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Plan Number: TP-ENT-0623-00028
Parcel: 10602011F

Address:
3906 N ORACLE RD

Review Status: Approved

Review Details: ENTITLEMENT REVIEW v.1

Plan Number - TP-ENT-0623-00028
Review Name: ENTITLEMENT REVIEW v.1
Review Status: Approved
Review Date Reviewer's Name Type of Review Description Status Comments
Real Estate NOT REQUIRED
Streetcar Track Access Review NOT REQUIRED Location not within 10 ft of Streetcar tracks
Entitlement Review Coordinator REVIEW COMPLETED
Entitlements REVIEW COMPLETED DATE: August 9, 2023
For August 24, 2023 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-00623-00028 N Oracle Road – North Oracle Road, C-2 (Ward 3)

Issue – This is a request by Adam Call of The Planning Center, on behalf of the property owner Charlotte Machado, 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 3906 N Oracle Road, includes an existing multi-tenant retail building which the proposed dispensary will occupy, and two other buildings, a medical office and restaurant space. The applicant proposes to occupy a 10,000 square-foot space, with a 4,405 square-foot drive-thru planned for a future development phase. The dispensary will, in phase one, occupy the maximum 10,000 square-foot interior space as allowed by the UDC. There will be no change to building heights. The site is zoned C-2 (Commercial) and located on the east side of Oracle Road approximately 500 feet south of the intersection of N Oracle Road and W Roger Road (see Case Location Map).

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 virtual meeting on Wednesday May 17, 2023. Four neighbors attended the meeting. The project team provided a presentation describing the special exception request in detail. Following the presentation, the project team fielded four questions, most of which related to security or traffic management. The project team relayed to the representative from the apartment complex to the east that there would be improvements to buffer the apartments from the Dispensary drive-thru lanes, including a landscape border with trees and a new masonry wall to replace the existing wooden fence.

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: C-2 (Commercial Zone); Single-story commercial strip with a variety of uses including personal service, food service, office, and retail.
South:  C-2 (Commercial Zone); Uses include a service center, two restaurants, and vacant retail space.  Most of the parcel is surface parking.
East: R-3 (Residential Zone); Land use is a two-story apartment building. 
West:  C-2 (Commercial Zone). Wilmot Road, an Arterial Gateway with proposed 150-foot right-of-way per the MS&R Overlay. Across Wilmot, land uses include construction materials sales, and an equipment rental lot.

Previous Cases on the Property: None

Related Cases: None

Applicant’s Request – The applicant’s project, N Oracle Road Marijuana 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 North Stone Neighborhood Plan.

Plan Tucson (PT): Sensitivity to the adjacent residential neighborhoods is a high priority within Plan Tucson (PT). PT policy supports neighborhood commercial, and retail uses along arterial streets, taking into consideration traffic safety and congestion issues. PT guidelines support the location of employment, retail, and services in proximity to each other to allow easy access and reduce dependence on car travel, and support infill and redevelopment projects that reflect sensitivity to site and neighborhood conditions and adhere to relevant site and architectural design guidelines.

The Plan Tucson Future Growth Scenario Map illustrates different building blocks within the city that have specific policies to promote future growth opportunities. 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.

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.

North Stone Neighborhood Plan: The purpose of the following policies is to provide policy direction for the North Stone neighborhood. The goal of these policies is to allow for development, while mitigating the potential negative impacts of a more intense use abutting a lower density or less intense use. This goal can be accomplished, in part, through the buggering of potentially inharmonious uses. If parcels are consolidated and mitigation or buffering techniques incorporated, potentially inharmonious uses can coexist without adverse impact.

Relevant Policies:
• Parking Areas: Soften the visual impact of a parking area with more than four spaces.
1. New, nonresidential uses adjacent to existing residential or less intense development by:
a. Providing a transition of heights and/or intensity from adjacent residential uses;
b. Enhancing and softening architectural features with drought tolerant landscaping, which includes trees in scale to the proposed structures, and understory vegetation, such as shrubs and groundcover;
c. Providing landscaped earth berms or three-foot-high masonry walls to screen parking areas, as well as drought tolerant canopy trees and shrubs to mitigate the visual impact of parking areas with over four spaces;
d. Promoting consolidation of abutting parcels for new, nonresidential uses to allow for adequate buffering of adjacent residential development;
e. N/A
f. Providing security lighting, which is directed away from adjacent residential uses, and other lighting necessary for safety reasons, in accordance with zoning regulations; and
g. Providing primary vehicle access only from a major street.


