THIS ORDINANCE BECOMES EFFECTIVE ON: 11/11/99 FINAL VERSION Adopted by the Mayor and Council on: SEP 27 1999 ORDINANCE NO. 9293 RELATING TO ZONING: AMENDING CHAPTER 23, THE LAND USE CODE, ARTICLE II ZONES; DIVISION 5, COMMERCIAL ZONES; DIVISION 6, MIXED USE ZONES; DIVISION 7, INDUSTRIAL ZONES; ARTICLE III, DEVELOPMENT REGULATIONS; ARTICLE VI, DEFINITIONS; ADDING REGULATIONS OF LARGE SCALE RETAIL STORES AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF TUCSON, ARIZONA, AS FOLLOWS: SECTION 1. Chapter 23, the Land Use Code, is amended as set forth below to read as follows: TUCSON CODE, CHAPTER 23, LAND USE CODE ARTICLE 11. ZONES DIVISION 5. COMMERCIAL ZONES 2.5.1 "RVC" RURAL VILLAGE CENTER ZONE. 2.5.1.3 Special Exception Land Uses. C. Retail Trade Use Group, Sec. 6.3.10 1. Food and Beverage Sales - Large Retail Establishment "29", subject to: Sec. 3.5.9.7 and approval through a Type III Legislative Procedure, Sec. 5.4.2.3 2. General Merchandise Sales - Large Retail Establishment "29", subject to: Sec. 3.5.9.7 and approval through a Type III Legislative Procedure, Sec. 5.4.2.3 2.5.3 "C-11" COMMERCIAL ZONE. 2.5.3.3 Special Exception Land Uses. E. Retail Trade Use Group, Sec. 6.3.10 1 . Food and Beverage Sales - Large Retail Establishment "28", subject to: Sec. 3.5.9.7 and approval through a Type III Legislative Procedure, Sec. 5.4.2.3 2. General Merchandise Sales - Large Retail Establishment "28", subject to: Sec. 3.5.9.7 and approval through a Type III Legislative Procedure, Sec. 5.4.2.3 2.5.4. "C-2" COMMERCIAL ZONE. 2.5.4.3 Special Exception Land Uses. D. Retail Trade Use Group, Sec. 6.3.10 1. Food and Beverage Sales - Large Retail Establishment "31 subject to: Sec. 3.5.9.7 and approval through a Type III Legislative Procedure, Sec. 5.4.2.3 2. General Merchandise Sales - Large Retail Establishment "31", subject to: Sec. 3.5.9.7 and approval through a Type III Legislative Procedure, Sec. 5.4.2.3 2.5.5 "C-3" COMMERCIAL ZONE. 2.5.5.3 Special Exception Land Uses. E. Retail Trade Use Group, Sec. 6.3.10 1 . Food and Beverage Sales - Large Retail Establishment "34", subject to: Sec. 3.5.9.7 and approval through a Type III Legislative Procedure, Sec. 5.4.2.3 2. General Merchandise Sales - Large Retail Establishment "34", subject to: Sec. 3.5.9.7 and approval through a Type III Legislative Procedure, Sec. 5.4.2.3 DIVISION 6. MIXED USE ZONES 2.6.1 "OCR-1" OFFICE/COMMERCIAL/RESIDENTIAL ZONE. 2.6.1.3 Special Exception Land Uses. A. Retail Trade Use Group, Sec. 6.3. 10 2. Food and Beverage Sales - Large Retail Establishment "35", subject to: Sec. 3.5.9.7 and approval through a Type III Legislative Procedure, Sec. 5.4.2.3 3. General Merchandise Sales - Large Retail Establishment "35", subject to: Sec. 3.5.9.7 and approval through a Type III Legislative Procedure, Sec. 5.4.2.3 2.6.2 "OCR-2" OFFICE/COMMERCIAL/RESIDENTIAL ZONE. 2.6.2.3 Special Exception Land Uses. A. Retail Trade Use Group, Sec. 6.3.10 2. Food and Beverage Sales - Large Retail Establishment "36", subject to: Sec. 3.5.9.7 and approval through a Type III Legislative Procedure, Sec. 5.4.2.3 3. General Merchandise Sales - Large Retail Establishment "36", subject to: Sec. 3.5.9.7 and approval through a Type III Legislative Procedure, Sec. 5.4.2.3 DIVISION 7. INDUSTRIAL ZONES 2.7.2 "I-1" LIGHT INDUSTRIAL ZONE. 2.7.2.3 Special Exception Land Uses. C. Retail Trade Use Group, Sec. 6.3.10 3. Food and Beverage Sales - Large Retail Establishment "34", subject to: Sec. 3.5.9.7 and approval through a Type III Legislative Procedure, Sec. 5.4.2.3 3. General Merchandise Sales - Large Retail Establishment "34", subject to: Sec. 3.5.9.7 and approval through a Type III Legislative Procedure, Sec. 5.4.2.3 2.7.3 "I-2" HEAVY INDUSTRIAL ZONE. 2.7.3.3 Special Exception Land Uses. 1. Retail Trade Use Group, Sec. 6.3.10 1. General Merchandise Sales - Large Retail Establishment "35", subject to: Sec. 3.5.9.7 and approval through a Type III Legislative Procedure, Sec. 5.4.2.3 ARTICLE III. DEVELOPMENT REGULATIONS DIVISION 2. DEVELOPMENT CRITERIA 3.2.5 ACCESSORY USES AND STRUCTURES. 3.2.5.2 Accessory Structures. H. The maximum height of a wall or fence within a perimeter yard is six (6) feet; however, the wall or fence may be higher than six (6) feet, but no higher than ten (10) feet, if: (See Illustration 3.2.5.2.H.) 2. Part of, or located on top of, a retaining wall no higher than ten (10) feet measured from design grade and no higher than six (6) feet measured from the top of the retaining portion of the wall, or 3. A greater height is required through the rezoning process or the Special Exception Land Use process, or 4. A greater height is required by a specific regulation in the LUC. DIVISION 5. PERFORMANCE CRITERIA 3.5.9 RETAIL TRADE USE GROUP. 