1. ROLL CALL
2. INVOCATION AND PLEDGE OF ALLEGIANCE
INVOCATION – Pastor Gary Smyth, Bethel Community Church
PLEDGE OF ALLEGIANCE Mayor and Council, Staff and Public in Attendance
PRESENTATIONS
(a) Proclamation – Proclaiming, Monday January 17, 2000 to be "Martin Luther King, Jr. Day"
(b) Presentation of the "1999 Urban Recycling Program of the Year" Award for the (
Viva Reciclaje! Program
(c) Presentation of the Rabbi Albert T. Bilgray "Make A Difference" Award to Jackie Nichols, Director of Public Education, YWCA of Tucson
3. CONSENT AGENDA - ITEMS A THROUGH L
FOR COMPLETE DESCRIPTION OF ITEMS, SEE CONSENT AGENDA (linked below)
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. MAGISTRATES: APPOINTMENT OF CITY MAGISTRATE
(a) Report from City Manager JAN10-00-25 CITY-WIDE
(b) Ordinance No. 9338 relating to City Magistrates; appointing Mitchell S. Eisenberg City Magistrate of the City of Tucson; fixing compensation.
5. ZONING: (C9-99-21) TUSD – LA CIENEGA, SR TO R-1, REPORT FROM ZONING EXAMINER
(a) Report from City Manager JAN10-00-32 WII
(b) Report from Zoning Examiner dated December 17, 1999
(c) This is a request by Mr. William Viner, on behalf of the Pepper Viner Company, to rezone approximately 4.5 acres from SR to R-1 zoning. The rezoning site is located on La Cienega Drive between Camino Montaraz and Desert Arbors Street. The preliminary development plan is for sixteen (16) one and two-story single-family residences for a density of 3.56 units per acre utilizing the Residential Cluster Project (RCP) provisions of the Land Use Code (LUC). The Planning Department and 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 Design Compatibility Report/Environmental Resource Report is to be submitted for review and approval in accordance with Section 4.1.1 of the LUC, including, but not limited to:
a. Buildings on all lots adjacent to the north and south boundaries of the project, and the four lots within the island between the loop road and La Cienega Drive, shall be one-story with a maximum building height of 17.5 feet measured to the highest point of the building, excluding chimneys. Two-story dwellings shall be restricted to a maximum height of 24 feet measured to the highest point of the building, excluding chimneys.
b. Any structure greater than twenty (20) feet in height shall have a variety of rooflines. Elevations showing these rooflines shall be submitted with the tentative plat.
c. No grading shall occur more than four (4) months prior to start of construction.
d. Recordation of the Neighborhood Agreement dated November 4, 1999, and inclusion of that recordation information on the plat.
2. The owner/developer shall dedicate right-of-way on the perimeter streets consistent with the rights-of-way for other abutting developed streets.
3. The owner/developer shall install, or verify the existence of necessary pavement, curb, and sidewalks along the boundary streets consistent with street improvements on other abutting developed streets.
4. A drainage report shall be submitted for review and approval, including retention/detention calculations/requirements. The report shall include a drainage scheme for large flows in the intersection of Dos Hombres and Desert Arbors Street and a maintenance plan for the detention/retention basin.
5. A minimum ten (10) foot side landscape buffer with canopy trees (5 minimum) shall be provided on the north side of the project as part of the detention basin. The balance of the detention basin shall be heavily landscaped. A minimum ten (10) foot side landscape buffer with canopy trees (5 minimum) shall also be provided on south side of the project. A minimum five (5) foot high decorative masonry wall shall be provided on the perimeter of the project as specified on the preliminary development plan. The perimeter wall on the north and south shall be on the development side of the buffers. The perimeter wall on La Cienega Drive shall be designed with a notch at the common property line and a canopy tree provided in that notched area.
6. Water harvesting techniques shall be utilized by conveying all rooftop, parking area access lane (PAAL), and parking area drainage to designated water harvesting areas.
7. All new construction shall utilize earthtone colors and materials. Brighter colors may be used for accent.
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.
9. All outdoor lighting shall be directed down and away from residential parcels and public roadways and be as low in elevation as possible.
10. An archeological resource recovery and mitigation plan shall be approved by the Arizona State Museum prior to any ground modifications. Documentation of completion of required actions shall be submitted for review with the subdivision plat.
