- ROLL CALL
- INVOCATION AND PLEDGE OF ALLEGIANCE
INVOCATION - Pastor Tom Savage, Amphitheater Bible Church
PLEDGE OF ALLEGIANCE - Mayor and Council, Staff and Public in Attendance
- CITY MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS
- Report from City Manager DEC11-00-726 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
(a) Report from City Manager DEC11-00-743
- LIQUOR LICENSE SERIES APPLICATION(S)
- VENICE RESTAURANT & PIZZERIA
7848 E. Wrightstown Road
Applicant: Mary M. Weger
City #: 126-00, located in Ward 2
New License, Series 12
Action must be taken by: January 1, 2001
- R.P. FOOD STORE
902 W. Miracle Mile Road
Applicant: Seham I. Mdanat
City #: 127-00, located in Ward 3
New License, Series 10
Action must be taken by: January 5, 2001
- EL SABROSO OAKWOOD GRILLE
610 N. Grande Avenue
Applicant: Maria de Lourdes Loza Felix
City #: 129-00, located in Ward 1
New License, Series 12
Action must be taken by: January 6, 2001
- 5150 PROTEST(S) RECEIVED
5150 E. Speedway Blvd.
Applicant: Sue F. Gong
City #: 128-00, located in Ward 6
Person to Person Transfer, Series 6
Action must be taken by: January 6, 2001
(c) SPECIAL EVENTS
There are no Special Event Liquor License applications for the meeting of December 11, 2000.
- ANNEXATION: RESOLUTION DECLARING INTENT TO ANNEX PROPERTY KNOWN AS THE STATE LAND II ANNEXATION DISTRICT (CONTINUED FROM THE MEETING OF DECEMBER 4, 2000)
(a) Report from City Manager DEC11-00-738 WIV & WV
- TUCSON CODE: AMENDING (CHAPTER 4) ANIMALS AND FOWL RELATING TO OPEN RANGE GRAZING ON STATE LAND WITHIN THE CITY
(a) Report from City Manager DEC11-00-741 WIV & WV
(b) Ordinance No. 9498 amending the Tucson Code, Chapter 4, Animals and Fowl; Article II, Livestock, Large and Dangerous Animals; adding a new Section 4-24, Open Range Exception; providing for open range grazing on State land within the City; and declaring an emergency.
- PRE-ANNEXATION AND DEVELOPMENT AGREEMENT: WITH ARIZONA STATE LAND DEPARTMENT FOR THE STATE LAND II ANNEXATION DISTRICT (CONTINUED FROM THE MEETING OF DECEMBER 4, 2000)
(a) Report from City Manager DEC11-00-739 WIV & WV
- PUBLIC HEARING: ZONING (C9-00-25) POINCIANA VENTURES - POINCIANA DRIVE, SR TO R-1, ZONING EXAMINER’S REPORT
(a) Report from City Manager DEC11-00-725 WIV
(b) Report from Zoning Examiner dated November 13, 2000
on a request to rezone approximately 5.6 acres from SR to R-1 zoning. Applicant: Valeria Feuer of MMLA, on behalf of the property owners, Poinciana Ventures, LLC. The rezoning site is located on the east side of Poinciana Drive approximately 1,025 feet south of Escalante Road. The preliminary development plan proposes a single-family residential subdivision of 24 lots for a density of 4.3 units per acre utilizing the Residential Cluster Project (RCP) option. The Planning Department and the Zoning Examiner recommend 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 revised preliminary development plan dated October 27, 2000, the Environmental Resources Report and the Design Compatibility Report, is to be submitted for review and approval in accordance with Section 4.1.1 of the LUC, including, but not limited to the following.
a. All structures to be limited to one-story.
b. Residential units adjacent to the north property line limited to a maximum of 18 feet in height.
c. A 25-foot building setback line adjacent to the north property line, measured from the Desert Spring Drive right-of-way line.
2. A drainage report shall be submitted and approved, including retention/detention calculations/requirements.
3. The Kinnison Wash and the fifty (50)-foot wide resource areas identified by the Watercourse Amenity, Safety, and Habitat (WASH) ordinance shall be dedicated as a drainageway. The owner/developer shall be responsible for mitigating the resource area in compliance with the WASH ordinance.
