2. INVOCATION AND PLEDGE OF ALLEGIANCE
INVOCATION - Pastor David Green, Church of the Everlasting Gospel
PLEDGE OF ALLEGIANCE - Mayor and Council, Staff and Public in Attendance
3. CITY MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
(a) Report from City Manager MAY21-01-251 CITY-WIDE
4. CALL TO THE AUDIENCE, for persons desiring to speak.
5. CONSENT AGENDA - ITEMS A THROUGH E
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.
6. LIQUOR LICENSE APPLICATIONS
(a) Report from City Manager MAY21-01-259
(b) LIQUOR LICENSE APPLICATION(S)
New License(s)
(1) CHIHUAHUA CHARLIE'S Staff Recommendation
234 E. 22nd Street
Applicant: Carlos David Portillo Police: Denial
City #043-01, located in Ward 5 Planning: In Compliance
Series #12 Business License: In
Action must be taken by: June 12, 2001 Compliance
TWO PROTEST LETTERS RECEIVED
(c) SPECIAL EVENTS
(1) OUR MOTHER OF SORROWS CATHOLIC CHURCH Staff Recommendation
1800 S. Kolb Road Police: In Compliance
Applicant: Donald Joseph Wahl Planning: In Compliance
City # T043-01, located in Ward 4
Date of Event: June 1, 2001
June 2, 2001
June 3, 2001
(2) TUCSON MUSEUM OF ARTM Staff Recommendation
140 N. Main Avenue
Applicant: Charlie E. Bodden Police: In Compliance
City # T047-01, located in Ward 1 Planning: In Compliance
Date of Event: June 8, 2001
(3) TUCSON BREAKFAST LIONS CLUB Staff Recommendation
4823 S. 6th Avenue
Applicant: Sanford Nathaniel Shiff Parks: Review not complete
City # T046-01, located in Ward 5 Police: In Compliance
Date of Event: June 8, 2001 Planning: In Compliance
June 9, 2001
(4) SOUTH TUCSON LIONS Staff Recommendation
4823 South 6th Avenue
Applicant: Fernando Acevedo Parks: Review not complete
City # T049-01, located in Ward 5 Police: In Compliance
Date of Event: May 26, 2001 Planning: In Compliance
(5) PIMA AIR & SPACE MUSEUM Staff Recommendation
6000 East Valencia Road
Applicant: Michelle G. Conklin Police: In Compliance
City # T048-01, located in Ward 5 Planning: In Compliance
Date of Event: June 2, 2001
(d) PERMANENT/TEMPORARY EXTENSION OF PREMISES
(1) TAMALEZ AT LA PLACITA VILLAGE Staff Recommendation
110 S. Church Avenue
Applicant: Brenda Z. Silvas Police: In Compliance
City # EP27-01, located in Ward 6 Planning: In Compliance
Date of Event: June 2, 9, 16, 23 & 30, 2001
(2) KICKSTART GRILL Staff Recommendation
8987 E. Tanque Verde Road, Suite #335
Applicant: John W. Fahlberg Police: In Compliance
City # EP28-01, located in Ward 2 Planning: In Compliance
Date of Event: June 1, 2001
July 6, 2001
(3) FIRECRACKER BISTRO Staff Recommendation
2990 N. Swan Road
Applicant: Robert B. McMahon Police: In Compliance
City # EP29-01, located in Ward 2 Planning: In Compliance
Date of Event: June 2, 17, 23, & 30, 2001
July 21, 2001
August 4 & 18, 2001
September 1 & 15, 2001
7. ZONING: (C9-84-65) AREA 6 ANNEXATION, R-3 ZONING, CHANGE OF CONDITIONS OF ORIGINAL CITY ZONING AND ORDINANCE ADOPTION
(a) Report from City Manager MAY21-01-250 WII
(b) Request to make changes to conditions of the original City zoning for property located on the southwest corner of Broadway Boulevard and Vozack Lane within the Area 6 Annexation District. Applicant: Barbee Hanson of McGovern MacVittie Lodge & Associates on behalf of the property owners, Pulte Homes. The preliminary development plan is for 100 one-story single family units on 21.0 acres, a density of 4.8 units per acre. The Planning Department recommends the requested change of condition be approved subject to certain conditions. The City Manager recommends approval of the requested change of concept plan and change of condition, and adoption of the ordinance presented, subject to the following revised condition 9. (Amended conditions are noted in the left margin. Deleted text is strikethrough, new text is underlined:
Amended 9. For that 4.84 approximately 21 acre parcel zoned "C-1®" and "R-3®" located at the southwest corner on the south side of Broadway Boulevard between Harrison Road and Vozack Lane, the following restrictions also apply:
Amended a. The parking lots of the apartments will be lighted by low-level lighting. Substantial compliance with the preliminary development plan dated May 7, 2001.
