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Plan Review Detail
Review Status: Approved
Review Details: ENTITLEMENT REVIEW v.2
Plan Number - TP-ENT-0124-00002
Review Name: ENTITLEMENT REVIEW v.2
Review Status: Approved
| Review Date | Reviewer's Name | Type of Review | Description | Status | Comments |
|---|---|---|---|---|---|
| Transportation Landscape Review | APPROVED | ||||
| Streetcar Track Access Review | NOT REQUIRED | ||||
| Entitlement Review Coordinator Express | REVIEW COMPLETED | ||||
| Entitlements | REVIEW COMPLETED | DATE: April 24, 2024 For May 9, 2024 Hearing TO: John Iurino FROM: Kristina Swallow, Director Zoning Examiner Planning & Development Services SUBJECT: SPECIAL EXCEPTION LAND USE – PLANNING & AND DEVELOPMENT SERVICES REPORT TP-ENT-0124-00002 Desert Bloom Dispensary – E Speedway Blvd, C-2 (Ward 6) Issue – This is a request by Aari Ruben of Medmar Tanque Verde, LLC for approval of a Special Exception Land Use to allow a marijuana dispensary, as permitted in the Unified Development Code (UDC). The project site, which is located at 5851 E Speedway Blvd, includes an existing multi-tenant commercial building comprised of five suites. Two suites are currently unoccupied, and the applicant wishes to operate their dispensary in a 9,720-square-foot area in the southeast corner of the building. This area is a portion of a larger 25,600-square-foot suite, and the remaining 15,873 square feet of that area is planned to be converted to a market and café in a separate development package submittal. There are no changes to building heights or gross floor area. The subject parcel is primarily C-2, with an approximately 100-foot by 300-foot area on the north end of the parcel zoned R-1. The multi-tenant commercial building is entirely within the C-2 zone. The parcel is located at the northwest corner of Speedway Boulevard and Sahuara Avenue. On December 20, 2022, Mayor & Council approved an amendment to the UDC relating to adult use and medical marijuana establishments. A marijuana dispensary may now be allowed in the C-2 zone as a Special Exception Land Use subject to approval through a Mayor & Council Special Exception Procedure (Section 3.4.4 and 5), and is subject to Sections 4.8.6 and 4.9.9 of the UDC. Mayor & Council is the final review authority to render a decision to grant the use with or without conditions, or to deny the use. Planning & Development Services Recommendation – The Planning & Development Services Department recommends approval of the special exception request, subject to the attached preliminary conditions. Public Outreach – The project team held a neighborhood meeting on November 10, 2023, which was noticed using labels provided by PDSD. Eight neighbors attended the meeting. The applicant team gave a presentation on the history of Desert Bloom Dispensary, and the proposal to relocate to 5851 E Speedway Blvd. The team also presented concept plans for the market and café the applicant intends to open in the same building. Concerns were raised about traffic and parking, and the applicant team explained parking would be on-site, in the rear of the building. Access to the parking area would be provided from Speedway Blvd and Sahuara Ave. Concerns were raised about loitering and on-site consumption, which the applicant team explained is prohibited by state law. The dispensary will also have camera monitoring and on-site security. The team expressed that the security measures would have a positive impact on existing security issues at the site. An attendee expressed that they had already “had enough” of adult-themed businesses in the area, the applicant team responded by explaining that dispensaries serve a diverse group of patrons that would be indistinguishable from the meeting attendees. They were also reassured that the market and café would not be marijuana-themed businesses but would be focused on “healthy living.” An attendee asked about long lines frequently seen outside dispensaries, the project team responded stating the relocation is to alleviate these issues at the current location, and they would be able to provide a larger waiting area inside the building. The team stated that they did not expect lines outside the building. Finally, an attendee gave positive feedback on the proposal believing it is a good addition to the area. He stated he was a long-time resident in the area and would be among the dispensary’s first visitors. Background Information Existing Land Use: Existing retail space was previously a JoAnn Fabrics. Other uses on the site include personal service, retail, dental office, and restaurant space. Current Zoning: C-2: This zone provides for general commercial uses that serve the community and region. Residential and other select agriculture, civic, recreational, and utility uses may also be permitted that provide reasonable compatibility with adjoining residential uses. Surrounding Zoning and Land Use: North: R-1; Single Family Homes East: R-1, C-2; Single Family Homes, Rental Car Agency South: Arterial Roadway, C-2 opposite; Tire Shop, Smoke Shop, Tattoo Parlor, Bike Shop West: R-1, C-2; Single Family Homes, Commercial Retail, Smoke Shop, Massage Parlor Previous Cases