Vote: approved

Item Text

PZ-2. LOGISTICS CENTER: PHOENIX Case #: MCP2016002 Supervisor District: 4 Applicant/Owners: Burch & Cracchiolo, P.A. / Wolf Family Enterprises Limited Partnership and Maricopa County Flood Control District Request: Military Compatibility Permit (MCP) without precise Plan of Development for a railroad served industrial facility in the Rural-43, AD-1 and AD-2 Military Airport and Ancillary Military Facility Overlay Zoning District Site Location: Generally located south of Peoria Ave., north of Northern Ave., east of Reems Rd. and west of 143rd Ave. in the Glendale area. Commission Recommendation: On 11/3/16, the Commission voted 7-0 to recommend approval of MCP2016002 subject to conditions ‘a’ – ‘r’: Provided the following conditions are met: a. Development of the site shall be in conformance with the Narrative Report entitled, “Logistics Center: Phoenix”, consisting of 31 pages, dated revised September 9, 2016, and stamped received September 9, 2016, except as modified by the following conditions. b. The following industrial land uses shall be allowed within the 65 – 69 LDN pursuant to MCZO: Transportation, Communications, and Utilities 1. Railroad and rapid rail transit 2. Highway ad street right-of-way 3. Motor vehicle parking 4. Communications (noise sensitive) 5. Utilities 6. Other transportation, communications and utilities Commercial/Retail Trade 1. Wholesale Trade 2. Building materials – retail 3. General merchandise – retail 4. Food retail 5. Automotive and marine 6. Apparel and accessories – retail 7. Eating and drinking places 8. Furniture and home furnishings – retail 9. Other retail trade Personal & business services 1. Finance, insurance, real estate 2. Personal services 3. Business services 4. Repair services 5. Contract construction services 6. Indoor recreation services 7. Other services Industrial/Manufacturing 1. Food and kindred products 2. Textile mill products 3. Apparel 4. Lumber and wood products 5. Furniture and fixtures 6. Paper and allied products 7. Printing and publishing 8. Chemicals and allied products 9. Petroleum refining, and related industries 10. Rubber and miscellaneous plastic 11. Stone, clay and glass products 12. Primary metal industries 13. Fabricated metal products 14. Professional, scientific and controlling instruments 15. Miscellaneous manufacturing Public and Quasi-Public Services 1. Government Services 2. Cultural activities, including churches 3. Medical and other health services 4. Cemeteries 5. Nonprofit organizations 6. Correctional facilities 7. Other public and quasi-public services Outdoor Recreation 1. Playgrounds and neighborhood parks 2. Community and regional 3. Nature exhibits 4. Spectator sports, incl. arenas 5. Golf courses and riding stables 6. Water based recreational areas 7. Resort and group camps 8. Auditoriums and concert halls 9. Outdoor amphitheaters and music shells Resource Production, Extraction and Open Space 1. Agriculture (except livestock) 2. Livestock farming and animal breeding 3. Forestry activities 4. Fishing activities and related services 5. Permanent open space 6. Water areas (not incidental to farming) c. The following industrial land uses shall be allowed within the 70 – 74 LDN pursuant to MCZO: Transportation, Communications, and Utilities 1. Railroad and rapid rail transit 2. Highway ad street right-of-way 3. Motor vehicle parking 4. Communications (noise sensitive) 5. Utilities 6. Other transportation, communications and utilities Commercial/Retail Trade 1. Wholesale Trade 2. Building materials – retail 3. General merchandise – retail 4. Food retail 5. Automotive and marine 6. Apparel and accessories – retail 7. Eating and drinking places 8. Furniture and home furnishings – retail 9. Other retail trade Personal & business services 1. Finance, insurance, real estate 2. Personal services 3. Business services 4. Repair services 5. Contract construction services 6. Indoor recreation services 7. Other services Industrial/Manufacturing 1. Food and kindred products 2. Textile mill products 3. Apparel 4. Lumber and wood products 5. Furniture and fixtures 6. Paper and allied products 7. Printing and publishing 8. Chemicals and allied products 9. Petroleum refining, and related industries 10. Rubber and miscellaneous plastic 11. Stone, clay and glass products 12. Primary metal industries 13. Fabricated metal products 14. Professional, scientific and controlling instruments 15. Miscellaneous manufacturing Public and Quasi-Public Services 1. Government Services 2. Cultural activities, including churches 3. Medical and other health services 4. Cemeteries 5. Nonprofit organizations 6. Correctional facilities 7. Other public and quasi-public services Outdoor Recreation 1. Playgrounds and neighborhood parks 2. Community and regional 