Amended b. The apartments will be moved to the west and the entrances of Vozack Lane will be removed from the south end of the subject property to the middle of the subject property on its north /south dimension. Vozack Lane shall be improved with curbs, sidewalk and additional pavement as required to bring the street to current standards.
Amended c. The construction of the apartments will be done in such a way as to lessen any visual impact upon adjacent or nearby property owners. All coolers or refrigeration units are or other mechanical equipment shall to be hidden from view by placing said units behind parapet walls or on the ground. In addition, at the time of the construction of the apartments mature planting, consisting of Mesquite and Palo Verde Trees, will be placed along the south end of the property and along the east end of the property to the northernmost building which will be constructed on the property.
Amended d. No buildings will be built within 120 feet from the south end of the property. All structures limited to single-story.
Amended e. A de-acceleration lane will be constructed on Broadway so that traffic going east may pull off of the traveled lanes on Broadway to turn right into Vozack Lane. The owner/developer shall provide a Traffic Impact Study Category I. The report shall address the effect the proposed development will have on the surrounding transportation systems during the opening year of the completion of the development. The study is to include the intersections of Broadway Boulevard and Harrison Road, and Broadway and Vozack Lane, and any proposed access openings. The study will determine any traffic mitigation by the developers/owners, which will minimize any adverse conditions that the proposed development might produce. The report will be used to determine the need for pavement widening for deceleration lanes into the new access points.
Added f. Widen Harrison Road from Salvatore Place to Broadway Boulevard, matching the existing 46 foot width of pavement for three travel lanes and two bike lanes.
Added g. In lieu fees of $43 per linear foot shall be required to cover the cost of 17 feet of pavement, curb and sidewalk along the entire frontage of the project.
Added h. Provide a pedestrian link that connects the on-site pedestrian circulation system with the adjacent neighborhood commercial pedestrian circulation system. Link the interior pedestrian circulation system to Harrison Road at the northernmost cul-de-sac street. Width and type of pedestrian wall opening, lighting and landscaping at the boundary line between proposed subdivision and Harrison Road is to be reviewed by the Tucson Police Department for the "Safe by Design" requirements.
Added i. Provide and maintain at a minimum a stabilized, decomposed granite or earth tone asphalt pedestrian path utilizing such areas as; the 100-year floodplain wash area, common areas, and drainageways, to link the western and eastern pedestrian circulation systems. The pedestrian path within the 100-year floodplain wash area shall be designed to minimize disturbance to natural vegetation.
Added j. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials and 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. Enhance the visual appearance of any continuous wall along a street frontage greater than 75 feet in length and 3 feet in height, by varying the wall alignment (jog, curve, notch, or setback etc.) and include trees or shrubs in the voids created by the variations.
Added k. A five-foot masonry wall, along the full length of the southern boundary line, as approved by the Department of Transportation for floodplain issues.
Added l. A six-foot masonry wall, adjacent to the excluded parcel at the northwest corner of the development site.
Added m. The drainageway located east of the existing commercial use shall include canopy trees every twenty feet, along the full length of the eastern bank of the drainage way.
Added n. An archeological survey is required. Cultural resources identified in the survey shall be mitigated.
Added o. Any relocation, modification, etc. of existing utilities and/or public improvements necessitated by the proposed development will be at no expense to the public.
Added p. Prepare and submit for approval a detailed Hydrology and Hydraulics Report addressing both detention and retention. A 2-year Threshold Retention volume storage is required for the density requested for this Change of Use.
Added q. Water harvesting techniques shall be utilized by discharging the runoff in landscape areas.
Added r. Evaluate and delineate the one hundred (100)-year floodplain of Banff Wash. The area within the 100-year floodplain of Banff Wash shall be preserved as natural open space.
