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Plan Review Detail
Review Status: Completed
Review Details: REZONING - ZE HEARING
Plan Number - T09SE00019
Review Name: REZONING - ZE HEARING
Review Status: Completed
| Review Date | Reviewer's Name | Type of Review | Description | Status | Comments |
|---|---|---|---|---|---|
| 08/12/2009 | NSTEVEN1 | REZ AGENCY REVIEW | PIMA ASSN OF GOVTS | Completed | Parks and Recreation J. Linville 08/24/09 Approved. |
| 08/12/2009 | NSTEVEN1 | REZ AGENCY REVIEW | PIMA ASSN OF GOVTS | Completed | PAG/Kosok Chae 8/12/09 NO OBJECTIONS OR ADVERSE COMMENTS. Vehicle Trip Generation: Not Available KoSok Chae, Ph.D. 177 N. Church Ave., Suite 405 Tucson, AZ 85701 520-792-1093 x487 [tel] |
| 08/13/2009 | JULIE YBARRA | SIGNS | SIGN CODE REVIEW | Completed | P&DS Sign Code Julie Ybarra 8/13/09 The above referenced cases are located in the Single Family District of the Tucson Sign Code. All signs will need to comply with the Single Family District which allows only 1 sq ft of signage on each location. |
| 08/13/2009 | NSTEVEN1 | DOT ENGINEERING | REVIEW | Completed | TDOT Engineering/Any Dinauer 8/13/09 TDOT Engineering has no objections. Public roadway modifications shall be as required by TDOT Traffic Engineering. |
| 08/13/2009 | NSTEVEN1 | REZ AGENCY REVIEW | ADOT | Completed | Parks and Recreation J. Linville 08/24/09 Approved. |
| 08/13/2009 | NSTEVEN1 | REZ AGENCY REVIEW | ADOT | Completed | ADOT/Tom Martinez 8/13/09 The project lies outside any ADOT facilities and recommends approval of the rezoning. Thank you. |
| 08/14/2009 | DAVE MANN | FIRE | REVIEW | Denied | A fire hydrant will be required for this change of use. |
| 08/17/2009 | MATT FLICK | ENGINEERING | REVIEW | Completed | PDSD Engineering has no objection to the Special Exception. It is understood that the existing ranch-style building will be used for lodging. El Rancho Merlita is a 16-lot subdivision located along the southern side of Wrightstown Road roughly halfway between Sarnoff Drive and Camino Seco. Wrightstown Road is an MS&R Arterial having a future right-of-way width of one hundred fifty feet (150') and a posted speed limit of 35 mph. The building that is the subject of the Special Exception is served by Corte El Rancho Merlita, a private road having all-weather access from Wrightstown Road to Lot 13 upon which the building sits. Access from Wrightstown Road over the Camino Seco Wash (Q100=949 cfs) is provided by a box culvert constructed as part of the subdivision improvements. Robb Wash, a WASH Ordinance watercourse, flows northward along the west side of Lot 13. The primary building on this lot is within the WASH Ordinance study area, the regulatory floodplain of Robb Wash (Q100=3445 cfs), and the regulatory erosion hazard setback from the bank of Robb Wash. The area affected by the floodplain encompasses the least area whereas the area affected by the erosion hazard setback encompasses the most area. The WASH Ordinance study area boundary lies a few feet closer to the wash bank than the erosion hazard setback. Development within the erosion hazard setback and regulatory floodplain is subject to the requirements of the Floodplain Ordinance. This may include renovations within the primary structure and any accessory structures subject to Floodplain Ordinance regulation. Any renovation or modification of the structure totaling more than fifty percent (50%) of the assessed value of the structure would cause the entire structure to be brought into full compliance with the Floodplain Ordinance. Development within the WASH Ordinance study area is subject to the requirements of the WASH Ordinance and Development Standard 9-06. The site lies within the Robb Wash watershed. Since Robb Wash is a non-designated watershed, detention is not required. Since this is a commercial use (travelers accommodations) on a lot (2.73 acres) greater than one acre in size, threshold retention of the 5-year event is required. Threshold retention is designed to mitigate the effects of urbanization within a watershed by providing storage for onsite flows. This can be accomplished by retention, water harvesting, or both. In general, water harvesting is appropriate for smaller developments and those developments adding little impervious above the existing conditions. The El Rancho Merlita subdivision was designed with a retention basin to be located at the northern end of the subdivision between Lots 5 and 6. At the time of the staff report, the basin has not been accepted by the Planning and Development Services Department for the release of the subdivision assurances. Onsite retention is appropriate prior to acceptance of the proposed basin. Water harvesting is appropriate for this development. The following condition is requested: Preparation of a Drainage Statement, including details of threshold retention, is required. |