Project Background
The special exception site is located on North Oracle Road, an arterial gateway, 500 feet south of the intersection of Oracle Road and Roger Road, on the east side of N Oracle Road. 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 facility in an existing 10,000-SF portion of the retail strip, with a drive-thru to be added at a later date.

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 10,000-SF space within an existing building. The building is the largest structure on the parcel and includes multiple storefronts.

The building sits toward the south edge of the property, with a parking area access lane wrapping around the north-facing side. There is additional parking behind the building to the east, up against the boundary fence between this parcel and the two-story apartment buildings to the east. There are two points of entry onto the property, on the west edge of the parcel exiting onto Oracle Road. The proposed use requires 33 spaces, which is available as an existing surplus of parking on the site. The proposal removes 28 parking spaces from the east edge of the parcel to facilitate the creation of a landscaping buffer to the residential building to the east. Two additional spaces will be added along the south property line behind the building. The changes to parking on the site will leave the shopping center with a surplus of 36 parking spaces after proposed site improvements. No bicycle parking is indicated on the preliminary development plan or design compatibility report, a future development package must include adequate bicycle parking. The site has been designed to meet or exceed all required landscaping, lighting, and retention requirements established by the UDC. 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's existing suite is larger than 10,000 square feet. During phase one of the development of the dispensary, this suite will be partitioned to create a 10,000-square-foot floor area. During phase two, the suite will be modified to install a drive-through lane, and only the 10,000-square-foot floor area will remain.

• 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 like the other dispensaries owned by the applicant.


• 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 2,500 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 applicant currently provides delivery from the downtown location and may consider providing delivery to medical patients out of this location in the future, but those operations are not an immediate priority. 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 one mile north 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. No K-12 public, private, or charter schools or licensed childcare centers are within 500 feet of the subject building. The nearest school to the site is Academy Del Sol, a charter school, approximately 2,000 feet northeast of the site on Roger Road.

• 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. - No libraries or public parks listed in Section 6: Marijuana Dispensary and Dispensary Off-Site Cultivation Uses – Required Setback from Certain Parks are within 500 feet of the subject building. There are also no licensed residential substance abuse diagnostic and treatment facilities or other licensed residential drug or alcohol rehabilitation 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. This is not an expansion of an existing dispensary and no K-12 public, private, or charter schools are within 500 feet of the subject building.

• 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 applicant is familiar with applicable health regulations for marijuana dispensaries and adheres to them at their current dispensary facilities. 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.
The applicant is familiar with the City’s odor mitigation plan requirements and has achieved compliance with this provision at their other facilities in Tucson. 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;
• D2 Dispensaries is an experienced operator, and can ensure no odors emit from the Project; and
• The Project reactivates a vacant commercial space. The Project includes landscaping borders along the property lines where none currently exist. The developer intends to replace the existing wooden fence between the project site and multi-family buildings to the east and install shade trees to further screen them from the dispensary use.

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 a major thoroughfare, North Oracle Road. The project is also located 550 feet from two bus stops at the intersection of Oracle Road and Roger Road.

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 located in Tucson Police Department’s Operations Division West as well as by Tucson Fire. A solid waste enclosure and recycling enclosure will be installed near the northeast corner of the subject building.

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. 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.

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.

The project site is an existing development with a 30-inch-tall masonry wall and a ten-foot landscape border adjacent to Oracle Road. There are no proposed improvements to this screen and landscape border. The screen between the project site and the La Cima Apartments to the east is currently a four-foot-tall wooden fence. This screen will be replaced with a five-foot masonry wall and a new ten-foot landscape border. The landscape border will incorporate native, drought-tolerant vegetation placed between existing trees on the La Cima Apartments property to create a continuous canopy that screens the subject building from residents’ view. Additional trees will also help mitigate sound and exterior lighting from the existing building. It is proposed that additional vegetation in the new landscape border be a mix of thorny and spikey plants that limit pedestrian movement over the new screen. Plant types and placement are subject to change per conversations with the La Cima Apartments property owner.