(c) Ordinance No. 9556 relating to zoning; amending the conditions of original City zoning in Case C9-84-65, Area 6 Annexation, R-3 Zoning; and declaring an emergency. (Ward 2)
The State Law governing calculation of approval/protest does not apply to ordinances establishing original City zoning. If any protests are received following public notice of this request to change the conditions of original City zoning, the calculation will be available at the Mayor and Council meeting.
A simple majority vote is required to adopt the ordinance presented.
8. ZONING: (C9-01-03) ASSISTANCE LEAGUE - ALVERNON WAY, R-3 TO C-1, ZONING EXAMINER'S REPORT
(a) Report from City Manager MAY21-01-252 WVI
(b) Report from Zoning Examiner dated May 4, 2001
(c) Request to rezone approximately 0.6 acres of property located on the southwest corner of Fairmount Street and Alvernon Way, from R-3 to C-1 zoning. Applicant: The Planning Center, on behalf of the property owners, Assistance League of Tucson Inc. The preliminary development plan is for a 6,120 square foot retail building. The Planning Department and the Zoning Examiner recommend approval of C-1 zoning. The City Manager recommends approval of C-1 zoning, subject to the following conditions:
1. A development plan, in substantial compliance with the preliminary development plan and the Design Compatibility Report, is to be submitted and approved in accordance with Section 5.3.8 of the LUC, including, but not limited to:
a. Maximum building height of sixteen (16) feet and one story.
b. No drive-through service.
c. A masonry wall at least six (6) feet high along the south property line.
d. All primary commercial activities limited to within an enclosed building.
e. No direct access to Fairmount Street.
2. The owner/developer shall dedicate right-of-way, per the Major Streets and Routes Plan, along Alvernon Way as required.
3. In lieu of participation in a future improvement district for paving and sidewalk, the owner/developer shall be required to cover the cost of twelve (12) feet of pavement along the Alvernon Way frontage of the project. This is due to the Major Streets and Routes Plan cross section being six-lane divided and the existing cross section being a five-lane cross section. This fee has been determined to be twenty-three (23) dollars per linear foot.
4. The existing access driveway at Fairmount Street shall have a "Right Turn Only" sign.
5. Any existing unused driveways along the site frontage shall be closed at no expense to the City.
6. A detailed hydrology and hydraulic analysis of the entire retail site (existing and the proposed 0.6 acre) shall be submitted and approved. The report shall address both detention and threshold retention for the entire site. The report shall address the impact of flows in Alvernon Way. An encroachment analysis is required to safely establish the various grades on the site for parking and the building.
7. Water harvesting techniques shall be utilized by directing the roof and parking area drainage into the landscape areas prior to discharging them into a separate set aside 5-year threshold retention area.
8. The development on the site shall not create any adverse impact to adjacent properties including the public facilities. The drainage outflows across north and west property lines shall not be altered in terms of peak discharge or volume. All drainage shall exit the parcel in the same manner as it currently exits prior to the proposed development. Masonry walls shall be designed to permit the flow of storm water as necessary to meet these requirements.
9. A Floodplain Use Permit shall be required prior to commencement of any grading within the 100-year flood hazard area and erosion hazard setback area on the site. The owner/developer shall participate in the construction cost of any improvements in Alvernon Way.
10. 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.
11. Limit primary activities on site to 7:00 AM to 10:00 PM.
12. Site design is to have spatial, mass, scale, and height elements that will harmonize with surrounding residential and nonresidential uses. Side and rear building facades shall be designed with attention to architectural character and detail comparable to the front façade. Exterior facades shall be designed with materials and architectural detail typical of high-density residential and residentially-scaled office development. Exterior building and structure colors shall be earth tone.
13. Signs shall be compatible with the landscape plan and reflect the architectural style or theme of the proposed development.
14. The development plan submittal to CDRC shall include elevation drawings of all structures and free-standing walls and fences, showing colors and materials to be used.
15. All outdoor lighting shall be directed down and away from residential parcels and public roadways and be a maximum of sixteen (16) feet high measured to the light source.
16. All new dumpsters and loading spaces shall be placed at least fifty (50) feet from residentially zoned or developed property except that loading spaces may be within 50 feet of the portion of the PAAL (parking area access lane) adjacent to the non-residential use to the south.
17. Archeological/cultural remains encountered during ground modification activities shall be mitigated in accordance with guidelines provided by the Arizona State Museum.
18. "Safe by Design" concepts shall be incorporated in the development plan for review by the Tucson Police Department.
19. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
20. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.
