- ROLL CALL
- INVOCATION AND PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Dan Hurlburt, First Church United Methodist
PLEDGE OF ALLEGIANCE - Mayor and Council, Staff and Public in Attendance
- Proclamation - Proclaiming November 13, 2000 to be "The Fort Lowell Furniture District Day"
- Presentation of Certificates of Appreciation to "USA Baseball Team" (2000 Summer Olympics)
- Presentation of Certificate of Appreciation to Marge Christensen Gould for "USA Today’s First Team All-USA Teacher"
- CITY MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS
- Report from City Manager NOV13-00-660 CITY-WIDE
- CALL TO THE AUDIENCE, for persons desiring to speak.
- CONSENT AGENDA - ITEMS A THROUGH J
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.
- LIQUOR LICENSE APPLICATIONS
- Report from City Manager NOV13-00-679
- LIQUOR LICENSE SERIES APPLICATION(S)
- TOMMY’S RIB & STEAKHOUSE
1011 N. Pantano Rd., Suite 111
Applicant: Christian Ibanez O’Hara
City #: 111-00, located in Ward 2
New License, Series: 12
POLICE DEPT. AND PLANNING DEPT. RECOMMEND DENIAL
Action must be taken by: November 24, 2000
- STONE ASHLEY
6400 E. El Dorado Place #100
Applicant: Victorio Gonzalez
City #: 122-00, located in Ward 2
New License, Series: 12
Action must be taken by: December 16, 2000
- OSCO #9336/2732
7915 E. Golf Links Rd.
Applicant: Thomas F. Dieterle
City #: 110-00, located in Ward 4
Person to Person Transfer & Location Transfer, Series: 9
Action must be taken by: November 24, 2000
- LE BUZZ CAFFE/ESPRESSO
9095 E. Tanque Verde Rd.
Applicant: Dennis Michael Hadley
City #: 112-00, located in Ward 2
Location Transfer, Series: 7
Action must be taken by: November 27, 2000
- SPECIAL EVENTS
- FOURTH AVENUE MERCHANTS ASSOC.
Fourth Ave. from University Blvd to 9th St.
Applicant: Daniel George Matlick
City #: T115-00, located in Ward 6
DATE OF THE EVENT: December 8, 9,10, 2000
- TUCSON BOTANICAL GARDENS
2150 N. Alvernon Way
Applicant: Suzanne Marie Azersky
City #: T123-00, located in Ward 6
DATE OF THE EVENT: November 3, 2000
- TUCSON MEXICAN CHAMBER OF COMMERCE
63 E. Congress St.
Applicant: Armando G. Garcia
City #: T124-00, located in Ward 6
DATE OF THE EVENT: November 17, 24, 2000
December 1, 8, 15, 22, 2000
- EXTENSION OF PREMISES
- BRANDING IRON
5442 S. 12th Ave.
Applicant: Virginia Estrada Gomez
City #: EP52-00, located in Ward 1
DATE OF THE EVENT: November 25, 2000
- ELECTION: CANVASSING RETURNS AND DECLARING RESULTS OF THE SPECIAL ELECTION HELD NOVEMBER 7, 2000 - PROPOSITIONS 401 AND 402
- Report from City Manager NOV13-00-670 CITY-WIDE
- INTERGOVERNMENTAL AGREEMENT: WITH TOWN OF MARANA REGARDING THE TUCSON WATER SERVICE AREA WITHIN THE TOWN OF MARANA
- Report from City Manager NOV13-00-669 OUTSIDE CITY
- Resolution No. 18767 relating to water; authorizing and approving the execution of an intergovernmental agreement with Town of Marana regarding Tucson Water Service Area within the Marana Town boundaries.
