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Mayor and Council Past Agendas

MAYOR AND COUNCIL STUDY SESSION AGENDA

Mayor and Council
Study Session Agenda


MAYOR AND COUNCIL CHAMBERS
(CITY HALL, 255 W. ALAMEDA, TUCSON, ARIZONA)
January 7, 2002
*** 1:45 p.m. ***

ESTIMATED DURATION

TOPICS

COMMENTS

10 mins.

1. Request for Civic Event Support for Climb to Conquer Cancer at "A" Mountain (City-Wide) SS/JAN7-02-1

REPORT/RECOMMENDATION

7 mins.

2. Boards, Commissions and Committees (City-Wide) SS/JAN7-02-4

 

7 min.

3. Mayor and Council Discussion of Regular Agenda (City-Wide) SS/JAN7-02-2

 

7 min.

4. Mayor and Council Discussion of Future Agendas (City-Wide) SS/JAN7-02-3

 

MAYOR AND COUNCIL REGULAR AGENDA

REGULAR MEETING

MONDAY, January 7, 2002 - 2:00 P.M.
MAYOR AND COUNCIL CHAMBERS
(CITY HALL, 255 W. ALAMEDA, TUCSON, ARIZONA)

1. ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION - Pastor Phil Kruis, Rincon Mountain Presbyterian Church

PLEDGE OF ALLEGIANCE - Mayor and Council, Staff and Public in Attendance

PRESENTATIONS

    (a) Proclamation - Proclaiming January 21, 2002 to be "Dr. Martin Luther King, Jr. Day"

    (b) Presentation of the 2001 Rabbi Albert T. Bilgray "Make a Difference" Award to William W. Altaffer, for outstanding civil rights leadership and lifelong advocacy

3. CITY MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS

    (a) Report from City Manager JAN7-02-1 CITY-WIDE

4. CALL TO THE AUDIENCE:

At this time, any member of the public is allowed to address the Mayor and City Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask the City Manager to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "call to the audience."

5. CONSENT AGENDA - ITEMS A THROUGH K

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 JAN7-02-6

    (b) LIQUOR LICENSE APPLICATION(S)

    New License(s)

    (1) THE GALLERI CAFE Staff Recommendation
    5305 E. Speedway Blvd.
    Applicant: Richard E. Proctor Police: In Compliance
    City #122-01, located in Ward 6 Planning: In Compliance
    Series #12 Business License: In Compliance
    Action must be taken by: January 19, 2002

    (2) MONTEREY MARKET Staff Recommendation
    4129 E. 29th Street.
    Applicant: William B. Billieros Police: DENIED
    City #123-01, located in Ward 5 Planning: In Compliance
    Series #10 Business License: In Compliance
    Action must be taken by: January 20, 2002
    Public Opinion: ONE PROTEST LETTER RECEIVED

    State law provides that, "In all proceedings before the governing body of a city… the applicant bears the burden of showing that the public convenience requires and that the best interest of community will be substantially served by the issuance of a license". (A.R.S. Section 4-201)

    Person/Location Transfer(s)

    (3) MONTEREY MARKET Staff Recommendation
    4129 E. 29th Street
    Applicant: William B. Billieros Police: DENIED
    City #124-01, located in Ward 5 Planning: In Compliance

    Series #9 Business License: In Compliance
    Action must be taken by: January 26, 2002
    Public Opinion: ONE PROTEST LETTER RECEIVED
    (APPLICANT HAS WITHDRAWN THE APPLICATION)

    For a Person to Person transfer of a number nine, the State Liquor Board will not hold a hearing to consider a protest of location or permit testimony against the location at a hearing scheduled to evaluate the personal qualifications of the applicant.

    (c) Special Event(s)

    (1) TUCSON MUSEUM OF ART Staff Recommendation
    140 N. Main Avenue
    Applicant: Charlie E. Bodden Police: In Compliance
    City #T136-01, located in Ward 1 Planning: In Compliance
    Date of Event: January 11, 2002

    (2) TUCSON MUSEUM OF ART Staff Recommendation
    140 N. Main Avenue
    Applicant: Charlie E. Bodden Police: In Compliance
    City #T137-01, located in Ward 1 Planning: In Compliance
    Date of Event: January 26, 2002

