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Plan Number: TP-PRE-0124-00016
Parcel: 13214024B

Address:
880 E BENSON HY

Review Status: Approved

Review Details: PRE-APPLICATION CONFERENCE REVIEW v.1

Plan Number - TP-PRE-0124-00016
Review Name: PRE-APPLICATION CONFERENCE REVIEW v.1
Review Status: Approved
Review Date Reviewer's Name Type of Review Description Status Comments
Entitlements REVIEW COMPLETED REZONING/SPECIAL EXCEPTION
PRESUBMITTAL PREAPPLICATION REVIEW
DATE: 01/31/24
REVIEWED BY: Samuel Paz, Lead Planner
CASE NUMBER: TP-PRE-0123-00016
PROJECT ADDRESS: 880 E. Benson Highway
PARCEL NUMBERS: 132-14-024B
EXISTING ZONING & LAND USE: C-2 (COMMERCIAL) GAS STATION
PROPOSED LAND USE: MARIJUANA DISPENSARY
PROJECT LOCATION & DESCRIPTION:
This request is for a (M/C) special exception for marijuana dispensary on a .78-acre site in the C-2 zoning district on behalf of Nirvana Center Dispensary. This pre-submittal request is a to establish a new 5,000 SF building. The property is currently occupied by a vacant fuel station. This proposal also includes existing landscaping and equipment storage, pole sign and driveways. The site is located southwest of East Benson Highway and South Park Avenue intersection. A perpetual easement (state) is located within the subject parcel along East Benson Highway.
APPLICANT NAME: Robin Large, Lazarus and Silvyn
E-MAIL: rlarge@lslawaz.com
Plan Amendment: NO
PLAN SUPPORT BASED ON CONCEPT PRESENTED (SEE NOTES BELOW):
1 DESIGN COMPATIBILITY + COMMUNITY INPUT
PLAN DIRECTION
ADOPTED PLAN(S): Plan Tucson, Kino Area Plan
PLAN AMENDMENT NO, ADDITIONAL INFO REQUIRED (SEE NOTES BELOW)
APPLICABLE PLAN POLICIES:
Plan Tucson
The site of the proposed special exception is covered by Plan Tucson and the Kino Area Plan.
Plan Tucson: 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 development lies within the Mixed-Use Corridor building block of the Future Growth Scenario Map. Mixed-use Corridors provide a higher intensity mix of jobs, services, and housing along major streets. The businesses and residences within these corridors will be served by a mix of high-frequency transit options, as well as pedestrian and bicycle facilities. The following policies support commercial infill:
• LT28.1.4 Require nonconforming signs to be removed or brought into conformance as a condition of rezoning, development plan approval, pr change in land use.
• LT28.6.3 Support community commercial and office uses located at the intersections of arterials streets, taking into consideration traffic safety and congestion issues.
• LT28.6.12 Support infill and redevelopment projects that reflect sensitivity to site and neighborhood conditions and adhere to relevant site and architectural design guidelines.
Kino Area Plan
The subject parcel is located within the Kino Area Plan and within “Site 1”. The goals for commercial development within the KAP include providing an adequate amount and appropriate arrangement of commercial development. The following policies support commercial infill within the area plan:
POLICY 1: The City should promote a variety of commercial activity centers within Kino to accommodate future regional, community, and neighborhood commercial needs (GP, Section 11, Policy 5 & 7A, B, C). This can be accomplished by:
• a) Supporting additional development of the tourist-oriented commercial centers around the Park Avenue-Interstate 10 interchange (such as those proposed by the Little America Corp.) (Site 1).
• c. Encouraging private developers to utilize existing provisions in the Land Use Code which allow the integration of appropriate commercial and supportive service activities within industrial parks.
SURROUNDING ZONING AND USES:
The site is zoned and surrounded by C-2 with numerous motels and industrial businesses. The commercial zoning area is also bordered by Industrial zoning (I-1) to the southwest.
ANALYSIS:
The applicant is requesting a Special Exception Land Use for a dispensary to establish a new 5,000 sf building dispensary. The preliminary development plan does not indicate outdoor seating areas. The proposed building height is within the building heights allowed in C-2 zoning. Preliminarily, the project complies with the minimum distance requirement from public parks, schools, libraries, residential substance abuse or licensed rehab facilities and other marijuana dispensaries. Additionally, support of the previously mentioned requirements will be required.
This proposed marijuana dispensary is subject to approval through a Mayor and Council Special Exception Procedure (sections 3.4.4. and 5) and is subject to Sections 4.8.6 and 4.9.9 of the UDC. Mayor and Council is the final review authority to render a decision to grant the use with or without conditions, or to deny the use.

A plan amendment will not be required but more design consideration indicating design capability as well as community dialogue with the adjacent neighbors will be required. Furthermore, the proposal will need to further demonstrate the use-specific standards of UDC 4.9.9.E.
ADDITIONAL PLAN POLICIES TO CONSIDER:
None
Fire New Construction REVIEW COMPLETED TP-PRE-0124-00016 • Pre-Application Conference Review v1 • 880 E BENSON HY TUCSON, AZ 85713:
Based on the information provided, TFD has the following comments:

1. Verify hydrants meet the requirements of 2018 IFC, 507.5.1 (measured as the hose lays)

Questions: patricia.shelton@tucsonaz.gov / 520.837.7082
Site Engineering REVIEW COMPLETED Site engineering has no comments or concerns about the proposed special exception.