| 08/24/2009 | JOE LINVILLE | LANDSCAPE | REVIEW | Approved | |
| 08/25/2009 | TERRY STEVENS | ZONING | REVIEW | Completed | CDRC TRANSMITTAL TO: Development Services Department Rezoning Section FROM: Terry Stevens Lead Planner PROJECT: Osborne - El Rancho Merlita 1924 N. Corte El Rancho Merlita - RX-2 Zoning Special Exception Case Number - SE-09-19 TRANSMITTAL: August 25, 2009 1. The proposed use falls under the LUC Sec. 2.3.3.3 Special Exception Land Uses, Residential Use Group, Sec. 6.3.8. Home Occupation: Travelers' Accommodation, Lodging, subject to: Sec. 3.5.7.4.B, .E, .F, .G, .H, .I, .J, .K, .L, and .N Minimum site required = 10,000 sq. ft Off-Street Parking: 6 required / 6 provided Off-Street Loading: 0 required Bicycle Parking: 2 required / 4 provided Pedestrian Access: Does not appear to meet requirements 2. Provide for wheel stop curbing or barriers to prevent vehicles from driving onto unimproved portions of the site. 3. Clearly indicate the surfacing materials of the existing parking lot. Must meet the requirements of LUC 3.3.7.3. 4. The pedestrian circulation path must be physically separated from the vehicular use area. A handicap ramp will be required from the access aisle adjacent to the handicap parking space connecting to the proposed sidewalk. Clearly indicate the minimum width of all proposed sidewalks (min. 4' in width). 5. Per DS 2-08 a pedestrian circulation path is required to connect to the right of way, parking spaces and buildings. This pathway is required to be constructed of concrete or a material of similar hardness. 6. The proposed bicycle parking spaces must be connected to the pedestrian circulation path. The bicycle parking spaces are required to meet the requirements of DS 2-09. 7. Clearly indicate on the plan the maximum number of guests and number of rooms for the guests allowed and provided. Zoning has reviewed this proposal for compliance with The City of Tucson Development Standard Land Use Code (LUC). If you have any questions about this transmittal, please call Terry Stevens, (520) 836-4961 or email Terry.Stevens@tucsonaz.gov. |
| 08/26/2009 | JHERSHE1 | COMMUNITY PLANNING | REVIEW | Completed | PLANNING AND DEVELOPMENT SERVICES DEPARTMENT SE-09-19 Osborne - El Rancho Merlita, 1924 RX-2, ZE Full Notice Procedure Pantano East Area Plan and General Plan 8/26/09 jsh (full review) Proposal - This 2.7-acre parcel is at the southern end of a 12.7-acre, 16-lot subdivision that was rezoned from SR to RX-2 (C9-04-06), and platted as El Rancho Merlita (S07-107). In the 1950's, the 12.7-acre property was owned by Merle Norman of Merle Norman Cosmetics. Ms. Norman built two homes on the southern end of the property, a main ranch house and a smaller guest house, for use as a business and vacation retreat. Over the past several decades, ownership of the property has changed, and it has been vacant for several years. The ranch house and guest house now occupy separate lots at the southern end of the subdivision. The current owners plan to remodel the two homes and improve the grounds, and convert the facilities to separate bed and breakfast businesses. The southern-most, larger home will be El Rancho Merlita Bed and Breakfast (1924 N. Corte El Rancho Merlita); the smaller home to the northwest will be El Rancho Merlita Arroyo House Bed and Breakfast (1937 N. Corte El Rancho Merlita). Because the businesses will be operated separately, two separate special applications have been submitted. This review is for the southern parcel with the larger ranch house (1924 N. Corte El Rancho Merlita). Land Use Code (LUC) Performance Criteria and Design Review Board (DRB) Review - The LUC permits bed and breakfast facilities in the RX-2 zone as a special exception land use (Home Occupation, Traveler's