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Permit Number: DP20-0147
Parcel: 13213075A

Address:
3250 S PARK AV

Review Status: Completed

Review Details: DEV PKG - RESUBMITTAL

Permit Number - DP20-0147
Review Name: DEV PKG - RESUBMITTAL
Review Status: Completed
Review Date Reviewer's Name Type of Review Description Status Comments
09/09/2020 SBEASLE1 START PLANS SUBMITTED Completed
10/05/2020 ANDREW CONNOR LANDSCAPE REVIEW Approved
10/07/2020 STEVE SHIELDS ZONING REVIEW Reqs Change CDRC TRANSMITTAL

TO: Development Services Department
Plans Coordination Office

FROM: Steve Shields
Site Section Manager

PROJECT: Whataburger - Tucson Marketplace
Development Package (2nd Review)
DP20-0147

TRANSMITTAL DATE: October 7, 2020

DUE DATE: October 6, 2020

COMMENTS: Please resubmit revised drawings and any redlined plans along with a detailed response letter, which states how all Zoning Review Section comments were addressed.

This plan has been reviewed for compliance with the Unified Development Code (UDC) Administrative Manual (AM) Section 2-06. Also, compliance with applicable development criteria for the proposed use as listed in the City of Tucson Uniform Development Code (UDC) and the UDC Technical Standards Manual (TSM).

The review comments include the applicable Administrative Manual section number and the following paragraph is the actual comment related to the specific item that must be addressed. If you need to review the sections listed below click on the link or copy it in the address bar of your internet program. http://www.amlegal.com/nxt/gateway.dll/Arizona/tucson_az_udc/administrativemanual?f=templates$fn=default.htm$3.0$vid=amlegal:tucson_udc_az

This link will take you directly to the section used for the standards review. The UDC & TSM requirements are in the Unified Development Code and can be viewed at the same web link as above

Section 3.3.3.G.5.c UDC, an applicant has one year from the date of application to obtain approval of a site plan that complies with zoning and other development requirements in effect at the time of application, unless an ordinance adopted by Mayor and Council during this period states otherwise. A site plan application that has been in review for a period of one year and has not yet been approved is considered denied. To continue the review of a site plan for the property, a new site plan must be submitted that complies with regulations in effect at the time of re-submittal. The new submittal initiates a new one-year review period. One-year Expiration date is July 20, 2021.

SECTION 2-06.0.0: DEVELOPMENT PACKAGE (TENTATIVE PLATS AND SITE PLANS)
Section

2-06.1.0 GENERAL

2-06.2.0 APPLICATION SUBMITTAL REQUIREMENTS

2-06.3.0 FORMAT REQUIREMENTS

2-06.4.0 CONTENT REQUIREMENTS

2-06.5.0 FLEXIBLE LOT DEVELOPMENT (FLD) - ADDITIONAL REQUIREMENTS

2-06.1.0 GENERAL

2-06.1.1 PURPOSE
This standard has been prepared for the purpose of informing applicants of the submittal and review requirements for development package documents to assure proper and adequate information is presented in a consistent manner, thereby providing the basis for an efficient and timely review. The development package documents are prepared in support of applications for building permits and related reviews.

The information that is requested establishes the basis upon which the project will be approved and could affect what is required of the property in the future, should there be a proposal for expansion or for a different use of the property.

This standard does not waive any applicable city regulations or codes.

2-06.1.2 APPICABILITY
This standard shall be used for all site plans and tentative plats submitted to PDSD for review.

2-06.2.1 APPLICATION SUBMITTAL REQUIREMENTS
Development Package applications are available from PDSD. Completed applications and accompanying materials shall be submitted to PDSD. Incomplete or inaccurate applications will not be accepted, nor will any application in which the pre-application conference or neighborhood meeting requirements have not been met. The types of documents and the specific number of copies required of each of the documents are on the PDSD website or may be obtained from PDSD. Resubmittals of development packages require a comment response letter that details how all previous comments have been addressed. Provide the same number of copies of the comment response letter as plans provided.
The following documents and information shall be submitted upon application:

2-06.2.1 Application Form
A completed application signed by the property owner or authorized designee;

2-06.2.2 Development Package
A development package must be prepared to the format and content requirements described herein;

2-06.2.3 Related Reviews
In addition to the plan process, a project may require review for other types of plans and documents. The applications for those processes are submitted to the appropriate department for review and approval. These related reviews can be applied for so that review can occur concurrently with the development package application. However, it must be understood that, should the related application be approved subject to conditions or denied, this may affect the;

2-06.2.4 Concurrent Reviews
The development package is designed to allow for concurrent review of any site related reviews. Concurrent review means that all plans and documents needed for the review are submitted as one package. Examples of site related reviews include but are not limited to: site plans, landscape plans, NPPO plans, water harvesting plans, grading plans, SWPPP plans, floodplain use permits, and overlay reviews. Separate applications are often required for the different site related reviews even if the plans are submitted concurrently; and,

2-06.2.5 Fees
Fees in accordance with Section 4-01.0.0, Development Review Fee Schedule.

2-06.4.9 - Information on Proposed Development
The following information on the proposed project shall be shown on the drawing or added as notes.

1. This comment was not addressed. The curbing or some other type of barrier needs to extend north across Lot 1 and then east to the curbing at the entrance off of Park. The required barrier Comment: 2-06.4.9.H.5 - As you are proposing an access lane connections to the north per UDC Article 7.4.6.H.1 barriers, such as post barricades or wheel stop curbing, are required in a vehicular use area to prevent vehicles from extending beyond the property lines, to prevent cars from damaging adjacent landscaping, walls, or buildings, overhanging adjacent sidewalk areas, and/or driving onto unimproved portions of the site. That said provide some type of barrier along the north, east and west side of the access lane to the north.

