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Plan Number: T08SE00045
Parcel: Unknown

Address: Unknown

Review Status: Active

Review Details: REZONING - ZE HEARING

Plan Number - T08SE00045
Review Name: REZONING - ZE HEARING
Review Status: Active
Review Date Reviewer's Name Type of Review Description Status Comments
11/06/2008 MCASTRO2 DOT ENGINEERING REVIEW Completed No objections.
Andy Dinauer
11/06/2008 MARK CASTRO REZ AGENCY REVIEW ADOT Completed 11/06/2008
ADOT has NO COMMENT on this project.
Douglas Kratina
11/07/2008 DAVE MANN FIRE REVIEW Approved
11/07/2008 TERRY STEVENS ZONING REVIEW Completed CDRC TRANSMITTAL

TO: Development Services Department
Rezoning Section

FROM: Terry Stevens
Lead Planner

PROJECT: TEP Cienega Substation
Colossal Cave Rd.
Special Exception - SE-08-45

TRANSMITTAL: November 6, 2008

The zoning for this property is RH. The existing use falls under the Utilities Use Group, Sec. 6.3.12, Distribution System "25", limited to: Power substations with an input voltage of one hundred fifteen (115) kilovolts or greater, subject to: Sec. 3.5.11.1.C, .F, .G, and .J

Development designator "25" requires or allows the following:
Minimum site area = 180,000 sq. ft
Floor area ratio = 0.10
Lot Coverage = 20%
Maximum building height = 30 feet
Interior perimeter yard indicator = FF

Zoning has reviewed this proposal for compliance with The City of Tucson Development Standard Land Use Code (LUC).

Off-Street Parking: Minimum 2 required
Off-Street Loading: 0 required
Bicycle Parking: 0 required
Pedestrian Access: Not required.

Additional comments that will apply to this site are as follows:

Provide a easement over the lease area for the ranch access road.


If you have any questions about this transmittal, please call Terry Stevens, (520) 836-4961 or email Terry.Stevens@tucsonaz.gov.
11/13/2008 NSTEVEN1 REZ AGENCY REVIEW PARKS & RECREATION Completed Parks and Recreation has no comments.

Glenn Hicks
Capital Planning and Development
Parks & Recreation Dept., City of Tucson
900 S. Randolph Way
Tucson, Az. 85716
(520) 791-4873 x 215
11/14/2008 DCORRAL1 COMMUNITY PLANNING REVIEW Completed DEPARTMENT OF URBAN PLANNING & DESIGN
SE-08-45 TEP Cienega Substation - Colossal Cave Road
Special Exception RH
Rincon Southeast Subregional Plan, Map Detail #8
11/11/08 drcorral - Full Review

This special exception request is to allow a Tucson Electric Power (TEP) electrical substation to be located on a 12.7-acre, right-of-way (ROW) portion of a 308.15-acre Arizona State Land Department (ASLD) parcel. The TEP site is located north of Interstate 10, west of Colossal Road, on the north side of Dawn Road. The site is zoned RH and is surrounded by RH on all sides. Vail Vista Estates and New Dawn Estates are located to the east of Colossal Cave Road.

Land Use Plan Policy Summary

Land use plan policy guidance is provided by the Rincon Southeast Subregional Plan (RSSP) Map Detail #8 and the City's General Plan. The Design Guidelines Manual suggests design techniques that can be used to implement land use plan policy objectives.

The Houghton/Dawn map detail covers an approximately 3,500-acre or 5.5-square-mile area of undeveloped State Trust lands, generally located north and south of Interstate 10 between Houghton Road on the west and Colossal Cave Road on the east. The terrain is generally flat and braided by a network of shallow washes. The characteristic vegetation is creosote, bur sage, and cacti species, with mesquite found in and along the washes.

The area is zoned RH (Rural Homestead, very low-density residential) and RX-1 (low-density residential). Both high voltage transmission lines and an underground gas pipeline affect the area. The area is planned Development Reserve. Development Reserve is a "holding zone" for future urban development; rather, Development Reserve designates areas for future urban land uses. As such, the proposed utility substation is an allowed use, as it sets the stage for future urban land uses in the area.

The Environmental Resource Zone (ERZ) recognizes the value of Tucson's open space resources, particularly the critical and sensitive wildlife habitat of eastern Pima County associated with public preserves. The Houghton/Dawn area contains numerous significant washes that were added to the ERZ base map when original City zoning was established for this area. The proposed substation will not impact any existing ERZ watercourses.

General Plan policy supports measures that protect life and property, including those that minimize potential loss due to flooding and erosion. Policies promote protecting washes and associated habitat and wildlife corridors. Other policies encourage environmentally sensitive site design that enhances the visual quality of the community and, the Design Guidelines Manual suggests techniques for improving the visual appeal of freestanding walls, and screening less visually attractive uses, such as utility equipment.

