Plan Review Detail
Plan Number: TP-MOD-0326-000028
Parcel: 105130570
Review Status: Approved
Review Details: MODIFICATIONS REVIEW v.1
Plan Number - TP-MOD-0326-000028
Review Name: MODIFICATIONS REVIEW v.1
Review Status: Approved
| Review Date | Reviewer's Name | Type of Review | Description | Status | Comments |
|---|---|---|---|---|---|
| Entitlements - Standard | REVIEW COMPLETED | DATE: May 5, 2026 For May 21, 2026 Hearing TO: Jim Mazzocco FROM: Koren Manning Zoning Examiner Planning & Development Services Director SUBJECT: REZONING - PLANNING & DEVELOPMENT SERVICES REPORT TP-MOD-0326-000028 Town West – First Avenue, Major Change to Preliminary Development Plan and Conditions, R-2 to C-1 (Ward 3) Issue – This is a request by Lazarus & Silvyn, P.C. on behalf of the property owner, First and Limberlost Plaza LLC, for a major change to the preliminary development plan (PDP) and conditions for rezoning case C9-19-03. The rezoning case, C9-19-03 was ordinanced by Mayor and Council on May 21, 2019, with subsequent administrative minor changes to the 2019 PDP in 2022 and 2023. In April 2024, Mayor & Council authorized a five-year time extension to April 21, 2029 in order to implement and effectuate all requirements and conditions of rezoning (Ordinance No. 12086). The applicant seeks to revised the Preliminary Development and modify Conditions to allow one overnight delivery to Aldi and a future restaurant, with additional conditions requiring that all onsite uses close by 10:00 p.m; and design mitigation for the Aldi grocery store requiring depressed/inclined dock screened by masonry wall length of the loading area, with sound-proof dock seal for rear loading doors connecting to the trucks. Maximum building height to increase from 18 feet to 19 feet, with architectural treatments not to exceed 29 feet from previous condition of 24 feet. The subject location, addressed at 4137 N 1st Ave, spans five parcels at the southwest corner of 1st Ave and Limberlost Drive. Planning & Development Services Recommendation – The Planning & Development Services Department recommends approval of the modified Conditions and the revised associated Preliminary Development Plan, subject to the attached preliminary conditions. Background Information Existing Land Use: Vacant Zoning Descriptions: The property is currently zoned R-2 Residential, but the site has been approved for C-1 Commercial under Case C9-19-03. The C-1 zone provides for low-intensity, commercial and other uses that are compatible with adjacent residential uses. Residential and select other agriculture, civic, recreational, and utility uses may also be permitted that provide reasonable compatibility with adjoining residential uses. Adjacent Zones and Land Uses: • North – zoned R-3; Multifamily • East – zoned C-1; Gas station • South – zoned R-2; Single-family residential • West – zoned R-2; Single-family residential Neighborhood Meeting – The applicant sent letters to the adjacent neighboring property owners informing them of the proposed changes and offering a neighborhood meeting to provide information discuss this modification request. The applicant team held their neighborhood meeting at 6:00 pm on January 13, 2026 at the Comfort Suites at Tucson Mall, 515 W Auto Mall Drive. Other than the project team, approximately 14 neighbors attended the meeting. The project team introduced the project and revised development plan centered around a new ALDI grocery store and explained the proposed changes to rezoning conditions. Attendees asked questions about the ALDI delivery process, and if the potential restaurant on the southern end of the development would have the same loading standards. The loading process was described, and the applicant team stated that no end-users were in mind yet and did not want to create difficulty attracting end-users with uses requiring flexible delivery hours. The project team suggested a coffee shop was interested in the location, and they don’t require large product deliveries typical to grocery stores. The project team assured an attendee rooftop mechanical equipment would be screened from view, and responded to another that the ALDI would be approximately 20,000 square feet, stating that is much smaller than the typical Fry’s or Sprouts grocery store. Building dimensions would be approximately 160 by 90 feet. The team explained ALDI’s waste and recycling procedure, pedestrian access and circulation, and any traffic-mitigating features proposed along with the requirement for development plans accounting for future road development. The project team also explained that traffic conditions would not be similar to the Trader Joe’s on River and Campbell due to the larger lot and lack of other uses. The project will provide for 98 parking spaces, although only 89 are required. The parking area would comply with City of Tucson shade tree and landscaping requirements in the parking area. It was also explained lighting