REGULAR AGENDA ITEM NOS. 2 AND 9 HAVE BEEN AMENDED AND REGULAR AGENDA ITEM NO. 9A HAS BEEN ADDED:
1. ROLL CALL
2. INVOCATION AND PLEDGE OF ALLEGIANCE
INVOCATION - Pastor Buddy Mizelle, Christ Community Church
AMENDED PLEDGE OF ALLEGIANCE - led by the Tucson Police Department Explorer Color Guard
3. CONSENT AGENDA - ITEMS A THROUGH J
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: (C9-99-21) TUSD - LA CIENEGA, SR TO R-1, ORDINANCE ADOPTION
(a) Report from City Manager SEPT25-00-567 WII
(b) Request to rezone property located on Cienega Drive between Camino Montaraz and Desert Arbors Street. Applicant: William Viner on behalf of the Pepper-Viner Company. The development plan proposes 16 one-story and two-story single-family residences on 4.5 acres utilizing the Residential Cluster Project (RCP) provisions of the Land Use Code (LUC) for a density of 3.56 units per acre. The Development Services Department (DSD) reports that all conditions of rezoning have been met. The Planning Director recommends adoption of the ordinance presented rezoning the property from SR to R-1. The City Manager recommends adoption of the ordinance presented.
(c) Ordinance No. 9466 relating to zoning: Amending zoning district boundaries in the area located between Camino Montaraz and Desert Arbors Street in case C9-99-21, TUSD - La Cienega, SR to R-1 (Ward 2).
Seven (7) written approvals and two (2) written protests were received for this case. None of the protests are located within the 150 foot notice area resulting in a protest by area of zero percent in all directions
A simple majority vote will be necessary to adopt the ordinance presented should the Mayor and Council choose to do so.
5. ZONING: (C9-99-13) PEPPER-VINER - LA CIENEGA, SR TO R-1, ORDINANCE ADOPTION
(a) Report from City Manager SEPT25-00-569 WII
(b) Request to rezone property located on the northeast corner of Desert Arbors Street and La Cienega Drive. Applicant: Pepper-Viner Company. The development plan proposes fifteen (15) one- and two-story single-family residences on 3.77 acres for a density of 3.9 units per acre. The Development Services Department (DSD) reports that all conditions of rezoning have been met. The Planning Director recommends adoption of the ordinance presented rezoning the property from SR to R-1. The City Manager recommends adoption of the ordinance presented.
(c) Ordinance No. 9468 relating to zoning: Amending zoning district boundaries at the northeast corner of Desert Arbors Street and La Cienega Drive in case C9-99-13, Pepper-Viner - La Cienega, SR to R-1 (Ward 2).
Fifteen (15) written approvals and two (2) written protest have been received for this case. Two (2) protests are located within the 150 foot notice area resulting in a protest by area of zero percent to the north and west, 10.8 percent to the south, and 14.5 percent to the east.
A simple majority vote will be necessary to adopt the ordinance presented should the Mayor and Council choose to do so.
6. SPECIAL EXCEPTION LAND USE PUBLIC HEARING: APPEAL OF ZONING EXAMINER'S DECISION, PRESIDIO SCHOOL, 3225 NORTH MARTIN, C-1 ZONE (SE-00-22)
(a) Report from City Manager SEPT25-00-556 WIII
(b) Hearing on an appeal of the Zoning Examiner's decision to deny a request to allow a charter high school in the C-1 zone on a site located at the northwest corner of Fort Lowell Road and Martin Avenue, Case SE-00-22, Presidio School, 3225 North Martin. Applicant/Appellant: Presidio School, Thomas J. Drexel, Principal.
The preliminary development plan is for the conversion and expansion of an existing elementary school (grades K through 10) into a private high school (grades 9 through 12) with a total of 400 students. The applicant proposes adding a new 9,950 square foot classroom building and converting an adjacent 1,628 square-foot residence into school offices for a total floor area of 24,371 square feet. The request requires a Type V Special Exception, appeals of which are heard by the Mayor and Council in a public hearing.
The Planning Department Report to the Zoning Examiner recommends approval of the Special Exception subject to certain conditions. In light of the Zoning Examiner's decision to deny the Special Exception, Planning staff recommends any decision to reverse the Zoning Examiner's decision be subject to certain conditions. These recommended conditions include the original conditions of approval, modified to include restrictions agreed to by the applicant since release of the Planning Department Report to the Zoning Examiner.
