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Plan Review Detail
Plan Number: TP-PRE-0925-00194
Parcel: 105130570
Review Status: Approved
Review Details: PRE-APPLICATION CONFERENCE ENTITLEMENTS REVIEW v.1
Plan Number - TP-PRE-0925-00194
Review Name: PRE-APPLICATION CONFERENCE ENTITLEMENTS 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: 10/08/2025 REVIEWED BY: Gabriel Sleighter, Lead Planner CASE NUMBER: TP-PRE-0925-00194 First & Limberlost Grocery – N 1st Ave PROJECT ADDRESSES: 4137 N 1ST AVE PARCEL NUMBERS: 10513053B, 105130570, 10513056A, 10513054A, 10513055A EXISTING ZONING: C-1 (AUTHORIZED MAY 21, 2024) EXISTING USE: VACANT PROPOSED ZONING: C-1, CHANGE OF CONDITIONS PROPOSED USE: Grocery, Fast Food PROJECT DESCRIPTION & LOCATION: The applicant is requesting a Major Modification of Rezoning Conditions. The changes would revise the Preliminary Development Plan to allow the construction of a grocery store on site, a modification to allowed building heights and a modification to the allowed delivery hours established in a previous rezoning. The previous rezoning case number is C9-19-03, which rezoned the project area from R-2 Residential to C-1 Commercial zoning. This case established conditions restricting overnight delivery, and set a maximum building height of 18 feet with 24-foot architectural features at building corners. This case was extended to expire in 2029 in conjunction with a revised PDP which matched an approved Development Package for a drive-thru restaurant on the northern end of the site. The project is located at 4137 N 1st Ave, within the North Stone Area Plan, and the Mixed-Use Corridors building block in Plan Tucson. The applicant seeks to construct the grocery store in lieu of the authorized drive-thru fast food restaurant on the northern half of the site, and construct a drive-thru restaurant on the southern-most portion of the overall site. A condition of rezoning C9-19-03 limited delivery hours from between 6am and 5pm, and the applicant also wishes to eliminate this condition to allow a single overnight delivery to the grocery store. To mitigate noise impacts to the neighborhood to the west, the applicant proposes a sunken loading dock screened by a CMU wall, located on an east-facing wall of the grocery store, with all unloading activities performed indoors. In addition, existing required setbacks from property boundaries to noise-generating activities will be maintained. APPLICANT NAME: Lazarus & Silvyn, P.C. E-MAIL: ksilvyn@lslawaz.com, rlarge@lslaw.com, jcassidy@lslaw.com, rjuneman@lslaw.com PLAN DIRECTION ADOPTED PLAN (S): PLAN TUCSON AND HOUGHTON EAST NEIGHBORHOOD PLAN 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: 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 Corridors building block of the Plan Tucson Future Scenario Growth Map. This building block encourages a higher-intensity mix of jobs, services, and housing along major streets, served by a variety of transit options and bicycle and pedestrian facilities. It encourages the expansion of commercial activities into residential areas when there are logical boundaries such as streets or drainageways and with appropriate screening and buffering from adjacent residential uses. Plan Tucson supports design that complements adjacent land uses while enhancing the overall function and visual quality of streets, adjacent properties and the community. North Stone Area Plan: The North Stone Area Plan encourages a compatible mix of residential, office, and commercial uses which protect the integrity of existing neighborhoods while providing safe and effective circulation systems for all modes of transport. The Plan identifies the intersections of major streets as appropriate for commercial and office uses, provided access is from a major street. Consolidation of uses is encouraged. Plan nonresidential policies require design and location criteria for commercial development adjacent to existing neighborhoods. Buffering and appropriate transitions to residential uses, an aesthetically pleasing streetscape, and provisions for pedestrian and bicycle access are promoted by Plan policy. Surrounding Zoning and Land Uses: West – R-2 Residential, single-family homes. North – R-3 Residential, multi-family housing. East – C-1 Commercial, O-3 Office, gas station, vacant, office. South – R-2 Residential, single-family homes. Analysis: The site has already been established as an appropriate location for commercial use. It is at the intersection of two major streets, and buffering techniques such as screening walls, landscaping, and setbacks can be used to limit the impact to nearby residential uses. It also provides another grocery option to neighborhoods within walking distance, and to the wider community through its location on 1st Ave. The placement and design of the loading dock demonstrates that the applicant is sensitive to the potential noise impacts of overnight deliveries. However, the limited delivery hours established in previous rezonings were the result of public input received through the entitlements process. Modifying or eliminating that condition will require a public hearing before the Zoning Examiner prior to a Mayor & Council meeting. The design compatibility report will need