Discussion

The Cienega Substation is a result of public input. Two other locations east of Colossal Cave Road and north Dawn Drive were proposed by TEP and discussed by stakeholders at two separate neighborhood meetings in January 2008. A Special Exception application (SE-08-05) was submitted for one of those locations east of Colossal Cave Road. However, based on public comments received at the Zoning Examiner hearing held on May 8, 2008, and after finalizing engineering, hydrological and environmental studies relating to the relocation of the substation to its current proposed location west of Colossal Cave Road, TEP withdrew that application.

The new proposal is for a 12.5-acre substation situated on a right-of-way-leased site located within a 308.15-acre undeveloped, ASLD-owned parcel on north Dawn Drive west of Colossal Cave Road. There is no adjoining human-occupied development. The nearest residential development abuts the vacant ASLD parcel along the eastern boundary. The TEP substation lease area will be located at the northwest corner within the ASLD parcel approximately 4,000 feet from the nearest residential development.

The substation will be setback at least 200 feet from all sides of the leased area. The substation will be a remotely controlled, unmanned facility. Maintenance of the site, including electrical equipment, access driveways and drainage retention basin will be the responsibility of TEP. For security purposes, the project will include three security gates restricting access to the site. A security gate will be provided at the access road at or near the intersection of Dawn Drive and Colossal Cave Road and two security gates will be provided on both access drives leading to the substation.

To minimize visual impacts, the applicant proposes, and staff supports, a 10-foot high decorative masonry screen wall in earth tones on all four sides of the substation improvements. Based on the proposed use (Utility Service adjacent to Residential) there is no landscape border requirement; however; the applicant proposes, and staff supports, low-water use landscaping around the perimeter of the substation to mitigate the removal or disturbance of existing vegetation, as well as to buffer and screen off-site properties. The proposed vegetation to be planted will mimic as closely as possible the surrounding vegetation patterns.

The applicant will also provide a final mitigation plan for any area disturbed during construction, subject to Development Services and the Office of Conservation and Sustainability Development staff approval. Additionally, TEP will follow recommended City of Tucson Practices for Bufflegrass management and mitigation. The management plan will entail recommendation from Buffelgrass Mitigation in the Sonoran Desert (Imminent Risks and Unavoidable Mitigation) prepared by U.S. Geological Survey.

The Houghton/Dawn area contains numerous significant washes that were added to the Environmental Resource Zone (ERZ) base map when original City zoning was established for this area. There is one ERZ watercourse that intersects the far northeast portion of the project site and one proposed ERZ watercourse outside the northeast portion of the project site within the ASLD parcel boundary. There is also one other ERZ watercourse in the far northern portion of the ASLD parcel. All regulated watercourses are reaches of Franco Wash. The ERZ recognizes the value of Tucson's open space resources, particularly the critical and sensitive wildlife habitat of eastern Pima County associated with public preserves. The proposed substation will not impact the existing nor proposed ERZ watercourses.

Finally, the project will be designed to be compatible with surrounding residential development, with equipment height limited to 14 feet except for lighting protection masts tapering from 8 to 4 inches in diameter above the 14-foot-height.

Recommendation

The proposed use of this site for a substation is consistent with RSSP. Screening and buffering will be provided to minimize visual impacts on the surroundings, consistent with General Plan policies. To enhance this proposal's compliance with RSSP and General Plan policies, the following are recommended as conditions of granting this special exception request:

1. A ten-foot-high decorative masonry screen wall in earth tones shall be erected on all four sides of the substation improvements. Color shall blends with the natural surroundings, and shall be graffiti-resistant.
Relevant Policies and Guidelines:
· Element 7, Safety, Policy 2
· Element 14, Environmental Planning and Conservation, Policy 3
· DG - I.B.3.a. - Freestanding Walls

2. Low-water use landscaping shall be planted around the perimeter of the substation to mitigate the removal or disturbance of existing vegetation, as well as to buffer and screen off-site properties. The proposed vegetation to be planted will mimic as closely as possible the surrounding vegetation patterns.
Relevant Policies and Guidelines
· RSSP - Landscaping Policy 3.c.
· Element 14, Environmental Planning and Conservation, Policy 3

3. If buffelgrass is present, populations are to be mapped and included as part of the Native Plant Preservation Plan or the Environmental Resource Report. Continued
buffelgrass eradication and monitoring methodology, including common areas, is required for developed and undeveloped portions of the site.
.Relevant Policies & Guidelines
· GP - Element 14: Policy 4 & 4.3.B
· DG - I.B.3.d - Plant Materials

4. To remain compatible with surrounding residential development, equipment height will be limited to 14 feet, except for lighting protection masts tapering from 8 to 4 inches in diameter above the 14-foot-height.
Relevant Policies and Guidelines
· Element 4, Community Character and Design, Policy 1

5. For security purposes, a security gate will be provided at the access road at or near the intersection of Dawn Drive and Colossal Cave Road and two security gates will be provided on both access drives leading to the substation
Relevant Policies and Guidelines
· Element 7, Safety, Policy 2