The City Manager recommends the Mayor and Council uphold the Zoning Examiner's decision. Should the Mayor and council reverse the Zoning Examiner's decision and approve the special exception request, the City Manager recommends the approval be subject to the following conditions.
- A site plan, in substantial compliance with the revised preliminary development plan, dated July 3, 2000, shall be submitted for review and approval including, but not limited to:
- A maximum of 200 students on campus per shift.
- The east parking lot adjacent to Martin Avenue shall be for employee parking only.
- No vehicular access to Martin Avenue.
- The owner-developer shall work with the adjacent property owners and the office of the City Engineer to address any parking on Martin Avenue.
- A minimum eight (8) foot high masonry wall and a minimum ten (10) foot wide landscape buffer including at least twelve (12) canopy trees shall be provided along the north property line.
- All new buildings shall be one-story.
- All windows facing residential zones or uses within (50) feet shall be permanently closed.
- A minimum six (6) foot high masonry wall shall be provided along the west property line north of the existing building on the lot adjacent to the west.
- The owner/developer shall dedicate right-of-way, per the Major Streets and Routes Plan, along Fort Lowell Road.
- The owner-developer shall provide a six (6) foot wide sidewalk along Fort Lowell Road with curb access ramps at Martin Avenue and at each driveway.
- The owner/developer shall agree to participate in any improvement district which may be formed for future improvements to adjacent roadways and to accept such assessments that would typically be levied against the property.
- Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials.
- A drainage report shall be submitted for review and approval, including details of retention/detention.
- Water harvesting techniques shall be incorporated by conveying rooftop drainage to designated landscaped areas. These areas shall be depressed to contain a reasonable volume of retention.
- All outdoor lighting shall be directed down and away from residentially zoned or developed parcels and public roadways and be as low in elevation as possible.
- "Safe by Design" concepts shall be incorporated in the site plan for review by the Tucson Police Department.
- Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development will be at no expense to the public.
- One year to complete all Code requirements and conditions of the Special Exception.
There are six (6) written approvals and 83 written protests. The protests generally relate to traffic, land use intensity and hours of operations.
7. PUBLIC HEARING: ZONING (C9-78-24) LINDQUIST - FORT LOWELL ROAD, R-1 TO R-2, REQUEST FOR CHANGE OF CONDITIONS AND CONCEPT PLAN AND ORDINANCE ADOPTION
(a) Report from City Manager SEPT25-00-564 WII
(b) Hearing on a request to change the previously approved concept plan and rezoning conditions. The rezoning site is located on the south side of Fort Lowell Road approximately 600 feet west of Columbus Boulevard. Applicant: Evan S. Eglin, on behalf of the property owner, Miramonte Homes. The revised preliminary development plan is for 84 one story duplex and detached residential units on 10.2 acres for a density of 8.3 units per acre.
The Planning Department recommends approval of the requested change of concept plan and change of conditions and adoption of the ordinance presented, subject to the proposed revised conditions of rezoning. The City Manager recommends the Mayor and Council approve the requested change of concept plan and change of condition and adopt the ordinance presented subject to the following revised conditions. (Amended and added conditions are noted in the left margin. Within amended conditions new text is underscored, deleted text is strikethrough.
Amended 1. An approved development plan in substantial compliance with the concept plan dated July 5, 2000 August 10, 1994 and revised September 21, 1994.
Amended 2. Total number of units limited to 84 132.
3. A 25-foot building setback along the east property line, as shown on the concept plan.
4. A 25-foot building setback along the south property line, as shown on the concept plan.
5. Trash collection areas located away from all adjacent residential uses or zones.
Amended 6. A landscape plan submitted with the subdivision plat development plan detailing proposed buffering for the entire site.
7. Exterior lighting shielded and directed away from adjacent residential uses.
Amended 8. Any screen or perimeter walls to be constructed of, or painted with, graffiti-resistant materials and enhanced through a varied wall alignment, landscaping, or the utilization of decorative construction materials and colors consistent with the residential apartment units or any combination that meets the intent of softening the mass of any walls.
Amended 9. Maximum building height of one-story A 225-foot two-story building setback along the east and south property lines as shown on the concept plan.
