(a) Report from City Manager MAY7-01-238
(b) LIQUOR LICENSE APPLICATION(S)
New License(s)
(1) CHUY’S MESQUITE BROILER
8995 E. Tanque Verde Road
Applicant: Christopher Mark Evenson
City #038-01, located in Ward 2
Series #12
Action must be taken by: May 26, 2001
Staff Recommendation
Police: In Compliance
Planning: In Compliance
Business License: In Compliance
(2) FROG & FIRKIN
874 E. University Blvd.
Applicant: Garrett John Raetzman
City #037-01, located in Ward 6
Series #12
Action must be taken by: May 26, 2001
Staff Recommendation
Police: In Compliance
Planning: In Compliance
Business License: In Compliance
Person and Location Transfer(s)
(3) FEAST
4122 E. Speedway Blvd.
Applicant: Douglas Marc Levy
City #039-01, located in Ward 6
Series #7
Action must be taken by: May 28, 2001
Staff Recommendation
Police: In Compliance
Planning: In Compliance
Business License: In Compliance
ONE PROTEST LETTER RECEIVED
TWO LETTERS IN FAVOR RECEIVED
(c) SPECIAL EVENTS
(1) OUR LADY QUEEN OF ALL SAINTS
CATHOLIC CHURCH
2915 E. 36th Street
Applicant: Edna Lindquist
City # T038-01, located in Ward 5
Date of Event: May 19, 2001
Staff Recommendation
Police: In Compliance
Planning: In Compliance
(2) MAT BEVEL INSTITUTE
530 N. Stone Avenue
Applicant: Ned W. Schaper
City # T039-01, located in Ward 6
Date of Event: May 11, 2001
Staff Recommendation
Police: In Compliance
Planning: In Compliance
(3) TUCSON BREAKFAST LIONS CLUB
4823 S. 6th Avenue
(Rodeo Park)
Applicant: Sanford Nathaniel Shiff
City # T041-01, located in Ward 5
Date of Event: May 19, 2001
Staff Recommendation
Police: In Compliance
Planning: In Compliance
Parks & Recreation: In Compliance
(4) SANTA CRUZ CHURCH
29 W. 22nd Street
Applicant: Sandra Marie Durazo
City # T042-01, located in Ward 5
Date of Event: May 11, 2001
May 12, 2001
Staff Recommendation:
Police: In Compliance
Planning: In Compliance
May 13, 2001
(d) EXTENSION OF PREMISE(S)
There are no extension of premise liquor license applications for this meeting.
7. PUBLIC IMPROVEMENT: WILMOT ROAD, BROADWAY BOULEVARD TO GOLF LINKS ROAD DISTRICT LIGHTING IMPROVEMENT
(a) Report from City Manager MAY7-01-229 WIV
(b) Declaration of bids received by the City Clerk on April 17, 2001. Recommendation for award of contract provided by the Superintendent of Streets.
(c) Award of Construction Contract to Pavex Corporation.
8. ZONING: (C9-00-39) MAR & ROTHSCHILD & YOUNG - BROADWAY BOULEVARD, SR AND R-2 TO C-1 AND C-2, ZONING EXAMINER'S REPORT
- Vehicular and pedestrian integration with the existing shopping center on the northwest corner of Broadway and Pantano Road.
- A 200-foot building setback, a landscaped area and an eight-foot high wall along the north property line, as shown on the preliminary development plan dated March 6, 2001.
- A 100-foot building setback and 20-foot landscaped area along the western property line adjacent to the Pantano Riverpark.
- Public address system(s) oriented away from the Pantano Riverpark and adjacent residential areas.
- All gound level mechanical equipment to be screened and setback at least 200 feet from the western property line.
(a) Report from City Manager MAY7-01-233 WII
(b) Report from Zoning Examiner dated April 13, 2001
(c) Request to rezone approximately 24.95 acres of property located north of Broadway Boulevard between the Pantano Wash and Pantano Road and surrounds an existing C-1 zoned shopping center on the corner of Pantano Road, from SR and R-2 to C-1 and C-2. Applicant: The Planning Center, on behalf of the property owners, Mar Enterprises Inc., Lowell Rothschild, and Jon Young Jr. The preliminary development plan is for 217,810 square feet of retail and restaurants including a 160,000 square foot building for a Home Depot. An additional 29,571 square feet of buildings on 7.35 acres on the Broadway frontage will remain C-1. The Planning Department and Zoning Examiner recommend approval of C-1 and C-2 zoning. The City Manager recommends approval of C-1 and C-2 zoning, subject to the following conditions.
