Vote: approved

Item Text

PZ-10. ALLEN RANCHES Case #: MCP2016005 Supervisor District: 4 Applicant/Owner: HilgartWilson / Allen Ranches LLC Request: Military Compatibility Permit (MCP) without precise Plan of Development for commercial and industrial uses in the Rural-43 Military Airport and Ancillary Military Facility Overlay Zoning District Site Location: Generally located southwest corner of Bethany Home Rd. and Loop 303 in the Glendale area. Commission Recommendation: On 11/3/16, the Commission voted 7-0 to recommend approval of MCP2016005 subject to conditions ‘a’ – ‘j’. Provided the following conditions are met: a. Development of the site shall be in conformance with the Narrative Report entitled, “Allen Ranches”, consisting of 40 pages, dated revised October 3, 2016, and stamped received October 3, 2016, except as modified by the following conditions. b. The following land uses shall be allowed: Transportation, communication and utilities 1. Railroad and rapid rail transit. 2. Highway and street right-of-way. 3. Motor vehicle parking. 4. Communications (noise sensitive). 5. Utilities. 6. Other transportation, communication 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 and business services 1. Finance, insurance and 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. Sone, 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. Other public and quasi-public services. Outdoor Recreation 1. Playgrounds and neighborhood parks. 2. Community and regional. 3. Nature exhibits (within 65 – 69 LDN noise contours). 4. Spectator sports, including arenas. 5. Gold courses and riding stables. 6. Water based recreational areas. 7. Resort and group camps. 8. Auditoriums and concert halls. 9. Outdoor amphitheaters and music halls. 10. Other outdoor recreation. 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. Mining activities. 6. Permanent open space. 7. Water areas (not incidental to farming). Land Uses identified in MCZO 1. Amusement enterprises and outdoor amusement parks, excluding water parks. 2. Antique shops. 3. Arcades. 4. Art Galleries. 5. Art metal and ornamental iron shops. 6. Art needlework, handweaving and tapestries. 7. Auction sales, including swamp meet operations. 8. Automobile sales, service and rental. 9. Automobile laundries, provided steam cleaning is confined to a building. 10. Automobile repair shops and garages, including an outside vehicle storage area to be used for vehicles under repair which shall be completely screened from any street or surrounding property and further provided all repair operations are conducted within a building. 11. New and used, automobile and golf cart sales, and rentals provided all sales, service, and repair activities are conducted within a building. 12. Automobile parts and supplies. 13. Awning and canvas store. 14. Bakery shops, including baking on premises for on-site sales only. 15. Bakeries, wholesale. 16. Banks. 17. Banks, building and loan associations, savings and loan associations, title insurance companies, trust companies, credit unions, finance companies and investment companies. 18. Bars, including retail sales of package goods for off-site consumption, provided that there is no entertainment or music audible offsite. 19. Barber and beauty shops. 20. Blueprint, Photostat and reproduction (copy) services. 21. Boat sales, service and rental. 22. Books, hand binding and tooling. 23. Book, stationery and gift shops except adult oriented facilities as defined under Chapter 2 of the Maricopa County Zoning Ordinance. 24. Bottling plants or breweries. 25. Bowling alleys. 26. Bus depots. 27. Cabinet and carpenter shops. 28. Candy shops, including manufacturing of candy on the premises for on-site sales only. 29. Catering establishments not utilizing any manufacturing process or outside storage of materials or vehicles. 30. Churches and houses of worship, including accessory columbariums provided that the building area of the columbarium shall not exceed 10% of the total building area of the church building(s), provided there are no schools or overnight stays. 31. Cleaning agencies, laundry agencies, pressing establishments and self-service laundries, including self-service dry cleaning machines, provided there is no cleaning of clothes on the premises. 32. Cleaning plants, including carpets and dyeing. 33. Clock and watch repair shops. 34. Clothing and dry good shops, including clothing and costume rental. 35. Commercial storage of mobile homes, manufactured homes, travel trailers, recreation vehicles, boats and aircraft. 36. Compounding of cosmetics and pharmaceutical products. 37. Conservatories or studios: Art, dancing or music. 38. Construction equipment, including sales, service, rental and storage. 39. Craft and hobby shops, with incidental craft or hobby instruction only. 40. Dairy products, processing of. 41. Dance halls and nightclubs, including outdoor amplified music, except adult oriented facilities as defined under Chapter 2. 42. Delicatessen shops. 43. Department stores. 44. Dress shops. 45. Drive-in restaurants and refreshment stands. 46. Drive-in or outdoor theaters. 47. Drugstores and soda fountains. 48. Electrical fixtures and appliance sales, repair and service. 49. Equipment rentals and sales, but not including equipment customarily used for heavy construction. 50. Farm animal (horse, cattle and other farm animal) medical clinics and surgical hospitals. 51. Farms as defined in Chapter 2 of the Maricopa County Zoning Ordinance. 52. Feed stores, inside storage only. 53. Florist shops. 54. Frozen food lockers, including processing but not slaughtering of animals. 55. Funeral homes, mortuaries and chapels. 56. Furniture stores including: new, used, finished or unfinished merchandise. 