Amended 10. A six-foot high masonry screen wall along the east, south and west boundaries to be constructed of, or painted with graffiti-resistant materials and enhanced through a varied wall alignment, landscaping, or the utilization of decorative construction materials and colors consistent with the residential apartment units or any combination that meets the intent of softening the mass of any walls.
11. The recreation center to be located 350 feet from east boundary.
Amended 12. The top of parapet of the rear wall of buildings along the south boundary not to exceed 13.5 12 feet above finished floor.
13. No trees exceeding 12 feet in height at maturity to be planted along the south boundary setback.
14. The unit size to be a minimum of 760 square feet.
Added 15. Heating, ventilating, and air conditioning equipment, solar panels and other mechanical equipment to be screened from view from streets and adjacent residential uses and zones.
Added 16. "Safe by Design" concepts to be incorporated in the subdivision plat for review by the Tucson Police Department.
Added 17. Any relocation, modification, etc. of existing utilities and/or public improvements will be at no expense to the public.
Added 18. Dedication of right-of-way, per the Major Streets and Routes Plan, along Fort Lowell Road, as required.
Added 19. Acceleration/deceleration lanes as required by the Traffic Engineering Division.
Added 20. A drainage report addressing/including detention and retention calculation requirements and other requirements as provided by Engineering Floodplain staff.
Added 21. In lieu fees will be required to cover the cost of 17 feet of additional pavement and 6-foot wide sidewalk along the entire frontage of the project. The fee can be adjusted to account for additional pavement installed for a left turn lane as required by the Traffic Engineering Division. City Engineering staff identifies those costs to be $24/foot for pavement and $12/foot for sidewalk.
Added 22. All roof runoff shall be directed into water harvesting areas within the development.
Added 23. Provide openings at the bottom of perimeter walls all the south and east property lines as necessary to accept surface water entering the site without causing any backwater effect that exacerbates existing upstream flooding conditions.
(c) Ordinance No. 9464 relating to zoning: Amending rezoning conditions in City of Tucson rezoning Ordinance No. 8371, Case C9-78-24, Lindquist - Ft. Lowell Road, R-1 to R-2 (Ward 4).
When rezoning case was considered in 1978, zero written approvals and 27 written protests were received. Seven (7) of the protests were within the 150-foot protest area. This represents a 92-percent protest by area to the north, 93-percent protest by area to the east, 95-percent protest by area to the south, and 94-percent protest by area to the west.
A three-fourths majority vote of the Mayor and Council will be necessary to adopt the ordinance presented reflecting the change in concept plan and change of conditions.
8. PUBLIC HEARING: ZONING (C9-89-39) PERRILLO - GOLF LINKS ROAD, C-2 ZONING, REQUEST FOR CHANGE OF CONDITIONS AND CONCEPT PLAN AND ORDINANCE ADOPTION
(a) Report from City Manager SEPT25-00-568 WIV
(b) Hearing on a request to change the previously approved concept plan. The rezoning site is located at the northwest corner of Golf Links Road and the Pantano Wash. Applicant: Don Laidlaw of Laidlaw Consulting LLC, on behalf of the property owners, the Gerold C. Brown Family Limited Partnership. The revised preliminary development plan is for 220,000 square feet of self-storage units and related office uses on a 14.2 acre site. The Planning Department recommends approval of the requested change of concept plan and adoption of the ordinance presented, subject to the proposed revised conditions of rezoning. 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. (Amended and added conditions are noted in the left margin. Within amended conditions new text is underscored, deleted text is strikethrough.
Amended 1. An approved development plan in substantial compliance with the concept plan dated May 23, 2000, submitted in accordance with Section 23-409 of the Tucson Code including but not limited to:
- all lighting to be shielded and directed down and away from adjacent uses to the interior of the proposed development.
- maximum of three access points,
- maximum building height of 16 feet, maximum height of pole mounted lights of 18 feet, measured to the light source,
netting of sufficient height and appropriate screening along the perimeter of the driving range, as approved by the City of Tucson Parks and Recreation Department, and
- dedication of 25 feet of right-of-way for Golf Links Road, per the Major Streets and Routes Plan.
2. Installation of fire hydrants to comply with the Tucson Fire Code.
3. Dedication of 50 feet of right-of-way along the Pantano and Atterbury Washes in accordance with COT linear park landscaping requirements.
4. Payment of an appropriate fair share contribution toward the cost of the construction of the future linear park for the length of the property frontage along the Pantano and Atterbury Washes.