11. The archeological site located west of the rezoning site shall be fenced off and protected prior to any development activity.
12. The owner/developer shall submit a signed burial agreement with the Tohono O’odham Nation with the application for a tentative plat. If burial sites are discovered, they shall be treated as directed by that plan.
13. The U. S. Fish and Wildlife Service guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.
14. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.
15. "Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department.
16. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
17. Compliance with all Code requirements and conditions of rezoning by January 10, 2005.
Seven (7) written approvals and two (2) written protests have been received. Neither protest is located within the 150 foot notification area. This results in a zero (0) percent protest by area.
A simple majority vote of the Mayor and Council will be necessary to authorize the rezoning and also to adopt an ordinance once the conditions of rezoning have been met.
6. ZONING: (C9-99-20) BRIGGS – SILVERBELL ROAD, R-1 TO C-1, ZONING EXAMINER'S REPORT
(a) Report from City Manager JAN10-00-33 WI
(b) Report from Zoning Examiner dated December 17, 1999
(c)This is a request by Mr. Donald Laidlaw of Laidlaw Consulting, LLC, on behalf of the property owner, Mr. James E. Briggs, to rezone approximately 2.54 acres from R-1 to C-1 zoning. The rezoning site is located on the east side of Silverbell Road approximately 450 feet north of Grant Road. The preliminary development plan is for a 3,500 square-foot restaurant with drive-through and a 16,950 square-foot office and retail building that is proposed to be consolidated with an existing shopping center to the south. Buildings are indicated as one-story with a maximum height of twenty-four (24) feet. The Planning Department and the 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 general compliance with the Preliminary Development Plan and the Design Compatibility Report, is to be submitted for review and approval in accordance with Section 5.3.8 of the LUC, including, but not limited to:
a. All buildings shall be one-story with a maximum height of twenty-four (24) feet.
b. Complete and functional pedestrian and vehicular access shall be developed between the proposed and existing developments and shall connect directly to the main vehicular access and parking area of the shopping center. This shall include the reorientation of any building on the undeveloped pad of the existing shopping center toward Silverbell Road.
c. A minimum of two improved pedestrian links with proper lighting and signage shall be provided from the proposed residential project to the east and north. In lieu of the pedestrian links, additional curbing and sidewalk may be installed along the Silverbell frontage of the residential development located north of the rezoning site thereby providing pedestrian access from the residential development to the commercial development.
d. Landscaping, screening, architecture and signage for the rezoning site shall be comparable in design and color to the existing shopping center.
2. The owner/developer shall dedicate right-of-way, per the Major Streets and Routes Plan, along the Silverbell Road frontage of the rezoning site.
3. The owner/developer shall provide additional pavement to match the cross section of Silverbell Road between Grant Road and the existing shopping center access on Silverbell Road (i. e., two northbound vehicular travel lanes, one northbound bike lane, and, in lieu of a median island, a wide center left turn lane). These improvements shall occur along the frontage of the rezoning site and continue south to connect with the existing full width pavement along the existing shopping center frontage on Silverbell Road.
4. The owner/developer shall provide curb and six (6) foot wide sidewalks along the frontage of the rezoning site and continue south to connect with the existing curb and sidewalk along the existing shopping center frontage on Silverbell Road.
5. A drainage report shall be submitted for review and approval, including details of retention and detention calculations and requirements.
6. Water harvesting techniques shall be utilized by conveying all rooftop, parking area access lane (PAAL), and parking area drainage to designated water harvesting areas.
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.
8. All new outdoor lighting shall be directed down and away from residential parcels and public roadways and be a maximum of twenty (20) feet in height.
9. All new development shall utilize earth tone colors. Brighter colors, as allowed by the SCZ, can be utilized for accent only.
10. New dumpsters and loading spaces shall be placed at least fifty (50) feet from the north and east property lines.
11. Archeological/cultural remains encountered during ground modification activities shall be mitigated in accordance with guidelines provided by the Arizona State Museum.
12. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.
13. "Safe by Design" concepts shall be incorporated in the development plan for review by the Tucson Police Department.
14. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
15. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.
One (1) written approval and zero (0) written protests have been received. This results in a zero (0) percent protest by area.
A simple majority vote of the Mayor and Council will be necessary to authorize the rezoning and also to adopt an ordinance once the conditions of rezoning have been met.