Traffic/Circulation
The site will largely retain the existing traffic circulation and curb cut locations. The site’s Marijuana Dispensary use requires a minimum of 33 parking spaces. No new ADA compliant parking or bicycle parking are indicated – development package must demonstrate compliance with applicable requirements per the UDC.

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.
External Reviewers - Arizona Department of Transportation (ADOT) REVIEW COMPLETED July 17, 2023
Mr. Marcos Esparza, PE
M Esparza Engineering, LLC
2934 W. Salvia Dr.
Tucson, AZ 85745
Re: Southeast Corner (SEC) of SR 77 (Oracle Road) and Roger Road
Traffic Impact Analysis (TIA) for Oracle Road Dispensary – June 2023
Dear Mr. Esparza:
This letter is being sent to provide acceptance on the Traffic Impact Analysis (TIA) dated June 12, 2023
and received June 20, 2023, for the proposed Oracle Road Dispensary in the southeast corner (SEC) of SR
77 (Oracle Road) and Roger Road in Tucson. The proposed development is requesting access via two (2)
existing driveways onto SR 77. Indirect access to the project would also be available from Roger Road
along the rear of the strip plaza.
The proposed development would consist of a 10,000 square foot marijuana dispensary with an
enclosed drive-through lane. According to the ITE Trip Generation Manual, 11th Edition, the proposed
development is estimated to generate 2,111 weekday daily trips, with 105 trips occurring during the AM
peak hour and 189 trips occurring during the PM peak hour.
The developer/owner will need to complete an ADOT Encroachment Permit Application and have a
signed Permit before commencing work within State Right-of-Way. The On-Site Plans and Off-Site
Improvement Plans, including the civil plans, traffic plans, and other requirements of the Encroachment
Permit will need to be submitted to the Southcentral District Permits Office in Tucson for review and
approval by the appropriate disciplines. Additional information can be found on ADOT’s website at
https://azdot.gov/business/permits/encroachment-permits.
Questions regarding the permit requirements, application, or process should be directed to Michelle
Garza, is our Permits Supervisor and may be contacted at (520) 388-4232. Additionally, the ADOT
Southcentral District Permits email address is southcentralpermit@azdot.gov for submittals.
Sincerely,
James Gomes, Jr., P.E.
ADOT Southern Regional Traffic Engineer
1221 S. 2nd Ave.
Tucson, AZ 85713
Office 520-388-4231
JGomes@azdot.gov
External Reviewers - AZ State Land REVIEW COMPLETED No comments - GS
External Reviewers - COT Environmental Services REVIEW COMPLETED No comments - GS
External Reviewers - COT Parks & Recreation REVIEW COMPLETED Tom Fisher

On behalf of the City of Tucson Parks and Recreation Department, I have no comments on the above development plan.

Tom Fisher
Project Manager
City of Tucson Parks and Recreation Department
900 S. Randolph Way
Tucson, Arizona 85716
(520) 837-8037
External Reviewers - Davis Monthan AFB REVIEW COMPLETED CARTER, BONNIE K GS-12 USAF ACC 355 CES/CENPL <bonnie.carter@us.af.mil>
TucsonRezoning
Sir/Ma’am



Davis-Monthan AFB Planning Staff have reviewed the request for special exception for marijuana dispensary and find this should not negatively impact our mission.





Kacey



B. Kacey Carter, Civ USAF ≡✪≡

Base Community Planner

355th Civil Engineer Squadron/CENPL

Davis-Monthan AFB AZ

520-228-3291

bonnie.carter@us.af.mil
External Reviewers - PC RFCD REVIEW COMPLETED [EXTERNAL] TP-ENT-0623-00028, Oracle Dispensary
Patricia Gilbert <Patricia.Gilbert@pima.gov>
Wed 7/12/2023 3:57 PM
The Pima County Regional Flood Control District has no objection to this rezoning.