Accommodation, Lodging), subject to performance criteria 3.5.7.4 B., and E. through L. and N. The DRB reviews these proposals for compatibility with the surrounding land uses, including compliance with the performance criteria, and makes a recommendation to the Planning and Development Services Department Director, who then makes a recommendation to the Zoning Examiner. Approval is through the Zoning Examiner Full Notice Procedure. As per the performance criteria, accommodations are permitted for up to eight guests for a maximum of 14 days, and no more than four sleeping rooms may be used to accommodate guests. Separate cooking facilities are prohibited in guest rooms. Other performance criteria address noise, screening for outdoor activities, commercial motor vehicle use, parking, and the design and number of signs. The two Rancho Merlita proposals were reviewed by the DRB on July 17, 2009. The DRB recommended approval of this Special Exception land use request, subject to the applicant installing landscaping (Chisos Rosewood) along the southern property boundary, to screen outdoor activities from the adjacent homes to the south. Land Use Plan Policy Summary - Policy guidance is provided by the Pantano East Area Plan and the General Plan. Pantano East Area Plan policies protect the integrity of established neighborhoods by requiring that new development be compatible with existing development. Adjacent uses must be adequately buffered. Use of appropriate design elements to achieve compatibility and buffering must be demonstrated during the rezoning and related review processes. General Plan policies promote development that is compatible with Tucson's urban form, community character and environmental setting. Neighborhood identity, visual character and quality in design are promoted for all new development. An interconnected trail network based on the natural wash system is to be provided. Other policies promote the long-term management and maintenance of urban vegetation to maximize environmental and other community benefits. Water harvesting is encouraged. ? ANALYSIS Surrounding Land Uses and Zoning - The site is in the interior of a largely residential area that extends from Speedway on the south to Wrightstown/Tanque Verde Roads on the north, and from Houghton Road on the east to the Pantano Wash on the west. This larger area has predominately R-1 zoning, with small pockets of other zoning interspersed. In the immediate vicinity of this site, the surrounding properties are zoned for and developed with a mix of residential uses. When the 12.7-acre Rancho Merlita site was subdivided, onsite roadway and other improvements were completed, and a right-turn deceleration lane was installed on Wrightstown. Two new homes have been built on the lots directly north of the ranch house and guest house. The remaining lots are currently vacant. To the east of this special exception site is a large, unsubdivided lot with a home, in SR zoning. To the north is the guest house lot, and a new home that was recently constructed in Rancho Merlita, in RX-2 zoning. Further north are vacant Rancho Merlita lots. To the west are single family homes in RX-2 and R-2 zoning. To the south are townhomes in R-2 zoning. The Robb Wash flows from south to north along the western edge of the site, draining towards Tanque Verde Creek. The wash banks are heavily vegetated, and it's designated as a WASH Ordinance wash per the City of Tucson, and an Important Riparian Area per Pima County's Conservation Lands System. In accordance with a rezoning condition, the wash and adjacent areas are to be maintained as natural open space. The wash is also a designated trail per the Eastern Pima County Trail System Master Plan. During the platting, a non-motorized public trail easement was granted along the wash, north of the ranch house and guest house properties. Access to the wash and trail was provided from Corte el Rancho Merlita. Compatibility - The El Rancho Merlita subdivision is planned as a low-density, semi-rural, custom-home development along Robb Wash, in the interior of an established residential area. The proposed bed and breakfast is at the southern end of the subdivision, away from Wrightstown Road and adjacent to the Robb Wash, in a scenic setting that offers views of the Catalina Mountains. The LUC