7. PUBLIC HEARING: ZONING (C9-95-12) SHETTLESWORTH – CAMPBELL AVENUE, R-1 TO C-1, REQUEST FOR A FIVE-YEAR TIME EXTENSION
(a) Report from City Manager JAN10-00-28 WV
(b) Hearing to consider a request by Mr. Jack L. Shettlesworth, property owner, for a five-year time extension for the completion of the rezoning conditions for the property located on the west side of Campbell Avenue approximately 700 feet south of Irvington Road. The original rezoning case requested B-1 (C-1) zoning on approximately 3.8 acres for two restaurants and four storage-type buildings. The original five-year authorization expires on June 26, 2000. A public hearing is required because it has been more then five years since the last public hearing was held on this request. The Planning Department recommends approval of the requested five-year time extension from June 26, 2000, to June 26, 2005, subject to the revised conditions of rezoning presented. The City Manager recommends Mayor and Council approve the requested five-year time extension from June 26, 2000, to June 26, 2005, subject to the following revised conditions.
1. An approved development plan shall be submitted for review and approval in accordance with Section 23-409 5.3.8. of the Tucson Land Use Code (LUC) including, but not limited to:
a. Height of all buildings 220 feet or less from the Campbell Avenue right-of-way shall be limited to 30 feet and no more than two stories as proposed in the preliminary development plan.
b. Height of all buildings more than 220 feet from the Campbell Avenue right-of-way shall be limited to 16 feet.
c. Access to Campbell Avenue shall be limited to no more than three points as shown on the preliminary development plan.
d. Perimeter buffering on the west and south boundaries toshall include a six-foot masonry wall constructed of or painted with graffiti resistant materials and canopy trees in a ten-foot landscaped area as shown on the preliminary development plan.
e. Trash collection sites toshall be located away from existing residential areas as shown on the preliminary development plan.
f. Shield and direct outdoor/security lighting away from adjacent residential uses. Lighting fixtures shouldshall be located as low in elevation as possible to minimize impacts on existing residential.
g. Design or locate balconies/second-story walkways and windows to protect the privacy of adjacent residential development.
h. Noise generating uses such as loading zones, guard dogs, and intercom systems/loudspeakers shouldshall be located away and buffered from adjacent residential uses.
i. If an ice storage facility is proposed on the final development plan, it shall be limited in size to a building no larger than required to accommodate a maximum of five tons of ice storage and ancillary office and retail areas.
2. A drainage report addressing retention and detention shall be submitted for review and approval.
3. Documentation that the property owner/developer has attempted to secure a cross-access easement agreement to permit integration of vehicular circulation with the existing commercial project to the north shall be provided with any development plan submittal.
4. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development willshall be at no expense to the public.
5. Five years to complyCompliance with all Code requirements and conditions of rezoning by June 26, 2005.
6. "Safe-by-Design" concepts shall be incorporated into the development for review by the Tucson Police Department.
7. Water harvesting techniques shall be incorporated in all new development by conveying all rooftop and parking area drainage to designated water harvesting areas.
8. All new construction shall utilize earthtone colors and materials. Brighter colors may be used for accent.
Five (5) written approvals and five (5) written protests were received for the original public hearing on this case. One (1) protest was located within the 150 foot notification area. This results in a protest of eight (8) percent to the east and zero (0) to the north, south and west.
A simple majority will be necessary to approve the requested five-year time extension and to adopt an ordinance once the conditions of rezoning have been met.
8. PUBLIC HEARING: ZONING (C9-94-22) EVANS – TANQUE VERDE LOOP ROAD, SR TO UR (RX-1), REQUEST TO REACTIVATE A REZONING CASE AND FOR A FIVE-YEAR TIME EXTENSION
(a) Report from City Manager JAN10-00-29 WII
(b) Hearing to consider a request by Mr. Eugene Evans, property owner, to reactivate a rezoning case and for a five-year time extension for the completion of the rezoning conditions for the property located on the west side of Tanque Verde Loop Road, approximately 1,000 feet west of the street frontage and 1,250 feet north of Broadway Boulevard. The original rezoning case requested UR (RX-1) zoning for approximately 1.5 acres. The preliminary development plan is for one (1) single-family residence. The original five-year authorization expired on November 28, 1999. A public hearing is required to reactivate a rezoning case and also because it has been more then five years since the last public hearing was held on this request. The original public hearing is outdated. The Planning Department recommends reactivation of the rezoning case and approval of the requested five-year time extension from November 28, 1999, to November 28, 2004, subject to the revised conditions of rezoning presented. The City Manager recommends the Mayor and Council reactivate the rezoning case and approve the requested five-year time extension to complete rezoning conditions from November 28, 1999, to November 28, 2004, subject to the following revised conditions.