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
External Reviewers - Pima Association of Governments REVIEW COMPLETED No comments - GS
External Reviewers - Pima County Addressing REVIEW COMPLETED Nicholas Jordan <Nicholas.Jordan@pima.gov>
TucsonRezoning
Good afternoon,



Pima County Addressing does not have comments on TP-ENT-0623-00028, Oracle Dispensary – Oracle Road, 3906 N Oracle Rd (tax parcel ID #106-02-011F).



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
External Reviewers - Pima County Assessor REVIEW COMPLETED No comments - GS
External Reviewers - Pima County Development Services REVIEW COMPLETED No comments - GS
External Reviewers - Pima County Natural Resources REVIEW COMPLETED No comments - GS
External Reviewers - Pima County Transportation REVIEW COMPLETED No comments - GS
External Reviewers - Pima County Wastewater (RWRD) REVIEW COMPLETED Mirela Hromatka <Mirela.Hromatka@pima.gov>
TucsonRezoning
RWRD has no objection to the requested special exception for a marijuana dispensary.



______________________________________________

Mirela Hromatka

Senior Planner

Office: (520) 724-6488



Pima County Regional Wastewater Reclamation Department

Technical Services & Engineering

201 N. Stone Avenue, 3rd Floor

Tucson, AZ 85701-1207



www.pima.gov/wastewaterreclamation
External Reviewers - Tohono Oodham REVIEW COMPLETED No comments - GS
External Reviewers - Tucson Airport Authority REVIEW COMPLETED July 17, 2023
Gabriel Sleighter
Entitlements Section
Planning and Development Services
City of Tucson
201 North Stone Avenue
Tucson, AZ. 85701
RE: TP-ENT-0623-00028, Oracle Dispensary – Oracle Road, 3906 N Oracle Rd (tax parcel ID
#106-02-011F), Received July 12, 2023
Dear Mr. Sleighter,
Thank you for the opportunity to comment on TP-ENT-0623-00028, a Special Exception request
to establish a marijuana dispensary (with drive thru) in rezone tax parcel # 106-02-011F,
approximately 14,405 sq ft, in C-2 (Commercial Zone 2). This Special Exception request lies in
the N.W. quarter of the N.W. quarter of Section 25, Township 13S, Range 13E, of the Gila and
Salt River Meridian. The nearest major roadway intersection is North Oracle Road and West
Roger Road, approximately 500 feet to the northwest of the proposed Special Exception
request.
According to the Federal Aviation Administration (FAA) Notice Criteria Tool, no Notice Criteria
are exceeded at the project site.
The Tucson Airport Authority approves the rezoning request and has no additional comments to
provide and is not requesting a resubmittal.
Please do not hesitate to contact me if you have any questions or concerns regarding this
comment letter. I can be reached by email at srobidoux@flytucson.com or by telephone at 520-
573-4811.
Respectfully,
Scott Robidoux, C.M.
Manager of Planning
External Reviewers - Tucson Electric Power (TEP) REVIEW COMPLETED No comments - GS
External Reviewers - Tucson Unified School District (TUSD) REVIEW COMPLETED No comments - GS
Fire New Construction REVIEW COMPLETED
Historic REVIEW COMPLETED Historic concurs with the conclusions provided in the assessment report.
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
ROW Engineering Review REVIEW COMPLETED No Comments

David Stiffey

David.Stiffey@tucsonaz.gov
Signs REVIEW COMPLETED Heather Thrall
TucsonRezoning
Susan Montes;Carver Struve
RE: signage aspects
For: Dispensary with drive thru
AT: 3906 N Oracle Rd
Case: TP-ENT-0623-00028
Reviewer: H. Thrall (Heather.Thrall@tucsonaz.gov)


There are no billboards present on this property.
The subject parcel is part of a larger, overall premise that includes the shopping center to the north. The maximum number of freestanding signs are installed at this development.
Sign area allowances for the building are at a ratio of 3 square feet per linear foot of tenant building wall length (where public enters), cap of 30% coverage of walls with signs
Add prominently visible signage at 7' tall - on each side of the drive thru exit to "watch for pedestrians / pedestrian crossing"
Recommend any signage on east / south elevations that face residential to be non-illuminated signs, or halo lit style
For establishments that close at specific times, please be aware that timers are required to shut signs off at midnight, per outdoor lighting code
If you have any questions - please contact me by email.