4. Water harvesting techniques shall be utilized by conveying all rooftop drainage to designated water harvesting areas.
5. Comply with the requirements of the differential grading ordinance.
6. A minimum ten (10)-foot wide landscape buffer with canopy trees shall be provided adjacent to the street right-of-way of Poinciana Drive.
7. A minimum five (5)-foot wide landscape buffer shall be provided adjacent to Desert Spring Drive.
8. Prior to the occupancy of any residential units, a five (5) foot high masonry wall shall be provided along the north property line. The masonry wall shall be setback a minimum of five feet from the north property line.
9. 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.
10. If determined to be appropriate by the City of Tucson Parks and Recreation Department at the time the subdivision plat is reviewed by the Community Design Review Committee (CDRC), a trail shall be developed within the 50 foot WASH Ordinance resource area of the Kinnison Wash. The trail shall connect with the on-site pedestrian circulation system and meet the requirements of the Comprehensive Plan Conceptual Trail System - Pima Country Trails Master plan.
11. A "fair disclosure statement" shall be in the development plan/tentative plat and final plat general notes to indicate that certain types of military air and ground-training activities occur at Davis-Monthan Air Force Base.
12. All outdoor lighting shall be directed down and away from residential parcels and public roadways and be as low in elevation as possible.
13. Archeological/cultural remains encountered during ground modification activities shall be mitigated in accordance with guidelines provided by the Arizona State Museum.
14. The U. S. Fish and Wildlife Service guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.
15. The Arizona Game and Fish Department guidelines regarding raptors, bats, Gila monsters, and special status plants and animals shall be followed.
16. All areas identified as NUOS or other designated open space are to be fenced off and protected prior to any on-site development activity.
17. "Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department.
18. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
19. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.
Four (4) approvals and 43 protests have been received. Sixteen (16) of the protests are within the 150 foot area, representing a 68.89 percent protest by area to the north and zero percent protest to the east, west, and south.
A three-fourths majority vote will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.
PUBLIC HEARING: ZONING (C9-95-21) LEVIS - SWAN ROAD, SR TO C-1, TIME EXTENSION AND CHANGE OF PRELIMINARY DEVELOPMENT PLAN
(a) Report from City Manager DEC11-00-734 WII
(b) Hearing to consider a request for a five-year time extension for the completion of rezoning conditions. Applicant: Gerald Hirsch, on behalf of the current property owner, Lucy Levis. A second request, for a change of preliminary development plan, is made by Stewart Jean on behalf of the prospective property owner, Park West Development. The rezoning site is located at the northwest corner of Camp Lowell Drive and Swan Road. The preliminary development plan is for an 88,202 square foot shopping center on 10.39 acres. 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 and change of preliminary development plan, subject to compliance with certain conditions of rezoning. The City Manager recommends the Mayor and Council approve the requested five-year time extension and change of preliminary development plan, subject to compliance with the conditions of rezoning provided below. (Added or amended conditions are noted in the left margin. Within the conditions new text is underscored, deleted text is
1. A development plan, 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.
PUBLIC HEARING: RINCON SOUTHEAST SUBREGIONAL PLAN AMENDMENT - HARRISON/I-10 LOW INTENSITY RURAL TO URBAN INDUSTRIAL
- The building exterior color, texture, and design shall be consistent with the guidelines outlined in the Design Review Guidelines of the Fort Lowell Historic District of the City of Tucson, December 3, 1992.
- The development plan shall include an internal pedestrian and bicycle circulation system that is also connected to public facilities, such as the public road system and the owner/applicant shall provide public access to the Rillito Creek Linear Park from the public sidewalk on the Swan Road right-of-way. The owner/developer shall dedicate an easement and shall construct improvements for such public access at a location approved by the City Engineer and the Pima County Flood Control District. If the existing easement through the development for Pima County maintenance is sufficient to provide such public access, the City Engineer may accept it.