2. This comment was not fully addressed. Demonstrate how the requirements of 7.4.9.B.1.e, 7.4.9.B.2.a, 7.4.9.B.2.f are met. Comment: 2-06.4.9.H.5.d - Provide a detail that demonstrates how the requirements of UDC Articles 7.4.9.B.1, .2 and 7.4.9.C are met for the short-term bicycle parking spaces.

3. This comment was not fully addressed. Demonstrate how the requirements of 7.4.9.D.2, 7.4.9.D.3 & 7.4.9.D.5. Comment: 2-06.4.9.H.5.d - Provide a detail that demonstrates how the requirements of UDC Articles 7.4.9.B.1, .2 and 7.4.9.D are met for the long-term bicycle parking spaces.

4. Zoning was not able to find the signage note on C2.1 Comment: 2-06.4.9.W - Provide a general note on the plan stating "ALL SIGNAGE REQUIRES A SEPARATE PERMIT".

If you have any questions about this transmittal, please Steve Shields, (520) 837-4956 or Steve.Shields@tucsonaz.gov

RESUBMITTAL OF THE FOLLOWING IS REQUIRED: Revised development package
10/07/2020 SBEASLE1 OTHER AGENCIES TUCSON AIRPORT AUTHORITY Reqs Change October 6, 2020

RE: DP20-0147 / SITE/GRADING/SWPPP - Whataburger restaurant, 3250 S PARK AVE, 2nd submittal, Received September 9, 2020

Thank you for the opportunity to comment on DP20-0147, Whataburger restaurant; 2nd Submittal, a development package application for an approximately 0.90 acre site, located northwest of the intersection of South Park Avenue and Tucson Marketplace Boulevard. The property is zoned Planned Area Development 15 (PAD-15), with the proposed development being a restaurant.

This site is within the Tucson International Airport avigation easement requirements and public disclosure area, FAA traffic pattern airspace, and FAA Part 77 airspace.

The Tucson Airport Authority previously commented on the Major Change to PAD-15, comment letter is dated March 9th, 2018, with this comment letter being adopted on Page B7-B8 of City of Tucson Ordinance 11552. This proposed project area is contained within the areas identified by this City of Tucson Ordinance.

The Tucson Airport Authority conditionally approves the subject request contingent upon the following conditions of approval, as noted below. Conditions #1 shall be identified in the general notes of the revised development plan unless the Avigation Easement has been recorded as described below. Please note that the underlying property owner of parcel 13213075A is currently working on recording the TAA approved Avigation Easement over all of parcel 13213075A. As of the date of this comment letter, October 6th, the TAA approved Avigation Easement had not been recorded. Condition #1 will not be required if the property owner of all of parcel 13213075A has recorded the Avigation Easement to include all of the property which is contained within the project proposed in DP20-0147.

Conditions of approval:

1. "That prior to the City's approval of any construction permit for a permanent building, the property owner shall record the Avigation Easement which discloses the existence, and operational characteristics of the Tucson International Airport to future owners or tenants of the property and further conveys the right to the public to lawfully use the airspace above the property. The Avigation Easement shall be recorded in a manner with the Pima County recorder which shall document it as having title liability. The content of such documents shall be according to the form and instructions provided.

The current property owner or person authorized to sign on behalf of the current property owner shall complete, sign, and record the Avigation Easement. Please record the Avigation Easement with the Pima County Recorder's Office. Once the Avigation Easement is recorded please send a complete copy of the recorded easement document to Tucson Airport Authority by either email (send to srobidoux@flytucson.com) or to the mailing address provided below.
Scott Robidoux, Senior Airport Planner
Tucson Airport Authority
7250 South Tucson Boulevard, Suite 300
Tucson, AZ 85756"

Please do not hesitate to contact me if you have any questions or concerns regarding this comment letter. I can be reached by email at srobidoux@flytucson.com or by telephone at 520-573-4811.

Respectfully,
Scott Robidoux, C.M., Senior Airport Planner
10/23/2020 LOREN MAKUS ENGINEERING REVIEW Approved
10/26/2020 SBEASLE1 ZONING-DECISION LETTER REVIEW Reqs Change DATE: Oct. 26, 2020

RETURNED FOR CORRECTIONS NOTICE
Your Next Steps: Resubmittal of your updated/corrected documents

IMPORTANT: On the Filedrop page, select the box: "Site Review/CDRC..." when sending your next submittal.

DESCRIPTION: SITE/GRADING/SWPPP - Whataburger restaurant.

PERMIT/ACTIVITY: DP20-0147
FEE BALANCE: $0 (zero) Thank you for the payment.

SEE REVIEW COMMENTS and your submitted documents on PRO: www.tucsonaz.gov/pro
(If information is not available, check back later after data transfers to PRO.)
- Home page, Activity Search, enter the Activity/Permit Number
- Permits - click on blue tab
- Reviews - click on Review Details
- Documents - click on View to the right of each document

YOUR NEXT STEP:
Submit documents to the Filedrop
https://www.tucsonaz.gov/file-upload-pdsd
1) Comment Response Letter
(your response to the reviewer's Requires Change comments)
2) Plan Set (all pages, full set, even if no changes were made)
3) Any other documents requested by review staff

- Name the 3rd submittal documents starting with the
submittal number, for example: 3_Plan_Set

IMPORTANT: On the Filedrop page, select the box: "Site Review/CDRC..." when sending your next submittal.

Thank you.
Sharon Beasley, Permit Specialist

City of Tucson
Planning and Development Services
email: COTDSDPermits@TucsonAz.gov