3.5.9.1 Food and Beverage Sales. K. A retail establishment (store) is limited to a maximum of one hundred thousand (100,000) square feet of floor area. The one hundred thousand (100,000) square feet of floor area includes gross floor area, outdoor storage areas, and any outside area which provides associated services to the public, such as, but not limited to, outdoor merchandise display, snack bars, etc. The floor area does not include motor vehicle parking or loading areas. For the purposes of determining the applicability of the 100,000 square foot of floor area maximum, the aggregate square footage of all adjacent stores which share checkstands, management, a controlling ownership interest, and storage areas, shall be considered one establishment, e.g., a plant nursery associated with a general merchandise store such as a home improvement store. Establishments greater than one hundred thousand (100,000) square feet of floor area (Large Retail Establishments) are considered through a Special Exception Land Use process as provided in the applicable zone. 3.5.9.2 General Merchandise Sales. D. A retail establishment (store) is limited to a maximum of one hundred thousand (100,000) square feet of floor area. The one hundred thousand (100,000) square feet of floor area includes gross floor area, outdoor storage areas, and any outside area which provides associated services to the public, such as, but not limited to, outdoor merchandise display, snack bars, etc. The floor area does not include motor vehicle parking or loading areas. For the purposes of determining the applicability of the 100,000 square foot of floor area maximum, the aggregate square footage of all adjacent stores which share checkstands, management, a controlling ownership interest, and storage areas, shall be considered one establishment, e.g., a plant nursery associated with a general merchandise store such as a home improvement store. Establishments greater than one hundred thousand (100,000) square feet of floor area (Large Retail Establishments) are considered through a Special Exception Land Use process as provided in the applicable zone. 3.5.9.7 Large Retail Establishment Design Criteria. Large Retail Establishments are subject to the following performance criteria. Variances from the criteria are not permitted; however, if one or more of the criteria cannot be met, the applicant can request approval through the Special Exception Land Use process where there is substantial compliance with this section. A. Site Design and Relationship to Surrounding Community. 1 . Vehicular Access. The project shall provide safety and protection to adjacent residential uses by having motor vehicle access from a major street as designated by the adopted Major Streets and Routes (MS&R) Plan. Access can also be provided from a street that is not designated by the MS&R Plan, provided it can be shown that any negative impacts on residential uses or residentially zoned properties can be mitigated. 2. Buffers. The project shall provide visual and noise buffers where the site is adjacent to a residential use or residentially zoned property. This can be accomplished by providing a minimum building setback of at least two hundred (200) feet from a residential use or residentially zoned property that is adjacent to the site. An eight (8) foot high, or higher, masonry screen wall and at least a twenty (20) foot wide landscape buffer shall be provided adjacent to the site property line where it adjoins a residential use or residentially zoned property. The landscape buffer shall be placed on the inside of the screen wall and shall include, in addition to shrubs and groundcover, canopy trees at twenty (20) to thirty (30) foot intervals depending on the separation needed for the tree canopies to touch at maturity to form a noise, light, and visual screen above the screen wall. No other uses, such as, but not limited to, parking or storage, are permitted within the landscape buffer area. 3. Outdoor Storage Areas. The project shall mitigate visual and noise impacts on residential uses, residentially zoned properties and streets that may be adjacent to the site from outdoor storage areas (when permitted by the zone district requirements). The mitigation can be accomplished by locating these areas on-site and at least two hundred (200) feet from any residential use or residentially zoned property that is adjacent to the site. The areas should be screened or enclosed so that they are not visible from public streets, public sidewalks, internal pedestrian walkways, or adjacent residential properties. The screen shall be at least eight (8) feet high and of masonry construction to assure the highest level of noise abatement and to confine any loose papers, cartons, and other trash. Storage materials should not be visible above the screen wall. It would be preferred that these outdoor storage areas be placed between buildings in a manner which would allow the buildings to act as screens. 4. Trash Collection Areas. The project shall mitigate visual and noise impacts on adjoining residential neighborhoods and streets from trash collection areas by locating these areas on-site and at least two hundred (200) feet from any residential use, residentially zoned property, and street that is adjacent to the site. The areas should be screened or enclosed so that they are not visible from public street, public sidewalks, internal pedestrian walkways, or adjacent residential properties. Screening and landscaping of these areas shall conform to the predominant materials used on the site. The screen shall be at least eight (8) feet high and of masonry construction to assure the highest level of noise abatement and to confine any loose papers, cartons, and other trash. It would be preferred that these trash collection areas be placed between buildings to allow the buildings to act as screens. No trash may be removed between 4:00 p.m. and 9:00 a.m. as part of scheduled trash collection. 