1. A development plan and subdivision plat covering the entire rezoning site and the existing C-1 zoned vacant properties adjacent to the south of the rezoning site, both in substantial compliance with the preliminary development plan dated March 6, 2001, the Design Compatibility Report, and the Environmental Resource Report are to be submitted and approved in accordance with Sections 5.3.8 and 4.1.1 of the LUC, including, but not limited to:
2. The owner/developer shall dedicate right-of-way, per the Major Streets and Routes Plan, along Broadway Boulevard and Pantano Road, as required.
3. The owner/developer shall build and stripe, or provide in lieu fees to cover the cost of seventeen (17) feet of pavement (one 12-foot vehicle lane plus one 5-foot bicycle lane) along the Pantano Road frontage of the project. In lieu fees shall be required to cover the cost of five (5) feet of pavement (one bicycle lane) along the Broadway frontage of the project. The fees for the additional pavement are twenty-three dollars ($23) per linear foot for 17 feet and $6.75 per linear foot for 5 feet.
4. The owner/developer shall install a six (6)-foot wide sidewalk along the Broadway Boulevard and Pantano Road frontages of the project along with appropriate transitions to any existing sidewalks.
5. No Left turns will be permitted out of the proposed access opening on to Broadway Boulevard. Depending on the Traffic Impact Study, a left turn from Broadway into the access opening may be permitted if proper storage length is provided. The study will need to address impact to the existing development's access movements on the opposite side of Broadway from the proposed access opening and provide mitigation to alleviate any conflicts.
6. The developer shall agree to vehicular and pedestrian cross-access on this site and is encouraged to secure a cross access agreement with the adjoining shopping center on Broadway Boulevard
7. No future traffic signal shall be permitted for the proposed access driveway and the existing shopping center east of the site at Broadway Boulevard.
8. The owners/developers shall design and improve the intersection of Broadway Boulevard and Pantano Road, providing for an additional eastbound left turn lane if substantiated by the approved Traffic Impact Study.
9. The developers shall provide improvements to Pantano Road and Broadway Boulevard to provide right turn deceleration lanes for the proposed openings.
10. A Traffic Impact Study is required. The study is to include the intersections of Speedway and Pantano, Fifth Street and Pantano, and Broadway and Prudence, analyzing what impact the site will have at present, during the opening year, and five years after the opening of the site.
11. The developer shall design and build a traffic signal at the proposed access driveway at Pantano Road. The type and design of the signal shall be similar to the traffic signal on Anklam Road at the Pima College West Campus. The signal is designed with a free flow thru movement which requires only one direction of the Pantano Road traffic to stop.
12. A SunTran bus shelter shall be provided on Broadway Boulevard west of the proposed opening if determined necessary by TDOT in consultation with SunTran.
13. The principal access to the residential subdivision to the northwest of the rezoning site shall be separate from the access to the commercial development (but may share a common entry off of Pantano Road). A maximum of four (4) access points to the commercial development is permitted from this PAAL. The geometry of these access points will be designed to prevent truck traffic, and the PAAL will be signed "No Trucks" or similar. Street landscape borders shall be provided on both the north and south sides of the PAAL. Use of a distinguishing plant palette is encouraged. A 30- inch tall masonry wall shall be provided within the south street landscape border. A four (4) foot wide sidewalk shall be provided on at least one side of the PAAL.
14. A detailed hydrology and hydraulics report shall be submitted and approved, including retention/detention calculations/requirements. The report shall include drainage analysis of the existing commercial parcel along Broadway Boulevard. Any detention waiver shall be supported by a detailed analysis.
15. All roof drainage and parking area discharges shall be directed to a designated landscaped area prior to discharging in the Pantano Wash. All development discharges shall be first directed to landscape areas in a sheet flow manner, prior to discharging into the Pantano Wash.
16. No concentrated drainage discharges shall be conveyed across the linear park along the Pantano Wash.
17. Offsite flows shall be accepted and conveyed across the development such that no adverse conditions are created to adjacent properties to the north and south. A twenty (20) foot access and maintenance easement with a narrow water harvesting area shall be provided along the north bank of the existing channel at the south property line.
18. Water harvesting areas shall be provided along the perimeter of the parcel, adjacent to the south, north, and west property lines to accept and diffuse the erosive effect of post development runoff generated by this development . A five (5) year threshold retention shall be provided which will be directed to the water harvesting areas.
19. No disturbance or alteration to the soil cement bank protection along Pantano Wash shall be permitted.
20. All off-site flows from Pantano Road and Broadway Boulevard shall be accepted by the development and safely drained to a logical point of conclusion.
21. The cost of the box culvert across the existing channel for the access road shall be paid for by the developer of the subject site.