1. An approved development site plan shall be submitted for review and approval in accordance with Section 23-409 5.3.8. the requirements of the Tucson Land Use Code (LUC) including, but not limited to:
a. Design of the new residence should to be architecturally compatible with the neighborhood in scale and mass of the building, and through the use of naturally appearing materials and colors predominant in the surrounding landscape, such as desert and earth tones.
b. If the building height of the new unit is in excess of 20 feet, the mass of the building should be broken up with a variety of rooflines.
c. Design of the new residence should demonstrate sensitivity to the natural drainage and topography by integrating building siting and height into the natural terrain, through hillside adaptive foundations, minimal grading, or other means. The development plan to show how grading for construction will be limited and controlled.
d. A minimum 16 foot wide access easement connecting the rezoning site to the existing 30 foot wide access easement that provides access to the five acre parcel to the north and is located approximately 440 feet north of the rezoning site.
e. Recording information for all required access easements to be shown on the development plan.
2. A landscape / disturbance plan showing all areas where existing vegetative materials will be disturbed and the disposition for those materials. Existing vegetation which is removed and not salvaged should be replaced at a ratio of at least 1:1 with similar, appropriately sized materials.
3. The property owner or an agent for the property owner must connect to the public sewer system at the location and in the manner specified by Pima County Wastewater Management, unless a waiver is received from the Pima County Department of Environmental Quality to allow use of an on-site sewerage disposal system.
If the connection is made to the public sewer, the property owner or an agent for the property owner must construct a public sewer extension to serve this Development. The public sewer extension must be completed, inspected, and released for service prior to the issuance of any building permits.
4. A drainage statement shall be submitted for review and approval.
5. Documentation of legal access rights from the rezoning site to Tanque Verde Loop Road.
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. Five years to complyCompliance with all Code requirements and conditions of rezoning by November 28, 2004.
8. "Safe-by-Design" concepts are to be incorporated into the development for review by the Tucson Police Department.
9. Water harvesting techniques shall be incorporated in all new development by conveying all rooftop and parking area drainage to designated water harvesting areas.
10. All new construction shall utilize earthtone colors and materials. Brighter colors may be used for accent.
Zero (0) written approvals and zero (0) written protests were received for the original public hearing on this case.
A simple majority will be necessary to reactivate the rezoning case and approve the requested five-year time extension and to adopt an ordinance rezoning the subject property once the conditions of rezoning have been met.
9. PUBLIC HEARING: NORTH STONE NEIGHBHORHOOD PLAN AMENDMENT - PRINCE/ORACLE COMMERICAL
(a) Report from City Manager JAN10-00-31 WIII
(b) Hearing
(c) Resolution No. 18475 relating to planning and zoning; amending the North Stone Neighborhood Plan Nonresidential Policy 2.
The City Manager recommends the North Stone Neighborhood Plan be amended to allow commercial uses at 330 and 340 West Prince Road as shown on the presented resolution.
10. PUBLIC HEARING: MAJOR STREETS AND ROUTES PLAN AMENDMENT – SOUTHEAST SECTION
(a) Report from City Manager JAN10-00-34 WIV
(b) Hearing
(c) Ordinance No. 9340 relating to planning and zoning; updating and amending the Major Streets and Routes (MS&R) Plan map to reconfigure the major street grid in the Southeast Section of the City located generally South of Bilby Road and East of Houghton; amending the MS&R Plan to provide a policy and implementation techniques to identify appropriate major street locations in the Southeast Section.
The City Manager recommends that the Mayor and Council approve the Major Streets and Routes Plan amendment by adopting the ordinance presented.
11. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
12. CALL TO THE AUDIENCE, for persons desiring to speak.
13. ADJOURNMENT
The next scheduled meeting of the Mayor and Council will be held on Monday, January 24, 2000, at 7:30 p.m., at the Tucson Convention Center, Crystal Ballroom, 260 S. Church Avenue, Tucson, Arizona.