6. A final mitigation plan shall be provided for any area disturbed outside the perimeter wall during construction, subject to Development Services and the Office of Conservation and Sustainability Development staff approval.
Relevant Policies and Guidelines:
· RSSP - Landscaping Policy a.1,2,3,& 4
· Element 7, Safety, Policy 2
· General Plan. Element 1, Growth Areas and Population, Policy 22
· Element 2, Land Use, Supporting Policy 10.2
· Element 4, Community Character and Design, Policy 6.1
· Element 14, Environmental Planning and Conservation, Policy 3
· DG - I.B.3.f. - Landscape Screens



ADOPTED PLAN POLICY


HOUGHTON/DAWN MAP DETAIL #8-RSSP

Plan Adoption Date: June 10, 1996 (Resolution No. 17293)
Annexation Date: January 2, 1996 (Ordinance No. 8616, C15-95-19)

General Description

The Houghton/Dawn map detail covers an approximately 3,500-acre or 5.5-square-mile area of undeveloped State Trust lands, generally located north and south of Interstate 10 between Houghton Road on the west and Colossal Cave Road on the east. This map detail area lies immediately east of map detail #4-RSSP and shares many of the same environmental characteristics. The terrain is generally flat and braided by a network of shallow washes. The characteristic vegetation is creosote, bur sage, and cacti species, with mesquite found in and along the washes.

The area is zoned RH (Rural Homestead, very low-density residential) and RX-1 (low-density residential). The closest residential development is a recreational vehicle park located east of Houghton Road, just north of the Rocket Road alignment. Both high voltage transmission lines and an underground gas pipeline affect the area.

The Major Streets and Routes Plan (MS&R) identifies certain streets for special designation as scenic or gateway routes. Because Houghton Road north of the Harrison-I-10 area had previously been designated a gateway route, this gateway designation was extended south at the time original City zoning was established for this area. In addition, Colossal Cave Road is designated as a scenic route in the county and is a candidate scenic route in city. This is the first segment of Colossal Cave Road to be annexed into the City.

The Environmental Resource Zone (ERZ) recognizes the value of Tucson's open space resources, particularly the critical and sensitive wildlife habitat of eastern Pima County associated with public preserves. The Houghton/Dawn area contains numerous significant washes that were added to the ERZ base map when original City zoning was established for this area.

In addition to the environmental concerns regarding wash preservation, the most significant influence on future development is Interstate 10, which diagonally bisects the area. The Southern Pacific Railroad, immediately north of the plan area, will also impact future land uses and transportation both within the plan area and in adjacent undeveloped areas to the north. Because the area is undeveloped, there is little infrastructure. The I-10 interchange for Colossal Cave Road/Wentworth Road lies directly south of the easternmost portion of the plan area. Colossal Cave Road leads to the community of Vail and the Rincon Valley. Wentworth Road leads south to New Tucson.

The Eastern Pima County Trail System Master Plan shows the Flato-Franco washes (#4) as a Second Priority Primary Trail. This trail route is comprised of natural washes and road and utility rights-of-way. In the Houghton/Dawn area, the trail follows the underground gas line easement and Colossal Cave Road and is primarily intended to serve as a long distance equestrian trail and desert belt connection to Cienega Creek.

Plan Designations

Areas identified as ERZ washes are designated Resource Conservation (RC) on the map detail. Otherwise, plan designations generally reflect current zoning. The area south of the interstate is planned Low Intensity Rural and Medium Intensity Rural, which generally correspond to RH and RX-1 zoning. The majority of the area north of the interstate, zoned RH, is planned Development Reserve. Development Reserve is a "holding zone" for future urban development. The Medium Intensity Rural designation north of the interstate reflects RX-1 zoning. The I-10 corridor is planned Medium High Intensity Urban and restricted to nonresidential uses by Special Area Policy 5-03. Design standards in this corridor are provided by Special Area Policy 2-03.

Applicable Subregional Policies

All Subregional Policies should be reviewed for applicability to land use proposals within this area. Depending on the particular site under consideration and the nature of the rezoning request, Natural and Cultural Resources policies, particularly Open Space, Wildlife Habitat, Regional Trail System, and Archaeological and Historic Preservation policies, will be particularly important to guide development in this area.

Special Area Policies

Special Area 2-03 I-10 Corridor/Eastern Gateway

Site design standards are provided for this area to enhance the sense of entry to the metropolitan area, preserve viewsheds and native vegetation, and mitigate negative impacts from industrial uses.

2-03 I-10 Corridor/Eastern Gateway
Location: T16, R16, portions of Sections 7, 18, 17, 20, & 21. T16, R15, portions of Section 12.
Description/Purpose: Standards to preserve scenic quality along a major transportation corridor and enhance the sense of entry into the metropolitan area; design criteria for visual standards, preservation of viewsheds of ridge lines and preservation of native vegetation; mitigation of negative impacts of industrial uses; buffering of existing residential; restriction of future residential. (Also see Special Area 5-03).

Special Area 5-03 Restricted (Nonresidential) Medium High Intensity Urban

This area is restricted to nonresidential uses to provide a transition between existing industrial and low-intensity residential uses.