- PUBLIC HEARING: ZONING (Co9-95-04) EJM/UNIVERSITY OF ARIZONA - RIVER ROAD, SR TO R-3, TIME EXTENSION, CHANGE OF CONDITIONS AND ORDINANCE ADOPTION (CONTINUED FROM THE MEETING OF OCTOBER 23, 2000)
- Report from City Manager NOV13-00-666 WIII
- (b) Hearing on a request to change the conditions of rezoning established for this case including a request for a time extension for property located on the north side of the Rillito River approximately 700 feet south of River Road and approximately 700 feet east of Campbell Avenue. Applicant: Mary Beth Savel of Lewis and Roca, on behalf of the property owners EJM Development Company. The preliminary development plan is for 17 apartment buildings containing 204 residential units on 10.2 acres. The Planning Department recommends the Mayor and Council approve the requested change of conditions and time extension and adopt the ordinance presented which are both based on the Development Agreement approved with the adoption of Resolution No. 18566. The City Manager recommends the Mayor and Council approve the requested change of conditions and time extension from June 18, 2004, to June 20, 2005, and adopt the ordinance presented. The recommended rezoning conditions, which replace in their entirety the existing rezoning conditions, are provided below.
- A development plan, in substantial compliance with the Preliminary Development Plan, shall be submitted for review and approval in accordance with Section 5.3.8 of the LUC, including, but not limited to:
- Building heights are restricted to a maximum of 28 feet.
- Adherence to the preliminary development plan presented to the Mayor and Council at the August 7, 1995, public hearing.
- Any street and security lighting shall be shielded or directed away from adjacent residential uses and mounted no higher than fifteen (15) feet.
- All new on-site utilities, and where possible, all existing on-site utilities (excluding existing TEP transmission lines on the southwestern portion of the property), shall be placed underground.
2. The owner/applicant shall dedicate from its property up to but not exceeding two feet of right-of-way for River Road adjacent to the subject property.
3. The owner/applicant shall provide all internal drainage improvements and any external drainage improvements required to mitigate drainage impacts created by the proposed development, at no cost to the City or Pima County.
4. A drainage report, including details of detention and retention, shall be submitted for review and approval. Drainage shall not be altered, disturbed or obstructed without prior written approval of the City Engineer.
5. The owner/applicant shall record a covenant holding the City and Pima County harmless in the event of flooding, prior to approval of a development plan for any portion of the subject property.
6. The Property must be served by a public or private sewer. If the property is served by public sewer, the owner/applicant shall connect the subject property to the public sewer system at the location and in the manner specified by Pima County Wastewater Management at the time of review of a development plan or request of a building permit for any portion of the subject property.
7. Any required or proposed masonry screen walls visible from a public street shall be constructed of, or painted with, graffiti-resistant materials and shall incorporate one or more 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. Enhance the visual appearance of any continuous wall greater than 75 feet in length and three feet in height that is visible from a public street by varying the wall alignment (jog, curve, notch, or setback, etc.) and including trees or shrubs in the voids created by the variations.
8. "Safe by Design" concepts shall be incorporated in the development plan for review by the Tucson Police Department.
9. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
10. Grading of the development parcels shall be limited to within four months of construction. In addition, the owner/applicant shall contact the Arizona Game and Fish Department regarding compliance with the guidelines for the handling of desert wildlife.
11. Substantial compliance with all Code requirements and conditions of rezoning must be met by June 20, 2005, or the zoning shall revert to SR zoning as defined in the Land Use Code.
(c) Ordinance No. 9478 relating to zoning: Amending conditions in Case Co9-95-04 EJM/University of Arizona - River Road, SR to R-3 (Ward 3).
Approval/Protest figures from the County are available for only the northern portion of the rezoning site. The protest is five-percent by area and eleven-percent by number of the properties within 300 feet of the rezoning site. Supporting documentation is not available. The Planning Department has received no written approvals and no written protests.
A simple majority vote of the Mayor and Council will be necessary to adopt the ordinance presented.
