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Plan Number: TP-ENT-0924-00018
Parcel: 13628006L

Address: Unknown

Review Status: Approved

Review Details: ENTITLEMENT REVIEW v.1

Plan Number - TP-ENT-0924-00018
Review Name: ENTITLEMENT REVIEW v.1
Review Status: Approved
Review Date Reviewer's Name Type of Review Description Status Comments
Entitlement Review Coordinator Express REVIEW COMPLETED
Entitlements REVIEW COMPLETED DATE: January 14, 2025
For January 30, 2025 Hearing


TO: Frank Cassidy FROM: Koren Manning, Interim Director
Zoning Examiner Planning & Development Services



SUBJECT: REZONING – PLANNING & DEVELOPMENT SERVICES REPORT
TP-ENT-0924-00018 Kolb & Irvington PAD, SR to PAD (Ward 4)


Issue – This is a request by Lazarus & Silvyn, P.C. on behalf of the property owner, P1 Properties, LLC to rezone an approximately 17-acre parcel from SR Suburban Ranch to Planned Area Development (PAD) zoning. The rezoning site is located at 4851 S Kolb Road, at the northeast corner of the intersection of Kolb Road and Irvington Road. The PAD proposes to allow for the redevelopment of the site to a commercial center which may include food service, automotive services, personal services, grocery, general retail, personal storage, and other appropriate uses. Rezoning to PAD provides the greatest amount of flexibility for the Project while offering certainty to future businesses.

Planning & Development Services Recommendation – The Planning & Development Services Department recommends approval of PAD zoning, as proposed in the attached PAD document.

Public Outreach – The applicant held a neighborhood meeting on November 12, 2024 at the Clements Recreation Center. Notices were mailed out with labels provided by PDSD and were sent to all property owners within 400 feet of the site, and neighborhood associations within one mile.

In addition to the project team, 10 members of the public attended the meeting. The project team introduced themselves and then presented background information on the subject property and details of the PAD proposal. Lastly, the applicant team described the City’s PAD review and approval process and opened the discussion for questions and answers.

Attendees expressed concern about property security, homelessness, the speed of traffic on Kolb, and road noise. The applicant team addressed these concerns. Attendees also expressed concern with environmental contamination stemming from the previous use of the property as an aircraft salvage yard. The team relayed that PDEQ is aware of the potential issues and zoning approval is a separate process.

Finally, the team explained the rationale and responsibility for landscaped east borders and water retention requirements. One attendee expressed concern about a 40-foot building blocking their views to the west.

Several attendees expressed that the property owner has been great to work with, and the neighborhood association is supportive of the rezoning request. One commented that if people didn’t want to build there, they should have bought it, and they support the project. Another attendee expressed that they would love to have a grocery or RV storage use on the site. The meeting concluded at 7:05pm.

Background Information

PAD Document Review: The PAD document went through an iterative review process with numerous City departments and outside agencies, with a final submittal based on addressing the concerns of reviewing parties. The PAD was placed in review on September 13, 2024 with a due date of October 14th. An updated PAD submittal was provided by the applicant on November 20th. After staff determined review comments were sufficiently addressed, it was scheduled for the Zoning Examiner on January 30, 2025.

Existing Land Use: Vacant.

Zoning Descriptions:

Suburban Ranch: This zone provides for low density, large lot, single-family, residential development and suburban ranch uses, including agriculture uses. This zone is solely to provide comparable zoning for annexed areas and is not intended for rezoning.

Planned Area Development (PAD): enables and encourages comprehensively planned development in accordance with adopted plans and policies. The PAD is a zoning classification which provides for the establishment of zoning districts with distinct standards. A PAD may have land use regulations different from the zoning regulations in the UDC, any other PAD District, or other zoning districts. When a provision in a PAD varies from the UDC, the provisions in the PAD shall govern.

Surrounding Zones and Land Uses:

North: Zoned SR; Vacant.

South: Zoned SR; Davis-Monthan AFB Aircraft Storage across Irvington Road.

East: Zoned R-3; Single-Family Residential, across Kinnison Wash, which is 200 feet across.