5-03 Restricted (Nonresidential) Medium High Intensity Urban
Location: I-10 corridor and areas south of Tucson International Airport (T16, R15, portions of Sections 2 & 12; T16, R16, portions of Sections 7, 18, 17 & 20; T16, R14, portions of Section 5.)
Description: Restricted to nonresidential uses; provides for office and Park Industrial area as a transition between existing industrial and lower intensity residential uses.

PART I. SUBREGIONAL POLICIES
B. NATURAL AND CULTURAL RESOURCES
2. Wildlife Habitat and Corridors
Protection of wildlife habitat and movement corridors includes both preservation and mitigation of negative impacts of development.
POLICIES

a. Areas shall be identified as significant wildlife habitat and corridors in accordance with the following:
1) Critical and Sensitive Wildlife Habitats of Eastern Pima County Map accepted and endorsed by Mayor and Council in December 1989 or inventory update which supersedes this study;
2) Environmental Resource Report prepared in accordance with City of Tucson Development Standard 1-07.0 (Environmental Resource Report).


9. Archaeological and Historic Preservation
POLICIES
As appropriate to the development proposal and site characteristics, the following procedures may be required:

a. Site Inventory: An inventory of archaeological and historical sites shall include a summary of records maintained at the Arizona State Museum for parcels that have already been surveyed.

b. Site Survey: If recommended by the Arizona State Museum or the State Historic Preservation Office, parcels that have not been inventoried shall be field surveyed by a professional archaeologist, and any resources encountered shall be recorded in accordance with guidelines established by the Arizona State Museum and the State Historic Preservation Office.

c. Based on the inventory or survey process, significant archaeological and historical sites shall be evaluated by a professional archaeologist and/or architectural historian, as appropriate, for designation under the City historic zone ordinance and eligibility to the National and State Registers of Historic Places.

C. SITE PLANNING AND DESIGN GUIDELINES
Site Design
3. Landscaping
POLICIES
a. An acceptable plant preservation plan completed by a qualified professional shall be a condition of rezoning if the site analysis identifies any of the following on-site features:
1) Threatened and/or endangered plant species;
2) Plants listed in Appendix A of the Arizona Native Plant Law;
3) Significant wildlife habitats and corridors (see Plan Policy II.B.2);
4) Areas of riparian vegetation.

b. The plant preservation plan shall clearly delineate areas to be preserved, including the fencing of no-grade areas. The City Landscape Inspector shall field verify compliance with grading limit lines.

c. Wherever on-site features as noted in policy a. above can not be preserved, landscape design and construction shall promote the use of transplanted, on-site desert plants, container plants, seeded desert plants and inorganic groundcover. This requirement shall be particularly emphasized on all landscaped areas abutting public rights-of-way, scenic and gateway routes and landscaping having high public visibility.

d. Saguaros of a height of six feet or less that can not be preserved in place or relocated on-site shall be replaced on a one-to-one height basis with nursery grown or permitted and tagged saguaro transplants (as per Arizona Native Plant Law requirements).

e. Saguaros measuring over six feet that can not be preserved in place or effectively relocated on-site shall be replaced, within the site area, with two or more nursery grown or permitted and tagged saguaro transplants whose combined height equals that of the saguaro that is lost.

f. The preservation plan shall specify salvage and transplant procedures, soil preparation and a maintenance schedule for all relocated plants, and include assurances that saguaro and other cacti salvage shall be performed by a professional using equipment appropriate for the size of the plant being moved.

General Plan

General Plan. Element 1, Growth Areas and Population, Policy 22 is to protect washes, linkages to important habitat areas, and wildlife corridors through design and development practices that respect the natural environment

Element 2, Land Use, Supporting Policy 10.2 is to continue to develop and refine regulations and guidelines to support wildlife and vegetation when development occurs within environmentally sensitive areas

Element 4, Community Character and Design, Policy 1 is to protect and enhance Tucson's natural setting, urban form and community image. Supporting Policy1.5 is to promote a renewed community effort to control visual blight … Supporting Policy 3.1 is to protect views from frequently used gathering places, major streets, and pedestrian paths … Policy 6 is to promote quality in design for ... all development. Supporting Policy 6.1 is for all development to incorporate environmentally sensitive design that … complements adjacent land uses, and enhances the overall function and visual quality of the … community. Supporting Policy 6.6 is to utilize strategies in the Design Guidelines Manual to provide an improved level of community design.

General Plan - Element 5
Policy 3: Consider the needs of unique and newly emerging preservation-related resource areas requiring special attention.
Supporting Policy 3.1: Focus on the preservation of historic vegetation, historic landscapes, and historic trails.
Supporting Policy 3.1A: Develop a process for the identification, designation, and protection of these historic elements as a component of a heritage and cultural resources plan.

Element 7, Safety, Policy 2 is to maintain measures to protect life and property in natural hazard areas. Supporting Policy 2.1 is to continue to administer and update adopted floodplain regulations to reduce the damage and severity of flood events.

Element 14, Environmental Planning and Conservation, Policy 3 is to implement methods to conserve and enhance habitat when development occurs.