- The development plan shall demonstrate how architectural elements are compatible with existing residential land uses, using the following techniques:
(1) West-facing balconies on, and upper-story windows, in buildings within 150 feet of the west property line shall be located to protect the privacy of adjacent residential uses.
(2) A variety of rooflines are to be incorporated in the development to break up building mass where building heights are in excess of 20 feet.
- All one-story units limited to 14 feet in height.
- All two-story units limited to 26 feet in height.
- The northern 4.7-acre portion of the rezoning site adjacent to the Creekside II subdivision is limited to a maximum of 62 units and 13.2 units per acre, as shown on the revised preliminary development plan dated October 24, 1995.
- A minimum 75-foot landscape /drainage area along the west property line adjacent to Creekside II residences. Landscape plan for this area to be reviewed by the five adjacent property owners and the President of the Creekside II Homeowners Association. A minimum building and vehicular use area setback of 50 feet is required in all other areas along the west property line, unless drainageway and landscaping buffers can be accommodated in less area, but in no case less than 25 feet.
- One-story units adjacent to the Creekside II subdivision located a minimum of 75 feet from the west property line with the parking lot located to the east of the one-story units, as shown on the revised preliminary development plan dated October 24, 1995.
- Two-story units directly to the east of the Creekside II subdivision located a minimum of 250 feet from the west property line, as shown on the revised preliminary development plan dated October 24, 1995.
- A minimum 75-foot landscape buffer between the Creekside II subdivision and parking areas outside the northern 4.7 acre portion of the rezoning site.
- A minimum of 150-foot setback between the Creekside II subdivision and the two-story units outside the northern 4.7 acre portion of the rezoning site.
- A minimum 30-foot building setback is required from the future north property boundary (after linear park dedication). The only permitted use in this area is a pedestrian/bicycle path and landscaping. Any existing Cottonwood trees within this area shall be preserved in place. No parking area or driveway is permitted. This area must be landscaped with native riparian vegetation as shown on the preliminary development plan.
- Outdoor storage areas or dumpsters shall not be located within 50 feet of the west property line.
- The installation of a minimum five-foot-high, graffiti-resistant, masonry wall along the western perimeter of the site with a five-foot-wide landscaped area on the west side of the wall and a twenty-foot-wide landscaped area on the east side of the wall as shown on the preliminary development plan. Utilize a combination of the following features that are consistent with the color and finish of the other structures on the site in the design of the wall.
(1) Decorative materials (e.g., tile, stone, brick, adobe, or wood), textured covering materials (e.g., stucco or plaster), or a combination of two or more materials.
(2) Colors that are predominant in the natural desert landscape.
(3) Variations in wall alignment, such as jogs, curves, or notches.
- An on-the-ground archaeological site survey shall be conducted prior to approval of a development plan. Results shall be provided with the submittal of the development plan. If archeological remains are discovered, an archeological mitigation plan shall be submitted with the development plan.
1. Incorporate "Safe by Design" concepts in the development plan, as approved through a Tucson Police Department review.
2. A landscape plan shall be submitted which includes a vegetation inventory that shows/explains how existing vegetation on site will be addressed. This landscaping plan shall include a balanced mix of canopy trees and understory plants, such as shrubs and ground cover. Perimeter canopy trees planted next to abutting residential uses or zones should reach 50 percent of their mature growth within two growing seasons and should be placed at intervals that ensure the canopies will touch at maturity. When site conditions permit, preserve or relocate trees that have a caliper of four inches or greater and mature native vegetation, such as saguaro, ocotillo, and barrel cacti. When site conditions do not allow such preservation or relocation, replace with trees or mature native vegetation of comparable size and density. The landscape edge along the Rillito Creek shall emphasize riparian vegetation.
3. All lighting shall be shielded and directed away from adjacent uses.
4. Grading of development parcels shall be limited to within four months of actual construction to protect wildlife habitats and to preclude the premature grading of parcels that may cause excessive rainwater runoff from sealed soil conditions. In addition, compliance is required with the guidelines for the handling of desert wildlife provided by the Game and Fish Department.