performance criteria limit the number of guests that can be accommodated at any one time to eight, and the number of sleeping rooms to four, both of which limit the intensity of the proposed use, and the associated traffic and noise. Other conditions prohibit the provision of separate cooking facilities in guest rooms, and specify that meals may be served only to guests staying at the bed and breakfast. Outdoor activities and equipment must be screened from the surroundings, and only one commercial vehicle may be used to transport people and materials to the premises. The vehicle must be screened from view from adjoining properties. In general, the performance criteria limit the intensity of use of the site so that it will be compatible with the surrounding residential uses. The applicant is not planning to construct additional buildings or change the footprint of the existing buildings. Onsite work will consist of remodeling and renovating the existing ranch houses, and enhancing the landscaping and walkways. The proposed bed and breakfast will not be visible from any public roadway, and will have limited visibility from the surrounding properties. Screening and buffering will be provided by a combination of existing and new vegetation, fences, and walls. During a brief site visit, staff noticed barbed wire fencing along the Robb Wash, and on top of the wire mesh fence along the southern property boundary. In general, the use of barbed wire fencing in the developed metropolitan area is discouraged, unless there is a good reason to use it, as it does not promote quality in design. Staff will recommend that the barbed wire fencing be removed. Other compatibility issues have generally been addressed by the LUC performance criteria and the July 2009 DRB review. Approximately 16 neighbors attended the neighborhood meeting, which was held in July 2009, to learn more about the proposed use. Many questions and concerns were related to the intensity of the proposed use. Neighbors asked if children and pets would be allowed (children over 12 will be allowed; pets may be allowed in the future, but they would not be allowed to roam freely on the site), if they planned to host big weddings or large parties (no), if guests can invite family and friends (guests may receive permission to invite family and friends, but services will be provided for guests only), if anyone would live at the two houses (each house will have a resident), if community membership would be offered to the pool and other onsite amenities (not planning to but will check into it), and if there would be floodlights on the site (they plan to provide a telescope for guests and intend to be dark-sky compliant). Neighbors' questions seemed intended to ascertain whether the business would be run like a traditional bed and breakfast, or like a guest ranch. Because the use is allowed as a home occupation in a residential zone, it cannot be operated like a commercial business, such as a guest ranch. Based on the land use class restrictions and the associated performance criteria, including that a home occupation shall not create any nuisance, hazard, or other offensive conditions, such as that resulting from noise, smoke, fumes, etc, and the additional screening required by the DRB, staff believes that the proposed use will be compatible with the surroundings, and will contribute to the character of the neighborhood. Summary and Recommendation - The proposed bed and breakfast use is consistent with the policy direction provided by the Pantano East Area Plan and the General Plan. Planned site improvements will turn this vacant property into an active business that will be respectful of its storied past, while contributing to and enhancing the ambiance of the neighborhood today. The proposed use is compatible with the surrounding residential uses. To enhance the proposal's compliance with the land use plan policies, staff recommends the following as conditions of granting this special exception use: 1) To the greatest amount reasonably practicable, all new vegetation planted onsite shall be native to southwest desert areas. Planting of new oleanders is discouraged. 2) To the greatest amount reasonably practicable, onsite landscaping shall incorporate water harvesting. 3) Outdoor mechanical equipment shall be screened from view from the surrounding properties. 