(c) Request to rezone approximately 18.58 acres located on the southwest corner of 22nd Street and Harrison Road from SR and RX-1 to R-1 and C-1. Applicant: Mr. Mike Grassinger of the Planning Center, on behalf of the developer New World Homes. The preliminary development plan is for a 76 lot single-family residential subdivision on 17.36 acres utilizing the Residential Cluster Project (RCP) option for a density of 4.38 units per acre and an 8,000 square foot commercial development on 1.22 acres. The Planning Department and the Zoning Examiner recommend approval of R-1 and C-1 zoning subject to staffís recommended conditions as amended including an amended condition #9, and the "contract" conditions offered by the applicant. The City Manager recommends approval of R-1 and C-1 zoning, in lieu of the originally requested C-2 zoning subject to the following conditions.
1. A subdivision plat, in substantial compliance with the Preliminary Development Plan, the Design Compatibility Report, and 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. A separate development plan, limited to a maximum of 8,000 square feet of gross floor area (GFA) shall be submitted for the commercial portion of the rezoning site.
b. A maximum of seventy-six (76) one-story residential units on the residential portion with a maximum building height of eighteen (18) feet.
c. A maximum of one access driveway from 22nd Street to the commercial portion of the rezoning site, located at least two hundred (200) feet from the centerline of Harrison Road.
d. A maximum of one access driveway from Harrison Road to the commercial portion of the rezoning site, located at least two hundred (200) feet from the center line of 22nd Street.
e. A maximum of one access street to the residential portion on Harrison Road which shall align with the median opening designed in the Harrison Road - 22nd Street to Golf Links Road paving improvement district
f. A maximum of one access street to the residential portion on 22nd Street.
g. A one foot no-access easement around the perimeter of the project, except at the access points.
h. A 60 foot minimum lot width for lots adjacent to the south property line.
i. A six (6) foot tall masonry screen wall at the back of the lots adjacent to the south property line.
j. A five (5) foot tall masonry screen wall at the back of the lots on the west property line.
k. The Home Owners Association will be responsible for maintenance of all common areas.
l. An opaque fence will be installed across the drainageway entering the rezoning site along the south property line between lots 19 and 20. The space below the fence will be no larger than the minimum required per the City Engineer.
m. Development of the rezoning site shall be in compliance with the Native Plant Preservation Ordinance (NPPO).
2. The owner/developer shall dedicate right-of-way, per the Major Streets and Routes Plan, along 22nd Street and Harrison Road.
3. The owner/developer shall agree to participate in any future improvement district for improvements to Harrison Road and 22nd Street and to accept such assessments that would typically be levied against the property.
4. The owner/developer shall widen 22nd Street and construct the Major Streets and Routes half-section with curbing and sidewalks to provide a continuous right turn deceleration/acceleration lane and bike lane throughout the entire frontage of the site. The widening of 22nd Street shall include a left turn deceleration lane and the property taper transition for the proposed subdivision access road.
5. The owner/developer shall design and construct a curb median island west of the traffic signal to provide a left turn bay into the access drive of the commercial portion. The median design shall conform to the design of the Harrison Road - 22nd Street to Golf Links Road improvement project plan. The curb median will prevent any turning conflicts from the existing driveway openings on the opposite side of the street.
6. The owner/developer shall design and build a free flow eastbound to southbound lane at the traffic signal at 22nd Street and Harrison Road.
7. The owner/developer shall provide temporary widening of Harrison Road to provide for a northbound deceleration left turn lane into the commercial parcel if developed prior to the Harrison Road - 22nd Street to Golf Links Road district improvement project.
8. The owner/developer shall contribute for box culverts for Robb Wash under Harrison Road and 22nd Street. The contribution shall be approximately fifty (50) percent of the cost of each culvert.
9. The Robb Wash will be maintained as open space in accordance with the Watercourse, Amenity, Safety and Habitat Ordinance (WASH) and the following conditions:
a. A copy of the study area delineation, hydrology/hydraulic study, plant/habitat inventory, resource area delineation, mitigation plan, wash treatment, and preservation/revegetation plan, if any, will be submitted to a representative of the neighborhood for review and comment at the same time as it is submitted to City officials for approval.
b. Areas set aside for habitat and open space preservation in accordance with the WASH Ordinance will be protected by a perpetual deed restriction that prohibits alteration of wildlife habitat or landscape from its natural state or consumption of the open space.
10. The eastern tributary shall be adequately designed to accept the 100-year off-site storm runoff. Its confluence shall be designed to comply with City drainage standards.
11. A drainage report shall be submitted for review and approval, including retention/detention calculations/requirements.
12. Water harvesting techniques shall be utilized by conveying rooftop, parking area access lane (PAAL), and parking area drainage to designated water harvesting areas. In the residential areas, storm runoff may be first directed to landscape areas with overflow into the Robb Wash channel. Lots shall not be graded to accept lot to lot drainage.
13. The owner/developer shall contribute for improvements to the Old Spanish Trail Bicycle and Pedestrian Path. The contribution shall be determined in conjunction with the City and County Parks and Recreation Departments based on the final number of residential units.
14. a. A minimum ten (10) foot wide landscape buffer with canopy trees shall be provided adjacent to the 22nd Street and Harrison Road right-of-ways and the existing R-1 zoned land to the west of the rezoning site.
b. A minimum twenty (20) foot wide landscape buffer with canopy trees shall be provided adjacent to the existing R-1 zoned land to the south of the rezoning site including a landscaped drainageway.
15. Commercial structures, walls, and residential units shall be constructed of building materials that are muted desert colors, or painted muted desert colors which will blend with the local desert environment. Brighter colors shall be limited to accent use.
16. 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.
17. Mechanical units shall be ground mounted.
18. All outdoor lighting shall be directed down and away from residential parcels and public roadways and be as low in elevation as possible.
19. All new dumpsters and loading spaces shall be placed at least fifty (50) feet from residentially zoned or developed property.
20. An on-the-ground survey by a qualified archeologist shall be performed before any ground modification, and if any remains are found, a data recovery program approved by the Arizona State Museum shall be performed. Archeological/cultural remains encountered during ground modification activities shall be mitigated in accordance with guidelines provided by the Arizona State Museum.
21. Areas set aside for habitat and open space preservation in accordance with the WASH Ordinance will be fenced off and protected prior to any on-site development activity.
22. The U. S. Fish and Wildlife Services guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.
23. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.
24. "Safe by Design" concepts shall be incorporated in the development plan and subdivision plat for review by the Tucson Police Department.
25. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
26. A silt fence will be in place before grading occurs to deter snakes from entering adjacent properties to the south and west of the site.
27. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.
Zero written approvals and fifteen (15) written protests have been received. This results in a zero percent protest by area to the north and east, 67.27 percent protest to the south, and 28.57 percent protest by area to the west.
A three-fourths majority vote of the Mayor and Council will be necessary to adopt an ordinance once the conditions of rezoning have been met.