7. ZONING: (C9-01-22) NEW WORLD HOMES - HOUGHTON ROAD, SR TO R-1, ZONING EXAMINER'S REPORT

    (a) Report from City Manager JAN7-02-14 WIV

    (b) Report from Zoning Examiner dated December 14, 2001

    (c) Request to rezone approximately 12.5 acres of property located on the northwest corner of Old Spanish Trail and Houghton Road from SR to R-1 zoning. Applicant: The Planning Center on behalf of the property owner New World Homes. The preliminary development plan is for a 53 lot single-family residential subdivision utilizing the Residential Cluster Project option for a density of 4.24 units per acre. The Zoning Examiner recommends approval of R-1 zoning. The City Manager recommends approval of the request subject to the following conditions:

      1. A subdivision plat, in substantial compliance with the preliminary development plan and the Design Compatibility Report and Environmental Resource Report, is to be submitted and approved in accordance with Section 4.1.1 of the LUC, including, but not limited to:

        a. No vehicular access to Old Spanish Trail.

        b. Building setback of at least one hundred (100) feet from the northern boundary except it may be reduced to no less than seventy-five (75) feet along the western two hundred (200) feet.

          2. The owner/developer shall dedicate or verify the existence of the right-of-way, per the Major Streets and Routes Plan, including intersection widening, along Houghton Road and Old Spanish Trail.

          3. Exclusive left turn and right turn lanes exiting the site shall be provided.

          4. The following roadway improvements shall be installed:

            a. Southbound right turn lanes on Houghton Road at the entrance to the rezoning site and at Old Spanish Trail. Said improvements shall include necessary signal improvements to accommodate the right turn movements onto at Old Spanish Trail.

            b. A northbound left turn lane on Houghton road at the entrance to the rezoning site, or if adequate pavement width exists, appropriate restriping of existing pavement as needed.

            All of these improvements shall provide for bicycle facilities that are equivalent to the existing bicycle facilities. In no case shall the on street bike lanes be less than five (5) feet in width.

          5. In lieu of providing an additional through lane, curbs, and sidewalks on Houghton Road and Old Spanish Trail, or participating in a future improvement district for paving, sidewalks, and street lighting, the owner/developer shall provide funding in the amount of $150,450.00. Said funding shall be provided upon issuance of the first building permit.

          6. The local street cross-section within the subdivision shall be designed to accommodate on-street parking on one or both sides of the street.

          7. The location of any "No Parking" signs shall be disclosed by a note on the final plat and shall be shown on the tentative plat.

          8. A detailed hydrology and hydraulics report shall be prepared and submitted for approval. The report shall address both detention and 5-year threshold retention storage analysis/provision. The washes entering the site at the northeast corner and southwest corner shall not be disturbed or altered in anyway. Vegetation associated with these drainageways shall be preserved.

          9. Water harvesting techniques shall be utilized by directing all rooftop and lot runoff to streets where practical, prior to discharging into set aside drainage/open space landscape areas.

          10. The outflows from the drainage and retention areas shall be released into existing natural washes in such a manner that no adverse impacts are created to adjacent properties, upstream or downstream.

          11. All residential units shall be limited to single story construction.

          12. The multi-use trail along Old Spanish Trail shall be widened to twelve (12) feet to meet the current city and national standards. If insufficient right-of-way exists to affect this improvement without forcing the path closer to Old Spanish Trail, additional right-of-way to accommodate the path widening shall be provided by the developer.

          13. Natural vegetative buffers shall be provided on the south and east sides of the project at least thirty (30) feet in width except at the new street on Houghton Road. These buffers shall be entirely located on the subject property, not within the public right-of-way. These buffers shall be augmented if necessary to ensure that the subdivision is adequately screened from the Old Spanish Trail multi-use path.

          14. Vegetation, including canopy trees and shrubs, shall be planted along the perimeter and in the interior of the open space areas at the northern and southern portions of the site, to create "park-like" areas. Pedestrian access shall be provided a) from the south to the northern open space/retention area, b) from the on-site roadway to the southern open space area, and c) from the southern open space area to the multi-use path along Old Spanish Trail.

          15. Perimeter landscape areas, including the detention/retention area, shall be designated as common area and maintained by the homeowners association.

          16. The owner/developer shall construct the 1,020.7 foot segment of the Houghton Road Greenway which abuts the property.

          17. Any improvements in or adjacent to the Old Spanish Trail and Houghton Road rights-of-way shall be coordinated with and approved by the City Department of Transportation and the Parks and Recreation Department.

          18. Landscaping along and adjacent to the Old Spanish Trail and Houghton Road rights-of-way shall be designed to preserve and enhance views from the existing and proposed bicycle paths towards the site. View path analyses shall be provided with plat submittals to demonstrate compliance with these conditions.