4) All barbed wire perimeter fencing and/or strands shall be removed. F:\Shardir\UPDfiles\Development Review\CASE_REVIEW\SP-EXCPT\SE09-10\SE-09-19.doc LAND USE PLAN POLICIES PANTANO EAST AREA PLAN Residential Policies " Policy 1: Preserve the integrity of established neighborhoods. " Policy 1.A: Allow only local traffic into developed neighborhoods. " Policy 3: Ensure the compatibility of new development with existing land uses. " Policy 3.b: Require appropriate design elements during the rezoning and development review processes when locating multi-family dwellings and nonresidential uses within proximity of established neighborhoods. Commercial Policies " Policy 1.B.iv: Adjacent uses should be adequately buffered. Parks, Recreation and Open Space Policies " Policy 1.B: Develop major washes and floodplain as open space and park areas. GENERAL PLAN Element 4, Community Character and Design " Policy 1: Preserve and enhance Tucson's natural setting, urban form, and community image. " Supporting Policy 1.1: Promote development that is compatible with Tucson's overall urban form, community character, and environmental setting. " Policy 5: Promote neighborhood identify and visual character. " Policy 6: Promote quality in design for all public and privately-funded development. Element 8, Water Resources " Policy 3: Continue to promote water conservation " Supporting Policy 3.2: Support conservation and efficient water use in an effort to minimize the need for new water sources. Element 10, Parks, Recreation, Open Space and Trails " Policy 10: Provide an interconnected urban trail system throughout the city to meet the recreational needs of pedestrians, bicyclists, and equestrians. " Action 10.1.B: Provide an interconnected natural trail network for equestrians and hikers based on natural washes and supplemented by appropriate roadway rights-of-way. Element 14, Environmental Planning and Conservation " Policy 4: Promote the development and management of healthy and attractive urban vegetation. " Policy 5: Promote the long-term management and maintenance of Tucson's urban vegetation to maximize environmental and other benefits to the community. |
| 08/27/2009 | JOSE ORTIZ | DOT TRAFFIC | REVIEW | Completed | TDOT-Traffic has no objections to the proposed Special Exception |
| 09/15/2009 | DCORRAL1 | ENV SVCS | REVIEW | Completed | No comments. |
| 09/15/2009 | DCORRAL1 | TUCSON WATER NEW AREA DEVELOPMENT | REVIEW | Completed | No comments. |
| 09/15/2009 | DCORRAL1 | REZ AGENCY REVIEW | TDOT RTA | Completed | Parks and Recreation J. Linville 08/24/09 Approved. |
| 09/15/2009 | DCORRAL1 | REZ AGENCY REVIEW | TDOT STREETS | Completed | Parks and Recreation J. Linville 08/24/09 Approved. |
| 09/15/2009 | DCORRAL1 | REZ AGENCY REVIEW | OTHER AGENCIES | Completed | Parks and Recreation J. Linville 08/24/09 Approved. |
| 09/15/2009 | DCORRAL1 | REZ AGENCY REVIEW | OTHER AGENCIES | Completed | City of Tucson Transportation Planning 8/12/09 No comments from Transportation Planning on this case, SE-09-19. |
| 09/15/2009 | DCORRAL1 | REZ AGENCY REVIEW | OTHER AGENCIES | Completed | Tucson Police Department 8/12/09 I have no issues with this proposal. CSO Becky Noel #37968 Tucson Police Dept 837-7428 |
| 09/15/2009 | DCORRAL1 | REZ AGENCY REVIEW | OTHER AGENCIES | Completed | DMAFB 8/14/09 We have reviewed the new rezoning proposal (CASE: SE-09-19 Osborne - El Merlito 1924, RX-2 Zone (Ward 2) & have no objections. Darren T. Horstmeier Chief, Asset Optimization 355th Civil Engineer Squadron Davis-Monthan AFB DSN 228-5161, Comm 520-228-5161 |
| 09/15/2009 | DCORRAL1 | REZ AGENCY REVIEW | OTHER AGENCIES | Completed | Tucson Electric Power Co. 8/18/09 Tucson Electric Power Company has no comments on CASE: SE-09-19 Osborne – El Merlito 1924, RX-2 Zone for a bed and breakfast. Laura J. Sagerman Environmental and Land Use Planner Land Management Tucson Electric Power Company PO Box 711, Mail Stop DS315 Tucson, AZ 85702 (520) 918-8254 |