Lianne Evans
lianne.evans@tucsonaz.gov
Site Landscape REVIEW COMPLETED PROJECT: NIRVANA CENTER
ACTIVITY NO. TP-PRE-0124-00016
ADDRESS/PARCEL: 880 E BENSON HWY/132-14-024B
ZONING: C-2

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 Landscape/NPPO to assure compliance with the applicable UDC development criteria and Technical Standards.

COMMENTS:
1. Bring the site up to current landscape code by doing the following:
2. There must be a NPPO or NPPO waiver. An NPPO is required per UDC 7.7.3-B. A Native Plant Preservation Plan, Section 7.7.4, is required to be submitted or approved or a request for an exception from the Native Plant Preservation requirements approved in accordance with Sections 7.7.3.D.3 & .4 of the UDC and Admin. Manual Section 2-11.0.0 prior to Grading Plan approval.
3. A landscape plan is required per 7.6.2.B.1-b. The Unified Development Code (UDC) requires all new development or an expansion of greater than 25% of an existing development to submit a landscape plan, UDC 7.6.2. Preparation of the landscape plan shall adhere to UDC 7.6.4 and Administrative Manual 2-10.
4. Ensure the required number of trees is in all vehicular parking areas (1 tree: 4 parking spaces) per UDC 7.6.4.B.1. Trees are to be distributed evenly throughout the parking area, UDC 7.6.4.1.B.1, UDC Technical Standards Manual 5-01-.3.2 and UDC 7.6.4.B.1.a.
5. There will need to be a street landscape border on E Benson HWY & S Park AV per UDC 7.6.4.C-2 and Table 7.6.4-1. See UDC 7.6.4.C for landscape border requirements.
6. See Engineering notes for Retention/Detention.
7. All landscape plans shall incorporate water conserving design as defined in UDC Section 7.6.6, Use of Water, and as described in the Technical Standards Manual 5.01-5.11.
8. The Landscape Plan should match the Commercial Rainwater Harvesting Plan as well as the Grading Plan. Landscape plan should have spot elevations in the detention/retention areas as well as in all water harvesting areas in the Landscape Plan.
9. Maximize the rainwater harvesting across the site into the landscape areas, including but not limited to the street landscape borders as well as the tree wells for the required trees for the parking lot.
10. A Commercial Rainwater Harvesting plan is required per the UDC Technical Standards Manual – Section 4-01.3.0. and Section 5-01.0.0 Landscaping and Screening for this area. . Adherence to the Low Impact Development Standards outlined in Section 5 of the PCRFCD Design Standards for Stormwater Detention and Retention is required and shall work in conjunction with the Commercial Rainwater Harvesting design. Using Low Impact Development design and water harvesting provides critical basin detention and first flush retention for all new development and impervious area.
11. The Commercial Rainwater Harvesting Plan must utilize the Site Water Budget (located here: https://www.tucsonaz.gov/Departments/Planning-Development-Services/Building-Safety/Water-Energy-Conservation). See TSM 4-01.0.0 Exhibit A. The Site Water Budget is how the Water Dept tracks the irrigation water use on-site, not first flush retention volume charts.

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 Pre-Submittal Transmittal

FROM: Nicholas Martell
PDSD Zoning Review

PROJECT: Rezoning Pre-submittal meeting TP-PRE-0124-00016
Address: 880 E BENSON HY
Parcel(s): 13214024B
Existing Zoning: C-2
Proposed Zoning: C-2
Existing Use: Retail-General Merchandise Sales
Proposed Use: Retail-Marijuana Facility: Dispensary

TRANSMITTAL DATE: January 31, 2024

COMMENTS:
1. Development must comply with the Mayor and Council Special Exception Procedure found in UDC 3.4.4
2. Proposed use and use-specific standards: Marijuana Facility: Dispensary is an allowed use int eh C-2 zone contingent upon compliance with UDC 3.4.4 and 4.9.9.E.1. Please add the following to the Preliminary Development Plan:
a. Land Use (Retail-Marijuana Facility: Dispensary)
b. Applicable Use-Specific Standards (4.9.9.E.1)
c. Notation of compliance with UDC 3.4.4
3. Development standards (UDC 6.3-4.A):
a. 40 ft building height maximum
b. No lot coverage maximum
c. No minimum lot size
4. Perimeter yard setbacks: Adjacent to C-2 zone = 0 (UDC TABLE 6.3-4.A)
5. Applicable street setbacks: Park Av and Benson HWY are both Major Streets and routes; both are subject to a 10’ setback, as measured from the existing or future property line per UDC 6.4.5.C.2.
6. Parking requirements: See UDC Article 7.4.4 https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az_udc/0-0-0-5445
7. Bike parking requirements: See UDC Article 7.4.8 https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az_udc/0-0-0-5698
8. Additional comments:
a. It is unclear whether a re-stripe of the parking lot is proposed, or if there will be an entirely new vehicle use area (VUA) layout. A Development Package complying with 2-06 of the Administrative Manual will be required for changes to the VUA.
b. If changes to the VUA are proposed ensure access standards found in section 7.8 of the UDC and sections 7-01.0.0 and 10-01.0.0 of the Technical Standards Manual are met.
c. A demolition permit will be required to remove the gas canopies on-site.
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 me at nicholas.martell@tucsonaz.gov.
Traffic Engineering Review REVIEW COMPLETED ITE Trip Generation Manual estimates 95 PM peak hour trips generated by a 5,000 SF marijuana dispensary. Being a Special Exception case, the site's close proximity to the signalized intersection, and nearly 100 peak hour trips, a Traffic Impact Analysis needs to be conducted (per COT Access Management Guidelines) to analyze the effects of the new traffic at the signal and surrounding area. Additionally, recommend that the driveways be consolidated so that there is only one on each roadway (the one not as close to the signalized intersection).