A drainage report is required which addresses acceptance of flows which cross the property from south to north at the Venice Avenue alignment. Prepare and submit for approval a detailed drainage report which addresses detention/retention and 5-year threshold retention. The twenty feet wide retention/ detention area shown at the west property line may not be sufficient to detain/retain developed runoff plus offsite flows entering the site from Swan Road and Camp Lowell Road. A drainage easement along the west side of this development and that to the north will be required to accept offsite flows and detention area(s) outflows which logically flow towards Creekside Wash.
Amended 6. Dedication of right-of-way, per the current MS&R Plan along
is required of a 90-foot right-of-way for Fort Lowell Road together with a 100-foot radius spandrel right-of-way at the northwest corner of Fort Camp Lowell Road Drive and Swan Road, as required.
7. Vehicular access shall be limited to five points along Swan Road and five points along Fort Lowell Road (three points on the north side and two points on the south side). Access to Swan Road is permitted south of Fort Lowell Road only with a deceleration lane. The nearest vehicular access point should be a minimum of 150 feet from the street corner.
8. The applicant/property owner is to participate in the Paving Improvement District for Fort Lowell Road and accept an assessment for 24 feet of permanent paving, the curb, and the sidewalk along the north and south project frontages. In addition, the applicant/property owner will be required to provide an additional 12 feet of pavement, the curb and the sidewalk on Fort Lowell Road. No building permits for the C-1 portion of this rezoning case shall be issued until these roadway improvements for Fort Lowell Road are complete.
9. Building permits for the residential portion of the project shall not be issued until such time as this portion of the Rillito Creek bank protection project is completed or setbacks in compliance with the Floodplain and Erosion Hazard District regulations are provided.
10. The owner/applicant is to improve Swan Road by adding 6 feet of additional pavement, new curb, and a 4-foot-wide sidewalk on the west side of Swan Road.
11. 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 12. Compliance
Five years are allowed to comply with all Code requirements and conditions of rezoning by January 8, 2001.
Added 13. Water harvesting techniques shall be used by first directing the roof and parking area drainage to designated landscape areas prior to release of the outflows at the northwest corner of the site. Design and construction of adequate drainage schemes will be provided to safely handle outflows from detention/retention basins.
Added 14. Provide a drainageway along the west property line of the Hacienda del Oro development to accept the outflow from this development. The drainageway shall be designed and constructed to terminate at the Creekside Wash.
Added 15. The rear and side facades of all buildings within the shopping center shall be designed consistently with the proposed design of the front façade. Detailed elevations in substantial compliance with the preliminary elevations shall be submitted at the time of development plan review by CDRC.
Added 16. A wall at least eight (8) feet high, measured from the loading dock floor elevation, is required for the two loading docks on the west side of the main building.
Added 17. Delivery hours for the main building limited to 7am to 7pm. Delivery trucks shall not be parked on the west side of the site during non-delivery hours.
Added 18. Landscaping along Swan Road shall be consistent with the residential development to the north.
Added 19. Provide a Traffic Impact Study Category II report, with a study horizon including both the opening year and five years after opening, for acceptance by the Traffic Engineering Division. The developer shall be responsible for completion of improvements to Swan Road and Camp Lowell Drive identified in the report.
Two (2) written approvals and 44 written protests have been received in this case. The protest is calculated based on the original rezoning site. The protests represent a six (6) percent protest by area to the west, and zero percent by area to the north, south, and east.
A simple majority vote of the Mayor and Council will be necessary to approve the proposed changes.
(a) Report from City Manager DEC11-00-742 WIV
(c) Resolution No. 18793 relating to planning and zoning; amending the Rincon/Southeast Subregional Plan.
The City Manager recommends that the Mayor and Council adopt the resolution presented amending the Rincon Southeast Subregional Plan Map Detail #4 Harrison/I-10 which changes the land use designation from Low Intensity Rural to Urban Industrial and deletes the Resource Conservation land designation from the amendment site.
APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
CALL TO THE AUDIENCE, for persons desiring to speak.
- Report from City Manager DEC11-00-730 CITY-WIDE
The next scheduled meeting of the Mayor and Council will be held on Monday, December 18, 2000, at 2:00 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.