Policy 4 is to promote the development and management of healthy and attractive urban vegetation. Supporting Policy 4.3.B is to promote native vegetation as the preferred landscaping in order to restore wildlife habitat, conserve water, and enhance Tucson's regional identity.

Development Standards
Design Guideline I.B.3.a, Freestanding Walls - The intent is to reduce the impact of freestanding walls over 75 feet long and over 3 feet high and increase their visual appeal. Solutions include promoting variations in scale, reflective surface, texture and pattern by varying the wall alignment (jog, curve, notch, setback, etc.), and planting trees and shrubs in the voids created by wall variations; and using two or more wall materials, and/or incorporating a visually interesting design on the wall surface.

Design Guideline I.B.3.f, Landscape Screen - The intent is to use landscaping … to screen less visually attractive uses. A solution is to screen … utility equipment …by using a masonry wall and plantings.

3. Buffering/Screening/ Landscape Design
Design Guideline I.B.3.d. Plant Materials - The intent is to provide a homogeneous landscape design of appropriate character using minimal irrigation. Solutions Include:
· Drought tolerant trees (see the City's drought tolerant plant list)
· Plants similar in form and scale to existing vegetation in the area
· Accent plants at entryways, changes of direction, intersections of roads, etc.
· Vegetation which displays a variety of leaf size, texture, color, and, if possible, provides flowers in all seasons
s:\caserev\sp-excpt\se07-08\ SE-08-05 TEP Cienega Substation - Colossal Cave Road - Full Review
11/17/2008 JOE LINVILLE LANDSCAPE REVIEW Approv-Cond 1) The Preliminary Development Plan contains an error that requires correction. The notes on the Preliminary Development Plan state that "No landscape border required (Utility service adjacent to residential." are erroneous.

Per LUC Table 3.7.2-1, a 5' screen and landscape border is the general minimum requirement for uses that are not listed in the "Land Use" column (All Other Uses). The Specific Use "utility service" (which does not require a landscape border) is not applicable as it applies to minor utility installations used to service a site, not major elements of a distribution system. This site is also subject to more specific performance criteria which requires landscaping. Per LUC 3.5.11.1.J "The use must include a ten (10) foot high wall in an earth tone and vegetative landscaping where contiguous to a residential zone." The existing natural landscape that occurs within the 200 setback serves to meet the landscape requirement.

2) The proposed 10' ranch access road should be in compliance with LUC 3.7.2.7 which requires that "All disturbed, grubbed, graded, or bladed areas not otherwise improved shall be landscaped, reseeded, or treated with an inorganic or organic ground cover to help reduce dust pollution."
11/21/2008 JOSE ORTIZ DOT TRAFFIC REVIEW Completed A permit for access onto Colossal Cave Road maybe required by Pima County DOT.
11/21/2008 MATT FLICK ENGINEERING REVIEW Completed DSD Engineering has no objection or adverse comment to approval of the Special Exception for the installation of a TEP substation at this location.
11/25/2008 NSTEVEN1 TUCSON WATER NEW AREA DEVELOPMENT REVIEW Completed Water availability letter received November 25, 2008.
11/26/2008 NSTEVEN1 REZ AGENCY REVIEW OFFICE OF CONSERVATION & SUSTAINABLE DEVELOPMENT Completed CASE: SE-08-45 Cienega Substation - Colossal Cave Road, RH Zone

Conditionally approved: Subject to compliance with the City of Tucson's Native Plant Preservation Ordinance as described below.

Mitigation for proposed impact to the Federally-Endangered Pima pineapple cactus (Coryphantha scheeri var. robustispina) does not comply with the City of Tucson's Native Plant Preservation Ordinance.

In the applicant's rezoning submittal materials under the section entitled "Supplemental Site Information," the applicant states under heading 5 "Mitigation Plan," that "The site is anticipated to follow the 30% set-aside methodology for conformance to the Native Plant Preservation Ordinance (NPPO). Since no Saguaros or Ironwood trees will be impacted by this project, there will be no additional mitigation requirements related to the NPPO." However, according to the applicant's Environmental Resource Report (ERR), eight of the 31 Federally-Endangered Pima pineapple cactus observed on the project site are likely to be impacted by the proposed project. Therefore, additional mitigation is required as described below.

According to the City of Tucson's Native Plant Preservation Ordinance (City of Tucson Land Use Code Article III, Division 8 "Native Plant Preservation"), under the Set Aside Methodology (3.8.6.4) section C "Federal Endangered Species, Saguaros, and Ironwood Tree Mitigation Requirements. The ERR shall include an inventory and analysis of all plants listed as Federal Endangered Species, all Saguaros, and all Ironwoods designated as Protected Native Plants according to Sec. 3.8.5. Preservation and mitigation requirements for these genus and species shall conform to Sec. 3.8.6.2." And, according to Section 3.8.6.2, subsection A.1. "Endangered Species and "Crested" Saguaros. One hundred (100) percent of Federal Endangered Species and "Crested" Saguaros shall be preserved-in-place or salvaged and transplanted on-site." Table 3.8.6-1 provides detail on preservation credits and mitigation requirements.