No approvals and two (2) protests have been received. One of the protests is within the 150 foot area, representing a 18.57 percent protest by area to the north.
A simple majority vote will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.
9. ZONING: (C9-01-01) TM CARE - WYATT DRIVE, R-1 TO O-3, ZONING EXAMINER'S REPORT
(a) Report from City Manager MAY21-01-253 WII
(b) Report from Zoning Examiner dated May 4, 2001
(c) Request to rezone property located on the west side of Wyatt Drive approximately 300 feet south of Glenn Street, from R-1 to O-3 zoning. Applicant: Planning Resources on behalf of the property owners, TM Care. The preliminary development plan is for a one-story hospice for 32 persons in nine buildings totaling 22,000 square feet and a 45,000 square foot medical records facility for the Tucson Medical Center. The Planning Department and the Zoning Examiner recommend approval of O-3 zoning. The City Manager recommends approval of O-3 zoning, subject to the following conditions:
1. A development plan, in substantial compliance with the preliminary development plan and the Design Compatibility Report, is to be submitted and approved in accordance with Section 5.3.8 of the LUC, including, but not limited to:
a. A minimum building setback of twenty-four (24) feet from the north and west property lines.
b. A minimum building setback of twenty-eight (28) feet from the south property line.
c. Maximum height of sixteen (16) feet for the hospice, including all mechanical equipment and parapets.
d. A maximum building height of sixteen (16) feet for that portion of medical records storage facility within at least one hundred twenty (120) feet from the west property line and a maximum building height of nineteen (19) feet for the remainder of the building, including all mechanical equipment and parapets.
e. A masonry wall at least five (5) feet high and canopy trees along the west and north property lines.
f. Buildings to be of other than metal construction and all mechanical equipment to be screened.
2. A drainage report shall be submitted for review and approval, including retention/detention calculations/requirements. Five-year threshold retention will be required, and floodplain use permit shall be required prior to any grading on the site.
3. Water harvesting techniques shall be utilized to mitigate the impact of the addition runoff. All roof drain discharges and parking area access lane drainage shall be directed to water harvesting areas, prior to outletting into the retention/detention basin.
4. 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. The west wall shall reflect the design characteristics of the Glenn Heights Neighborhood walls.
5. The required wall on the west side of the property shall be located at least ten (10) feet inside the property line as shown on the preliminary development plan dated March 23, 2001, and shall be designed so walls, trees and shrubs do not interfere with the required turning radius of solid waste and utility vehicles.
6. All outdoor lighting shall be directed down and away from residential parcels and public roadways and be as low in elevation as possible.
7. All new dumpsters and loading spaces shall be placed at least fifty (50) feet from residentially zoned or developed property.
8. The owner/developer shall install a six-foot wide stabilized decomposed granite path connecting to the Towner Street pedestrian path on the west, crossing the site and connecting with the existing sidewalk along Wyatt Drive. Wyatt Drive shall be striped at the trail location.
9. Archeological/cultural remains encountered during ground modification activities shall be mitigated in accordance with guidelines provided by the Arizona State Museum.
10. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.
11. "Safe by Design" concepts shall be incorporated in the development plan for review by the Tucson Police Department.
12. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.
13. All construction access will be from Glenn or Wyatt and shall not use the alley to the west.
14. Building construction hours shall be from 6:00 a.m. to 6:00 p.m., Monday through Friday, unless concrete must be poured in the summer months.
15. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.
Sixteen approvals and nineteen protests have been received. Eleven protests are within the 150 foot area, representing a 9.43 percent protest by area to the south and an 81.48 percent protest by area to the west.
A three-fourth majority vote will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.
10. WATER: APPROVING THE UPDATED TUCSON WATER FINANCIAL PLAN FOR FISCAL YEARS 2001 - 2006
(a) Report from City Manager MAY21-01-254 CITY-WIDE & OUTSIDE CITY
(b) Resolution No. 18904 relating to Tucson Water: Approving and authorizing the Tucson Water Financial Plan for the period from Fiscal Year 2001 to Fiscal Year 2006, and to an increase in water rates charged by the City of Tucson.
11. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
(a) Report from City Manager MAY21-01-256 CITY-WIDE
12. CALL TO THE AUDIENCE, for persons desiring to speak.
13. ADJOURNMENT
The next scheduled meeting of the Mayor and Council will be held on Monday, June 4, 2001, at 2:00 p.m., in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.
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