to address these concerns in depth, and additional conditions prohibiting the idling of commercial vehicles may also be considered. Materials may include information about overnight deliveries at other sites near residential uses to establish that the delivery hours can be compatible through mitigation of negative impacts. The submitted PDP also shows a drive-thru restaurant on the south end of the site where previously a portion of a larger building was shown. This location is directly adjacent to an existing duplex, and drive-thru speakers and other equipment may be prohibited within 50 feet of the residential property line, and would preferably be located so as to place the building between the drive-thru and duplex to the west. A plan amendment is not required to proceed as proposed. ADDITIONAL NOTES: None. |
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| Fire New Construction * | REVIEW COMPLETED | TP-PRE-0925-00194 • Pre-Application Conference Entitlements Review v1 • 4137 N 1ST AV TUCSON, AZ 85719: Based on the information provided, TFD has no comments at this time. Questions: patricia.shelton@tucsonaz.gov / 520.837.7082 |
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| Site Engineering * | REVIEW COMPLETED | TP-PRE-0925-00194 4137 N 1ST AV Site Engineering Comments are as follows: 1. A development package will be required for this re-zoning / change of use. Administrative Manual 2-03.2.3. https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az_udc/0-0-0-8411 2. Delineate County floodplain on north side of project. 3. First flush retention and balanced basin detention compliant with sections 2 and 3 of the Design Standards for Stormwater Detention and Retention (DSSDR) Manual are required for the proposed project. Provide a drainage report which states how these requirements will be met. The drainage report shall also address all-weather access concerns with the site. Show required drainage improvements including required basins. https://www.tucsonaz.gov/files/sharedassets/public/v/1/pdsd/documents/engineering-code/updated-retention-detention-manual.pdf 4. Site pedestrian circulation is required to connect all buildings, dumpster areas, common use areas, and the sidewalk on the street frontage adjacent to the development per TSM 7-01.4. Please connect a hatched pedestrian crossing to the ADA Accessible parking stalls. Ensure the walkways are not reduced to less than 4-ft in width by vehicles or signage. https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az_udc/0-0-0-11600 5. Provide 14-ft x 40-ft clear space for trash truck maneuverability. Show trash truck access. For TSMR’s regarding trash, contact Andy Vera at: andy.vera@tucsonaz.gov https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az_udc/0-0-0-11750 6. Ensure sight visibility triangles are maintained at the site vehicular accesses. TSM 10-01.5 7. A tentative / final plat is required to reconfigure the lot lines for this site. Ryan Insalaco Engineering Associate ryan.insalaco@tucsonaz.gov |
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| Site Landscape * | REVIEW COMPLETED | CDRC TRANSMITTAL PLANNING AND DEVELOPMENT SERVICES DEPARTMENT REVIEWER: CHAD KELLER, RLA SITE LANDSCAPE/NATIVE PLANT PRESERVATION SECTION PROJECT: CHANGE OF REZONING CONDITION REQUEST TO ALLOW DEVELOPMENT OF A GROCERY STORE AND RESTAURANT ACTIVITY NO: TP-PRE-0925-00194 ADDRESS: 4137 N 1ST AV 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 the Site Landscape and NPPO section to ensure compliance with the applicable UDC development criteria and Technical Standards. SITE LANDSCAPE/NPPO COMMENTS: 1. Per the rezoning ordinance no. 12086, please adhere to the following conditions under Land Use Compatibility: *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. 2. 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. 3. State on the PDP that Commercial Rainwater Harvesting will be implemented as part of this development. 4. 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, RLA Landscape Architect chad.keller@tucsonaz.gov 520.837.4923 |
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| Site Zoning * | REVIEW COMPLETED | CDRC TRANSMITTAL FROM: Krista Hansen, Lead Planner PDSD Zoning Review Section PROJECT: Pre-submittal meeting - TP-PRE-0925-00194 Address: 4137 N 1ST AV Parcel(s): 10513053B, 105130570, 10513056A, 10513054A, 10513055A Current Zoning: C-1 (C9-19-03 - Authorized May 21, 2024) Proposed Zoning: C-1 – Change of Conditions Rezoning Pre-Submittal Conference (1st Review) TRANSMITTAL DATE: 10/7/2025 1. Upon effectuation of a rezoning, any proposed development must comply with the City of Tucson Unified Development Code (UDC) Administrative Manual Chapter 2-06 – Development Package (DP). A tentative plat and final plat will be required. 2. Zoning acknowledges that the proposed plan is requesting a Major Modification of Rezoning Conditions for C9-19-03. The following comments are provided for the proposed development based on pre-application documents that indicate the applicant’s intention to utilize C-1 zoning. 3. Even though the proposed plans show two parcels, it will be recognized as a single site due to shared access, and will require the following: City of Tucson “Covenant Regarding Development and Use of Real Property” to be submitted with the DP, and a cross-access agreement. 