on the Property: None Related Cases: None Applicant’s Request – The applicant’s project, Desert Bloom Dispensary, is a marijuana dispensary; retail trade use group that requires a Mayor & Council Special Exception. Planning Considerations – Land use policy direction for this area is provided by Plan Tucson and the Arcade-Alamo Area Plan. Plan Tucson (PT): The proposed use lies within the Business Centers building block of the Future Growth Scenario Map. Business centers are major commercial or employment districts that act as major drivers of Tucson’s economy. These centers generally contain corporate or multiple-use office, industrial, or retail uses. Existing examples in Tucson include the University of Arizona Science and Technology Park, Tucson Mall, and the Tucson International Airport Area. The following policies support the proposed dispensary relocation: LT.28.4.4 Supports a mix of commercial, residential, office, governmental, and other service activities at all major employment center. LT.28.4.6 Support environmentally sensitive design that protects the integrity of existing neighborhoods, complements adjacent land uses, and enhances the overall function and visual quality of the street, adjacent properties, and the community. LT.28.4.7 Support infill and redevelopment projects that reflect sensitivity to site and neighborhood conditions and adhere to relevant site and architectural design guidelines. LT.28.4.8 Protect established residential neighborhoods by supporting compatible development, which may include other residential, mixed-use infill, and appropriate nonresidential uses. Arcadia-Alamo Area Plan: Nonresidential policy encourages nonresidential policies designed in harmony with adjacent development. The applicant is not proposing any changes to site configuration and is requesting the Special Exception to relocate to an existing commercial site. It is in conformance with Plan nonresidential policies. The subject parcel is identified as “Office, Commercial, High Density Residential” in the Area Plan Conceptual Land Use Map. Project Background The special exception site is located on East Speedway Boulevard, an arterial route, at the northwest corner of the intersection of Speedway Boulevard and Sahuara Avenue. The site is currently zoned C-2, and a Mayor & Council Special Exception is required for the proposed Marijuana Dispensary use. The applicant is proposing to open the 9,700 square-foot facility in the southeast portion of the empty suite on the east side of the building. Design Considerations Land Use Compatibility – The proposed land use is a Marijuana Dispensary as defined by Section 4.9.9.E.1 of the UDC. It is permissible in the C-2 Zone subject to review and approval per the Mayor & Council Special Exception Procedure established by Section 3.4.4 of the UDC. The Preliminary Development Plan shows that the project includes a 9,700 square-foot space within an existing 72,694 square-foot structure. The structure is the only building on site and includes multiple suites with several occupancies – a nightclub, warehouse, and mercantile space currently operate within the structure. The building is located towards the front edge of the property, with most of the on-site parking provided to the rear. Vehicle access is provided along Speedway to a single row of diagonal parking in front of the building, as well as a vehicle access lane running north along the west edge of the building. Vehicle access is also provided from Sahuara Avenue, and the applicant is proposing to install signage and a concrete diverter directing traffic existing the parcel south on Sahuara Ave towards Speedway Blvd to limit impacts to the residential neighborhood north of the site. The entire building requires 254 parking spaces, and 462 parking spaces are provided on-site. No bicycle parking is indicated on the preliminary development plan or design compatibility report, a future development package must include adequate bicycle parking. There are no existing billboards on the property. With an approved Special Exception, the applicant will file a security plan with the State of Arizona to ensure compliance with A.R.S §36-2804(B)(1)(C). The security plan will include: • Surveillance cameras covering all exterior and interior areas of the property, and all portions of the building used for storage and dispensary uses with a minimum backup storage of thirty (30) days; • A 24-hour independently monitored security alarm system (with backup cellular communication capability, audible alarms, motion detectors, panic buttons, yard signs and window stickers); • Controlled access to loading areas; • Trackable and controlled keycard access to the building and all portions used for dispensary and secure storage purposes (with employees only given keycard access to areas where they work); and • Secure and controlled access to all areas where marijuana products are stored or displayed. In addition to the security plan filed by applicant, A.R.S. § 36-2806(H) requires AZDHS to carry out a minimum of one unannounced inspection of the Project per year. Use-Specific Standards The following Use-Specific Standards under Section 4.9.9.E.1 of the UDC are