          19. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. These screen walls 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.

          20. Any continuous wall greater than 75 feet in length and 3 feet in height visible from the public right-of-way shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

          21. An archaeological assessment and survey shall be performed by a qualified archaeologist before any grading or other ground modification takes place. If cultural features or remains are found, testing and data recovery shall be completed as needed. Copies of testing plans, testing reports, data recovery plans and final reports shall be submitted to and approved by the City Historic Preservation Office prior to construction work commencing. If, during construction, human remains and associated burial items are discovered, ground disturbing activities in the vicinity of the discovery will cease, the discovery site will be secured, and the Arizona State Museum will be immediately notified as required under A. R. S. 41-865.

          22. All areas identified as NUOS or other designated open space are to be fenced off and protected prior to any on-site development activity.

          23. The U. S. Fish and Wildlife Service guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.

          24. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.

          25. "Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department.

          26. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.

          27. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.

          One (1) written approval and three (3) written protests have been received. None of the protests are within the 150 foot area. The protests generally allude to traffic, density (too high), and grading.

          A simple majority vote will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.

8. ZONING: (C9-01-24) OREGANO'S - SPEEDWAY BOULEVARD, R-2 TO P, ZONING EXAMINER'S REPORT, ORDINANCE ADOPTION

    (a) Report from City Manager JAN7-02-15 WVI

    (b) Report from Zoning Examiner dated December 14, 2001

    (c) Request to rezone property located at the northeast corner of First Street and Arcadia Wash from R-2 to P. Applicant: Mark Russell doing business as Oregano's. The preliminary development plan is for a parking lot serving the existing restaurant fronting on Speedway Boulevard. The Zoning Examiner recommends approval. The City Manager recommends approval of the ordinance, 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. No access to First Street except for an opaque emergency gate.

      2. The owner/developer shall dedicate, verify the existence of, or record an irrevocable offer to dedicate the right-of-way, per the Major Streets and Routes Plan, along Speedway Boulevard.

      3. Curbs and sidewalks shall be installed or the existence of curbs and sidewalks verified along the Speedway Boulevard, Arcadia Avenue, and First Street frontages of the site. Any new sidewalks on Speedway Boulevard shall be six (6) feet in width while any new sidewalks on Arcadia Avenue or First Street shall be four (4) feet in width.

      4. A detailed hydraulics report addressing the Federal Emergency Management Agency (FEMA) floodplain delineation and detention/retention analysis shall be submitted and approved. A separate set aside area to store 5-year threshold retention volume is required.

      5. A minimum width of twenty (20) feet, measured from the top of the east bank of the Arcadia Wash, shall be set aside for reestablishment as a natural resource corridor. No fill shall be permitted in this area. Landscaping including canopy trees twenty-five (25) feet on center shall provide a visual buffer between the wash and the parking lot. The riparian vegetation and landscape restoration plan shall be approved by both the Transportation and Parks and Recreation Departments.

      6. Grades and topography of the parcel which existed in 1995 and which information was used in the Federal Flood Insurance Study (FIS) completed in 1996 shall not be altered. The proposed parking shall be constructed at approximately the same existing ground elevations.

      7. Water harvesting techniques shall be utilized by directing all rooftop and parking area drainage to landscape areas prior to discharging in the Arcadia Wash floodplain and/or street rights-of-way.

      8. Any fences or walls constructed within the 100-year floodplain limits of Arcadia Wash shall be approved by the Department of Transportation with regard to impact on water flow. In particular, the west thirty (30) feet of the wall along the south side of the property shall be open for at least sixteen (16) inches above grade.

      9. A landscape buffer at least ten (10) foot wide with canopy trees shall be provided adjacent to the First Street right-of-way. A six (6) foot high masonry wall shall be constructed on the north side of the landscape buffer. Emergency access to First Street shall be approved by the Fire Department through an opaque gate of the same height, color scheme, and design elements as the wall.

      10. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. These screen walls 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.

      11. Any continuous wall greater than 75 feet in length and 3 feet in height visible from the public right-of-way shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

      12. All outdoor pole and building lighting shall be directed down and away from residential parcels and public roadways and not exceed twelve (12) feet in height.

      13. All dumpsters and loading spaces shall be placed at least fifty (50) feet from residentially zoned or developed property except that the existing dumpster may remain in the area adjacent to Arcadia Wash.