4. General Merchandise Sales - Grocery Store is a permitted use in the C-1 zone subject to UDC use-specific standards 4.9.9.B.3 and 4.9.13.O. Food Service is a permitted use in the C-1 zone subject to UDC use-specific standards 4.9.4.M.1 & 5 and 4.9.13.O. 5. This site is part of the Major Streets & Routes (MS&R) Overlay, subject to UDC 5.4 due to its frontage on N 1st Ave. N 1st Ave is a major local road planned for a future right-of-way of 120’; it is currently 100’. Future proposed right-of-way for this section of N 1st Ave is 105’. The proposed MS&R map update is scheduled to be voted on by the Mayor & Council today (October 8, 2025). 6. Dimensional standards for C-1 are as follows: Maximum permitted height: 30’ Maximum lot coverage: N/A for non-residential Perimeter yard: • North, to E Limberlost Dr: 20’ • East, to N 1st Ave: 10’ • South, to E Calle Arizona: 20’ • Interior lot lines adjacent to R-2 zone: 1.5(H) of the adjacent building wall 7. The minimum required number of motor vehicle parking spaces (UDC Table 7.4.4-1): a. General Merchandise Sales: 1 per 300 sf of GFA - (19,477 sf /300 = 65 required spaces) b. Food Service: 1 per 100 sf of GFA - (2400 sf /100 = 24 required spaces) c. Total: 89 parking spaces based on proposed plan d. The proposed plan/parking may require reconfiguration due to detention basin requirements. 8. The minimum required number of bicycle parking spaces (UDC Table 7.4.8-1): a. Retail Trade (ALDI): 4 short-term spaces (1 per 5,000 GFA) and 2 long-term spaces b. Food Service: 2 short-term spaces and 2 long-term spaces 9. Electric vehicle supply equipment (EVSE) requirements (UDC Table 7.4.11-1) for both General Merchandise Sales and Food Service require 5% of required parking spaces to be EV Installed and 10% to be EV Capable. 10. Pedestrian circulation is to be designed per UDC TSM Article 7 and is required to connect all areas of development on-site and to sidewalks along the roadway frontage. A path is needed between ALDI and the restaurant, and from ALDI and the restaurant to N 1st Ave. 11. The comments provided are preliminary and are not to be assumed as a complete review of the proposal. During the Development Package/Tentative Plat review process, the Site Zoning Review Section will conduct a full review to assure compliance with applicable UDC development criteria and technical standards. 12. If you have any questions, please contact me at krista.hansen@tucsonaz.gov. |
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| Traffic Engineering Review * | REVIEW COMPLETED | Traffic Engineering does not object to the change in condition proposed to allow a different land use/retailer. When development package time comes closer, a Traffic Impact Analysis should be submitted to determine the traffic effects to the surrounding roadway network, including the signal at 1st Ave/Limberlost Dr. In parallel, DTM is currently working on the RTA-funded, 1st Avenue, River Rd to Grant Rd project. That project is early in the design stage, and is still working towards a conceptual 30% design to accommodate all users safely and efficiently through the intersection. We request that you contact/coordinate with Patrick Hartley (Patrick.Hartley@tucsonaz.gov) to discuss ROW improvements associated with the development. The goal in this is to avoid any re-work or throw-away of off-site improvements constructed by the development project team. Thank you! Traffic Engineering does not object to the change in condition proposed to allow a different land use/retailer. When development package time comes closer, a Traffic Impact Analysis should be submitted to determine the traffic effects to the surrounding roadway network, including the signal at 1st Ave/Limberlost Dr. In parallel, DTM is currently working on the RTA-funded, 1st Avenue, River Rd to Grant Rd project. That project is early in the design stage, and is still working towards a conceptual 30% design to accommodate all users safely and efficiently through the intersection. We request that you contact/coordinate with Patrick Hartley (Patrick.Hartley@tucsonaz.gov) to discuss ROW improvements associated with the development. The goal in this is to avoid any re-work or throw-away of off-site improvements constructed by the development project team. Thank you! Traffic Engineering does not object to the change in condition proposed to allow a different land use/retailer. When development package time comes closer, a Traffic Impact Analysis should be submitted to determine the traffic effects to the surrounding roadway network, including the signal at 1st Ave/Limberlost Dr. In parallel, DTM is currently working on the RTA-funded, 1st Avenue, River Rd to Grant Rd project. That project is early in the design stage, and is still working towards a conceptual 30% design to accommodate all users safely and efficiently through the intersection. We request that you contact/coordinate with Patrick Hartley (Patrick.Hartley@tucsonaz.gov) to discuss ROW improvements associated with the development. The goal in this is to avoid any re-work or throw-away of off-site improvements constructed by the development project team. Thank you! |