On page 22 of the applicant's Environmental Resource Report, the applicant states: "The eight PPC [Pima pineapple cactus] that would be mitigated in upland areas as a result of project activities at the substation site and other PPC that may be affected by access road construction are located within the jurisdiction of the ASLD. Preliminary contact with the ASLD and Arizona Department of Agriculture (ADA) indicated that required mitigation measures may include transplanting of cacti by the University of Arizona Herbarium, Tucson Botanical Garden, or the Arizona-Sonoran Desert Museum for use at their facilities or a requirement for the proponent to purchase existing PPC mitigation bank credits."

Thus, it does not appear that the applicant's materials indicate compliance with the City of Tucson's Native Plant Preservation Ordinance requirements for the Pima pineapple cactus. Therefore, only conditional approval is granted until the applicant demonstrates compliance.

Reviewer: Jamie Brown, City of Tucson's Office of Conservation and Sustainable Development upon consultation with Joe Linville, City of Tucson Development Services Department - Landscape Section.

Contact: Jamie Brown regarding these comments at 837-6933 or Joe Linville regarding the City of Tucson's Native Plant Preservation Ordinance requirements at 791-5550.
12/03/2008 NSTEVEN1 ENV SVCS REVIEW Completed No comments received.
12/03/2008 NSTEVEN1 REZ AGENCY REVIEW PIMA ASSN OF GOVTS Completed No comments received.
12/03/2008 JULIE YBARRA SIGNS SIGN CODE REVIEW Completed No comments received.
12/03/2008 NSTEVEN1 REZ AGENCY REVIEW PIMA CNTY WASTEWATER Completed Department of Environmental Quality
The City of Tucson Special Exception Development Plan has been reviewed for conformance with Department of Environmental Quality requirements for on-site wastewater disposal and air quality. Please note the following recommendations:

(1) Please add a Permitting Note as follows: The proposed development does not require water service and/or wastewater disposal
(2) Please add a Permitting Note as follows: Prior to the commencement of construction of any grading, land clearing, or earthmoving of more than one (1) acre, any road construction of more than fifty (50) feet, or any trenching of more than three hundred (300) feet, an Air Quality Activity Permit shall be obtained prior to commencement of construction

Subject to the above being addressed, the Development Plan is approved.

Please contact Robert Flynt at 740-6502 if you have questions or comments.
12/03/2008 NSTEVEN1 REZ AGENCY REVIEW SCHOOL DISTRICT Completed No comments received.
12/03/2008 NSTEVEN1 REZ AGENCY REVIEW TDOT RTA Completed No comments received.
12/03/2008 NSTEVEN1 REZ AGENCY REVIEW TDOT STREETS Completed No objections from Streets.

Sandra Zurbrick
11/25/2008
12/03/2008 NSTEVEN1 REZ AGENCY REVIEW OTHER AGENCIES Completed 11/06/2008
I have no issues with this proposal.
CSO Becky Noel
Tucson Police Dept
12/03/2008 NSTEVEN1 REZ AGENCY REVIEW OTHER AGENCIES Completed 11/06/2008
No objection.
-Steve Anderson, PCNRPR
12/03/2008 NSTEVEN1 REZ AGENCY REVIEW OTHER AGENCIES Completed 11/10/08
The Tucson Airport Authority has reviewed the above referenced project and has no comments or concerns.

Judy Alexander, CAE
Sr. Director Regulatory & Environmental Studies
Tucson Airport Authority
12/03/2008 NSTEVEN1 REZ AGENCY REVIEW OTHER AGENCIES Completed 11/10/08
Davis-Monthan AFB has no concerns or comments

Karen Oden
Engineer/Planner
12/03/2008 NSTEVEN1 REZ AGENCY REVIEW OTHER AGENCIES Completed November 21, 2008

Subject: SE-08-45 Cienega Substation - Colossal Cave Road Special Exception RH Zone (Ward 4)

Pima County has reviewed the above-referenced request for a Special Exception for a 138kV substation to be installed on about 12.7 acres of Arizona State Land on Colossal Cave Road just north of Interstate 10. The following is a summary of recommendations by a number of county departments, which are detailed in the memo below:

? Environmental Planning requests that the substation development footprint be kept to a minimum, that the site be surveyed for Pima pineapple cactus prior to development, and that the utility monitor for and remove buffelgrass from the site

? Cultural Resources and Historic Preservation requests that the State Land Department's cultural resources requirements, and in particular, state requirements protecting cultural resources and human remains during ground-disturbing activities, be followed

? Department of Environmental Quality requests Permitting Notes acknowledging that the site will not require water or wastewater disposal service, and that an Air Quality Activity Permit be acquired prior to ground-disturbing activities

? Department of Transportation will require Right-of-Way Use Permits for access to the substation from, and improvement plans for any offsite improvements to, Colossal Cave Road

