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Plan Number: TP-PRE-0423-00168
Parcel: 10602011F

Address:
3906 N ORACLE RD

Review Status: Approved

Review Details: PRE-APPLICATION CONFERENCE REVIEW v.1

Plan Number - TP-PRE-0423-00168
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: 4/25/23
REVIEWED BY: Gabriel Sleighter, Planner
CASE NUMBER: TP-PRE-0423-00168 - Marijuana Special Exception – N Oracle Road
PROJECT ADDRESSES: 3906 N Oracle Rd
PARCEL NUMBER: 106-02-011F
EXISTING ZONING: C-2
EXISTING USE: Vacant Retail
PROPOSED ZONING: C-2 – MAYOR AND COUNCIL SPECIAL EXCEPTION
PROPOSED USE: Marijuana Dispensary

PROJECT DESCRIPTION & LOCATION:
The pre-application includes a request for special exception for a marijuana dispensary on a 2.48-acre site in the C-2 zoning district. The site is located southeast of the intersection of North Oracle Road and West Roger Road, approximately 500 feet south of Roger Road. The property is currently an unoccupied retail space and has only had intermittent use as a holiday specialty store since at least 2016. The applicant seeks a special exception to operate a marijuana dispensary on the site in accordance with the site-specific standards detailed in UDC 4.9.9.E.

APPLICANT NAME: Adam Call
E-MAIL: acall@azplanningcenter.com

PLAN DIRECTION

ADOPTED PLAN (S): PLAN TUCSON

PLAN AMENDMENT REQUIRED BASED ON CONCEPT PRESENTED (SEE NOTES BELOW)

0 YES 1 NO 0 TO BE CONFIRMED LATER

PLAN SUPPORT BASED ON CONCEPT PRESENTED (SEE NOTES BELOW):

0 YES 0 NO 1 WILL DEPEND ON DESIGN











Applicable Plan Policies:
The site of the proposed special exception is covered by Plan Tucson and the North Stone Neighborhood 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 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.

Relevant Policies:

• LT28.4.4 Support a mix of commercial, residential, office, governmental, and other service activities at all major employment centers.

• LT28.4.6 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.

• LT28.4.7 Support infill and redevelopment projects that reflect sensitivity to site and neighborhood conditions and adhere to relevant site and architectural design guidelines.

• LT28.4.8 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 buffering 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. Provide landscaped earth berms, a dense screen of evergreen shrubs, or three-foot-high masonry walls to screen parking areas with over four spaces.

• Nonresidential Policies: The following policies should be used in conjunction with the Buffering Techniques. The Buffering Techniques can be used in various combinations to ensure the compatibility of proposed, nonresidential uses adjacent to existing residential or less intense development.
1. New, nonresidential uses should be compatible with adjacent 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.

Surrounding Zoning and Land Uses: The site is currently zoned C-2 Commercial and is located within Grant Road Improvement District (GRID) urban overlay zone. The surrounding zoning districts and land uses include the following:

• North: C-2 Commercial. Uses include a food service, retail, and office use.
• South: C-2 Commercial. Uses include vehicle service, food service, and retail.
• East: R-2 Residential. Land use consists of two-story apartment buildings closely abutting the property line.
• West: C-2 Commercial across Oracle Road. Use includes a cabinet and stone works retail store.

Analysis:

The preliminary development package should be updated to reflect compliance with all requirements of UDC 4.9.9.E, use-specific standards for a marijuana facility. Compliance with UDC requirements must be stated on the plan set.

The North Stone Neighborhood Plan requires sufficient transition of use intensity from non-residential to residential land use. It also requires primary vehicle access only from a major street. The Preliminary Development Package proposes a new entrance from the parking area to the south. It also proposes two separate drive through lanes directly abutting a residential land use.

There are no proposed enhancements to screening or landscaping between the apartments to the east and proposed vehicle parking spaces. Screening should be provided by a wall up to 7 feet to mitigate noise. Plan should show setback distances from adjacent residential homes. The proposed solid waste location is not enclosed and should be placed as far from residential uses as is practical.

The preliminary development plan shows vehicle stacking lanes adjacent to existing residential land use with no additional screening, and a new vehicular access not located from a major street. Vehicle stacking areas cannot impede required vehicle maneuverability areas, such as 24’ parking area access lanes, access to loading areas, or access to solid waste.




Based on the proposed higher intensity of use, drive-through stacking lanes immediately adjacent to residential development, insufficient screening, and vehicle access not from a major street, staff cannot support the plans as submitted. Based on compliance with Plan Tucson and the North Stone Neighborhood Plan, an amended preliminary development plan addressing staff comments should not require a plan amendment.

ADDITIONAL NOTES: NONE
Fire New Construction REVIEW COMPLETED No comments.
john.vincent@tucsonaz.gov
5203495581
Site Engineering REVIEW COMPLETED 1. A cross-access agreement is required for use of the southern entrance of the stacking lane.
2. The proposed northern stacking lane prevents access to the dumpster and encroaches on the parking and access lane for the parking along the west property line. If that stacking lane is left there, the parking along the west property line will not be usable during peak hours and the dumpster must be moved.
3. Because the dumpster is being moved, construction of a trash enclosure will be required.
4. 8. From recent clarification from Environmental Services per TSM section 8, although recycling service isn’t required the site needs to provide at minimum the enclosure space for both solid waste and recycling. A single enclosure won’t be sufficient and a double enclosure or an additional single enclosure will be needed to meet this requirement. It is also important to point out per TSM section 8-01.4.I - required parking may be reduced for existing development when solid waste and recycle enclosures are provided.

Lianne Evans
lianne.evans@tucsonaz.gov
Site Landscape REVIEW COMPLETED PROJECT: ORACLE ROAD DISPENSARY
ACTIVITY NO. TP-PRE-0423-00168
ADDRESS/PARCEL: 3906 N ORACLE RD/ 106-02-011F
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. Site Landscape/NPPO has no concerns or questions about this project as it is an existing site and currently meets all landscape requirements.

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: Nick Martell
PDSD Zoning Review

PROJECT: Rezoning Pre-submittal meeting TP-PRE-0423-00168
Address: 3906 N Oracle RD
Parcel(s): 10602011F
Existing Zoning: C-2
Existing Use: Shopping Center
Proposed Use: Shopping Center/Retail-Marijuana Facility: Dispensary

TRANSMITTAL DATE: March 25, 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. 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. A lot combination or cross access agreement would be required to accommodate the proposed drive through lane.
b. 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 me at nicholas.martell@tucsonaz.gov.
Traffic Engineering Review REVIEW COMPLETED No Comments

David Stiffey

David.Stiffey@tucsonaz.gov