22. The owner/developer shall dedicate a developable corridor a minimum of fifty (50) feet in width along the eastern bank of the Pantano Wash (measured from the top of the bank protection east) to Pima County Flood Control District for the Pantano Riverpark.
23. The owner/developer shall participate in an improvement district or construct the segment of the Pantano Riverpark within the corridor to be dedicated. The segment shall include a fourteen (14)-foot wide asphaltic path built to Pima County/City of Tucson Riverpark specifications and the installation of native landscaping.
24. The owner/developer shall provide improved access to and construct a minimum 0.22 acre public staging area and trailhead for the Pantano Riverpark capable of accommodating at least 20 cars subject to an exchange for an existing City-owned parcel on the project site. Directional signage, approved by the City of Tucson Parks and Recreation Department will be provided on both Pantano Road and Broadway Boulevard. Hours of operation of the Riverpark corridor and trailhead facility shall be determined by the City of Tucson Parks and Recreation Department in conjunction with Pima County Flood Control and the Pima County Parks and Recreation Department.
25. Development design shall include the use of naturally appearing materials and colors predominant in the surrounding landscape, such as desert and earth tones. Building facades at rear and sides shall be designed with attention to architectural character and detail comparable to the front facade, particularly if rear and side facades are visible from streets, linear parks or adjacent residential properties.
26. Building facades visible from the Riverpark, adjacent residential properties, or public rights-of-way shall be articulated using the following methods. If the facade is over one hundred (100) feet in length, wall projections or recesses at least three (3) feet in depth shall be provided for each one hundred (100) feet of length. These shall encompass at least twenty (20) percent of the façade. Features such as arcades, display windows, and entry awnings shall cover at least sixty (60) percent of the façade.
27. Variation of rooflines shall be included in buildings visible from the Riverpark, adjacent residential properties, or public rights-of-way. Methods such as three-dimensional cornice treatments, parapet wall details, or overhanging eaves shall be used to reduce the apparent scale. Development plan submittals shall include elevation drawings of all structures and free-standing walls, showing the colors and materials to be used.
28. The site shall provide convenient and appropriately lighted pedestrian access from the surrounding neighborhood (apartments, mobile home park, and single-family subdivision) to the north, the adjacent existing shopping center to the south, the C-1 portion of this project, Pantano Wash, and Pantano Road. These routes shall provide gateway design, landscape treatment, and security lighting. Pedestrian breaks shall be placed in walls greater than seventy-five (75) feet in length. Two or more of the following public pedestrian amenities shall be provided along the pedestrian circulation system: plazas and courtyards, pedestrian seating areas, public art and fountains, pocket parks and play areas, shaded transit stops, and information kiosks.
29. 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.
30. All outdoor lighting shall be directed down and away from residential parcels and public roadways and be as low in elevation as possible. All outdoor lighting within 200 feet of the north property line shall be no more than 20 feet in height, measured to the light source.
31. All new dumpsters and loading spaces shall be placed at least 200 feet from residentially zoned or developed property.
32. 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.
33. All areas identified as NUOS or other designated open space are to be fenced off and protected prior to any on-site development activity.
34. The U. S. Fish and Wildlife Service guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.
35. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.
36. The rezoning site shall be subject to the requirements of the City of Tucson Landfill Ordinance No. 8852.
37. "Safe by Design" concepts shall be incorporated in the development plan for review by the Tucson Police Department.
38. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
39. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.
Seven (7) approvals and four (4) protests have been received. The protests are from the adjoining shopping center and refer to a lack of cooperation and consideration for the adverse impact the proposed shopping center will have on existing shopping center.
A three-fourths majority vote will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.
9. ZONING: (C9-99-03) CROCE - 22ND STREET, C-1 TO C-2, ORDINANCE ADOPTION
(a) Report from City Manager MAY7-01-234 WII
(b) Request to rezone property located on the northeast corner of 22nd Street and Sarnoff Drive from C-1 to C-2 zoning. Applicant: Gus W. Chonis. The approved development plan is for a one-story 7,777 square-foot building on 0.58 acres. The City Manager recommends adoption of the ordinance presented.
(c) Ordinance No. 9552 relating to zoning: Amending zoning district boundaries in the area located on the northeast corner of 22nd Street and Sarnoff Drive in case C9-99-03, Croce - 22nd Street, C-1 to C-2. (Ward 2).
Four (4) written approvals and zero written protests have been received for this case.
A simple majority vote will be necessary to adopt the ordinance presented.