5. Compensation to the Pima County Flood Control District in the amount of fifty percent of the cost of the bank protection along the subject property frontages of the Pantano and Atterbury Washes.
6. Dedication of a one foot no-access easement along the Golf Links Road frontage, except at points of ingress/egress.
Amended 7. A drainage report statement addressing /including detention and retention calculation requirements and other requirements as provided by Engineering Floodplain staff. All outflows from the site shall be designed to drain into the Atterbury Wash.
8. Revise, at no expense to the public, the traffic signal at the Golf Links/Camino Seco intersection, in terms of signal indicators, detection, lighting, signs, and pavement markings.
9. Dust control measures, as approved by Pima County Air Quality Control.
10. Any relocation, modification, etc., of existing utilities and/or public requirements necessitated by the proposed development will be at no expense to the public.
11. Three years to comply with all Code requirements and conditions of rezoning.
Amended 12. Installation of six (6) foot tall decorative masonry screen walls located on the development side of the landscape buffer adjacent to the Atterbury and Pantano Washes. Walls shall have a varied alignment to reduce the visual mass, and shall be constructed with two or more materials to create visual interest. Use of only reclaimed and runoff water on the driving range.
13. One hundred percent retention of on-site runoff.
14. Use of native trees, including cottonwoods, on the Pantano side from the linear park.
15. Maximum of two drive-throughs.
Amended 16. Hours of operation lighting restricted to 7 AM to 7 PM 10:00 P.M.
Amended 17. A 10-foot-wide landscape buffer, including canopy trees planted a maximum of 25 20 feet apart, shall be installed along the perimeter of the site adjacent to the Atterbury and Pantano Washes. The landscape palette shall include a variety of drought tolerant trees, shrubs, and groundcover. east site boundary adjacent to the future linear park extending from the north boundary of the C-1 parcel to the driving range tee area. Along the south boundary of the development area extending from the parking lot to the linear park boundary (north boundary of the C-1 parcel), canopy trees shall be planted a maximum of 20 feet apart.
Amended 18. "Safe by Design" concepts shall be incorporated in the development plan and landscape plan for review by the Tucson Police Department and Tucson Parks and Recreation Department. No access to the linear park is permitted to the private property.
19. The owner/applicant shall dedicate right-of-way for Golf Links Road, per the Major Streets and Routes Plan, if deemed necessary by the City Engineer's Office.
20. The applicant shall upgrade the unimproved bus stop along the property frontage on Golf Links Road to include a bus shelter, garbage receptacle, and concrete pad. The improvements shall be coordinated with the Department of Transportation, Engineering Division.
Added 21. Locate unsightly and noise generating elements such as dumpsters, loading zones, free standing items stored on site that exceed 16 feet in height, and loudspeakers away from property boundaries that are adjacent to the Pantano and Atterbury Washes.
Added 22. Provide mitigation in the 42 foot sewer and drainage easement along the Atterbury Wash in compliance with the WASH Ordinance.
(c) Ordinance No. 9467 relating to zoning: Amending conditions and concept plan in Case C9-89-39, Perrillo - Golf Links Road, C-2 zoning (Ward 4).
Twenty-two written approvals and 19 written protests were received in this case. Seventeen of the protests lie within the 150-foot protest area. This represents a zero (0) percent protest by area to the north, six (6) percent protest by area to the east, 15 percent protest by area to the south, and three (3) percent protest by area to the west. Because of the age of the rezoning case, the individual approval and protest forms are no longer available.
A simple majority will be necessary to approve the change of concept plan and change of conditions of rezoning, and adopt the ordinance presented. Since an ordinance for this case was originally adopted by Mayor and Council, a new ordinance is being forwarded for adoption with the recommended change of conditions, should the Mayor and Council choose to approve this request.
