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Plan Number: T09SE00020
Parcel: Unknown

Review Status: Completed

Review Details: REZONING - ZE HEARING

Plan Number - T09SE00020
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 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 Julie Ybarra
P&DS Sign Code
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/Andy Dinauer
8/13/09
TDOT Engineering has no objections.
Public roadway modifications shall be as required by TDOT Traffic Engineering.
08/13/2009 DAVE MANN FIRE REVIEW Denied A fire hydrant will be required for this change of use.
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.
08/17/2009 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 12 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 12. 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 and the lot (0.62 acre) is smaller than one acre in size, detention/retention is not required.

No conditions are requested.
08/21/2009 NSTEVEN1 REZ AGENCY REVIEW SCHOOL DISTRICT Completed TUSD Planning Services has no concerns to case number SE-09-20 Osborne-El Rancho Merlita 1937, RX-2 Zone (Ward 2).
8/21/09

Shaun Brown
Planning Technician
Engineering, Facilities & Planning
(520) 225-4767
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
1937 N. Corte El Rancho Merlita - RX-2 Zoning
Special Exception Case Number - SE-09-20

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: Appears to meet requirements

2. A handicap access aisle adjacent to the handicap parking space is required.
3. Provide for wheel stop curbing or barriers to prevent vehicles from driving onto unimproved portions of the site.
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. This pathway is required to be constructed of concrete or a material of similar hardness. Decomposed Granite (DG) does not meet this requirement.

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. The plan number, T06CM04401, has not been approved at this time. Remove this number from plan or provide the proposed development on the plan and indicate that this development is in review.

8. Clearly indicate on the plan the maximum number of guests and number of rooms for the guests allowed.

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-09-20 Osborne - El Rancho Merlita, 1937
RX-2, ZE Full Notice Procedure
Pantano East Area Plan and General Plan
8/25/09 jsh (full review)

Proposal -

This 0.62-acre parcel is at the southwestern 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 southwestern parcel with the smaller guest house (1937 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 screening exterior mechanical equipment that is visible to adjacent properties.


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 are the northern portion of the ranch house lot, and one of the new homes that was recently completed in Rancho Merlita. Further east are large, unsubdivided lots with homes, in SR zoning. To the north is the other new home that was recently built in Rancho Merlita, also in RX-2 zoning. Further north are vacant Rancho Merlita lots. To the west and southwest across the Robb Wash are single family homes in RX-2 zoning. To the south is the ranch house property.

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 southwestern 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. 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.

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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
08/31/2009 NSTEVEN1 REZ AGENCY REVIEW TDOT STREETS Completed Streets
8/31/09
No objections from Streets.
Sandra Zurbrick
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 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-09-20 Osborne-El Rancho Merlita 1937, 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 TEP
8/17/09
Tucson Electric Power Company has no comments on SE-09-20 Osborne-El Rancho Merlita 1937, RX-2 Zone for a Bed & 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 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 TDOT RTA Completed No comments.
09/15/2009 DCORRAL1 REZ AGENCY REVIEW PARKS & RECREATION Completed COT Transportation Planning
8/12/09
No comments from Transportation Planning on case SE-09-20.

Tom Thivener
Bicycle & Pedestrian Program Manager
City of Tucson Dept. of Transportation
201 North Stone Avenue - 6th Flr
Tucson, AZ 85726-7210
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 No comments.
09/15/2009 DCORRAL1 REZ AGENCY REVIEW PIMA CNTY WASTEWATER Completed No Comments.