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REPORT OF PLANNING COMMISSION ACTION April 1, 2021 ITEM NO: 11 DISTRICT NO.: 7 SUBJECT: Application #: Z-6-21-7 Location: Southwest corner of 35th Avenue and the Durango Street alignment From: A-1 To: A-1 HGT/WVR Acreage: 0.36 Proposal: Height waiver up to 110 feet for a mill tower at an existing processing facility Applicant: Procter & Gamble Owner: Procter & Gamble Representative: Nick Wood, Esq./Noel Griemsmann, AICP ACTIONS: Staff Recommendation: Approval, subject to stipulations. Village Planning Committee (VPC) Recommendation: Estrella 3/16/2021 Approval, per the staff recommendation. Vote 7-0 Planning Commission Recommendation: Approval, per the Estrella Village Planning Committee recommendation, with an additional stipulation. Motion Discussion: N/A Motion details: Commissioner Mangum made a MOTION to approve Z-6-21-7, per the Estrella Village Planning Committee recommendation, with the additional stipulation as read into the record. Maker: Mangum Second: McCabe Vote:8-0 Absent: Johnson Opposition Present: No Findings: 1. The proposal is consistent with the General Plan Land Use Map designation of Industrial. 2. The proposed expansion of the existing facility, as stipulated, is compatible with the surrounding land uses. Attachment D 3. The proposed new tower is consistent with the scale and character of developments existing in the surrounding area while also promoting increased employment. Stipulations: 1. A maximum building height of 110 feet shall be permitted, exclusive of Section 701.B height provisions in the Zoning Ordinance. 2. A system of clearly defined, accessible pedestrian pathways shall be provided to connect building entrances via the most direct route for pedestrians, as approved by the Planning and Development Department. 3. A portion of this parcel is located in a Special Flood Hazard Area (SFHA) called Zone AE Floodplain, on panels 2195L of the Flood Insurance Rate Map (FIRM) revised September 21, 2020. If the proposed building is attached to an existing building that is not shown to be FEMA compliant, it will be included in the existing building’s floodplain restrictions and requirements, unless it can be detached and placed outside of the FEMA floodplain. Alternatively, the larger building can be shown by the applicant to be FEMA compliant with this building addition. The following requirements are for buildings in special flood hazard areas, as approved by the Planning and Development Department: a. The Architect/Engineer is required to show the special flood hazard area boundary limits on plans and ensure that impacts to the proposed facilities and surrounding properties have been considered, following the National Flood Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3). This includes, but is not limited to provisions in the latest versions of the Floodplain Ordinance of the Phoenix City Code. b. A copy of the Grading and Drainage Plan needs to be submitted to the Floodplain Management section of Public Works Department for review and approval of Floodplain requirements prior to issuance of a Grading Permit. 4. The property owner shall record documents that disclose the existence, and operational characteristics of Phoenix Sky Harbor International Airport (PHX) to future owners or tenants of the property. The form and content of such documents shall be according to the templates and instructions provided which have been reviewed and approved by the City Attorney. 5. The developer shall provide documentation to the City prior to construction permit approval that Form 7460-1 has been filed for the development and that the development received a “No Hazard Determination” from the FAA. If temporary equipment used during construction exceeds the height of the permanent structure a separate Form 7460-1 shall be submitted to the FAA and a “No Hazard Determination” obtained prior to the construction start date. 6. Developer to grant and record an avigation easement to the City of Phoenix Aviation Department for the site, per the content and form prescribed by the City Attorney prior to final site plan approval. 7. In the event archaeological materials are encountered during construction, the developer shall immediately cease all ground-disturbing activities within a 33- foot radius of the discovery, notify the City Archaeologist, and allow time for the Archaeology Office to properly assess the materials. 8. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS FORM. THE WAIVER SHALL BE RECORDED WITH THE MARICOPA COUNTY RECORDER'S OFFICE AND DELIVERED TO THE CITY TO BE INCLUDED IN THE REZONING APPLICATION FILE FOR RECORD. This publication can be made available in alternate format upon request. Please contact Tamra Ingersoll at (602) 534-6648, TTY use 7-1-1.