3. Spectator sports, incl. arenas 4. Golf courses and riding stables 5. Water based recreational areas 6. Resort and group camps 7. Auditoriums and concert halls 8. Outdoor amphitheaters and music shells Resource Production, Extraction and Open Space 1. Agriculture (except livestock) 2. Livestock farming and animal breeding 3. Forestry activities 4. Fishing activities and related services 5. Permanent open space 6. Water areas (not incidental to farming) d. The following industrial land uses shall be allowed within the 75 – 79 LDN pursuant to MCZO: Transportation, Communications, and Utilities 1. Railroad and rapid rail transit 2. Highway ad street right-of-way 3. Motor vehicle parking 4. Communications (noise sensitive) 5. Utilities 6. Other transportation, communications and utilities Commercial/Retail Trade 1. Wholesale Trade 2. Building materials – retail 3. General merchandise – retail 4. Food retail 5. Automotive and marine 6. Apparel and accessories – retail 7. Eating and drinking places 8. Furniture and home furnishings – retail 9. Other retail trade Personal & business services 1. Finance, insurance, real estate 2. Personal services 3. Business services 4. Repair services 5. Contract construction services 6. Indoor recreation services 7. Other services Industrial/Manufacturing 1. Food and kindred products 2. Textile mill products 3. Apparel 4. Lumber and wood products 5. Furniture and fixtures 6. Paper and allied products 7. Printing and publishing 8. Chemicals and allied products 9. Petroleum refining, and related industries 10. Rubber and miscellaneous plastic 11. Stone, clay and glass products 12. Primary metal industries 13. Fabricated metal products 14. Professional, scientific and controlling instruments 15. Miscellaneous manufacturing Public and Quasi-Public Services 1. Government Services 2. Cemeteries 3. Correctional facilities Outdoor Recreation 1. Golf courses and riding stables 2. Water based recreational areas 3. Outdoor amphitheaters and music shells Resource Production, Extraction and Open Space 1. Agriculture (except livestock) 2. Livestock farming and animal breeding 3. Forestry activities 4. Permanent open space e. The following industrial land uses shall be allowed within the 80 – 84 LDN pursuant to MCZO: Transportation, Communications, and Utilities 1. Railroad and rapid rail transit 2. Highway ad street right-of-way 3. Motor vehicle parking 4. Other transportation, communications and utilities Commercial/Retail Trade 1. Wholesale Trade 2. Building materials – retail Personal & business services 1. Repair services Industrial/Manufacturing 1. Food and kindred products 2. Textile mill products 3. Apparel 4. Lumber and wood products 5. Furniture and fixtures 6. Paper and allied products 7. Printing and publishing 8. Chemicals and allied products 9. Petroleum refining, and related industries 10. Rubber and miscellaneous plastic 11. Stone, clay and glass products 12. Primary metal industries 13. Fabricated metal products 14. Miscellaneous manufacturing Public and Quasi-Public Services 1. Correctional facilities Resource Production, Extraction and Open Space 1. Agriculture (except livestock) 2. Livestock farming and animal breeding 3. Forestry activities 4. Permanent open space f. The following industrial land uses shall be allowed within the Accident Potential Zone 1 (APZ 1) pursuant to MCZO: Transportation, Communications, and Utilities 1. Highway ad street right-of-way 2. Motor vehicle parking 3. Communications (noise sensitive) 4. Utilities 5. Other transportation, communications and utilities Outdoor Recreation 1. Playgrounds and neighborhood parks 2. Community and regional 3. Golf courses and riding stables Resource Production, Extraction and Open Space 1. Agriculture (except livestock) 2. Livestock farming and animal breeding 3. Permanent open space g. The following Rural-43 Military Airport and Ancillary Military Facility Overlay zoning District Military Compatibility Permit standards shall apply: 1. Maximum Building height: 100’ developer shall submit FAA form 7460-1 to the FAA Regional Office to establish allowable building heights. 2. Minimum Front Yard Setback: 25’ 3. Minimum Side Yard Setback: 15’ 4. Minimum Street-Side Yard Setback: 25’ 5. Minimum Rear Yard Setback: 15’ 6. Maximum Lot Coverage: 60% of individual parcels 7. Screening: Loading docks and outdoor storage within 100’ of a residential district must be screened by a 6’ CMU wall. 8. Parking: Per MCZO, Chapter 11, Section 1102 9. Lot Area: 35,000 sq. ft. h. The following AD-1 Military Airport and Ancillary Military Facility Overlay Zoning District Military Compatibility Permit standards shall apply: 1. Maximum Building height: Approximately 35’ in the AD-1 area of the site. Developer shall submit FAA form 7460-1 to the FAA Regional Office to establish allowable building heights. 