| 09/15/2009 | DCORRAL1 | REZ AGENCY REVIEW | OTHER AGENCIES | Completed | Pima County Flood Control and Wastewater Reclamation 8/26/09 Subject: SE-09-19 and 20 Osborne - El Rancho Merlita 1924 & 1937 (Ward 2) Pima County has reviewed the above special action and has no significant concerns regarding the project. The following comments were received. Regional Flood Control District The western portion of the site is within floodplains and is designated as Important Riparian Area by the county. These are the highest priority habitats for protection within the County as identified in the Sonoran Desert Conservation Plan. All efforts should be made to preserve, buffer and enhance this habitat. Regional Wastewater Reclamation Department The Planning Services Section of the Pima County Regional Wastewater Reclamation Department (PCRWRD) has reviewed the above referenced submittal and offers the following comments for your use: The PCRWRD has no objection to the proposed special exception to allow a bed and breakfast to operate within an existing residence. Should the City of Tucson be inclined to approve this special exception, the PCRWRD recommends the following condition: The owner / developer shall construe no action by Pima County as a commitment to provide sewer service to any new development within the rezoning area until Pima County executes an agreement with the owner / developer to that effect. Cultural Resources A review of County cultural resources records was conducted, revealing that the subject property has not been surveyed previously. However, nearby areas have been surveyed, including survey of the Tanque Verde Interceptor Alternate Routes in 1979 (Arizona State Museum Project #1979-27.ASM), block survey conducted in 1984 for Wrightstown Square - Tobin Homes (ASM #1984-67.ASM), the NWC Bikepath Survey: Pima between Pantano and Camino Seco (ASM #1998-64.ASM), the Camino Seco/Wrightstown survey conducted in 2001 (ASM #2001-555.ASM), and the 49ers Reclaimed Main Survey completed in 2003 (ASM #2003-1432.ASM). No previously recorded archaeological sites are known within the subject property, but several sites are known within ¼-mile, including AZ BB:13:127(ASM), AZ BB:13:224(ASM), and AZ BB:13:225(ASM). The subject property is entirely within an area with high archaeological sensitivity, as defined in the Sonoran Desert Conservation Plan, in part because the property is adjacent to the east side of Robb Wash, near its confluence with Tanque Verde Creek. Cultural Resources has the following recommendations. COT should be aware of the cultural resources sensitivity of the proposed development property and appropriate measures should be taken before any ground-disturbing construction occurs. Once development construction commences, state laws protecting cultural resources and human remains should be enforced. In the event that human remains, including human skeletal remains, cremations, and/or ceremonial objects and funerary objects are found during excavation or construction, ground-disturbing activities must cease in the immediate vicinity of the discovery. State Laws ARS 41-865 and/or ARS 41-844 require that the Arizona State Museum be notified of the discovery at (520) 621-4795 so that appropriate arrangements can be made for the repatriation and reburial of the remains by cultural groups who claim cultural or religious affinity to them. The human remains will be removed from the site by a professional archaeologist pending consultation and review by the Arizona State Museum and the concerned cultural groups. Sherry A. Ruther Manager - Environmental and Long Range Planning Group Pima County Development Services |
| 09/15/2009 | DCORRAL1 | REZ AGENCY REVIEW | OTHER AGENCIES | Completed | Tucson Airport Authority 8/31/09 Thank you for the opportunity to review this application for special exception. Tucson Airport Authority does not oppose the application. Jordan D. Feld, AICP Director of Planning Tucson Airport Authority 7005 S. Plumer Ave. Tucson, AZ 85756 jfeld@tucsonairport.org www.tucsonairport.org (520) 573-5115 office |
| 09/15/2009 | DCORRAL1 | REZ AGENCY REVIEW | PARKS & RECREATION | Completed | Parks and Recreation J. Linville 08/24/09 Approved. |
| 09/15/2009 | DCORRAL1 | REZ AGENCY REVIEW | OFFICE OF CONSERVATION & SUSTAINABLE DEVELOPMENT | Completed | Parks and Recreation J. Linville 08/24/09 Approved. |
| 09/15/2009 | DCORRAL1 | REZ AGENCY REVIEW | PIMA CNTY WASTEWATER | Completed | Parks and Recreation J. Linville 08/24/09 Approved. |
| 09/15/2009 | DCORRAL1 | REZ AGENCY REVIEW | SCHOOL DISTRICT | Completed | Parks and Recreation J. Linville 08/24/09 Approved. |