10. PUBLIC HEARING: ZONING (C9-95-29) JONES - TANQUE VERDE ROAD, SR TO R-1 AND C-1, REQUEST FOR A FIVE-YEAR TIME EXTENSION
- Report from City Manager NOV13-00-661 WII
- Hearing on a request for a five-year time extension for the completion of rezoning conditions on rezoning site located on the north side of Tanque Verde Road, approximately 600 to 1,900 feet west of Dos Hombres Road. Applicant: Michael Grassinger of the Planning Center, on behalf of the property owner, the Hope Jones Trust. The preliminary development plan is for a 343 unit single-family subdivision on approximately 67.6 acres and 99,000 square feet of retail, commercial, and/or office uses on approximately 10.4 acres. A rezoning ordinance has been adopted for the residential portion of the rezoning site. This request applies only to the office/commercial portion. The original five-year authorization expires on March 4, 2001. A public hearing is required because the request, if approved, will extend the time for completion of rezoning conditions more than five (5) years from the date of the last public hearing. The Planning Department recommends approval of the requested five-year time extension from March 4, 2001, to March 4, 2006, subject to the presented revised conditions of rezoning. The City Manager recommends the Mayor and Council approve the requested five-year time extension from March 4, 2001, to March 4, 2006, subject to the following conditions (Added or amended conditions are noted in the left margin. Within the conditions new text is underscored, deleted text is
Amended 1. A development plan/subdivision plat, in substantial compliance with the preliminary development plan, is to be submitted and approved in accordance with Section 5.3.8 of the LUC, including, but not limited to the following.
- A maximum density of 6 residential units per acre are permitted.
- All proposed residences adjacent to the northern, eastern, and western perimeters of the rezoning site shall be limited to 16 feet in height. The easternmost commercial building shall be limited to one story and 18 feet in height. If the other commercial buildings are of multistory construction and adjacent to residential development, balconies are not permitted and windows on upper levels must have a minimum sill height of 72 inches facing residential zoning.
c. A continuous, six-foot-high wall measured from design grade, which is decorative and graffiti-resistant, shall be constructed along the western edge of the buffer area along the eastern perimeter of the rezoning site where adjacent to the Desert Anchors subdivision and along the western perimeter of the rezoning site on the eastern edge of the buffer area. The location of the wall will be determined during the drainage review process.
The wall alignment shall be varied with curves, jogs, or notches and landscaped to highlight the varied wall alignment. This perimeter wall, along the east property line, is to be constructed prior to construction of buildings. The wall shall incorporate one or more of the following features: (1) Two or more surface textures (e.g., masonry, wrought iron, or tile); (2) Two or more colors which are complementary to the overall project; and (3) Decorative cap block.
d. No more than three (3) vehicular access points to the subject property from Tanque Verde Road will be permitted. The two main roadways serving the project site must be a minimum of 36 feet wide through the commercial area to accommodate left turns at Tanque Verde Road and into the commercial uses. A curb and a four-foot-wide sidewalk shall be installed on both sides of the street. These two roadways shall align with the existing median openings in Tanque Verde Road. No vehicular access to any existing streets west of the subject property will be permitted. The third access point shall be right-in, right-out access only.
e. Buildings shall be complementary in architectural design and scale to the surrounding residential land uses. Front, side and rear building elevations shall be equal in the amount of architectural detailing. The applicant shall contact all property owners within 300 feet, and neighborhood associations within one mile of the site, for review of building architectural design and colors (including placement of balconies and second story windows adjacent to residential areas), and submit minutes of the meeting as part of the development plan review process.
f. All dumpsters and loading zones shall be placed at least fifty (50) feet from residentially zoned or developed properties.
g. Drive-through windows shall be oriented away from the street frontages. Landscaping shall be provided to soften the visual impact of vehicle stacking areas for drive-through windows.
2. A drainage report shall be submitted and approved which includes retention/detention calculations. Drainageways and detention basins are to use earthen bottoms where permitted by the City Engineer, and existing vegetation along the edges of drainageways and detention basins is to be preserved in place where permitted by the City Engineer. Where existing vegetation cannot be preserved in place, it is to be replanted in equal or greater quantities with appropriate native species. Drainageways shall be designed to restrict access with review by the Tucson Police Department and the City Engineer. All off-site flows shall be accepted by the development and safely conveyed through the development to Udall Park Wash.
3. An archaeological mitigation plan shall be submitted to the Arizona State Historical Museum at the same time the subdivision plat is processed to address the extent, condition, significance, development impacts, and proposed mitigation to identified and undiscovered archaeological and historic resources on the project site.
4. A landscape plan shall be submitted which includes the buffering treatment between existing adjacent uses along the perimeter of the project, including the drainageways, as shown on the preliminary development plan. The landscape plan shall be consistent with the inventory/salvage plan.