5. Pedestrian Flows. The project shall provide pedestrian accessibility, safety, and convenience to reduce traffic impacts and enable the development to project a friendly, inviting image. Sidewalks shall be at least eight (8) feet wide and unobstructed and shall connect the public street sidewalks, the main entrances to the stores, transit stops on- or off-site, and other buildings on the site, in addition to providing convenient access to adjacent residential neighborhoods. Sidewalks shall be provided along the full length of any building where it adjoins a parking lot. Sidewalks shall have an associated three (3) foot wide landscape strip for their entire length except at intersections with PAALs. The landscaping shall include canopy trees or other shading devices to shade at least sixty-five (65) to seventy-five (75) percent of the sidewalks during the major part of the day (shadow pattern needs to be taken into consideration). 6. Central Features and Community Spaces. The project is to provide attractive and inviting pedestrian scale features, spaces, and amenities. Entrances and parking lot locations shall be functional and inviting with walkways conveniently tied to logical destinations. Bus stops-should be considered integral parts of the configuration whether they are located on-site or along -the street. Customer drop-off/pick-up points that may be provided should also be integrated into the design (should not conflict with traffic lanes or pedestrian paths). Pedestrian ways shall be anchored by special design features, such as towers, arcades, porticos, light fixtures, planter walls, seating areas, and other architectural features that define circulation paths and outdoor spaces. Examples are outdoor plazas, patios, courtyards, and window shopping areas. Each development should have at least two (2) of these. 7. Delivery and Loading Spaces. Delivery and loading operations shall be designed and located to mitigate visual and noise impacts to adjoining residential neighborhoods. If there is a residential use or residentially zoned property adjacent to the site such operations shall not be permitted between 10 p.m. and 7 a.m. Delivery and loading spaces shall be set back at least two hundred (200) feet from a residential use or residentially zoned property that is adjacent to the site, unless such operations are located entirely within an enclosed building provided it is no closer than the allowable building setback. Delivery trucks shall not be parked in close proximity to or within a designated delivery or loading area during nondelivery hours with motors and/or refrigeration/generators running, unless the area where the trucks are parked is set back at least three hundred (300) feet from residential property to mitigate the truck noise. The setback does not apply if the main building is located between the truck parking and the residential use or residentially zoned property to act as the screen. The delivery and loading areas shall be screened or enclosed so that they are not visible from public streets, public sidewalks, internal pedestrian walkways, or adjacent properties. The screen shall be of masonry construction and at least ten (10) feet high, measured from the loading dock floor elevation, to screen the noise and activity at the loading dock. The masonry screen assures the highest level of noise abatement. It would be preferred that the delivery and loading spaces be enclosed within a building or placed between buildings in a manner which would allow the buildings to act as screens. 8. Traffic Impacts. The applicant shall have a professional entity perform a Traffic Impact Analysis (TIA) for the development using the Institute of Transportation Engineers' Trip Generation publication as the standard for trip generation calculation. The scope and criteria for the study shall be directed by the Department of Transportation. The TIA shall identify traffic flow impacts on the public streets; recommend mitigation measures to address those conditions that fall below the standards established by the adopted regional Mobility Management Plan; and show how the applicant will provide the recommended improvements. 9. Outdoor Lighting. Provide a photometric plan and outdoor lighting report which provides information on how outdoor lighting is addressed to mitigate negative impacts on adjacent residential uses or residentially zoned properties. The report will also address the negative impacts of outdoor lighting between the hours of 10 p.m. and 7 a.m. on adjacent 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. 10. Outdoor Sales Display/Ancillary Uses. Provide measures to mitigate any negative impacts to a residential use or residentially zoned property that is adjacent to the site from the location of any outdoor activity associated with services to the public, such as, but not limited to, outdoor merchandise display and sales, outdoor storage, and outdoor snack bar and eating areas. The outside activity will be set back at least two hundred fifty (250) feet and oriented to face away from any residential use or residentially zoned property that is adjacent to the site, unless a building is located between the activity and the residential property. 