West: Zoned SR; Davis-Monthan AFB Aircraft Storage across Kolb Road, an Arterial Gateway Route per the Major Streets and Routes Plan.

The Property is also subject to the restrictions of several Airport Environs Zone Overlays, restricting residential uses and requiring noise attenuation for others.
Previous Cases on the Property: None
Related Cases: None.

Applicant’s Request and PAD Rationale – “P1 recognizes the lack of commercial goods, services, and jobs in the area and proposes increasing economic opportunity by developing the Property as a commercial center. P1 intends to develop a mix of uses that may include, but are not limited to, food service/restaurants, automotive services, personal services, grocery, general retail and personal storage.

The Property’s current zone, Suburban Ranch, does not permit commercial uses, and due to the Property’s proximity to DMAFB regulatory zones, future residential development on the property is prohibited. Because of these constraints, P1 cannot market the Property to specific end-users without first rezoning to permit commercial uses. Rezoning to PAD provides the greatest amount of design and land use flexibility for the Project while offering certainty to existing nearby residents and future businesses looking to invest in the area, both of which are critical for developing a successful commercial project at this location.

Because specific end-users have not been identified, the ultimate site layout has yet to be determined. Therefore, this PAD includes a general land use concept plan and two preliminary development concepts illustrating multiple potential development scenarios and Project configurations.”

Planning Considerations – Land use policy direction for this area is provided by Plan Tucson (PT), the South Pantano Area Plan, and the Groves Neighborhood Plan.

Plan Tucson (PT) - The Property is located within an Existing Neighborhood Building Block on Plan Tucson’s Future Growth Scenario Map. Plan Tucson’s Existing Neighborhood Building Block primarily includes developed property and largely built-out residential neighborhoods. This Building Block’s stated goal is to maintain and enhance the character of the existing neighborhood and accommodate some new development/redevelopment while still encouraging reinvestment in the community that contributes to neighborhood stability.

This proposal accomplishes the creation of a more aesthetically pleasant space. It also serves to locate commercial and employment centers in an area close to existing residential neighborhoods of varying densities placed services in proximity to each other and to residents.

The use of a special zoning district such as a PAD for this project fosters a mixed-use activity node with access to shopping for local residents as well as commuters from between Tucson or Davis Monthan AFB to southeast Tucson. The area has no nearby commercial hub, grocery stores, or service stations and this project would fill a neighborhood and community need.

South Pantano Area Plan – The goal of the Plan is to provide guidelines for proposed development, protect existing development, and to create a sense of community within established neighborhoods.

The rezoning proposal meets plan objectives by locating commercial uses near the intersections of major streets, and by providing for the commercial needs of the area. The wash to the east accomplishes a buffer and screening to the nearest residential uses. All access is to Kolb Road, with a limited number of access points and designed to be compatible with nearby residential uses. It consolidates a number of commercial uses at a major intersection to facilitate “one-stop shopping.”

Groves Neighborhood Plan – The proposal provides commercial uses to meet the needs of existing and future residents in accordance with the Neighborhood Plan goals. The undeveloped area north of the subject site is designated by the Plan to be developed into a mix of residential types, which the proposed PAD would support. Finally, it phases out industrial uses at the project location, in accordance with the Plan.

Project Description – The PAD proposes an infill commercial center with the City of Tucson C-2 Commercial Zone serving as the basis for the PAD’s permitted uses. No residential uses are proposed. The applicant provided a Preliminary Development Plan which outlines the project area and setbacks, and two possible layouts within the PAD document itself.

One layout shows a variety of uses all facing Kolb Road, with a potential self-storage use set back along the edge of the parcel facing Kinnison Wash. The self-storage use shows a 50,000 square foot indoor facility, a second 18,000 square foot facility, and a number of spaces for vehicle storage. The second layout depicts an anchor grocery store in the northeast corner of the site, with several smaller building pads placed closer to Kolb Road. The grocery store in this plan is illustrated at 54,000 square feet in size.

