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Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: January 17, 2018 Case #/Title: Z2017082 – Zayo Lakeside Park II Supervisor District: 5 Applicant/Owner: Hoch Associates / Brenda and Jamie St. Vincent Request: Special Use Permit (SUP) in the Rural-43 zoning district to allow a fiber optics equipment building Site Location: Located east of SR-85, about 1 mile south of Patterson Road alignment in the Buckeye area Site Size: Approximately 1.6 acres County Island Status: N/A Additional Comments: All concerns from reviewing County agencies are addressed with recommended conditions. Commission Recommendation: On 12/14/17, the Commission voted 6-0 to recommend approval of Z2017082 subject to conditions ‘a’ – ‘i’: Provided the following conditions are met: a. Development of the site shall comply with the Site Plan entitled “Overall Site Plan“, consisting of 3 full-size sheets, dated December 1, 2017 and stamped received December 1, 2017, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Zayo Lakeside Park II AZ Special Use Permit”, consisting of 3 pages, dated September 20, 2017, and stamped received November 3, 2017, except as modified by the following conditions. c. The applicant/property owner shall submit a ‘will serve’ letter 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. d. This Special Use Permit shall expire 20 years from the date of approval by the Board of Supervisors for a period of 90 or more consecutive days, or upon termination of the use, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. January 17, 2018 Z2017082 Page 1 of 2 e. The applicant/owner shall submit a written report outlining the status of the development at the end of 5 years from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved conditions. f. The following Engineering condition shall apply: 1. At the time of submitting for a building permit, the grading and drainage plans must provide grading that drains the entire developed portion of the site into the proposed retention basin. g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. h. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. i. 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, and at the time of expiration of the Special Use Permit, 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, or the expiration of the Special Use Permit, 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 or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. Presented by: Farhad Tavassoli, AICP, CFM, Planner Reviewed by: Darren Gerard, AICP, Deputy Director Attachment: 12/14/17 P&Z Packet (18 pages) Note: 12/14/17 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. January 17, 2018 Z2017082 Page 2 of 2 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2017082 – Zayo Lakeside Park II Meeting Date: December 14, 2017 Agenda Item: 4 Supervisor District: 5 Applicant: Hoch Associates Owner: Brenda and Jamie St. Vincent Request: Special Use Permit (SUP) in the Rural-43 zoning district to allow a fiber optics equipment building Site Location: Located east of SR-85, about 1 mile south of Patterson Road alignment in the Buckeye area Site Size: Approximately 1.6 acres Density: N/A County Island: No County Plan: Rural Development Area (0-1 d.u./ac) Municipal Plan: City of Buckeye - Medium Density Residential (3.01-6 du/ac) Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions Agenda Item: 4 – Z2017082 Page 1 of 6 Project Summary: 1. Hoch Associates is the representing agent for Zayo Group in this request for a Special Use Permit (SUP) to locate a new 420-square foot unoccupied pre‐cast concrete telecommunications equipment enclosure near Buckeye. Zayo proposes to erect a new building that will act as an infrastructure component on their fiber route that services Arizona. This building will house electrical telecommunications equipment giving fiber optic lines signal regeneration. The building is a pre‐manufactured unit 36’‐0”L X 11’‐8”W X 12’‐1”H. 2. There will be no antennas, towers, or dishes at the site for this building. However, staff considers this building a wireless communication facility requiring an SUP, since the property is zoned Rural-43 and there is no principal use on the site. 3. The site is accessible via a private drive from the SR-85 frontage road. The proposed building setbacks are 45’-4” at the front, 137’-3” at the rear, 220’-5” from the north side, and 69’-3” from the south side. The building is a precast concrete building with scored panels, resembling limestone that is set on and anchored to pre‐cast trench footings at the required frost depth. The building is manufactured and assembled off site and shipped to the new location. 