11. Hazardous Materials. Provide a Hazardous Materials Management Plan and Hazardous Materials Inventory Statement as provided in the Fire Code to assure that the building site and design will protect public health and safety from accidental exposure to hazardous materials as provided in the Tucson Fire Code. 12. Noise Abatement. 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. Trucks shall not be left idling between the hours of 6:00 p.m. and 7:00 a.m. 13. Combination of retail with food and beverage sales. General Merchandise 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 percent (10%) of the gross floor area. B. Aesthetic Character of Buildings. 1. Facades and Exterior Walls Including Sides and Back. The building shall be designed in a way which will reduce the massive scale and uniform and impersonal appearance and will provide visual interest consistent with the community's identity, character, and scale. Long building walls shall be broken up with projections or recessions with depths of at least three (3) percent of the facade length along all sides of the building. Along any public street frontage, the building design should include windows, arcades, or awnings along at least sixty (60) percent of the building length. Architectural treatment, similar to that provided to the front facade, shall be provided to the sides and rear of the building to mitigate any negative view from adjacent properties and or streets. 2. Detail Features. Provide architectural features that contribute to visual interest at the pedestrian scale and reduce the massive aesthetic effect by breaking up the building wall, front, side, or rear, with color, texture change, wall offsets, reveals, or projecting ribs. 3. Roofs. The roof design shall provide variations in roof lines to add interest to, and reduce the massive scale of, large buildings. Roof features shall complement the architectural and visual character of adjoining neighborhoods. Roofs shall be architecturally treated to avoid a plain, monotonous look, unless it is in keeping with the architectural style of the building, e.g., Santa Fe style with smooth walls. 4. Materials and Color. The buildings shall have exterior building materials and colors, which are aesthetically pleasing and compatible with materials and colors that are used in adjoining neighborhoods. This includes the use of high-quality materials and colors that are low reflective, subtle, neutral, or earth tone. Certain types of colors shall be avoided, e.g., fluorescent or metallic. Construction materials, such as tilt-up concrete, smooth-faced concrete block, prefabricated steel panels, and other similar materials shall be avoided, unless the exterior surface is covered with an acceptable architectural treatment. 5. Entryways. The building design shall provide design elements which give customers orientation on accessibility and which add aesthetically pleasing character to buildings by providing clearly-defined, highly-visible customer entrances. 6. Screening of Mechanical Equipment. Roof or ground- mounted mechanical equipment shall be screened to mitigate noise and views in all directions. If roof mounted, the screen shall be designed to conform architecturally with the design of the building, whether it is wit varying roof planes or with parapet walls. A wood fence or similar treatment is not acceptable. Ground-mounted mechanical equipment shall be screened. The screen shall be of masonry construction and be of sufficient height to block the view and noise of the equipment. C. Development Review Board (DRB). All proposed Large Scale Retail establishments shall be reviewed by the DRB for recommendation to the Development Services Department (DSD) director who will make a final decision on whether it complies With the performance criteria. The DRB will base its recommendation on whether or not the project complies with the performance criteria related to compatibility, architecture, and site design, as provided in Sec. 3.5.9.7 where specific requirements are not provided. The applicant is responsible for providing all documentation and information necessary to show compliance, such as, but not limited to, site plan, building elevations, landscaping plans, floor plans, and an outdoor lighting photometry plan. ARTICLE VI. DEFINITIONS DIVISION 2. LISTING OF WORDS AND TERMS 6.2.12 DEFINITIONS - L. Large Retail Establishment. Same as Retail Establishment, Large. 6.2.18 DEFINITIONS - R. Retail Establishment. Large. A retail establishment (General Merchandise Sales), a retail grocery establishment (Food and Beverage Sales), or an establishment with a combination of both uses, comprised of more than one hundred thousand (100,000) square feet of floor area which includes gross floor area, outdoor storage areas, and any outside area which provides associated services to the public, such as, but not limited to, outdoor merchandise display, snack bars, etc. The floor area does not include motor vehicle parking or loading areas. For the purposes of determining the applicability of the 100,000 square foot of floor area maximum, the aggregate square footage of all adjacent stores which share checkstands, management, a controlling ownership interest, and storage areas, shall be considered one establishment, e.g., a plant nursery associated with a general merchandise store such as a home improvement store. 