applicable to the proposed Special Exception: • UDC 4.9.9.E.1.a – The total maximum floor area of a marijuana dispensary shall not exceed 10,000 square feet. The proposed dispensary is proposed to occupy only 9,700 square feet of the building. • UDC 4.9.9.E.1.b – A medical marijuana dispensary shall be located in a permanent building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle. The proposed dispensary will occupy a suite within a permanent building made of brick with a concrete foundation and utility connections. • UDC 4.9.9.E.1.c – The permitted hours of operation of a marijuana dispensary are from 7:00 am to 10:00 pm. The proposed dispensary will adhere to the required hours of operation. • UDC 4.9.9.E.1.d – A marijuana dispensary shall have an interior customer waiting area equal to a minimum of 25% of the sales floor area. The proposed dispensary will have a sales floor that meets the minimum required area. For a dispensary that is 10,000 square feet, the floor area will be a minimum of 2,425 square feet. • UDC 4.9.9.E.1.e – A marijuana dispensary shall not have outdoor seating areas. The existing shopping center has no outdoor seating areas, and none will be provided for the proposed dispensary. • UDC 4.9.9.E.1.f – A marijuana dispensary may deliver marijuana, once rules permitting and regulating delivery are approved by the AZDHS and become effective, and shall comply with state law and all lawful, applicable health regulations, including those promulgated by the Arizona Department of Health Services and any other authorized regulatory agency. The proposed dispensary will comply with all state laws and applicable regulations regarding delivery should they begin offering a delivery service from this location. • UDC 4.9.9.E.1.g – A marijuana dispensary shall be setback a minimum of 2,000 feet from any other marijuana dispensaries, measured in a straight and direct horizontal line between the two closest exterior or applicable interior suite walls of marijuana dispensaries. No marijuana dispensaries are located within 2,000 feet of the subject building. The nearest dispensary is approximately 4,800 feet northeast of the project site. • UDC 4.9.9.E.1.h – a marijuana dispensary shall be setback a minimum of 500-feet from a K-12 public, private, or charter school or a licensed childcare center, measured in a straight and direct horizontal line from the closest exterior or applicable interior suite wall of the marijuana dispensary to the closest property line of a school or childcare center. The proposed dispensary meets this setback requirement, as the closest childcare center is 2,400 feet north of the project site. • UDC 4.9.9.E.1.i – a marijuana dispensary shall be setback a minimum of 500-feet from a public park listed in Section 6 of the Technical Standards Manual or library, and a minimum of 500-feet from a licensed residential substance abuse diagnostic and treatment facility or other licensed residential drug or alcohol rehabilitation facility, measured in a straight and direct horizontal line from the closest exterior or applicable interior suite wall of the marijuana dispensary, to the closes property line of a library, public park, licensed residential substance abuse diagnostic and treatment facility, or other licensed drug or alcohol rehabilitee facility. – The proposed dispensary meets this setback requirement, as the closest public park is 3,000 feet north of the project site. No residential treatment or other rehabilitation facility is located within 500 feet of the project site. • UDC 4.9.9.E.1.j – The expansion of an existing marijuana dispensary shall be setback a minimum of 500 feet from a K-12 public, private, or charter school, measured in a straight and direct horizontal line from the closest exterior or applicable interior suite wall of the marijuana dispensary to the closest property line of a school. The proposed dispensary meets this setback requirement, as the closest school is 2,400 feet north of the project site. • UDC 4.9.9.E.1.k – A marijuana dispensary shall comply with all lawful, applicable health regulations, including those promulgated by the Arizona Department of Health Services and any other authorized regulatory agency. – The proposed dispensary will comply with all applicable health regulations from the Arizona Department of Health Services and other authorized regulatory agencies. • UDC 4.9.9.E.1.l – Odor Mitigation (1) Odor mitigation devices and techniques shall be incorporated in all marijuana facilities to ensure that odors are mitigated. (2) An odor mitigation plan shall be submitted demonstrating compliance with odor control requirements. An approved odor mitigation plan will ensure compliance with all odor mitigation regulations. Special Exception Findings Section 3.4.5.A of the UDC requires that Mayor and Council grant a special exception only after finding that the requested special exception: 1. Meets the standard expressly applied by all adopted codes and regulations for that type of land use, or for the land use class applicable to the proposed use. – The application materials demonstrate that the Project meets all applicable standards and regulations governing marijuana dispensaries. 