AMENDED 9. PUBLIC HEARING: ZONING (C9-00-PAD-3B) GATEWAY CENTRE PLANNED AREA DEVELOPMENT (PAD) DEVELOPMENT AREA 10 - CHANGE OF CONDITIONS, PAD 3, ZONING EXAMINER'S REPORT AND ORDINANCE ADOPTION
(a) Report from City Manager SEPT25-00-570 WII
(b) Report from Zoning Examiner dated June 30, 2000
(c) Hearing on a request to modify the Gateway Centre Planned Area Development pertaining specifically to Development Area 10. The Development Area 10 is located northeast of the intersection of Broadway Boulevard and Prudence Road. The Applicant is Mr. Frank Bangs of Lewis and Roca, on behalf of the proposed developer, the Home Depot. The parcel is situated north of and behind the existing retail center on Broadway Boulevard and is currently vacant. The preliminary development plan is for the development of a new 132,000 square foot Home Depot. The Planning Department and the Zoning Examiner recommend approval of the change of conditions to the Gateway Centre Planned Area Development for Development 10. The City Manager recommends approval of the amendment of the conditions to the Gateway Centre Planned Area Development for Development Area 10 (new text is underlined).
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Section II A.2.a.(9) | All public (or private, see II.B.5) streets shall be provided with a level of street lighting designed to protect the health, safety and welfare of those working in and passing through the PAD area. The parking lot lighting provided for the commercial development on Block 10 will be strategically placed to provide lighting for Prudence Road adjoining the western boundary of Block 10 consistent with the preliminary development plan attached as Appendix D. The intent of this level of street lighting is to address the neighboring property owners' concerns about light spillage.
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Section II A.2.a.(11) | At the time Prudence Road is improved, the feasibility of controlling access to Calle Managua and Calle Merida shall be explored by the City, the developer, and the neighborhood. This might include the construction of a wall along the western side of Prudence Road in conjunction with design provisions which allow access and turnaround for public service vehicles at the eastern ends of Calle Managua and Calle Merida.
Improvements within the Prudence Road right-of-way shall be constructed consistent with the preliminary development plan and accompanying cross-sections attached as Appendix D, and shall supercede the conceptual cross-sections for Prudence Road shown in Exhibits 6 and 14.
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Section II B.3. | Open Space and Recreation
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Central to this system of open space features is the Pantano Wash itself, with a linear trail system proposed along the west bank between Broadway and Speedway, and a small urban park located along the wash north of the loop road. Within the site, a system of open malls and a central plaza provide both linkages between use areas and a central open space focal point to be enjoyed by employees and residents. The developer of Block 10 shall convey to the City such additional land as may be required to construct this portion of the linear trail system consistent with the preliminary development plan in Appendix D and the corresponding cross-sections (see Exhibit B). This dedication shall result in a linear trail to the east of Block 10 with an average width of approximately 45 feet, and minimum and maximum widths of 27 and 113 feet, respectively. The Developer of Block 10 shall be responsible for the design and construction of that portion of the linear trail within Block 10. (See Riverpark dedication requirements if golf course is proposed.)
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Section II B.5. | Public Facilities
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The developer of Gateway Centre shall be responsible for installation of public improvements, quality control, and overall project management for all phases and elements of the development program. The developer shall construct, install, or otherwise provide all public street, utility, and landscaping improvements pursuant to standards and specifications approved by the City of Tucson. Such improvements shall include at a minimum: access and connecting roadways from Broadway, Kolb, and Speedway; the internal loop road; all associated drainage, sewer and utilities; and a linear "Riverpark" along the west bank of Pantano Wash, including a park "node" (identified as Development Area No. 4). These improvements are to be dedicated, upon completion by phase of construction, to the City of Tucson, subject to City approval of design and construction and acceptance of maintenance responsibilities.
Development of Block 10 consistent with the preliminary development plan attached as Appendix D satisfies the infrastructure improvement requirements of this PAD for Block 10. Development of Block 10 does not impose an obligation on the Block 10 developer to complete the public street improvements creating access and connecting roadways from Kolb and alternative access to the Kolb Road and 5th Street intersection. Development of Block 10 does not, however, release the master developer or its successors or assigns from the obligation to complete the infrastructure improvements as required by this PAD.
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Section II B.6. | Phasing
Phasing for the Gateway Centre is expected to occur over several years, based on economic and market conditions. Exhibit 9 depicts the anticipated sequence of the proposed phasing. Development will occur north of the TEP right-of-way first, in Planning Unit 3, and will end in Planning Units 1a and 1b and 5b. Roadways and other infrastructure facilities, including sewer, water, storm drain/flood control, and utilities must be constructed as development occurs. South of the right-of-way, it is expected that development will be phased from north to south.
Development of Block 10 for commercial purposes may occur outside of the general phasing requirement. This development shall not preclude development of Blocks 5 through 9 in accordance with the general phasing requirement and shall not preclude development of Blocks 5 through 9 under either development concept provided for in this PAD (Urban Core; Activity Center/Golf Course).