An inventory/salvage plan shall be included with the landscape plan which identifies the locations, quantity, and quality of existing on-site vegetation and the disposition of vegetative materials. Significant cacti and ocotillo are to be preserved in place or salvaged for reuse on site. Any large-specimen indigenous trees, six (6) inch caliper or greater, destroyed during site preparation or construction shall be replaced with either a 48-inch box tree or three 15-gallon trees of a similar species. All planted trees must be provided with permanent irrigation.
The width of the landscaped buffer area around the perimeter of the project site as shown on the preliminary development plan shall be: (1) West side, 35 feet minimum width, except where adjacent to commercial zoning; (2) North side, 10 feet minimum width; and (3) East side, 75 feet minimum width.
A 10-foot-wide landscaped buffer between the proposed commercial and the proposed residential shall be provided, as shown on the preliminary development plan.
5. A grading plan shall be submitted which adheres to the Mayor and Council interim policy for Differential Grading Adjoining Residential Property. Grading of development parcels shall be limited to within four months of actual construction to protect wildlife habitats and to preclude premature grading of parcels that may cause excessive rainwater runoff from sealed soil conditions. In addition, compliance with the guidelines for the handling of desert wildlife provided by the Game and Fish Department is required.
Amended 6. The applicant/property owner is to widen westbound Tanque Verde Road along the length of the rezoning site to 53 feet as required by the Traffic Engineering Division and install a new north curb and a new
four six-foot-wide sidewalk. The purpose of the road widening is to add a right turn (deceleration) lane into the subject property within the existing right-of-way.
7. Prior to occupancy of the first commercial building, the owner/applicant shall coordinate with the City of Tucson Transportation Planning Division to incorporate a strong transit station/stop as a part of planned development.
8. Street lighting and security lighting are to be shielded or directed away from adjacent residential uses. Security lighting is to be mounted no higher than the tallest retail, commercial, or office building or thirty (30) feet, whichever is lower.
9. Incorporate "Safe by Design" concepts in the development plan submitted to the Community Development Review Committee for review by the Tucson Police Department, including security between the three phases of the project.
10. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development will be at no expense to the public.
Amended 11. Compliance
Five years are allowed in which to comply with all Code requirements and conditions of rezoning by March 4, 2006.
12. Utility lines shall be undergrounded on the site.
13. The Mayor and Council shall hold a public hearing prior to ordinance adoption if there are any major changes to the aforementioned conditions.
Added 14. All roof drainage shall be released to flow into designated water harvesting areas. Only stormwater overflows from detention/retention basins and water harvesting areas shall be discharged into the Udall Park Wash located along the east property line.
Added 15. Sufficient width of drainageways shall be dedicated to ensure safe conveyance of the 100-year flood event in the Udall Park Wash. A twenty (20) foot wide access maintenance easement shall be provided along the Udall Wash. Any wash improvements shall follow the Intermin Watercourse Improvement Policy (IWIP). Any native vegetation along the west bank of the Udall Wash shall be preserved or mitigated.
Added 16. No wall shall be constructed that prevent adequate access to the west bank of the Udall Park Wash.
Added 17. Dedication of additional right-of-way per the Major Streets and Routes Plan as required.
Added 18. Provided assurances, not to exceed 50%, for a traffic signal at Paseo Rancho Esperanza.
At the time the rezoning was considered, seventeen (17) written approvals and fourteen (14) written protests were received in this case. The protests represent a nine (9) percent protest by area to the north, a two (2) percent protest by area to the south, a six (6) percent protest by area to the east and a two (2) percent protest by area to the west.
A simple majority vote of the Mayor and Council will be necessary to approve the new and amended conditions of rezoning, including the time extension.
