PROPOSED CHANGES IN PERFORMANCE CRITERIA, Sections containing proposed changes or new sections extracted from document, perfcrit-proposed.html. John Rupley, 8/21/02. NOTE: changed or new parts of the document are identified: **........** 3. Setbacks. a. Large Retail Establishments. 1. Structures. a. Three hundred (300) feet from residentially zoned or residentially developed property, other than residentially zoned property that is dedicated right-of-way. b. **Two hundred fifty (250)** feet .... c. Two hundred (200) feet .... 2. Outdoor Storage Areas Associated With a Large Retail Structure. a. Three hundred (300) feet from residentially zoned or residentially developed property, other than residentially zoned property that is dedicated right-of-way. b. **Two hundred fifty (250)** feet ... c. Two hundred (200) feet ... 3. Trash Collection Areas Associated With a Large Retail Structure. a. Three hundred (300) feet from residentially zoned or residentially developed property, other than residentially zoned property that is dedicated right-of-way. b. **Two hundred fifty (250)** feet ... c. Two hundred (200) feet ... 4. Delivery and Loading Spaces Associated With a Large Retail Structure. a. **Four hundred (400)** feet from residentially zoned or residentially developed property, other than residentially zoned property that is dedicated right-of-way, unless located entirely within an enclosed building **provided it is no closer than the allowable building setback**. b. **Three hundred fifty (350)** feet ... c. **Three hundred (300)** feet ... 5. Delivery Truck Parking Associated With a Large Retail Structure. a. **Four hundred (400)** feet from residentially zoned or residentially developed property, other than residentially zoned property which is dedicated right-of-way, for parking of delivery trucks,**[qualifier deleted]** unless the main building is located between the truck parking area and the adjacent property. b. **Three hundred fifty (350)** feet ... c. **Three hundred (300)** feet ... 6. Outdoor Sales Display/Ancillary Uses Associated With a Large Retail Structure, Including **But Not Limited To** Seasonal and Outdoor Temporary Display, **Outdoor Storage, and Outdoor Snack Bar and Eating Areas**. a. **Three hundred fifty (350) feet and oriented to face away** from residentially zoned or residentially developed property, other than residentially zoned property that is dedicated right-of-way, unless the main building is located between the activity and the adjacent property. b. **Three hundred (300) feet ... c. **Two hundred fifty (250) feet ... b. Other Than Large Retail Establishments, Located on a Site Containing a Large Retail Establishment. 1. Structures. **[as for a.1, except basic setback = (200,150,100')]** 2. Outdoor Storage Areas Associated With Structures Other Than a Large Retail Establishment. **[as for a.2, except basic setback = (200,150,100')]** 3. Trash Collection Areas Associated With Structures Other Than a Large Retail Establishment. **[as for a.3, except basic setback = (200,150,100')]** 4. Delivery and Loading Spaces Associated With Structures Other Than a Large Retail Establishment. **[as for a.4, except setback = basic setback (200,150,100') + 100']** 5. Delivery Truck Parking Associated With Structures Other Than a Large Retail Establishment. **[as for a.5, except setback = basic setback (200,150,100') + 100']** 6. Outdoor Sales Display/Ancillary Uses Associated With Structures Other Than a Large Retail Establishment. **[as for a.6, except setback = basic setback (200,150,100') + 50']** **3 Setbacks. ATTEMPT AT A UNIFIED TREATMENT** a. Structures. Equations (1) give the setback for the main building as a function of the total footprint area (FA) of the main building plus associated structures and uses, including but not only, outdoor display or sales areas, outdoor storage, delivery and loading areas, and outdoor snack bar and eating areas, for zones for which an LRE is a permitted use. Eq. 1.a: FA .ge. 100,000 ft2: setback = MIN((2*FA/1000 - A), (400 - A)) Eq. 1.b: FA .lt. 100,000 ft2: setback = MAX((FA/1000 + 100 - A), (125 - A)) where A = (0, 50, 100) for zone = (C-2, C-3 or OCR, I). NOTE: THE ATTACHED MATRIX IS CONSTRUCTED FROM EQUATIONS (1). The rows for footprint FA = 150 and 100 ft2/1000 correspond to the basic setbacks for A.3.a.1-6.a-c and A.3.b.1-6.a-c, respectively. b. Trash Collection Areas. As for main building, c. Delivery and Loading