Plan Review Detail
Review Status: Approved
Review Details: ENTITLEMENT REVIEW v.1
Plan Number - TP-ENT-0425-00008
Review Name: ENTITLEMENT REVIEW v.1
Review Status: Approved
| Review Date | Reviewer's Name | Type of Review | Description | Status | Comments |
|---|---|---|---|---|---|
| Real Estate | NOT REQUIRED | Please notify the Real Estate Division if any property rights need to be addressed. | |||
| Signs | NOT REQUIRED | ||||
| Entitlement Review Coordinator Express | REVIEW COMPLETED | ||||
| Entitlements | REVIEW COMPLETED | DATE: July 30, 2025 For August 14, 2025 Hearing TO: Linus Kafka FROM: Koren Manning, Interim Director Zoning Examiner Planning & Development Services SUBJECT: SPECIAL EXCEPTION LAND USE – PLANNING & DEVELOPMENT SERVICES REPORT TP-ENT-0425-00008 Oracle Dispensary – N Oracle Rd, C-3 (Ward 3) Issue – This is a request by The Planning Center for approval of a Special Exception Land Use to allow the expansion of an existing marijuana dispensary, as permitted in the Unified Development Code (UDC). The project site, which is located at 4695 N Oracle Road #117, includes an existing multi-tenant commercial building located on its own parcel within a larger shopping center. The applicant wishes to expand their 1,700 square-foot dispensary into an adjacent 1,700 square-foot vacant suite. There are no changes to building heights or gross floor area. The subject parcel is zoned Commercial C-3. The parcel is located north of Auto Mall Drive and west of Oracle Road. 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-3 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 March 31, 2025, which was noticed using labels provided by PDSD. No members of the public attended the meeting. Background Information Existing Land Use: The marijuana dispensary currently operates in one suite of the building and proposes to expand into an adjacent vacant suite. Other uses on the commercial site include personal service, commercial kitchen, and a boxing gym. Current Zoning: C-3: This zone provides for mid-rise development of general commercial uses that serve the community and region, located downtown or in other major activity center areas. Residential and select other agriculture, civic, recreational, and utility uses may also be permitted that provide reasonable compatibility with adjoining residential uses. Surrounding Zoning and Land Use: Land surrounding the site is zoned C-3 Commercial. There is a self-storage development to the south, with automotive sales to the west and north. Oracle Road, an Arterial Gateway per the Major Streets and Routes Overlay, is to the east. The land use east of Oracle is all office. Previous Cases on the Property: None Related Cases: None Applicant’s Request – The applicant’s project is an expansion of an existing marijuana dispensary; retail trade use group which requires a Mayor & Council Special Exception. Planning Considerations – Land use policy direction for this area is provided by Plan Tucson. Plan Tucson (PT): The proposed use lies within the Mixed-Use Centers building block of the Future Growth Scenario Map. These areas combine a variety of retail and services options in close proximity to each other, providing access to a variety of good and services. The following policies support the proposed dispensary relocation: LT.28.5.4 Support a mix of commercial, residential, office, governmental, and other service activities at all major employment centers. LT.28.5.8 Support infill and redevelopment projects that reflect sensitivity to site and neighborhood conditions and adhere to relevant site and architectural design guidelines. Project Background The special exception site is located on North Oracle Road, an arterial gateway route, approximately 600 feet north of the intersection of Oracle Road and Auto Mall Drive, on the west side of Oracle Road. The site is currently zoned C-3, and a Mayor & Council Special Exception is required for the proposed Marijuana Dispensary use. The applicant is proposing to expand the existing 1,700 square-foot dispensary into the vacant 1,700 square-foot suite next door. 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-3 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 an existing 1,700 square-foot dispensary within an existing approximately 20,000 square-foot structure. The structure is the only building on the subject parcel and includes multiple suites with several occupancies including a commercial kitchen, boxing gym, and medical supply store. The building is located south of a shared parking area on the parcel immediately to the north, on the west side of Oracle Road. Vehicle access is provided from Oracle Road and is shared with the other parcels comprising the shopping center. Parking calculations for the expansion are identical to the previous use in the vacant suite, and there are no proposed changes to existing parking on-site. 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. 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 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. 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 expanded dispensary is proposed to occupy approximately 3,400 square feet of the existing 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 applicant has stated that the proposed dispensary will have a sales floor that meets the minimum required area. The area requirement in this portion of the UDC only refers to the minimum size of the customer waiting area, and not the sales floor area. It will be required to delineate these two spaces and demonstrate compliance with this requirement at the time building permit applications are submitted. • 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. • 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 2,800 feet northeast of the project site, on River Road and Stone Avenue. • 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, and the closest school or child-care center is approximately 3,800 feet away from 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; there are no parks or treatment facilities within 500 feet of the subject building. • 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. There are no schools within 500 feet 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 utilize existing shopping center parking and access from Oracle Road. The proposed use is subject to the standard parking requirements of 1 space per 300 square feet, which is already provided by existing parking spaces. According to City of Tucson Traffic Engineering review, no street improvements are needed. 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 West 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-3 Commercial. Further, the project lies within the Mixed-Use Centers building block of the Future Growth Scenario Map. Policies within these areas encourage the reactivation of vacant commercial space. 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-3 zone is appropriate. |