2. Does not adversely affect adjacent land uses or the surrounding neighborhood; or that such adverse effects can be substantially mitigated through the use of additional conditions. - Use as a marijuana dispensary conforms to and complements adjacent land uses and the surrounding neighborhood because: • The Project represents an investment and improvement on a parcel and building that are currently underutilized; • The security plan required by the State of Arizona will ensure the Project is safe for its patients, employees, and neighbors, as well as increase the safety of the surrounding properties; • The applicant is familiar with odor mitigation requirements as they currently operate a dispensary, and an odor mitigation plan will be included at the time of development package or building permit submittal; and • The Project reactivates a vacant commercial space. 3. Provides for adequate and efficient vehicular and pedestrian access and circulation and vehicular parking. - The Property will include paved off-street parking that meets the requirements of the UDC. The parking utilizes two existing entrances, on Speedway Blvd and Sahuara Ave. The applicant proposes a modification to the egress on Sahuara Ave to limit traffic impacts to the residential land use north of the site. The project is also located adjacent from a bus stop on Speedway Blvd. 4. Can be adequately and efficiently served by public facilities and services, such as water, storm water drainage, fire and police protection, and solid and liquid waste disposal and/or collection as may be required by the various public and private agencies. – This project requires no additional public facilities or services as compared to the property’s previous uses. The project is in Tucson Police Department’s Operations Division East as well as by Tucson Fire. Solid waste facilities will be designed according to City of Tucson code. 5. Complies with the General Plan and any applicable sub-regional, area, or neighborhood plan. - The Project will be a retail establishment, and the property is already zoned C-2 Commercial. Further, the project lies within the Business Centers building block of the Future Growth Scenario Map. Business centers are major commercial or employment districts that act as major drivers of Tucson’s economy. Drainage/Grading/Landscape The site is an existing development that will be improved as part of the proposed project; as such, there will be no elevation changes due to grading. There are no proposed improvements to site landscaping. Traffic/Circulation The site will largely retain the existing traffic circulation and curb cut locations. Parking will be provided per City of Tucson parking requirements. No new ADA compliant parking or bicycle parking are indicated – development package must demonstrate compliance with applicable requirements per the UDC. The applicant is proposing a diverter to prevent traffic leaving the site on Sahuara from turning north towards residential land uses, and instead directs cars south towards Speedway Blvd. Conclusion – The proposed special exception is consistent with Plan Tucson, and in compliance with performance criteria of UDC Sections 3.4.4, 3.4.5, 4.8.6 and 4.9.9 subject to compliance with the attached preliminary conditions, approval of the special exception land use in the C-2 zone is appropriate. |
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| External Reviewers - Arizona Department of Transportation (ADOT) | REVIEW COMPLETED | Thank you for the opportunity to review this Special Exception Memo. ADOT has no comments. Rick Freije, PE, MSCE Assistant Southern Regional Traffic Engineer 1221 S 2nd Ave. Tucson, AZ 85713 Office: 520.388.4203 Cell: 520.576.8614 azdot.gov |
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| External Reviewers - AZ State Land | REVIEW COMPLETED | ||||
| External Reviewers - COT Environmental Services | REVIEW COMPLETED | ES has no objections to the special exception request. The site plan does not identify provisions for solid waste storage and collection services. Future DP submittal must include provisions for trash and recycle storage enclosure/s, whether existing or proposed. Refer to TSM 8-01.0. Thanks, Andy Vera (520) 837-3798 Andy.Vera@tucsonaz.gov |
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| External Reviewers - COT Parks & Recreation | REVIEW COMPLETED | ||||
| External Reviewers - Davis Monthan AFB | REVIEW COMPLETED | Sir/Ma’am DMAFB Planning staff has review this request for Special Exception and find the request should not negatively impact our mission. Thank you Kacey B. Kacey Carter, Civ USAF ≡✪≡ Installation Community Planner 355th Civil Engineer Squadron/CENPL Davis-Monthan AFB AZ DSN: 228-3291 Comm: 520-228-3291 bonnie.carter@us.af.mil |
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| External Reviewers - PC RFCD | REVIEW COMPLETED | The Pima County Regional Flood Control District has no objection to this Special Exception. Patricia Gilbert, CFM Principal Hydrologist Floodplain Management Division Pima County Regional Flood Control District 201 North Stone 9th Floor Tucson, Arizona, 85701 Phone: 520.724.4606. Patricia.gilbert@pima.gov |