      14. If archaeological features are found during project construction, testing and data recovery will be completed as needed. Copies of testing plans, testing reports, data recovery plans and final reports shall be submitted to and approved by the City Historic Preservation Office prior to construction work commencing. If, during construction, human remains and associated burial items are discovered, ground disturbing activities in the vicinity of the discovery will cease, the discovery site will be secured, and the Arizona State Museum will be immediately notified as required under A. R. S. 41-865.

      15. All areas identified as NUOS or other designated open space are to be fenced off and protected prior to any on-site development activity.

      16. New parking shall be integrated into the existing parking by removal of visual barriers between the existing and proposed parking areas and use of a unified landscaping and screening scheme for the entire expanded site.

      17. On-site parking after hours will be prohibited on the rear parking lot and shall be restricted by means of a physical barrier approved by the Police Department as part of its "Safe by Design" review.

      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.

      (d) Ordinance No. 9649 relating to zoning: amending zoning district boundaries in the area located on the northeast corner of First Street and Arcadia Wash in Case C9-01-24, Oregano's - Speedway Boulevard, R-2 to P (Ward 6); and setting an effective date.

      Three (3) written approvals and (0) zero written protests have been received.

      A simple majority vote will be necessary to adopt the ordinance presented.

9. ZONING: (C9-01-25) KEMMERLY COMPANY - CAMINO SECO, RX-1 TO R-1, ZONING EXAMINER'S REPORT

    (a) Report from City Manager JAN7-02-16 WII

    (b) Zoning Examiner's Report dated December 14, 2001

    (c) Request to rezone approximately 10.56 acres located on the southeast corner of Camino Seco and Wrightstown Road from RX-1 to R-1 zoning. Applicant: The Planning Center on behalf of the developer, the Kemmerly Company. The preliminary development plan proposes a 42-lot single-family subdivision utilizing the Residential Cluster Project option for a sensity of 3.98 units per acre. The Zoning Examiner recommends approval of R-1 zoning. The City Manager recommends approval, subject to the following conditions:

      1. A subdivision plat, in substantial compliance with the preliminary development plan and the Design Compatibility Report, is to be submitted and approved in accordance with Section 4.1.1 of the LUC, including, but not limited to:

        a. Pedestrian and vehicular access to Camino Seco and pedestrian and bicycle access to Day Road.

        b. At least fifteen (15) feet of landscaping outside the walls along the south property line.

        c. At least twenty (20) feet of landscaping outside the walls along the east side of the site.

        d. Maximum of four (4) building lots on the east edge of the site.

        e. Maximum of seven (7) building lots on the south edge of the site.

        f. All homes along the southern property line and on the first two tiers of lots along the eastern property line shall be limited to one-story in height.

      2. The owner/developer shall dedicate right-of-way for Wrightstown Road in accordance with the Major Streets and Routes Plan (excluding the intersection widening criteria) and for Camino Seco in accordance with City of Tucson engineering plans I-99-43.

      3. In lieu of providing an additional through lane, curbs and sidewalks on

      Camino Seco and Wrightstown Roads, or participating in a future improvement district for paving, sidewalks, and street lighting, the owner/developer shall provide funding in the amount of $102,000. This amount shall be reduced by the value, to be determined by an appraisal (not to exceed $102,000), of the additional (beyond the typical MS&R) Camino Seco right-of-way. Said value calculation shall be reduced by the Wrightstown Road MS&R Plan intersection widening requirement.

      4. The owner/developer shall provide the west curb and five (5) feet of additional pavement along the Day Road frontage of the property.

      5. A right turn deceleration lane and a left turn deceleration lane shall be provided at the Camino Seco access point.

      6. The local street cross-section within the subdivision shall be designed to accommodate on-street parking on one or both sides of the street.

      7. The location of any "No Parking" signs shall be disclosed by a note on the final plat and shall be shown on the tentative plat.

      8. A hydrology and hydraulics report including both detention and/or retention shall be submitted and approved. Provision of a 2-year threshold retention storage facility is required.

      9. Water harvesting techniques shall be extensively used by providing landscape areas throughout the subdivision and directing roof and development runoff to these areas prior to discharging into the street.

      10. A minimum ten (10) foot wide landscape buffer with canopy trees shall be provided adjacent to the street right-of-ways.

      11. Perimeter landscape areas, including the detention/retention area, shall be designated as common area and maintained by the homeowners association.

      12. The owner/developer shall work with the City of Tucson traffic engineers to minimize existing traffic impacts including techniques to reduce traffic of Day Road. The owner/developer may be required to build no more than three (3) speed control humps, to City of Tucson standards, along Day Road abutting the project site.