Regards,



Heather Thrall

Heather Thrall

Lead Planner

Planning & Development Services

City of Tucson



main 520-837-4961

email Heather.Thrall@tucsonaz.gov
Site Engineering REVIEW COMPLETED Site engineering has no comments or objections to the special exception as proposed.

Lianne Evans
lianne.evans@tucsonaz.gov
Site Landscape REVIEW COMPLETED TO: Planning and Development Services Department, Rezoning Section 
FROM: Matthew Carlton 
PDSD Landscape/Native Plant Preservation Section 

PROJECT: ORACLE RD DISPENSARY
ACTIVITY NO. TP-ENT-0623-00028
ADDRESS/PARCEL: 3906 N ORACLE RD/106-02-011F
CURRENT ZONING: C-2
SPECIAL EXCEPTION

EXISTING USE: RETAIL
PROPOSED USE:  MARIJUANA DISPENSAY

TRANSMITTAL DATE: JULY 20, 2023
DUE DATE: AUGUST 4, 2023

COMMENTS: 
1. Landscape/NPPO has no concerns about this proposed change of use.
2. Bring the existing street landscape border into full code compliance
3. Replace missing trees in the vehicular use areas where necessary or missing from existing landscape planters in the parking lot.
4. Use flush curbs for the new landscape border on the east side of the property and depress the landscape to allow for some water harvesting to happen on the site..

If you have any questions about these comments, I can be reached at Matthew.Carlton@tucsonaz.gov or 520-837-4988
Site Zoning REVIEW COMPLETED Special Exception

FROM: PDSD Zoning Review

PROJECT: Mayor and Council Special Exception Procedure, Section 3.4.4
TP-ENT-0623-00028

Address: 3906 N Oracle RD
Parcel(s): 106-02-011F
Existing Zoning: C-2
Existing Use: Shopping Center
Proposed Use: Shopping Center/Retail-Marijuana Facility: Dispensary

TRANSMITTAL DATE: August 4, 2023

COMMENTS:
1. Development must comply with the Administrative Manual Section 2-06 - Development Package.
2. A Marijuana Facility: Dispensary is permitted in the C-2 zone through a Mayor and Council Special Exception Procedure (3.4.4 UDC).
3. The development must comply with 4.9.9.E.1 of the UDC 4.

4. Development standards:
a. 40’ Building Height Maximum
b. There is no lot coverage Maximum.

5. Required setbacks:
a. Adjacent to Residential zones: 1½(H)
b. Adjacent to Oracle RD: For nonresidential and multifamily development abutting an Arterial or Collector Street the minimum required street perimeter yard is 10 feet, as measured from the existing or future property line as determined by the adopted Major Streets and Routes Plan, whichever is greater.

6. Parking requirements: See TABLE 7.4.4-1

7. Bike parking requirements: See Table 7.4.8-1

8. Additional comments:
a. Proposed dispensaries must be a minimum of 2,000 feet from any other marijuana dispensary. Planning and Development Services (PDSD) operates on a “First come, first serve” basis. If there are multiple applications within 2,000 feet of each other, PDSD will grant permits to the first dispensary to gain approval of their Development Package.
9. 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 Zoning to assure compliance with the applicable UDC development criteria and Technical Standards.

If you have any questions, please contact Nicholas Martell at Nicholas.Martell@tucsonaz.gov.
Sun Tran Review REVIEW COMPLETED No comments - GS
Transportation - Bike/Ped REVIEW COMPLETED No comments - GS
Transportation Landscape Review REVIEW COMPLETED No comments - GS
Tucson Water New Area Development REVIEW COMPLETED TP-ENT-0623-00028 - Entitlement Review v1 – 3906 N ORACLE RD

The City of Tucson’s Water Department (Tucson Water) has no objections to the requested Special Exception.

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