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| External Reviewers - Pima Association of Governments | REVIEW COMPLETED | ||||
| External Reviewers - Pima County Addressing | REVIEW COMPLETED | Good afternoon, Pima County Addressing does not have comments on TP-ENT-0124-00002, Desert Bloom Dispensary – Speedway Blvd, 5851 E Speedway Blvd #101 (tax parcel ID #121-06-001B). Thank you Nicholas Jordan Site Review Project Manager – Addressing Official Pima County Development Services Department 201 N Stone AV – 1st Floor Tucson, AZ 85701 (520) 724-9623 |
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| External Reviewers - Pima County Assessor | REVIEW COMPLETED | ||||
| External Reviewers - Pima County Development Services | REVIEW COMPLETED | ||||
| External Reviewers - Pima County Natural Resources | REVIEW COMPLETED | ||||
| External Reviewers - Pima County Transportation | REVIEW COMPLETED | ||||
| External Reviewers - Pima County Wastewater (RWRD) | REVIEW COMPLETED | ||||
| External Reviewers - Tohono Oodham | REVIEW COMPLETED | ||||
| External Reviewers - Tucson Airport Authority | REVIEW COMPLETED | ||||
| External Reviewers - Tucson Electric Power (TEP) | REVIEW COMPLETED | March 15, 2024 City of Tucson Gabriel Sleighter Entitlements Section RE: TP-ENT-1024-00002 – Desert Bloom Dispensary – 5851 E Speedway Blvd #101 Dear Mr. Sleighter; On behalf of Tucson Electric Power (TEP), thank you for the opportunity to comment on this rezoning memorandum. TEP has no objections to this memo. This property is located within TEP’s service territory and will require a new service application from the owner/developer to extend service to the new location. Please email me with any questions or concerns. I can be reached at Keri.Tallorin@tep.com, or by phone at (425) 633-7431. Respectfully, Keri Tallorin Environmental & Land Use Planner II Tucson Electric Power Company a UNS Energy Corporation |
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| External Reviewers - Tucson Unified School District (TUSD) | REVIEW COMPLETED | ||||
| Fire New Construction | REVIEW COMPLETED | ||||
| Historic | REVIEW COMPLETED | ||||
| IPC - Entitlements | REVIEW COMPLETED | ||||
| IPC - Fire New Construction | REVIEW COMPLETED | ||||
| IPC - Site Engineering | REVIEW COMPLETED | ||||
| IPC - Site Zoning | REVIEW COMPLETED | ||||
| IPC - Traffic Engineering | REVIEW COMPLETED | Previous comments made by the Traffic Engineering Division of DTM have been addressed appropriately. No further comment. | |||
| Real Estate | REVIEW COMPLETED | The DTM Real Estate Division has no comments or objections to this request. | |||
| ROW Engineering Review | REVIEW COMPLETED | No Comments David Stiffey David.Stiffey@tucsonaz.gov |
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| Signs | REVIEW COMPLETED | RE: sign review aspects For: Marijuana Dispensary use AT: 5851 E Speedway Case: TP-ENT-0124-00002 Reviewer: Heather Thrall (Heather.Thrall@tucsonaz.gov) Date: 4/12/24 Codes: Unified Development Code (UDC, 7A, Sign Standards), National Electrical Code (NEC), Tucson - Pima County Outdoor Lighting Code (OLC), International Building Code (IBC) 1. UDC: A) Sign allowances for this c-2 zoned property are at a ratio of 3 square feet of sign area allowed per each linear foot of tenant street frontage (i.e. Speedway and Sahuara Av). B) Existing detached signs (1 is nonconforming pole sign for height) and signs on archways here may be used for any use within the premises, providing: sign lighting remains static – no change to digital on the nonconforming pole sign - and no tenant can take over more than 50 percent of the sign face with display area. C) New permanent signs require an Arizona licensed sign contractor to submit, obtain the permit and conduct the work. D) It is recommended that no illuminated signs be considered on the north elevation facing the adjacent residential parcels, out of respect to those residents. Please feel free to email me with any questions. Thank you! (Heather.Thrall@tucsonaz.gov) |
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| Site Engineering | REVIEW COMPLETED | Site Engineering has no comments or concerns about the proposed relocation. Lianne Evans lianne.evans@tucsonaz.gov |
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| Site Landscape | REVIEW COMPLETED | Landscape/NPPO has no comments or concerns with regard to this Entitlements Case. Chad Keller chad.keller@tucsonaz.gov |
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| Site Zoning | REVIEW COMPLETED | ||||
| Sun Tran Review | REVIEW COMPLETED | ||||
| Transportation - Bike/Ped | REVIEW COMPLETED | ||||
| Tucson Water New Area Development | REVIEW COMPLETED | TP-ENT-0124-00002 - Entitlement Review v2 – 5851 E SPEEDWAY BL The City of Tucson’s Water Department (Tucson Water) has no objections to this Special Exception to relocate Desert Bloom Releaf Center’s operations to 5851 E. Speedway Blvd on APN 12106001B. Any questions, comments or concerns about these comments may be directed to: Tim Rowe, P.E., Civil Engineer Tucson Water, New Development Section 201 N. Stone Avenue, #2-220 P.O. Box 27210 Tucson, AZ 85726-7210 (520) 837-2106 tim.rowe@tucsonaz.gov |