests were received for the original public hearing.

10. PUBLIC HEARING: ZONING (C9-94-03) GRANT/SILVERBELL PARTNERS - SILVERBELL ROAD, C-1 TO C-2, REQUEST FOR A FIVE YEAR TIME EXTENSION

(a) Report from City Manager APRIL12-99-171 WI

(b) Hearing to consider a request for a five (5) year time extension for the completion of the rezoning conditions for the development of a seven (7) bay, 4,853 square foot auto facility for tire sales and minor auto repair. Applicant: Mr. Spencer Giffords on behalf of the current property owners, Al and Joyce Roughton and Spencer and Gloria Giffords. A public hearing is required because it has been five years or more since the last public hearing was held on this request. The property is 0.7 acres located on the east side of Silverbell Road approximately 400 feet south of Grant Road. The Planning Department recommends approval of the five (5) year time extension from October 17, 1999, to October 17, 2004, subject to certain revised rezoning conditions. The City Manager recommends the Mayor and Council approve the requested five (5) year time extension to complete rezoning conditions from October 17, 1999, to October 17, 2004, subject to the following revised conditions and submittal of a development plan in compliance with all conditions and current Code requirements.

1. An approved development plan, submitted for review and approval in accordance with Section 23-4095.3.8. of the Tucson Land Use Code (LUC) including, but not limited to:

a. Bay doors to be oriented toward the interior of the commercial center and away from residential uses to the south and west.

b. Lighting to be shielded and directed away from residential uses.

c. Pedestrian access provided along the Brichta Wash subject to the approval of the Parks and Recreation Department.

d. Closure of any unused curb cuts.

e. No direct access to parking spaces from the parking area access lane on the north side of the rezoning site.

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

3. No vehicular access across the Brictha Wash without approval of the City Engineer.

4. 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.

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

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

7. 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 October 17, 2004.

(c) Ordinance No. 9221 relating to zoning: Amending Ordinance No. 8261 to extend the time for compliance with amended conditions for rezoning property in the vicinity of the east side of Silverbell Road approximately 400 feet south of Grant Road in Case C9-94-03 Grant/Silverbell Partners - Silverbell Road, C-1 to C-2 (Ward 1); and establishing an effective date.

Three (3) written approvals and eight (8) written protests were received for the original public hearing on this case on March 24, 1994. Two (2) of the protests were within the 150-foot notification area resulting in a thirty-two (32) percent protest by area to the west and a zero (0) percent protest to the north, south and east.

A 3/4 majority vote of the Mayor and Council will be necessary to approve the requested five (5) year time extension and to adopt the ordinance presented.

11. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

(a) Report from City Manager APRIL12-99-172 CITY-WIDE

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

13. ADJOURNMENT

The Mayor and Council will hold a Special Regular Session open to the public on Tuesday, April 13, 1999, at 7:30 p.m., in the Mayor and Council Chambers of City Hall, 255 W. Alameda, Tucson, Arizona, for a public hearing on the use of Community Development Block Grant (CDBG) funds for Fiscal year 1999-2000. Recommendations from the Community Development Advisory Committee (CDAC) are also being provided to the Mayor and Council.

The next regularly scheduled meeting of the Mayor and Council will be held on Monday, April 19, 1999, at 2:00 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.

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