Planning Division
The proposed substation site is located within the City of Tucson, immediately adjacent to unincorporated Pima County land. The site is on Arizona State Land, and is surrounded by the same in all directions. The site is adjacent to the Rincon Southeast / Santa Rita Sub-Region of the Pima County Comprehensive Plan. Surrounding county areas have Low Intensity Rural land use, designated for residential uses at densities consistent with rural and resource-based characteristics, and are not covered by additional Comprehensive Plan Rezoning or Special Area policies.
The site is on land zoned RH Rural Homestead by the City of Tucson, and adjoins similarly-zoned land in the county. The Pima County Zoning Code (Chapter 18.07.040) allows the installation and maintenance of power substations in any zone, although substations of input voltage of 115kV or greater shall be located no closer than 200 feet from residential property, shall be subject to that zone's height restriction, and shall require screening with a wall or landscaping. The site is currently in an undeveloped area, at least a half-mile distant from residential development, along an existing transmission line ROW corridor, and should have no impact on surrounding land uses. The Planning Division has no recommendations for the proposed substation.

Please contact Mark Holden at 740-6800 if you have questions or comments.

Environmental Planning Section
Although the proposed substation site is located outside of the Sonoran Desert Conservation Plan (SDCP) Conservation Lands System (CLS), it abuts lands that the CLS designates as Multiple Use Management Area. The CLS identifies those areas important for the conservation of biodiversity and provides land use guidelines to ensure the preservation of on-site habitat and ecosystem functions on designated lands.

The site is located near the Critical Landscape Connection across Interstate 10 between the Rincon and Santa Rita Mountains. The site is not identified as a Habitat Protection Priority for acquisition under the 2004 Conservation Bond program, and is not located adjacent to Pima County preserve parcels.

The site is designated as palo verde-mixed cacti and Sonoran riparian scrub under the Special Elements developed for the SDCP. The site is also identified as SDCP Modeled Habitat for the federally Endangered Pima pineapple cactus, cactus ferruginous pygmy-owl and western burrowing owl. The substation site is within the SDCP Priority Conservation Area for the Pima pineapple cactus, and the Arizona Game and Fish Department Heritage Data Management System lists the occurrence of the Pima pineapple cactus within three miles of the site.

Because of the site's proximity to the CLS, the City of Tucson should require or request that the utility minimize disturbance on the site and surrounding area, and to survey the site to ensure there is no disturbance to priority environmental resources. The proximity of Interstate 10 and other thoroughfares may contribute to the spread of buffelgrass, which may gain a foothold on newly-disturbed areas. Environmental Planning recommends the following as conditions to the approval of the Special Exception for the proposed substation:

(1) Request that the utility minimize the amount of ground disturbance on the site
(2) Require the utility to monitor and remove buffelgrass (Pennisetum ciliare) from the site
(3) Prior to ground disturbance, require the utility to survey the site for the Pima pineapple cactus (Coryphantha scheeri rubustispina) - should the cactus be found on-site, survey results shall be submitted to the Arizona Game & Fish Department's Heritage Data Management System

Please contact Mark Holden at 740-6800 if you have questions or comments.

Cultural Resources and Historic Preservation Office
The Cultural Resources and Historic Preservation Office have reviewed the submitted materials for the City of Tucson (COT) request for Special Exception - Full Notice Procedure, SE-08-45 TEP Cienega Substation. Tucson Electric Power (TEP) proposes construction of an electric power substation within land, parcel #305-13-007D, owned by the Arizona State Land Department (ASLD). This 306.6-acre parcel is south and southeast of the Village of Vail; North of East Dawn Road, on both sides of Colossal Cave Road. The northeast corner of the parcel abuts East Success Drive, Kinder Morgan Natural Gas Pipeline, and Southern Pacific Railroad. Interstate 10 is to the southwest. The ASLD parcel appears to be within COT city limits and the Pima County Cienega Creek Natural Preserve is to the east and northeast. The parcel is in Township 16 South, Range 16 East, Section 16.

The Preliminary Development Plan submitted for this review indicates that the proposed electrical power substation will be located in the southwest corner of the ASLD parcel (#305-13-007D), with access from East Dawn Drive. It is noted that the proposed location appears to replace the original location in the southeast portion of the same parcel (reference case no. SE-08-05; Cultural Resources review by Loy Neff dated 2/14/08). This substation project is part of an overall electric power transmission line project between the Cienega Substation, and Nogales, Arizona. In addition to the Cienega Substation, the component projects include the Vail Area 138kV System Project, which will connect the Cienega Substation to the existing 115kV transmission line to Nogales, and the Vail to Valencia 115kV Transmission Line Project, which will upgrade the existing transmission line between Vail and Nogales to 138kV.

The County cultural resources review of the proposed TEP Cienega Substation, Vail area, covered the subject parcel and a ½-mile buffer zone surrounding it. No previously recorded archaeological or historic sites are known within the parcel and no previous cultural resources surveys have been conducted within parcel. Five previously recorded sites are known within the buffer zone around the parcel: AZ BB:14:683, 684, and 685(all ASM) to the southwest; AZ FF:9:17(ASM)(SR-80, along the I-10 alignment to the southwest); and AZ:BB:14:604(ASM) to the northeast. In addition, the Vail Historic Community is just to the north of the parcel.