57. Gardens and community gardens as defined in Chapter 2 of the Maricopa County Zoning Ordinance. 58. Gas (butane or propane), retail sales for individual consumption such as canisters and cylinders used for grilling, camping, and other domestic uses. 59. Gasoline service stations, provided all incidental repair work is conducted wholly within a completely enclosed building and space required for such repair work does not constitute more than 60% of the floor area. 60. Grocery stores and meat markets, provided there is no slaughtering of animals or poultry on the premises. 61. Hardware shops. 62. Health spas and public gyms. 63. Household appliance shops. 64. Ice cream shops, including manufacturing of ice cream on the premises for on-site sales only. 65. Interior decorator shops. 66. Jewelry shops. 67. Jewelry, manufacture from precious metals and minerals. 68. Key, locksmith or gun shops. 69. Laboratories, medical or dental. 70. Laboratories, research, experimental and testing. 71. Laboratories, experimental, photo or motion picture, research or testing. 72. Landscape material sales provided all incidental equipment and supplies, including fertilizer and empty cans, are kept within a completely enclosed building or within an area enclosed on all sides by a solid fence or wall at least six feet in height, and no goods, materials or objects are stacked higher than the fence or wall so erected. 73. Liquor stores. 74. Lumber yards not including industrial milling or planning operations. 75. Manufacture and assembly of clay, leather, metal and glass products of a handicraft nature. 76. Manufacture and assembly of medical, dental and drafting instruments. 77. Manufacture and assembly of optical goods and equipment, watches, clocks and other similar precision instruments. 78. Manufacture and assembly of electrical or electronic apparatus, musical instruments, games and toys. 79. Manufacturing, compounding, assembling, processing, packaging or treatment of products such as candy, drugs, perfumes, pharmaceuticals, perfumed toilet soaps, toiletries, but not including the refining or rendering of fats and oils. 80. Manufacturing, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, leather, paper, plastics, precious or semi- precious metals or stones, light sheet metal, shell, textiles, tobacco, wire, yarns, wood not involving planing mills, and paint not employing a boiling process. 81. Manufacturing or assembly of electrical appliances, electronic instruments and devices, optical goods, precision instruments, radios and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers and crystal holders. 82. Manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay. 83. Medical and clinical laboratories, provided no overnight stays. (Nighttime shiftwork is allowed.) 84. Miniature golf courses and driving ranges. Lakes and ponds are not allowed. 85. Mobile home, travel trailer and recreation vehicle sales and service. 86. Nurseries, flower and plant sales, provided all incidental equipment and supplies including fertilizer and empty cans, are kept within a completely enclosed building or within an area enclosed on all sides by a solid fence or wall at least six feet in height and no goods, materials or objects are stacked higher than the fence or wall so erected. 87. Any business office in which chattels or goods, wares or merchandise are not commercially created, repaired, sold or exchanged. 88. Offices. 89. Any other office, laboratory, manufacturing and assembly uses similar to those uses enumerated herein which do not create any danger to the public health, safety and general welfare in surrounding areas and which do not create any offensive noise, vibration, smoke, dust, odor, heat or glare, and which by reason of high value in relation to size and weight of merchandise received and shipped create very little truck traffic. a. Accessory buildings and uses customarily incidental to the above uses. 90. Outdoor race tracks, provided there is no camping or overnight stays. 91. Paint and wallpaper stores. 92. Packing houses, fruit or vegetable not including processing. 93. Parking lots and public garages, subject to parking standards in Chapter 11, Section 1102, of the Maricopa County Zoning Ordinance. 94. Pet shops, including the treatment or boarding of cats, dogs or other small animals, provided no overnight stays. (Nighttime shiftwork is allowed.) 95. Permanent facilities for rodeos, auctions, swap meets, and sites rented for private parties. Overnight stays are not allowed. Removed Campgrounds from list. 96. Pharmacy, when in conjunction with a medical center consisting of offices occupied by five or more doctors provided that there shall be no outside entrance for business purposes, and that no sign or display be located so as to be visible from a public thoroughfare or adjacent property. 97. Photographer’s and artist’s studios. 98. Plumbing shops. 99. Pool halls or billiard centers. 100. Precision, optical and musical instrument repair shops. 101. Printing, lithography and publishing establishments. 102. Privately owned or operated stations for fire protection, police, or security service, ambulance or other emergency service providers, provided no overnight stays. (Nighttime shiftwork is allowed.) 103. Public facilities such as libraries, museums, parks, playgrounds, community buildings including police stations, post offices and other community service buildings used for non-commercial non-profit purposes, provided no overnight stays. (Nighttime shiftwork is allowed.) 104. Radio and television shops, including repair. 105. Radio and television broadcasting stations and studios, but not including transmitter towers and transmitter stations. 106. Rental services: Household, lawn, garden, sickroom or office equipment. 