      13. No more than twelve (12) of the homes shall be two-story, and no two-story homes shall be adjacent to one another.

      14. Buildings will not exceed twenty-two (22) feet in height.

      15. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. These screen walls 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.

      16. Any continuous wall greater than 75 feet in length and 3 feet in height visible from the public right-of-way shall vary the wall alignment (jog,curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

      17. If archaeological features are found during project construction, testing and data recovery will be completed as needed. Copies of testing plans, testing reports, data recovery plans and final reports shall be submitted to and approved by the City Historic Preservation Office prior to construction work commencing. If, during construction, human remains and associated burial items are discovered, ground disturbing activities in the vicinity of the discovery will cease, the discovery site will be secured, and the Arizona State Museum will be immediately notified as required under A. R. S. 41-865.

      18. All areas identified as NUOS or other designated open space are to be fenced off and protected prior to any on-site development activity.

      19. The U. S. Fish and Wildlife Service guidelines regarding the Cactus Ferruginous Pygmy Owl shall be followed.

      20. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.

      21. "Safe by Design" concepts shall be incorporated in the subdivision plat for review by the Tucson Police Department.

      22. Any relocation, modification, etc., of existing utilities and/or public improvements necessitated by the proposed development shall be at no expense to the public.

      23. Five years are allowed in which to comply with all Code requirements and conditions of rezoning.

      Five (5) written approvals and sixteen (16) written protests have been received. Six (6) of the protests are within the 150 foot area, representing a 39.3 percent protest by area to the south, a 26.3 percent protest by area to the east, a 4.7 percent protest by area to the west, and a zero percent protest by area to the north. The protests generally allude to density, access, environmental concerns, views, and privacy.

      A three-fourths majority vote will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.

10. PUBLIC HEARING: ORIGINAL CITY ZONING (C15-97-05) FOR HACIENDA DEL RIO I ANNEXATION DISTRICT

    (a) Report from City Manager JAN7-02-19 WIII

    (b) Hearing on the establishment of original City zoning for the Hacienda del Rio I Annexation District. The property is approximately 6.73 acres located on the north bank of the Rillito river approximately 1,000 feet southwest of the intersection of River Road and Hacienda del Sol. The current County zoning is SR. The appropriate City zoning is SR. There is an existing County rezoning request, from County SR to County TR, within the district. The City Manager recommends that the Mayor and Council place County rezoning case Co9-95-22 Storms - River Road in an equivalent position in the City rezoning process, and adopt the ordinance establishing original City zoning of SR within the annexation district.

    (c) Ordinance No. 9650 relating to planning and zoning; establishing original City zoning for approximately 6.73 acres generally located on the north bank of the Rillito River approximately 1,000 feet southwest of the intersection of River Road and Hacienda del Sol, which was annexed to the City of Tucson by Ordinance No. 9624, adopted on November 19, 2001; and specifying an effective date.

11. PUBLIC HEARING: ORIGINAL ZONING (C15-97-06) FOR HACIENDA DEL RIO II ANNEXATION DISTRICT

    (a) Report from City Manager JAN7-02-20 WIII

    (b) Hearing on the establishment of original City zoning for the Hacienda del Rio II Annexation District. The property is approximately 9.33 acres located on the southwest corner of the intersection of River Road and Hacienda del Sol. The current County zoning is SR. The appropriate City zoning is SR. There is an existing County rezoning request, from County SR to County TR, within the district. The City Manager recommends that the Mayor and Council place County rezoning case Co9-95-22 Storms - River Road in an equivalent position in the City rezoning process, and adopt the ordinance establishing original City zoning of SR, and extending the Scenic Route designation for River Road, within the annexation district.

    (c) Ordinance No. 9651 relating to planning and zoning; establishing original City zoning for approximately 9.33 acres generally located southwest of the intersection of River Road and Hacienda del Sol, which was annexed to the City of Tucson by Ordinance No. 9625, adopted on November 19, 2001; amending the Major Streets & Routes Plan designating a portion of River Road as a Scenic Route; and specifying an effective date.