Two previous cultural resources surveys cross the subject parcel along or parallel to Colossal Cave Road, including a survey of the road right of way in 1991 (Arizona State Museum Project Number 1991-134.ASM) and a fiber optic line survey paralleling the northwest side of the road in 1999 (ASM project number 1999-587.ASM). Several nearby surveys have been conducted outside the parcel within the ½-mile buffer zone, to the north, southeast, and south.

The subject parcel is in a zone of low archaeological sensitivity, as defined by the Sonoran Desert Conservation Plan (SDCP), even though an un-named tributary of Franco Wash passes through the southwest and south-central portions of the parcel. The subject parcel is within the SDCP Cienega-Rincon Planning Subarea, with the Upper Santa Cruz Subarea to the southwest, but it is outside the Pima County Conservation Land System (CLS). Large CLS Multiple Use Management Areas are to the east and south.

The Cultural Resources and Historic Preservation Office have the following recommendations:

COT and TEP must meet ASLD cultural resources requirements before any land transaction, or easement acquisition, can occur. COT and TEP should be aware of the cultural resources sensitivity of the proposed development property and appropriate measures should be taken before any ground-disturbing construction occurs. Once development construction commences, state laws protecting cultural resources and human remains should be enforced. In the event that human remains, including human skeletal remains, cremations, and/or ceremonial objects and funerary objects are found during excavation or construction, ground-disturbing activities must cease in the immediate vicinity of the discovery. State Laws ARS 41-865 and/or ARS 41-844 require that the Arizona State Museum be notified of the discovery at (520) 621-4795 so that appropriate arrangements can be made for the repatriation and reburial of the remains by cultural groups who claim cultural or religious affinity to them. The human remains will be removed from the site by a professional archaeologist pending consultation and review by the Arizona State Museum and the concerned cultural groups.

Please contact Courtney Rose at 740-6944 if you have questions or comments.

Regional Flood Control District
The Regional Flood Control District has no comment on the proposed Special Exception.

Please contact Greg Saxe at 243-1833 if you have questions or comments.

Department of Transportation
The Pima County Department of Transportation has reviewed the request for a power substation within Section 16, Township 16 South, Range 16 East. The Preliminary Development Plan indicates that the area requested totals 12.67 acres (551,985 square feet) total land area with 2.58 acres (112,600 square feet) for the substation located on State-owned land and within City of Tucson limits. Access is proposed on an unnamed 40-foot wide right-of-way within an existing 330-foot wide transmission line right-of-way, opposite Dawn Drive (east of Colossal Cave Road) which is a Pima County-maintained, two-lane, paved rural collector road with a 150-foot wide leased right-of-way and approximately 0.75 miles long. Colossal Cave Road is located approximately 800 feet to the east. Within the site, the existing unnamed ranch access road is planned to be relocated as part of this proposed development. Right-of-way Use Permits would be necessary for work within Colossal Cave Road right-of-way, prior to any construction or improvement of the proposed access road to the substation.

If the traffic generation meets the threshold per Subdivision and Development Street Standards Table 3.2, then a Traffic Impact Study is required for review and approval by Pima County Department of Transportation.

Pima County has established and adheres to certain roadway development standards and regulations to preserve and protect natural and cultural resources, to prevent and reduce air pollution, and to insure safe public transportation facilities. Pima County objects to and does not support any request for public rights-of-way across State Lands unless there are appropriate conditions of the right-of-way application approval imposed by the State Land Department. The conditions of the approval should preserve and protect natural and cultural resources (plant survey and preservation plan, and cultural resources survey), prevent and reduce air pollution (paved roadway) and insure safe public transportation facilities (provisions for drainage and appropriate roadway design, width, horizontal and vertical alignment).

Department of Transportation recommends the following conditions:

(1) Right-of-way Use Permits are required for work within the Pima County right-of-way for Colossal Cave Road for the proposed access to the substation
(2) Offsite improvements to Colossal Cave Road may require improvement plans to be submitted to Pima County Development Services Department, Development Review Section, for their review and approval

Please contact Maggie Shaw at 740-6699 if you have questions or comments.

Department of Environmental Quality
The City of Tucson Special Exception Development Plan has been reviewed for conformance with Department of Environmental Quality requirements for on-site wastewater disposal and air quality. Please note the following recommendations:

(1) Please add a Permitting Note as follows: The proposed development does not require water service and/or wastewater disposal
(2) Please add a Permitting Note as follows: Prior to the commencement of construction of any grading, land clearing, or earthmoving of more than one (1) acre, any road construction of more than fifty (50) feet, or any trenching of more than three hundred (300) feet, an Air Quality Activity Permit shall be obtained prior to commencement of construction

Subject to the above being addressed, the Development Plan is approved.

Please contact Robert Flynt at 740-6502 if you have questions or comments.


Natural Resources, Parks and Recreation Department
The Department has reviewed the proposed request and has no objections.

Please contact Greg Hagen at 877-6207 if you have questions or comments.

Thank you for the opportunity to comment on this proposed Special Exception - please contact me at 740-6800 if you have questions or comments.