Spaces. As for main building plus one hundred (100) feet, unless located entirely within an enclosed building **provided it is no closer than the allowable building setback**. d. Delivery Truck Parking. As for main building plus one hundred (100) feet, **[qualifiers deleted]** unless the main building is located between the truck parking area and the adjacent property. e. Outdoor Sales Display/Ancillary Uses Associated With a Large Retail Structure, Including **But Not Limited To** Seasonal and Outdoor Temporary Display, **Outdoor Storage, and Outdoor Snack Bar and Eating Areas**. As for main building plus fifty (50) feet and and oriented to face away** from residentially zoned or residentially developed property, unless **the main** building is located between the activity and the adjacent property. --------------------------------------------------- ------------------------------------------------- MATRIX FOR DETERMINATION OF SETBACK AS A FUNCTION OF FOOTPRINT OF STRUCTURE FOR SITE WITH LRE AND WITH ADJACENT RESIDENTIAL NOT RIGHT-OF-WAY ------------------------------------------------- ZONE WHERE STRUCTURE LOCATED ------------------------------------- FOOTPRINT C-2 or less C-3, I-1, I-2 (ft2/1000) restrictive OCR-1, OCR-2 ------------------------------------------------- .le. 25 125 ft 75 ft 25 ft .le. 50 150 100 50 .le. 100 200 150 100 .le. 125 250 200 150 .le. 150 300 250 200 .le. 175 350 300 250 else 400 350 300 ------------------------------------------------- 4. Buffers and Landscaping. [**NO DISTINCTION LRE/NON-LRE**] a. Structures. 2. ...maturity. **The project shall be responsible for maintenance of the landscape buffer.** 5. Hours of Operation. a. Trash Collection Areas. No trash may be removed between 4:00 p.m. and 9:00 a.m. **[qualifier deleted]**. b. Delivery and Loading Spaces. If there is a residential use or residentially zoned property adjacent to the site, such operations shall not be permitted between 10:00 p.m. and 7:00 a.m. **c. Retail and Other Business. If there is a residential use or residentially zoned property adjacent to the site, no Retail or other LRE operations shall be permitted between 10:00 p.m. and 7:00 a.m.** **d. Outdoor Sales Display/Ancillary Uses, including but not limited to outdoor merchandise display and sales, outdoor storage, and outdoor snack bar and eating areas. If there is a residential use or residentially zoned property adjacent to the site, such operations shall not be permitted between 10:00 p.m. and 7:00 a.m.** OR install a setback penalty for late operation, and a stronger penalty for all-night operation: c**. All setbacks shall be increased by 100' for structures and associated uses for a business that operates after 10p.m., and increased by 200' for a business that operates after 1 a.m.** **d. as above.** 9. Traffic Impacts. **d. Recreational vehicles, trailers, boats, and mobile homes shall not be parked overnight.** 10. Outdoor Lighting. The applicant must submit a photometric plan and outdoor lighting report that provide information on how outdoor lighting is addressed to mitigate negative impacts on residential uses or residentially zoned properties. The report will also address the negative impacts of outdoor lighting between the hours of 10:00 p.m. and 7:00 a.m. on residential properties or zones and how they will be mitigated. Outdoor lighting between 10:00 p.m. and 7:00 a.m. shall be limited to low-pressure sodium lighting. **All parking lot lighting shall be shielded and directed down and away from adjacent residential neighborhoods. The height of the parking lot lighting shall be the stair-stepped from approximately 14 feet within 150 feet of adjacent residential neighborhoods to a maximum 30 feet for the remainder of the property and shall be consistent with the landscape plan. All wall-mounted lighting on buildings shall be directed down and away from adjacent residential neighborhoods.