10. ZONING: (C9-00-17) ROBERTS - WRIGHTSTOWN ROAD, SR TO RX-2, ZONING EXAMINER'S REPORT
(a) Report from City Manager MAY7-01-235 WII
(b) Report from Zoning Examiner dated April 20, 2001
(c) Request to rezone approximately 6.6 acres of property located on the north side of Wrightstown Road approximately 2,025 feet east of Pantano Road, from SR to RX-2. Applicant: Ms. Kiley Roberts. The preliminary development plan is for a seven (7) lot single-family subdivision including one existing residence utilizing the Residential Cluster Project (RCP) option for a density of 1.06 units per acre. The Planning Department and Zoning Examiner recommend approval of RX-2 zoning. The City Manager recommends approval of RX-2 zoning, subject to the following conditions.
1. A subdivision plat, in substantial compliance with the preliminary development plan dated March 6, 2001, Design Compatibility Report (DCR) and Environmental Resource Report (ERR), is to be submitted for review and approval in accordance with Section 4.1.1 of the LUC, including, but not limited to:
a. No development within the 100-year floodplain of the Tanque Verde Wash except for the minimum required for the sewer connection.
b. All buildings restricted to one story.
c. Supplemental vegetative screening shall be provided along the east and west property lines as shown on the preliminary development plan dated March 6, 2001.
2. The owner/developer shall dedicate right-of-way on Wrightstown Road as required per the Major Streets and Routes Plan.
3. The owner/developer shall provide additional pavement widening on Wrightstown Road to provide for both left turns and right turn deceleration/acceleration lanes serving the proposed development. Turn lane improvements shall be installed prior to the release of assurances and transfer of title for the fourth lot.
4. The owner/developer shall provide in lieu fees to cover the cost of seventeen (17) feet of pavement, curb, and sidewalk along the frontage of the project.
5. The owner/developer shall dedicate the floodway area of the Tanque Verde Creek to the Pima County Flood Control District.
6. A fifty (50) foot wide corridor measured from the southern floodway limit line of the Tanque Verde Creek shall be preserved and set aside as a public drainage easement/linear park.
7. The owner/developer shall provide a thirty (30) foot wide sewer, drainage, and pedestrian access easement from the end of the new street to the existing sewer easement south of the Tanque Verde Creek. This easement can be reduced to twenty (20) feet with the concurrence of Pima County Wastewater Management and the City Engineer. Bollards or other barriers shall be placed to prevent vehicular usage other than required for maintenance. The existing dirt road shall be re-vegetated.
8. All existing riparian habitat within the 100-year floodplain of Tanque Verde Wash shall be preserved in place terry except as required for linear park and utility needs.
9. A drainage report shall be submitted for review and approval, including retention/detention calculations/requirements.
10. Water harvesting techniques shall be utilized by conveying rooftop, parking area access lane (PAAL), and parking area drainage to designated water harvesting areas.
11. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. Those screen walls adjacent to 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.
12. 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.
13. All areas identified as open space are to be fenced off and protected prior to any on-site development activity.
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. "Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department.
17. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
18. Five years are allowed to comply with all Code requirements and conditions of rezoning.
Seven (7) written approvals and 17 written protests have been received. Fourteen (14) protests are within the 150 foot area, representing a 38.92 percent protest by area to the west, a 32.88 percent protest by area to the south, a 5.0 percent protest by area to the east, and zero percent to the north.
A three-fourths majority vote will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.
11. ZONING: (C9-99-07) AAA AUTO RENTALS - GRANT ROAD, R-2 TO C-2, ORDINANCE ADOPTION
(a) Report from City Manager MAY7-01-236 WVI
(b) Request to rezone property located approximately 140 feet south of Grant Road and approximately 385 feet east of Country Club Road. Applicant: Steve Shields of Interteck Architectural Interiors. The development plan proposes expansion of an existing auto sales business at 3150 East Grant Road and the addition of a five (5) bay auto repair facility on 0.5 acres. The City Manager recommends adoption of the ordinance presented.
(c) Ordinance No. 9553 relating to zoning: Amending zoning district boundaries in the area located approximately 140 feet south of Grant Road and approximately 385 feet east of Country Club Road in case C9-99-07, AAA Auto Rental - Grant Road, R-2 to C-2. (Ward 6).
Five (5) written approvals and seven (7) written protests have been received for this case. Six (6) protests are located within the 150 foot notice area resulting in a protest by area of 71.8 percent by area to the east, 10.6 percent by area to the south, 9.6 percent by area to the west, and 1.4 percent by area to the north
A three-fourths majority vote will be necessary to adopt the ordinance presented.
12. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
(a) Report from City Manager MAY7-01-223 CITY-WIDE
13. CALL TO THE AUDIENCE, for persons desiring to speak.
14. ADJOURNMENT
The next scheduled meeting of the Mayor and Council will be held on Monday, May 14, 2001, at 7:30 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.