would conform to the City’s Outdoor Lighting Code and Dark Skies ordinance, and would not have light trespass at the edges of the Project. There were concerns raised about the existing issues with the unhoused population, and general questions about typical ALDI operations. Planning Considerations – Plan Tucson and the North Stone Neighborhood Plan provide policy direction for the site. The property is located within the Mixed Use Corridor Building Block. Plan Tucson – Mixed Use Corridors are designed to promote a mix of retail services, housing, and employment centers, with uses such as community-serving retail and dining along major streets, with access to a mix of transportation modalities. North Stone Neighborhood Plan – The Neighborhood Plan supports non-residential development only at the intersections of major street, and where the consolidation and integration of parcels and frontage can be provided along two major streets while maintaining the viability of adjacent residential uses. Design Considerations Land Use Compatibility – The proposal details a new community-serving grocery store along major streets as required by the Area and Neighborhood Plans. It develops multiple parcels of land by consolidating them at an appropriate location to provide a mix of services to the community with access to different transit modalities. It also develops a currently underutilized site. The proposal incorporates a range of features designed to mitigate light, noise, and emissions impacts to nearby residential uses. The proposed ALDI will sit in the middle of the property along the western side, with parking east and north along the roadways, with landscaped borders and a masonry wall between the site and residential uses to the west. The proposed drive-through restaurant pad is on the southern end of the site, with parking along 1st Ave. Rezoning conditions require solid waste facilities to be at least 50 feet from any residential use, and the updated Preliminary Development Plan demonstrates compliance with that condition. The site provides 108 parking spaces, although only 89 spaces are required. Five EV charging only spaces are provided, with the potential for four additional spaces to be converted for EV charging in the future. Short-term bicycle parking for guests, and long-term bicycle parking for staff are both provided. The loading dock faces east towards 1st Ave, and is depressed and screened by a 4-foot masonry wall. ALDI reloading procedures require trucks to be shut off during the unloading process, and a docking skirt encloses the rear of the container ensuring that all unloading operations are conducted within the enclosed space to prevent noise trespass. Limiting overnight deliveries to one per night per building with controls on idling engines and back-up alarms mitigates noise and emission impacts. The grocery store and drive-through uses are buffered from the residential property to the west by a 15-foot landscape border and 6-foot-high masonry wall. Parking is primarily located to the east and north, providing some distance between parking cars and housing. Limiting service to the public to no later than 10:00p.m. also ensures that light and noise trespass from automobiles will be minimized overnight. The solid waste facilities comply with rezoning conditions requiring them to be 50 feet from residential zoning, and are within waste enclosures. Revised Condition 1 is proposed: A development package in substantial compliance with the preliminary development plan dated November 14, 2023 May 5, 2026 and required reports, is to be submitted and approved in accordance with the Administrative Manual, Section 2-06. Elimination of Condition 10 is proposed: Commercial deliveries shall be made no earlier than 6:00a.m. and no later than 5:00p.m. The grocery store and the restaurant are each permitted to receive a single overnight delivery. Reverse alarms on delivery trucks shall be disabled for overnight deliveries, and truck engines and refrigeration units shall be turned off during unloading. Proposed modification to Condition 11: Maximum building height shall be 18 19 feet with architectural corner treatments no higher than elements not to exceed 24 29 feet. A new condition is proposed by the applicant: All uses shall be closed to the public by 10:00p.m. A new condition is proposed by Staff: The grocery store loading dock shall be depressed, screened behind an at least 4-foot CMU wall, face east towards 1st Avenue, and shall incorporate a docking apparatus enclosing the rear of a trailer to ensure all unloading operations are fully enclosed. Conclusion –The proposed major change to the development plan is appropriate for this location, is compatible with existing surrounding land uses, and is in compliance with Plan Tucson and North Stone Neighborhood Plan. Subject to compliance with the attached preliminary conditions, approval of the modified conditions and associated preliminary development plan is recommended. |