107. Restaurants and cafes, including patios, cocktail lounges, and outside dining and drinking areas, provided there is no amplified entertainment or music audible off-site. 108. Restaurants and cafes, including drive-through but not including those having dancing or shows, or drive-in car service. The sale of alcoholic beverages for on-site consumption only may be permitted as an accessory use if the kitchen facilities in the restaurant do not exceed 20% of the floor area. Patios, cocktail lounges and outside dining and drinking areas shall be limited to a space serving no more than 50 patrons, and no entertainment or music shall be audible off site. 109. Retail stores. 110. Retail sale of merchandise, services, recreational and otherwise, parking area and other facilities customarily considered as shopping center uses. 111. Secretarial or answering services. 112. Self-storage facilities, provided there are no overnight stays. (Nighttime shiftwork is allowed.) a. Accessory buildings and uses customarily incidental to the above. 113. Shoe repair shops. 114. Stone monument sales. 115. Tailor shops. 116. Taxidermists. 117. Theaters, but not including a drive-in theater and adult oriented facilities as defined under Chapter 2 of the Maricopa County Zoning Ordinance. 118. Temporary construction administrative offices/yard complex – which may include a security office that the following conditions are met: a. The uses are only associated with the developer/owner and subdivision or project in which they are located. b. Upon sale of the development, cessation of the needs for the use (95% buildout), or cessation of the use, all structures, modifications to structures and uses related to the temporary facility shall be removed. c. Those uses of structures allowed shall meet all building code requirements. d. All items stored on site shall only be those required for the construction on site. e. The allowed uses may encroach into setback areas. f. All necessary permits must be issued prior to placement on the site. g. No overnight stays. (Nighttime shiftwork is allowed.) 119. Tinsmith shops. 120. Truck stops, with customary accessory facilities including but not limited to restaurant, convenience retail, truck wash, and minor repair facilities but not including major repair, freight storage, freight handling, warehousing or distribution facilities. 121. Truck terminals, including service and storage, provided no overnight stays. (Nighttime shiftwork is allowed.) 122. Variety or notion stores. 123. Veterinary hospitals, clinics and kennels for dogs, cats and small animals, provided no overnight stays. (Nighttime shiftwork is allowed.) 124. Video rental stores. 125. Warehousing, storage and wholesale distribution facilities. 126. Wholesale ice distributing stations. 127. Wholesale stores. c. No use shall interfere with the flight operations at Luke Air Force Base. d. The following Rural-43 Military Airport and Ancillary Military Facility Overlay zoning District Military Compatibility Permit standards shall apply: 1. Maximum Building height: 60’ except: The height of any building or structure closer than 60’ to residential zoning boundary shall not exceed a height equal to the distance from said building or structure to the zoning boundaries. Streets or alleys may be included in calculating distance. 2. Front Yard: 20’ adjacent to Bethany Home Road, Cotton Lane, and Camelback Road. 15’ adjacent to internal collector streets. 10’ adjacent to internal local streets. 3. Side Yard: None except: 25’ adjacent to residential zoning district. If a side yard is otherwise provided, it shall have a width of not less than 10’. 4. Street-Side Yard Setback: 20’ adjacent to Loop 303, Bethany Home Road, Cotton Lane and Camelback Road. 15’ adjacent to internal collector streets. 10’ adjacent to local streets. 5. Rear Yard: 15’ except; 25’ adjacent to residential zoning district. 6. Lot Coverage: 60% 7. Signage: All applicable regulations shall be per Commercial and/or Industrial Zoning districts (MCZO 1403.1.3). 8. On-site Signage: On-site signage may have a fixed or variable message. All levels of Electronic Message Display (EMD signs are permitted). 9. Freeway Pylon Signs: Compliance with MCZO 1403.2.5, pylon signs to be permitted in two strategic locations adjacent to the Loop 303 freeway irrespective of use. e. The following Planning Engineering conditions shall apply: 1. 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 and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. A Traffic Impact Study to address traffic impacts and roadway improvements required to support the proposed development must be submitted with future Plan of Development application(s). 3. The site contains Special Flood Hazard Areas (SFHA) (Floodplain – Zone AE along the north side of Camelback Road and Zone A along both sides of Cotton Lane). 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. 4. Submission of a CLOMR application to the Flood Control District must be prior to or concurrent with the application(s) for Plan(s) of Development to Planning & Development. 5. Approval of the CLOMR by FEMA must be obtained prior to the issuance of any building permits on the site (on affected parcels). f. The property owner shall submit a ‘will serve’ letter from Rural Metro Fire Department, or other fire department acceptable to Maricopa County 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. g. All buildings subject to noise attenuation as per ARS § 28-8482(B). h. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. i. 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. j. 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 County may take action to revert the zoning 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-44-17-049-M-00)