12. PUBLIC HEARING: ZONING (Co9-95-22) STORMS - RIVER ROAD, SR TO R-3 AND 0-3, CHANGE OF CONDITIONS AND PRELIMINARY DEVELOPMENT PLAN

    (a) Report from City Manager JAN7-02-17 WIII

    (b) Hearing on a request for a change to the approved conditions of rezoning and a change of preliminary development plan for property located at the southwest corner of River Road and Hacienda del Rio. Applicant: David H. Mason on behalf of property owners, Hacienda del Sol Partners, LLC. The preliminary development plan is for 218 apartment units consisting of two and three-story buildings on 12.1 acres and 54,500 square feet of office space of a 4.8 acres on a 16.9 acre overall development site. The overall development site is made up of two rezoning cases: the subject case, which was initiated in the County prior to annexation, and C9-01-10 Greene - River Road. The applicant is requesting that the conditions of C9-01-10 Greene - River Road, which were approved by Mayor and Council October 22, 2001, be applied to the county rezoning request. This change will allow both cases to be administered under one set of rezoning conditions. The City Manager recommends approval subject to the following conditions:

      1. A development plan, covering the overall project site, in substantial compliance with the preliminary development plan, Design Compatibility Report and Environmental Resource 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 twenty-four (24) feet in the following areas

          (1) Within thirty-two (32) feet of the south boundary of the overall project.

          (2) Within forty (40) feet of all other boundaries of the overall project measured as an average of each building.

        b. Minimum average building setbacks along the south property line of the overall project:

          (1) An average of twenty-five (25) feet for buildings 24 feet in height or less.

          (2) An average of forty (40) feet for buildings over 24 feet tall.

        c. Minimum of ten (10) feet of landscaping using native plants adjacent to the Rillito River Park.

      2. The owner/developer shall dedicate right-of-way, per the Major Streets and Routes Plan, for River Road, as required by the Traffic Engineering Division for improvements shown on Pima County Plan No. 4TRRCA (River Road, Campbell to Alvernon), but in no event shall the dedication exceed the thirty-five (35) feet indicated by the Major Streets and Routes Plan

      3. The owner/developer shall comply with the following transportation-related conditions.

        a. Installation of site-specific interim roadway and access improvements (acceleration/deceleration lanes) as determined by the City of Tucson.

        b. Installation and full funding of a temporary traffic signal at the intersection of River Road and Hacienda del Sol Road, if approved by Pima County, prior to issuance of a final certificate of occupancy for any building within the overall project. The City of Tucson will make available any spare traffic signal equipment that may be utilized at the time of the temporary installation to reduce the costs. The spare equipment will be returned to the City after installation of a permanent traffic signal by Pima County. The availability of spare equipment cannot be guaranteed. If the Owner does not install the temporary traffic signal then the Owner shall be responsible for any costs or expenses that the City may be required to pay for the installation of a permanent traffic signal.

        c. Proposed access to the overall project will require approval of the City of Tucson at the time of the submittal of a development plan or subdivision plat for any portion of the overall project. Access to River Road other than at Hacienda del Sol may be limited to right-turn-in, right-turn-out only.

        d. The owner/developer shall reimburse the City for expenses that may be required by Pima County for the improvements to River Road as shown on Pima County Plan No. 4TRRCA (River Road, Campbell to Alvernon). The expenses for the improvements to River Road shall not exceed the proportionate share for the one half of right-of-way of River Road adjacent to the Property

      4. A master drainage report shall be submitted for review and approval for the entire 16.94-acre site. The master drainage report shall address planning, design, and construction of a major drainage infrastructure that will drain most of the remaining undeveloped area runoff in this watershed and discharge it to the Rillito Creek. The cost of this infrastructure shall be paid for by the development(s).

      5. Water harvesting techniques shall be extensively utilized by directing all onsite runoff and parking area access lane runoff to landscape areas prior to discharging in a major or minor drainage facility draining this project and adjacent development(s).

      6. A minimum of fifty (50) feet shall be provided from top of bank to the property line, by additional dedication if necessary, for the Rillito River Park unless the current existing county-owned land is determined, by City of Tucson Parks and Recreation Department, to be sufficient to ensure continuity of the Rillito River Park design.

      7. The owner/developer shall prepare a landscape plan for the Rillito River Park where it is adjacent to the overall development site. The plan shall be submitted to both the City and County Parks Departments for review and approval. The plan shall incorporate delineated pedestrian access points along the Rillito River Park. Improvements per the plan shall be installed at no expense to the public.

      8. The owner/developer shall provide equestrian actuated detectors with the installation of the temporary signal at the intersection of Hacienda del Sol and River Road. If the temporary signal is not installed by the owner/developer, the owner/developer shall be responsible for the cost for equestrian actuated detectors if the City of Tucson is required by Pima County to pay that cost.

      9. The owner/developer shall provide or verify the existence of a recorded public access easement providing for a minimum twenty-five (25) foot wide equestrian trail corridor along the east property line of the overall development either on or off the development site. The equestrian trail corridor shall connect the trail crossing at Hacienda del Sol with the Rillito River Park.