2. Minimum Front Yard Setback: 25’ 3. Minimum Side Yard Setback: 15’ 4. Minimum Street-Side Yard Setback: 25’ 5. Minimum Rear Yard Setback: 15’ 6. Maximum Lot Coverage: 60% of individual parcels 7. Screening: Loading docks and outdoor storage within 100’ of a residential district must be screened by a 6’ CMU wall. 8. Parking: Per MCZO, Chapter 11, Section 1102 9. Lot Area: 35,000 sq. ft. i. The following AD-2 Military Airport and Ancillary Military Facility Overlay Zoning District Military Compatibility Permit standards shall apply: 1. Maximum Building height: Approximately 35’ in the AD-2 area of the site. Developer shall submit FAA form 7460-1 to the FAA Regional Office to establish allowable building heights. 2. Minimum Front Yard Setback: 25’ 3. Minimum Side Yard Setback: 15’ 4. Minimum Street-Side Yard Setback: 25’ 5. Minimum Rear Yard Setback: 15’ 6. Maximum Lot Coverage: 60% of individual parcels 7. Screening: Loading docks and outdoor storage within 100’ of a residential district must be screened by a 6’ CMU wall. 8. Parking: Per MCZO, Chapter 11, Section 1102 9. Lot Area: 35,000 sq. ft. j. No use shall interfere with the flight operations at Luke Air Force Base. k. Luke Air Force Base has included the following restrictions within the subject site: 1. No new ponds or water features. 2. No new building or improvements or expansion of buildings for uses that result in the release of any substance into the air that would impair visibility or otherwise interfere with operating aircraft, such as any of the following: i. Steam, dust and smoke. ii. Direct or indirect reflective light emissions. iii. Electrical emissions that would interfere with aircraft and Air Force communications or navigational aid systems or aircraft navigational equipment. iv. No development that will attract birds or waterfowl such as operations of sanitary landfills or maintenance of feeding stations. v. Explosive facilities or similar activities. vi. The above listed restrictions apply to this proposed development only. If during construction the existing farm ponds need to be relocated to accommodate development and/or to allow ongoing farming and water conservation it will not have a negative impact on Luke AFB flying operations with assurance the new location will not create additional risk to Luke AFB flying operations. l. The following Planning Engineering conditions shall apply: 1. Consent from the Flood Control District of Maricopa County Property Management Division is required for inclusion of Accessor Parcel Number 501-42-009D in this application. 2. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to drainage design, access, roadway alignments and required right-of-way dedications. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 3. A Traffic Impact Study to address traffic impacts, right-of-way dedications and roadway improvements required to support the proposed development must be submitted with the Plan of Development application. 4. The site contains Special Flood Hazard Areas (SFHA) (Floodplain – Zone A west of 143rd Avenue alignment). As development plans progress for this site, provision(s) for compliance with the Maricopa County Floodplain Use Regulations must be addressed. Alternatively, alteration or eliminations of the SFHAs must be approved by the Flood Control District of Maricopa County and FEMA through the CLOMR/LOMR process. 5. Submission of CLOMR application to the Flood Control District must be prior to or concurrent with the application for a precise plan of development to Planning and Development. 6. Approval of the CLOMR by FEMA must be obtained prior to the issuance of any building permits on the site. m. The following Maricopa County Environmental Services Department (MCESD) condition shall apply: 1. Public water and sewer infrastructure improvement plans must be reviewed, approved and Approval to Construct (ATC) issued by MCESD before any construction permit is obtained. n. The property owner shall submit a ‘will serve’ letter from Rural Metro Fire Department for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. o. All buildings subject to noise attenuation as per ARS § 28-8482(B). p. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. q. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Military Compatibility Permit as set forth in the Maricopa County Zoning Ordinance. r. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Military Compatibility Permit. The Military Compatibility Permit enhances the value of the property above its value as of the date the Military Compatibility Permit is granted and reverting to the prior zoning results in the same value of the property as if the Military Compatibility Permit had never been granted. (C-44-17-045-M-00)