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| Fire New Construction - Standard | REVIEW COMPLETED | ||||
| ROW Engineering Review - Standard | REVIEW COMPLETED | ||||
| Site Engineering - Standard | REVIEW COMPLETED | Permit Activity Number: TP-MOD-0326-000028 (1st Review) Project: Change of Rezoning Condition request to allow development of a grocery store and restaurant. Location: 4137 N 1ST AV Review Date: 4/27/2026 Reviewer: Marco Contreras – Engineering Associate - Site Engineering *This plan has been reviewed for compliance with applicable development criteria in the City of Tucson Unified Development Code (UDC) Administrative Manual (AM) Section 2-6 and Technical Standards Manual (TSM) Section for waste management, Pedestrian Access, Hydrology -Retention/Detention Requirements, and all site standard code. * City of Tucson Code: https://www.tucsonaz.gov/Departments/Planning-Development-Services/Codes Floodplain Code: https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az/0-0-0-19333 Drainage Manual Link: https://www.tucsonaz.gov/files/sharedassets/public/v/1/pdsd/documents/engineering-code/cot-drainage-manual-searchable.pdf Design standards for Stormwater Detention and Retention Link: https://www.tucsonaz.gov/files/sharedassets/public/v/1/pdsd/documents/engineering-code/updated-retention-detention-manual.pdf Site Engineering Review Comments: 1. Per TSM 7-01.4.1.B, a sidewalk will be required along the West side of the Aldi building. Ensure that the sidewalk falls in compliance with TSM 7-01.4.1.E & TSM 7-01.4.3 Standards. 2. Demonstrate how the Proposed Long-Term bicycle related to the Aldi parking falls in compliance with TSM 7-01.3.3. by being connected to the site’s pedestrian circulation. 3. Provide a total setback delineation in regard of the loading doc in relation to the adjacent residential properties. 4. Site Engineering has no concerns/comments relating to the proposed condition changes – which include a timeline extension to substantial review/approval of the DP, delivery hour restrictions to be removed, Maximum height allowance changed to 19ft structurally & 29ft architecturally & providing a brand-new condition of public use/operation hours ending by 10PM. If you have any questions or concerns, please contact Marco Contreras at Marco.contreras@tucsonaz.gov |
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| Site Landscape - Standard | REVIEW COMPLETED | PLANNING AND DEVELOPMENT SERVICES DEPARTMENT REVIEWER: CHAD KELLER, PLA SITE LANDSCAPE/NATIVE PLANT PRESERVATION SECTION PROJECT: CHANGE OF REZONING CONDITION REQUEST TO ALLOW DEVELOPMENT OF A GROCERY STORE AND RESTAURANT ACTIVITY NO: TP-MOD-0326-000028 ADDRESS: 4137 N 1ST AV ZONING: RESIDENCE ZONE (R-2) LAND USE: GROCERY STORE/RESTAURANT 2026.05.01 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/NPPO REVIEW SECTION TO ENSURE COMPLIANCE WITH THE APPLICABLE CITY OF TUCSON UNIFIED DEVELOPMENT CODE, TECHNICAL STANDARDS MANUAL AND ADMINISTRATIVE MANUAL REQUIREMENTS FOR SITE LANDSCAPE, NATIVE PLANTS AND RAINWATER HARVESTING. SITE LANDSCAPE/NPPO COMMENTS: 1. Site landscape has no comments or concerns with the proposed change of condition #1, #10 and #11. The document outlines the original design compatibility and buffers and screening that were also outlined in the pre-application conference under ACTIVITY NO: TP-PRE-0925-00194. 2. A recap of the original comments from the above-mentioned pre-application activity number below: *A masonry wall at least six (6) feet high shall be constructed along all property lines adjacent to residential zoning or uses; *All walls visible from a public right-of-way and/or adjacent to existing residential development, are to be graffiti-resistant and incorporate one (1) or more visually appealing design treatments, such as the use of two (2) or more decorative materials like stucco, tile, stone, or brick; a visually interesting design on the wall surface; varied wall alignments, (jog, curve, notch, setback, etc.); and/or trees and shrubs in voids created by the wall variations; *Six (6) inch wide masonry block or greater shall be used for perimeter walls; *A minimum fifteen (15) foot wide landscape border shall be provided along the west property line of the rezoning site. 3. In addition to the above stated requirements, on the west property line, design the wall to be directly on the property line as required by UDC 7.6.4. Include the required interior landscape border canopy trees. 4. State on the PDP that Commercial Rainwater Harvesting will be implemented as part of this development. 5. Full site landscape code is required for this site. State on the PDP, or show all of the required landscape borders, and parking lot trees. Thank you. Chad Keller, PLA Landscape Architect chad.keller@tucsonaz.gov 520.837.4923 |
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| Site Zoning - Standard | REVIEW COMPLETED |