6.2.19 DEFINITIONS - S. Shopping Center. A mixed use development composed of an integrated group of establishments (stores), planned, constructed, and managed as a unit, utilizing common or shared facilities, such as buildings, parking, and vehicular and pedestrian access, where at least fifty (50) percent of the use is retail. The individual establishments may be owned by a single entity or by separate entities. SECTION 2. The regulations adopted herein shall apply to all pending and future applications for building permits notwithstanding LUC Section 5.3.8.2 except for any application for a building permit in conformance with a development plan that has been approved after October 28, 1994, or shall in the future be approved by the Mayor and Council as a special requirement in conjunction with a rezoning or specific plan process or is approved, by the Mayor and Council as a deviation in a previously approved development plan that was required by Mayor and Council in conjunction with a rezoning or a specific plan. The Mayor and Council may consider the regulations adopted herein in determining whether to approve a change of condition which would otherwise be subject to these regulations. SECTION 3. A report on the impact and effect of this ordinance shall be provided one year after the effective date. SECTION 4. The various City officers, and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 5. If any provision of this ordinance, or the application to any person or circumstance is invalid, the invalidity shall not affect other provision or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 6. This ordinance becomes effective thirty (30) days after the date the ordinance is adopted by the Mayor and Council and is available from the City Clerk. PASSED, ADOPTED, AND APPROVED by the Mayor and Council of the City of Tucson, Arizona, SEP 27, 1999 THIS ORDINANCE BECOMES EFFECTIVE ON: 3/10/02 ADOPTED BY THE MAYOR AND COUNCIL ON: JAN 29 2002 [Ordinance No. 9666 was amended at the Mayor and Council meeting of 1/28/02. This is the amended ordinance that was adopted.] ORDINANCE NO. 9666 RELATING TO PLANNING AND ZONING; AMENDING PORTIONS OF THE TUCSON CODE CONCERNING LARGE RETAIL ESTABLISHMENTS, CHAPTER 23, LAND USE CODE; ARTICLE III, DEVELOPMENT REGULATIONS, DIVISION 5, PERFORMANCE CRITERIA, SECTION 3.5.9.7, LARGE RETAIL ESTABLISHMENT DESIGN CRITERIA; AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF TUCSON, ARIZONA, AS FOLLOWS: SECTION 1. The Tucson Code, Chapter 23, Land Use Code, Article 111, Development Regulations, Division 5, Performance Criteria, Section 3.5.9.7 is hereby amended to read as follows: 3.5.9 RETAIL TRADE USE GROUP. 3.5.9.7 Large Retail Establishment Design Criteria. B. Site Design and Relationship to Surrounding Community. 8. Traffic Impacts. The applicant shall have a professional entity perform a Traffic Impact Analysis (TIA) report for the development using the Institute of Transportation Engineers' Trip Generation publication as the standard for trip generation calculation, as well as a parking generation report proposing the number of motor vehicle parking spaces required for the project, if different from shopping center calculations. The scope and criteria for the TIA report shall be approved by the Department of Transportation, prior to submittal of the TIA report. The parking generation report shall be accepted by the Department of Transportation and the Planning Department, prior to the first public hearing. The TIA report shall identify traffic flow impacts on the public streets; recommend mitigation measures to address those conditions that fall below the standards established by the adopted regional Mobility Management Plan; and show how the applicant will provide the recommended improvements. The Mayor and Council may approve a parking requirement that supersedes the number required by Article III, Division 3, Motor Vehicle and Bicycle Parking Requirements, as part of their review process. The TIA and parking generation reports are applicable to a specific application. Any change to the specific proposed use of the site and buildings requires resubmittal, review, and approval of a revised TIA report and revised parking generation report. SECTION 2. The various City officers, and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Ordinance. SECTION 3. This Ordinance becomes effective thirty (30) days after the date the Ordinance is adopted by the Mayor and Council and is available from the City Clerk. SECTION 4. If any provision of this Ordinance, or the application to any person or circumstance is invalid, the invalidity shall not affect other provision or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. PASSED, ADOPTED, AND APPROVED by the Mayor and Council of the City of Tucson, Arizona, JAN 28 2002