      10. Any required or proposed masonry screen walls shall be constructed of, or painted with, graffiti-resistant materials. These screen walls 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.

      11. Any continuous wall greater than 75 feet in length and 3 feet in height visible from the public right-of-way or Rillito River Park shall vary the wall alignment (jog, curve, notch, or setback, etc.) and include trees or shrubs in the voids created by the variations.

      12. All outdoor pole and building lighting shall be directed down and away from residential parcels, the Rillito River Park, and public roadways and not exceed sixteen (16) feet in height.

      13. All new dumpsters and loading spaces shall be placed at least fifty (50) feet from residentially zoned or developed property.

      14. An archaeological assessment and survey shall be performed by a qualified archaeologist before any grading or other ground modification takes place. If cultural features or remains are found, testing and data recovery shall be completed as needed. Copies of testing plans, testing reports, data recovery plans and final reports shall be submitted to and approved by the City Historic Preservation Office prior to construction work commencing. If, during construction, human remains and associated burial items are discovered, ground disturbing activities in the vicinity of the discovery will cease, the discovery site will be secured, and the Arizona State Museum will be immediately notified as required under A. R. S. 41-865.

      15. Owner/developer shall observe all requirements and regulations of the Endangered Species Act, specifically including those that apply to the protection of the Cactus Ferruginous Pygmy Owl.

      16. The Arizona Game and Fish Department guidelines regarding raptors, bats, gila monsters, and special status plants and animals shall be followed.

      17. "Safe by Design" concepts shall be incorporated in the development plan 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. Compliance with all Code requirements and conditions of rezoning by September 19, 2003.

      One (1) written approval and zero (0) written protests have been received.

      A simple majority vote will be necessary to adopt an ordinance rezoning the subject property once the conditions of rezoning are met.

13. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

    (a) Report from City Manager JAN7-02-2 CITY-WIDE

14. CALL TO THE AUDIENCE

At this time, any member of the public is allowed to address the Mayor and City Council on any issue. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask the City Manager to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "call to the audience."

15. ADJOURNMENT

The next scheduled meeting of the Mayor and Council will be held on Monday, January 14, 2002, at 7:30 p.m. in the Mayor and Council Chambers, 255 West Alameda, Tucson, Arizona.

MAYOR AND COUNCIL CONSENT AGENDA

Mayor and Council
Consent Agenda

MONDAY, January 7, 2002 - 2:00 P.M.
MAYOR AND COUNCIL CHAMBERS
(CITY HALL, 255 W. ALAMEDA, TUCSON, ARIZONA)

A. ANNEXATION: HUGHES ACCESS ROAD/STATE LAND ANNEXATION DISTRICT

    (1) Report from City Manager JAN7-02-3 WV

    (2) Ordinance No. 9646 relating to annexation; extending and increasing the corporate limits of the city of Tucson, Pima County, Arizona pursuant to the provisions of Title 9, Chapter 4, Arizona Revised Statutes, by annexing thereto certain portions of Sections 32 and 33 of T. 15 S., R. 14 E. together with those portions of Sections 3, 4 and 5, T. 16 S., R. 14 E., G. & S. R. B. & M., Pima County, Arizona, more particularly described in the body of this ordinance and declaring an emergency.

B. INTERGOVERNMENTAL AGREEMENT: WITH ARIZONA OFFICE OF TOURISM FOR A STUDY BY THE UNIVERSITY OF ARIZONA ON THE ECONOMIC IMPACT OF THE MEXICAN VISITOR TO ARIZONA

    (1) Report from City Manager JAN7-02-8 CITY-WIDE

    (2) Resolution No. 19096 relating to intergovernmental agreements; approving and authorizing execution of an intergovernmental agreement between the Arizona Office of Tourism and the City of Tucson, Tucson-Mexico Trade Office; and declaring an emergency.

C. INTERGOVERNMENTAL AGREEMENT AMENDMENT: WITH ARIZONA DEPARTMENT OF ECONOMIC SECURITY FOR TITLE XX SOCIAL SERVICES BLOCK GRANT FUNDS

    (1) Report from City Manager JAN7-02-9 CITY-WIDE

    (2) Resolution No. 19092 relating to intergovernmental agreements; approving and authorizing execution of an amendment to the intergovernmental agreement with the Arizona Department of Economic Security for Title XX: Social Services Block Grant funds; and declaring an emergency.