11. PUBLIC HEARING: ZONING (C9-72-37) DECONCINI - GOLF LINKS ROAD, RX-1 TO C-2, CHANGE OF CONCEPT PLAN AND CONDITIONS AND ORDINANCE ADOPTION
a. Report from City Manager NOV13-00-662 WIV
b. Hearing on a request to change the previously approved concept plan and conditions of rezoning located at the southwest corner of Golf Links Road and Kolb Road. Applicant: Edward A. Fagin, AIA on behalf of the property owners, Summit Insured Equity LP II. The preliminary development plan is for an auto repair facility in lieu of self-storage along the south property line adjacent to Kolb Road. The Planning Department recommends approval of the requested change of preliminary development plan, subject to the revised conditions of rezoning provided. The City Manager recommends the Mayor and Council approve the requested change of concept plan and change of conditions, and adopt the ordinance presented. The recommended rezoning conditions incorporate the new and existing rezoning conditions and are provided below:
1. A development plan in substantial compliance with the Preliminary Development Plan and the Design Compatibility Report dated August 15, 2000, shall be submitted for review and approval in accordance with Section 5.3.8 of the LUC, including, but not limited to:
a. No openings on the south side of the auto repair building.
b. Outdoor lighting within the project area, both building and pole mounted, shall be shielded and directed away from adjacent residential or office development and mounted as low as possible.
c. Equal architectural detailing on all four sides of the auto repair building.
d. New signage shall be compatible with existing signage within the overall site.
2. A drainage report shall be submitted incorporating a 5-year Threshold Retention.
3. All roof runoff from the auto repair building shall be directed in water harvesting areas. Additional water harvesting area, in addition to the 5 foot landscape area, shall be provided. Only the outflow from water harvesting areas can be discharged into the adjacent drainage channel. National Pollution Discharge Elimination System Guidelines shall be followed for discharges into the drainage channel.
4. Vehicular access to the undeveloped area west of the auto repair building shall be prevented through the use of curbing, continuous wheel stops, bollards, or other similar barrier.
5. Any relocation, modification, etc., of existing utilities and/or public requirements necessitated by the proposed development will be at no expense to the public.
6. Dedications of:
a. 100' half right-of-way for Golf Links Road
b. 30' half right-of-way for Langley Avenue.
c. Standard 25' radius spandrels at all street intersections.
d. Widening of 16' alley along the north line of Vista Del Prado No. 5 to 20'.
7. Paving of Langley Avenue.
8. All underground utilities.
(c) Ordinance No. 9486 relating to zoning: Amending conditions and concept plan in Case C9-72-37 DeConcini - Golf Links Road, RX1 to C-2 zoning (Ward 4).
Three written approvals and two written protests have been received in this case. The two protests are within the 150 foot area and result in a protest of two percent by area to the east, three percent by area to the south, and zero percent to the north and west. The approval/protests from 1972 are not available and have not been included with this communication.
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: ZONING (C15-00-03) ESTABLISHING ORIGINAL CITY ZONING FOR THE MIBBIE LANE ANNEXATION DISTRICT
a. Report from City Manager NOV13-00-672 WV
c. Ordinance No. 9485 relating to zoning; establishing original City zoning for approximately 4.73 acres generally located north of Alvord Road between Palo Verde Road and Alvernon Way, which was annexed to the City of Tucson by Ordinance No. 9423, adopted on August 7, 2000; and specifying an effective date.
The City Manager recommends that the Mayor and Council adopt the ordinance presented establishing original City zoning within the annexation district.
13. PUBLIC HEARING: GRANT-ALVERNON AREA PLAN AMENDMENT - SOUTHWEST CORNER OF ALVERNON WAY AND FAIRMOUNT STREET, COMMERCIAL USE
a. Report from City Manager NOV13-00-678 WVI
c. Resolution No. 18770 relating to planning and zoning; amending the Grant-Alvernon Area Plan.
The City Manager recommends the proposed Grant-Alvernon Area Plan amendment to establish a Sub-Area 2 office and commercial land use policies that are consistent with applicable legal considerations, and to amend the Conceptual Land Uses Map to allow neighborhood commercial uses at the southwest corner of Alvernon Way and Fairmount Street be approved.
14. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
- Report from City Manager NOV13-00-667 CITY-WIDE
15. CALL TO THE AUDIENCE, for persons desiring to speak.
The next scheduled meeting of the Mayor and Council will be held on Monday, November 20, 2000, at 2:00 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.