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Section II D.10.c.(1) | Minimum Building Setback from Public (or Private, see AD note II.B.5) Streets: A distance equal to 60 percent of building height but not less than 20 feet. Building setbacks from Prudence Road for the commercial development on Block 10, consistent with the preliminary development plan attached as Appendix D, shall be measured from back of future curb location as provided in the City of Tucson Land Use Code (LUC).
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Section II D.10.c.(5) | Parking Requirements: Required spaces shall be determined at the ratios set forth in Section 3.3.0 of the City of Tucson Land Use Code (LUC). Required parking for commercial development in Development Area 10 is based on one space per 230 square feet of floor area provided all circulation, cross-access and parking is totally integrated with development of the parcel between Development Area 10 and Broadway Boulevard.
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Section II D.10.c.(7) | Special Screening or Buffering: In the event that the commercial development which fronts on Broadway to the south of this area remains under separate control, suitable combinations of walls and landscaping will be used to screen it from this development. Screening and buffering between Development Area 10 and the parcel fronting Broadway is not required provided development of both parcels is totally integrated.
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Section II D.10.c.(8) | Wall Heights: The commercial development on Block 10 may construct a garden center enclosure, noise attenuation walls, and a screen wall within the western right-of-way of Prudence Road, at heights in excess of six (6) feet consistent with the preliminary development plan attached as Appendix D.
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Section II D.10.c.(9) | Linear Park North/South PAAL Screening: The commercial development on Block 10 shall construct a barricade railing in place of masonry screening along the PAAL and install steps, approved by the City, that provide pedestrian access to the Riverpark on the east side of the commercial building consistent with the preliminary development plan attached as Appendix D.
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ADDED Section II D.10.e Supplemental Development Criteria |
- Access shall be provided from Broadway Boulevard and/or Prudence Road. There shall be no through access from Prudence Road to the Subdivision.
- The west side of the property shall be screened from the Subdivision by Prudence Road, walls and landscaping including a split face block masonry wall located within the western half of the Prudence Road right-of-way that is eight (8) feet or higher and is constructed with sound attenuation properties which substantially reduce the effect of sound on adjacent residential properties. The wall alignment shall vary with jogs, curves, notches, setbacks and other similar architectural features. The east side of the wall shall have varied vegetation which may include river rock, cactus, pyracantha or similar unfriendly vegetation which will deter access over the wall. A sixteen (16) foot landscape buffer shall be provided along the western edge of Home Depot's property along Prudence Road. Maintenance shall include vegetation replacement when unrecoverable decline occurs. Replacement vegetation shall be of equal size, shape and color as specified in the landscape plan unless an alternate vegetation is approved by the City after consultation with the Subdivision representatives. The vegetation on the west side of the wall shall be maintained as part of the site.
- Outdoor storage shall not be permitted within three hundred (300) feet of the west boundary of the property and where permitted shall be screened from offsite view. No storage shall be permitted to exceed the height of the screen.
- Trash collection areas shall be at least two hundred (200) feet from the western property line and shall be enclosed or screened from public view from the Subdivision. Any screen wall shall be masonry construction and at least eight (8) feet high. No trash may be removed between 4:00 p.m. and 9:00 a.m. as part of scheduled trash collection.
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- A sidewalk at least 6' to 8' wide connecting the Home Depot to Broadway along Prudence Road with a three (3) foot landscape strip and canopy trees that provide 65%-75% shade during the major part of the day. Two access points to the linear park shall be provided. One shall be located near the southeastern corner of the building as shown on the Plan. The other shall be located near the northeastern corner of the building if the City agrees to reduce by two feet the minimum linear park width to be dedicated and constructed by the Developer in order to allow the Developer to construct a four-foot safety sidewalk along the eastern side of the PAAL next to the garden center as required by the City's Development Standards.
- No deliveries of merchandise to the store will occur between the hours of 10:00 p.m. and 7:00 a.m. Any loading dock within two hundred (200) feet of the Subdivision shall be enclosed. Any loading dock that is more than two hundred (200) feet from the Subdivision shall be screened from the Subdivision with the screen at least ten (10) feet above the level of the loading dock. Except for trucks using the lumber off-loading area at the northwest corner of the store, Home Depot shall instruct delivery trucks to exit on Broadway or the southernmost driveway on Prudence. The site shall be designed to encourage and Home Depot shall instruct truck traffic to enter and leave the site from Broadway or the southernmost driveway on Prudence and proceed by way of the east side of the property to the loading areas on the north side of the store building.