D. LOAN AGREEMENT AMENDMENT: WITH METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT

    (1) Report from City Manager JAN7-02-18 CITY-WIDE

    (2) Resolution No. 19097 relating water; authorizing the execution of a payment modification agreement with Metropolitan Domestic Water Improvement District; and declaring an emergency.

E. INTERSTATE TELECOMMUNICATIONS: AMENDMENTS TO RIGHT-OF-WAY LICENSE AGREEMENTS WITH PF.NET NETWORK SERVICES CORPORATION, INC. AND AT&T COMMUNICATIONS OF THE MOUNTAIN STATES, INC.

    (1) Report from City Manager JAN7-02-5 CITY-WIDE

    (2) Ordinance No. 9647 relating to interstate telecommunications, authorizing the amendment to the non-exclusive right-of-way license pursuant to Tucson Code Chapter 7B-36 to PF.Net Network Services Corp., a Delaware Corporation.

    (3) Ordinance No. 9648 relating to interstate telecommunications, authorizing the amendment to the non-exclusive right-of-way license pursuant to Tucson Code Chapter 7B-36 to AT&T Communications of the Mountain States, Inc., a Colorado Corporation.

F. DEVELOPMENT/USE AGREEMENT: WITH THE BOYS AND GIRLS CLUB OF TUCSON TO CONSTRUCT A PLAY FACILITY AT JOAQUIN MURRIETA PARK

    (1) Report from City Manager JAN7-02-10 WIII

    (2) Resolution No. 19093 relating to parks and recreation; approving and authorizing the development/use agreement with Boys and Girls Club of Tucson to construct a play facility at Joaquin Murrieta Park; and declaring an emergency.

G. CONTRACT: WITH DREAMBUILDERS CHRISTIAN MINISTRY AND VOLUNTEER CENTER OF TUCSON FOR YOUTH DEVELOPMENT AND MENTORING SERVICES TO THE WESTSIDE COALITION OF NEIGHBORHOODS

    (1) Report from City Manager JAN7-02-11 WI

    (2) Resolution No. 19095 relating to police; approving and authorizing the Weed and Seed Service contracts with Dreambuilders Community Ministry and Volunteer Center of Tucson for youth development and mentoring services to the Westside Coalition of Neighborhoods; and declaring an emergency.

H. GRANT AGREEMENT: WITH THE ARIZONA AUTOMOBILE THEFT AUTHORITY FOR THE "WATCH YOUR CAR PROGRAM"

    (1) Report from City Manager JAN7-02-4 CITY-WIDE

    (2) Resolution No. 19091 relating to police; approving and authorizing the Arizona Automobile Theft Authority Public Awareness Grant Program; and declaring an emergency.

I. INTERGOVERNMENTAL AGREEMENT: WITH THE TOWN OF ORO VALLEY FOR THE PURCHASE OF REPLACEMENT TRANSIT VANS

    (1) Report from City Manager JAN7-02-12 CITY-WIDE

    (2) Resolution No. 19094 relating to intergovernmental agreements; approving and authorizing the intergovernmental agreement with the Town of Oro Valley for the purchase of replacement transit vans; and declaring an emergency.

J. PUBLIC IMPROVEMENTS: BROADWAY BOULEVARD, KOLB ROAD TO PANTANO ROAD DISTRICT LIGHTING IMPROVEMENT

    (1) Report from City Manager JAN7-02-7 WII

    (2) Report of Expiration of Protest Period

    (3) Resolution No. 19082. Resolution of the Mayor and Council of the City of Tucson, Arizona, overruling protests and ordering the improvement known as the "Broadway Boulevard, Kolb Road to Pantano Road District Lighting Improvement," in the City of Tucson, Arizona, and ordering the publication of a notice of the resolution ordering the work, and inviting sealed bids for making the improvement, all in accordance with the provisions of Title 48, Chapter 4, Article 2, Arizona Revised Statutes, and Amendments and Supplements thereto.

K. REAL PROPERTY: ACQUISITION OF RIGHT-OF-WAY FOR 12TH AVENUE AND VALENCIA INTERSECTION (CONTINUED FROM THE MEETING OF NOVEMBER 5, 2001)

    (1) Report from City Manager JAN7-02-13 WI

    (2) Resolution No. 19051 relating to real property; authorizing the City Manager to acquire by negotiation, and the City Attorney to condemn if necessary, certain real property for the 12th Avenue/Valencia Road intersection improvements; and declaring an emergency.

City Clerk's Office | Current Agenda


 

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