Both plans depict large areas of open space for landscaping and rainwater retention, and four access points to Kolb Road along the western edge of the PAD. No other access is proposed, although the northernmost access point is depicted as shared access to the undeveloped parcel to the north. Parking shall be provided per the UDC. The two plans show a landscaped border along Kolb Road and around or within parking areas.

There is limited pedestrian access to the site due to its remote location and disuse. Currently there is no transit stop within one-half mile of the property. The closest bus stops are at the corners of Kolb and Escalante Roads, or near Irvington and Pantano Roads. There is only a narrow sidewalk with visible damage along its length running the .4 miles up the west side of the property. At the corner of Irvington and Kolb, the sidewalk terminates, and an informal path runs east from the intersection along Irvington. To the north, the sidewalk appears to be in poor condition until it reaches Escalante Road, with multiple areas of damaged or washed-out panels, and runoff-propelled gravel over large stretches. Parking calculations will be per the UDC.

Per City Prop 407, a shared use path is planned between the Aviation Greenway to the north to the intersection of Irvington and Kolb along the west side of Kolb Road, and east on Irvington to the regional loop system along the south side of Irvington Road.

The preliminary plans show shade trees throughout the parking areas. A minimum 10-foot landscape border will be provided along the northern edge of the property, and a 15-foot landscape border also runs along Kolb Rd. No landscape border or screening wall are provided along the property’s eastern boundary due to buffering and screening provided by Kinnison Wash and its existing mature vegetation. Rainwater harvesting will be accomplished across the project area with the use of permeable paving, curb cuts, flush curbs, and basins within landscaping borders.

The PAD incorporates several Climate Sustainability Measures, including but not limited to:
• Rainwater directed to landscape areas for plantings and recharge into the ground.
• Low-water-use vegetation.
• Low Impact Development standards for balanced basin detention and first flush retention.
• Buildings designed to direct rainwater towards basins and landscaping.
• High-albedo roof coating.
• High-efficiency lighting and plumbing fixtures.

PAD Document Overview – The PAD document will use the established standards of the C-2 zone as the base zone. No residential uses are proposed in the zone, otherwise all uses within the C-2 zone are expressly permitted.

To ensure design flexibility and a unified, cohesive development, uses permitted by the PAD are not subject to Unified Development Code (UDC) use-specific standards, with the exception of all Special Exception Land Uses. These will be subject to their respective Special Exception procedures and adhere to the use-specific standards for those uses in the UDC.

The City Zoning Administrator may permit any use not specifically listed in the PAD if determined to be similar in nature to other permitted uses.

In addition, the following accessory uses are permitted for all principal use groups:
• Precision Manufacturing (includes Microbrewery)
• Primary Manufacturing
• Salvaging and Recycling
• Craftwork

All development within the PAD will comply with Airport Environs Zone (AEZ) development standards.




Interpretation

The PAD is governed by the standards within the PAD document. If there is a dispute between a PAD standard and a UDC standard regarding the same provision, feature, or issue, the PAD standard prevails. All UDC provisions, Development Standards, or other COT regulations not exempted or replaced by this PAD document continue to apply, as long as the purposes and goals of this PAD can be furthered in applying the UDC.

The COT Zoning Administrator is the official interpreter of the PAD document.

Urban Design Best Practices

In order to accommodate creative solutions to design and development issues, the PDSD Director may approve alternatives to the development regulations determined by the Director to be consistent with “urban design best practices.” For the purposes of the PAD, “urban design best practices” include design studies approved for the City; adopted urban design standards for an urbanized area or a similar corridor redevelopment in an American city of comparable size; standards or books written by urban design experts, or endorsed by a professional organization, such as the American Institute of Architects or the American Planning Association; or any comparable report, study or standards approved by the PDSD Director. Any such Urban Design Best Practices shall be submitted for review and recommendation to the PDSD Director at me of development package submittal.

Amendments

Administration and the amendments process will adhere to the relevant portion of the PAD.

Conclusion – The Kolb & Irvington PAD request to rezone the site to a PAD is consistent with Plan Tucson, the South Pantano Area Plan, and the Groves Neighborhood Plan. A plan amendment is not required. Approval of the requested PAD zoning is appropriate. No other conditions are required.
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