- Truck traffic shall be prohibited from being left idling on Prudence Road and truck shall be prohibited from being left idling on the site between the hours of 10:00 p.m. and 7:00 a.m.
- A photometric and outdoor lighting plan shall be submitted for approval with the development plan. All outdoor lighting will be designed to prevent light spillage beyond the site into the Subdivision. All parking lot lighting shall be externally shielded and directed down and away from the Subdivision. Light standards within two hundred (200) feet of the west boundary of the site shall be shielded as may be necessary to completely screen light sources (bulbs) from direct view by residents of the Subdivision.
- The height of the first row of parking lot lighting standards adjacent to Prudence Road shall not exceed sixteen (16) feet. The height of all other parking lot lighting standards shall not exceed a maximum of twenty-six (26) feet.
- All wall mounted lighting on buildings shall be shielded to prevent light spillage into the Subdivision. Wall mounted lighting on the west wall of the Home Depot store shall be a maximum of eight (8) feet in height, measured from the finished floor elevation of the store.
- Only low-pressure sodium lights will be used for security lighting from 10:00 p.m. to 7:00 a.m.
- Seasonal sales in the parking lot area shall not be permitted within two hundred fifty (250) feet of the western boundary of the site.
- No paging or other use of loud speakers shall be permitted within five hundred (500) feet of the Subdivision.
- No drive-through lanes for food service shall be permitted on the southeast most and southwest most pads. Exhaust scrubbers shall be provided on all food service tenants and developments which use commercial ranges, grills, fryers and similar cooking equipment.
- A Hazardous Materials Management Plan and Hazardous Materials Inventory Statement shall be provided to the Fire Department for approval prior to issuance of a certificate of occupancy.
- Buffer improvements will be designed so that no stormwater drainage will be directed into the Subdivision.
- Landfill remediation work shall be limited to 7:00 a.m. to 6:00 p.m. The site shall be screened during the remediation work with a temporary fence with windscreen material that shall be at least six (6) feet high and at least twelve (12) feet high on the west boundary of the property.
- The Home Depot store shall not be open for business between the hours of 10:00 p.m. and 5:30 a.m.
- The architectural design of the Home Depot store shall incorporate architectural features to provide variation in appearance and shall be in substantial conformance to the architectural plan approved by the Mayor and Council.
- The owners and operators of the Home Depot and the site shall provide for regular meetings with one or more residents of the Subdivision who are designated by the Broadway North/East Neighborhood Association to review implementation of the conditions.
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*AMENDED (d) Ordinance No. 9469 relating to zoning: Amending PAD-3 Resolution No. 12133 in Case C9-00-SP3B C9-00-PAD-3B, Gateway Centre Planned Area Development - Development Area 10, located in the vicinity of the northeast of the intersection of Broadway Boulevard and Prudence Road; adding Appendix D and declaring an emergency.
*Technical correction not substantive.
Two (2) written approvals and fifteen (15) written protests have been received. Both approvals and seven (7) protests are located within 300 feet of the boundaries of Development Area 10.
A simple majority vote of the Mayor and Council will be necessary to adopt the ordinance presented approving the change of conditions to the Gateway Centre Planned Area Development for Development Area 10, should the Mayor and Council choose to do so.
9A. DEVELOPMENT AGREEMENT: WITH THE HOME DEPOT FOR THE DEVELOPMENT OF BLOCK 10 OF THE GATEWAY CENTRE
(a) Report from City Manager SEPT25-00-571 WII
(b) Resolution No. 18731 relating to development; authorizing and approving the execution of a development agreement between the City of Tucson and the Home Depot for the development of Block 10 of the Gateway Centre.
10. APPOINTMENTS TO BOARDS, COMMITTEES AND COMMISSIONS
11. CALL TO THE AUDIENCE, for persons desiring to speak.
12. ADJOURNMENT
The next regularly scheduled meeting of the Mayor and Council will be held on Monday, October 2, 2000, at 2:00 p.m., at the Tucson Convention Center, Graham/Greenlee Rooms, 260 South Church Avenue, Tucson, Arizona.