** 11. Noise Abatement. The applicant shall provide a noise mitigation plan indicating how the noise initiated by the land use will be mitigated to comply with noise regulations in Chapter 11 of the Tucson Code and with the limits on noise in this Section. **The noise levels measured at residential use property adjacent to the site shall be no greater than 45 dB(A) during the hours of 10 p.m. and 7 a.m. and no greater than 55 dB(A) between the hours of 7 a.m and 10 p.m. or shall be no greater than 10 dB(A) above ambient noise level for those time periods. The noise levels from devices, including, but not limited to, vehicle warning beepers, that emit impulse sounds or pure tones shall be no greater than a level determined to correspond to the averaged noise level of 55 db(A) measured at residential use property adjacent to the site during the hours of 7 a.m and 10 p.m., and such devices shall not be operated between the hours of 10 p.m. and 7 a.m. Screen walls designed for noise abatement shall be placed near the sources of sound to optimally protect adjacent residential use property from the impact of noise initiated by the land use. There shall be no outdoor loudspeakers at the site. Trucks and other vehicles, including, but not limited to, mobile homes, trailers, recreational vehicles, and vans, shall not be idling or running generators on site between the hours of 6:00 p.m. and 7:00 a.m.** 12. Combination of Retail With Food and Beverage Sales. General Merchandise Sales and retail sales shall not be combined with Food and Beverage Sales except where one of the Land Use Classes consists of less than ten (10) percent of the gross floor area. **13. Grade Differentials. A grade differential of more than three (3) feet between the site and adjacent residential use or residentially zoned property shall be mitigated by increasing the linear measurement of any setback or buffer associated with a structure on the site or with uses on the site associated with the structure, such as but not limited to, building setbacks, landscape buffers, outdoor storage, trash collection, delivery and loading, traffic circulation, outdoor display and sales, and position and height of outdoor lighting. The increase in linear measurement shall be according to the ratio:** **(grade differential + building height)/(building height)** **14. Nonconforming Uses. A non-conforming use shall be phased out either in five (5) years or upon a change in the business associated with it. A non-conforming structure shall lose its non-conforming status in accordance with the provisions of Section 5.4.3.2.** **15. All-site Application of Criteria. The Performance Criteria that apply to an LRE, including Setbacks and Buffers and Landscaping, shall apply to all new construction at the site of an LRE, except when different criteria are explicitly specified as applying to non-LRE structures and uses.** **16. Screen Walls. Screen walls, including boundary walls, shall be constructed with sound attenuation properties which substantially reduce the effect of sound on adjacent residential properties (including, but not limited to, split-face and fluted, minimum eight (8) inches thick and filled with sound attenuation material). Screen walls shall be capped to increase sound attenuation. Changes in wall height from one segment to another shall be stepped to provide visual continuity. For any wall over 3 feet in height and 75 feet in length, the wall alignment shall be varied with jogs, curves, notches, setbacks, or other similar architectural features. Screen walls shall be decorative on both sides. The project shall be responsible for maintenance of screen walls, including, but not limited to, removal of graffitti from both sides of the wall.** **17. Pre-application Meetings. a. Meetings shall be as described in Sec. 5.4.5.2 and shall be additionally compliant with the following procedures: 1. Meetings shall be chaired by the Monitor, who shall not be a party of interest and shall be appointed by the Planning Director. The applicant shall request that the Planning Director begin the process. The request should be at the initiation of planning by the applicant and shall be at least four months before submission of the application. 2. Invited Participants shall include those to whom notice is provided according to Sec. 5.4.5.2 and others with the approval of the Monitor. 3. The Monitor shall decide when to call a meeting, which may be at the request of the applicant, the Planning Director, or an Invited Participant, except that there shall be at least four open meetings that shall provide for testimony and questions from any interested party and that shall be be held at intervals of no less than one-month with the final open meeting at 1 to 2 weeks before the application is submitted. 4. The Monitor shall be responsible for maintaining records of the meetings; the records shall be part of the application and shall be publicly accessible.**