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| External Reviewers - Arizona Department of Transportation (ADOT) | REVIEW COMPLETED | hank you for the opportunity to review this new special exception. ADOT has no comments. Rick Freije, M.S.C.E., P.E. Assistant Regional Traffic Engineer SOUTHERN REGION TRAFFIC 1221 S 2nd Ave. Tucson, AZ 85713 Office: 520.388.4203 Mobile: 520.576.8614 | azdot.gov [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, If the expansion will require all conditions to be code compliant, refer to TSM 8-01.0 Solid Waste and Recycle Disposal, Collection, and Storage Requirements. 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 | ||||
| External Reviewers - PC RFCD | REVIEW COMPLETED | The Regional Flood Control District has no objection to this special exception. Patricia Gilbert Hydrologist III Floodplain Management Division Pima County Regional Flood Control District 201 North Stone Ave 9th Floor Tucson, Arizona, 85701 Direct - 520.724.4606 |
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| External Reviewers - Pima Association of Governments | REVIEW COMPLETED | ||||
| External Reviewers - Pima County Addressing | REVIEW COMPLETED | Good evening, Pima Conty Addressing does not have comments on TP-ENT-0425-00008 Curaleaf Expansion – 4695 N Oracle Rd #117. Nicholas Jordan Site Review Project Manager II – 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 | Thank you for the opportunity to provide input on this application. Pima County Development Services has no concerns or comments. Thank you. Anita McNamara, AICP Senior Planner Pima County Development Services Planning Division |
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| 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 | May 2.8, 2.025 City of Tucson Gabriel Sleighter Entitlements Section TEP' Tucson Electric Power P.O. Box 711, OH131 Tucson, AZ. 85714 Telephone: (520) 734-5488 RE: TP-ENT-0425-00008 Curaleaf Expansion -4695 N Oracle Rd #117 Dear Mr. Sleighter; On behalf of Tucson Electric Power {TEP), thank you for the opportunity to comment on this special exception memorandum. TEP has no objections to this memo. This property is located within TEP' s service territory and will require a new service appllcatlon from the owner/developer to extend service to the new location. Please email me with any questions or concerns. I can be reached at Jenna.Reilly@tep.com, or by phone at (520) 734-5488. 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 | This project is not in any HPZ. Not in any archaeological sensitivity zone. No historic or cultural resources are impacted. Historic has no historic requirement or comment, Contact Michael.Taku@tucsonaz.gov |
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| IPC - Entitlements | REVIEW COMPLETED | ||||
| IPC - Fire New Construction | REVIEW COMPLETED | ||||
| IPC - Site Engineering | REVIEW COMPLETED | GS | |||
| IPC - Site Zoning | REVIEW COMPLETED | ||||
| IPC - Traffic Engineering | REVIEW COMPLETED | Based on the ITE Trip Generation Manual, the increase of 1700 SF of dispensary space is estimated to add between 18 (AM) to 32 (PM) new peak hour trips. This amount of traffic can be accommodated for by the surrounding roadway network. No comments or concerns from DTM Traffic Engineering Division. | |||
| ROW Engineering Review | REVIEW COMPLETED | No comments at this time, review will continue on Development Package | |||
| Site Engineering | REVIEW COMPLETED | Site Engineering has no objections or comments at this time. Stephen Blood (520) 837-4958 Stephen.blood@tucsonaz.gov |
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| Site Landscape | REVIEW COMPLETED | CDRC TRANSMITTAL PLANNING AND DEVELOPMENT SERVICES DEPARTMENT REVIEWER: CHAD KELLER, RLA SITE LANDSCAPE/NATIVE PLANT PRESERVATION SECTION PROJECT: EXPANSION OF AN EXISTING LICENSED CANNABIS DISPENSARY ACTIVITY NO: TP-ENT-0425-00008 ADDRESS: 4695 N ORACLE RD ZONING: C-3 COMMERCIAL ZONE This plan has been reviewed for compliance with applicable development criteria in the City of Tucson Unified Development Code (UDC) Administrative Manual (AM) Section 2-11 and Technical Manual (TM) Section for landscape, native plants, and water harvesting. The comments provided are preliminary and are not to be assumed as a complete review of the proposal. During the Development Package review process, a full review will be made by the Site Landscape and NPPO section to ensure compliance with the applicable UDC development criteria and Technical Standards. SITE LANDSCAPE/NPPO COMMENTS: 1. No comments or concerns with this square footage expansion. Thank you. Chad Keller, RLA Landscape Architect chad.keller@tucsonaz.gov 520.837.4923 |
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| Site Zoning | REVIEW COMPLETED | 1. Include the Mayor and Council Special Exception case number, TP-ENT-0425-00008, and approval date on the Tenant Improvement plan sets (TC-COM-1124-02217 and TC-COM-1124-02213) when submitting for formal review. Loran Shamis Loran.Shamis@tucsonaz.gov |
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| Streetcar Track Access Review | REVIEW COMPLETED | ||||
| Sun Tran Review | REVIEW COMPLETED | ||||
| Transportation - Bike/Ped | REVIEW COMPLETED | ||||
| Transportation Landscape Review | REVIEW COMPLETED | no comments at this time | |||
| Tucson Water New Area Development | REVIEW COMPLETED | TP-ENT-0425-00008 - Entitlement Review v1 – 4695 N ORACLE RD The City of Tucson’s Water Department (Tucson Water) has no objections to the requested Special Exemption. 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 |