4. Facility will be an unoccupied, “lights out”, facility that is not open to the public and is locked at all times. Access is only permitted by trained and authorized service personnel. Site, building, and generator will be enclosed with a 6’‐0” chain link security fence with 1’ of 3‐strand barbed wire. Total height will be 7‐0”. The extent of the fence enclosure and gate locations are shown on site plans. 5. No emissions or noise will be generated from normal operation of the building. Visits to the site will be infrequent depending on the need to adjust the equipment. There will be no water and sewer required or provided. This is an unmanned facility with no plumbing or waste generation. Existing On-Site and Adjacent Zoning / Land Use: 6. On-site: Rural-43 / Vacant North: Rural-43 / Vacant South: Rural-43 / Vacant East: Rural 43 / Workshop West: State Route 85 Agenda Item: 4 – Z2017082 Page 2 of 6 Zoning Map Aerial-photo Agenda Item: 4 – Z2017082 Page 3 of 6 Utilities and Services: 7. Water: None Wastewater: None School District: Buckeye Elementary School District Fire: Buckeye Valley Fire District Police: Maricopa County Sheriff’s Office Right-of-Way: 8. The property is not adjacent to an existing MCDOT right-of-way, but is adjacent to State Route 85. ADOT informed staff that they have no objections to the SUP request. Adopted Plans: 9. Old U.S. Highway 80 Plan: The subject area is designated for Rural Residential (0-1 d.u./ac.). 10. City of Buckeye: The subject area is designated for Medium Density Residential (3.01-6 du/ac.). The City provided no comment for this Special Use Permit request. Public Participation Summary: 10. The applicant complied with the Maricopa County Citizen Review Process with the required posting of the property and notification by first class mail to adjacent property owners within 300’ of the subject parcel and interested parties. Neither the applicant nor staff has received any calls or letters of opposition as of the writing of this staff report. Outstanding Concerns from Reviewing Agencies: 11. N/A. Staff Analysis 12. The proposed facility will have little to no visual, physical, environmental, or traffic impact on the site and surrounding area. Most of the surrounding properties are vacant Rural-43 properties. The property to the east is a workshop owned by the same owner as the subject property. As of the date of this report, staff has not received opposition from the public. Recommendation: 13. For the reasons outlined in this staff report, staff recommends the Commission motion for approval with conditions ‘a’ – ‘i’, of Z2017082. a. Development of the site shall comply with the Site Plan entitled “Overall Site Plan“, consisting of 3 full-size sheets, dated December 1, 2017 and stamped received December 1, 2017, except as modified by the following conditions. Agenda Item: 4 – Z2017082 Page 4 of 6 b. Development of the site shall be in conformance with the Narrative Report entitled “Zayo Lakeside Park II AZ Special Use Permit”, consisting of 3 pages, dated September 20, 2017, and stamped received November 3, 2017, except as modified by the following conditions. c. The applicant/property owner shall submit a ‘will serve’ letter 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. d. This Special Use Permit shall expire 20 years from the date of approval by the Board of Supervisors for a period of 90 or more consecutive days, or upon termination of the use, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. e. The applicant/owner shall submit a written report outlining the status of the development at the end of 5 years from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved conditions. f. The following Engineering condition shall apply: 1. At the time of submitting for a building permit, the grading and drainage plans must provide grading that drains the entire developed portion of the site into the proposed retention basin. g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. h. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. i. 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, and at the time of expiration of the Special Use Permit, 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, or the expiration of the Special Use Permit, 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 or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. Agenda Item: 4 – Z2017082 Page 5 of 6 Presented by: Farhad Tavassoli, AICP, CFM, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Vicinity Map (1 page) Site Plan/Land Use Plan (reduced 8.5”x11”, 3 pages) Narrative Report (3 pages) MCESD comments (1 page) Engineering comments (2 pages) Email from ADOT (1 page) Agenda Item: 4 – Z2017082 Page 6 of 6 ONE MARICOPA COUNTY STOP SHOP Application Name: ZAYO LAKESIDE PARK ll Legal Description TO3S ROMA/ 011, Applicant Applicant Phone/Email 317.964.0617 STEVE ROY STEVER51-10C HAS SO C IATE S.00 Z2017082 Case Address Parcel Primary: 401-65-026 30010 S HIGHWAY 85 BUCKEYE AZ 85326 Generated November 28, 2017 14:49 PM Gross Acres: 1.57 approx. Map scale 1:818 Aerials Sep-Nov 2014 Supervisor District No.5 SUP REQUEST FORA NEW BUILDING FUNCTIONING AS INFRASTRUCTURE COMPONENT OF FIBRE ROUTE. W+E Marioopa County Planning & Development -Phoenix, AZ ONE MARICOPA COUNTY STOP SHOP Application Name: ZAY0 LAKESIDE PARK ll Legal Description TO3S RO4W 011, Applicant Applicant Phone/Email 317.964 0617 STEVE ROY STEVERnHOCHASSDCIATES .COM Z2017082 Case Address Parcel Primary: 401-65-026 30010 S HIGHWAY 85 BUCKEYE AZ 85326 Map scale 1:63,360 Generated November 28, 2017 14:50 PM Gross Acres: 1.57 approx. Aerials Sep-Nov 2014 Supervisor District No.5 SUP REQUEST FOR A NEW BUILDING FUNCTIONING AS INFRASTRUCTURE COMPONENT OF FIBRE ROUTE. WE Maricopa County Planning & Development - Phoenix, AZ AEWS97. SPEGV,J55 504115 F01,407,VVED TELEG51454.7105 SITE LAYOUT GENERAL NOTES: CASE: Z2017082 irn4,111351.1LnING. ... VLVI5E1011,. AU TO 75L rfeC-7 OP 475.1CPETC._ WING CP FACI: 01, 1,35,4[55.75,114.1.75E5. 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TCRCOPAPHIG 3145,1143,10054- .4TA 1.1410 LET AREA 573A8 FT REFUSE 1.14 7 , D 51.115VEY.11.- -MP. E0-6.2c17. rrmy,EAr,,,,usiu,a, 'TIE C-0574,335 7-0 PEVIEV.r.54,V5.31,152 Fort '4 .3Y. IndiandpOliS .31,VEY.PRID5705147155,41133E011.455-COM,Ble4315. Ir 4 75E RE55449151L., V5 1-IE CON1r0,437-0 LAY VIA)H VERIFY ALL 5414, 41FOR4,105 5,5E144, VEVIC. 4, 0i, L5,5141 05 ThE ARCI-5,71,1,7, k 50.441 LEI COVERAGE 25) V551-11-5E,Ht VINO 5,1401. 151,55C-F-ES13. 112 TAEFT, ,A10. 515L4-_YAN:45,41.1. .,515.Z115F,.510 ,Sa PARKINS PARKING SPACES RSGULATIETS Ill SPACE rJUNE RECYJIREB IN 2,42.173, PoL3-44,16,1 ,.. ,,,,,,coREL-Nynon: OFIE.A. ly..1YrY,EcuyLu.c.x.ra. x.....lo..11-1.7,, ,...,5,10Ccurnerr, SCREENING 17,45 B. -.C.111711-15, 5.7.4, 0,5F4,5,1[5.1414-1GC,ELMICAL.C141,53.1. SEE 5477E,511C.4. ,24,t5r SY CiAEC0,4,517 4,11, 23, F.D5 UMW 117444717, I. conn,n ,2,15-1,5 K ALE44-,ER. V., 3,52.5 713,, , ALL IrEV-5, GE1-1E5.4 CO.1,,, I.5,,S.S43,...3.5.14.165E 51.1,ALCAL51055NECE,..,r , rtoraYy.VME. . 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OM YOP7S WOO. 0,12,1, 11.41.1eLF FOR ,J.17 riLE ru,r,rneprm-el: _Ur CHFOFEP C102 —7— Narrative Report for: Z2017082 Zayo Lakeside Park II AZ Special Use Permit PROJECT LOCATION LAT. 35°10241' LONS: 112°5E, 151" PROJECT LOCATION SCALE: NONE Issued 08/14/17 (REVISED 9/20/2017) HOCH August 10, 2017 (REVISED 9/20/2017) Maricopa County Planning & Development 501 North 44th. St. Ste. 200 Phoenix, AZ 85008 (602) 506-3301 Re: Narrative Report For Zayo Special Use Permit Application CASE 22017082. APN: 401-65-026 To Whom It May Concern: PURPOSE OF REQUEST Hoch Associates is the architect and representing agent for Zayo Group in this submission for Planning/Zoning and Building Permit located in Buckeye, AZ for a new 420 SF unoccupied pre-cast concrete telecommunications equipment enclosure. DESCRIPTION OF PROPOSAL Zayo proposes to erect a new building that will act as an infra structure component on their fiber route that services the Arizona community. This building will house electrical telecommunications equipment giving fiber optic lines signal regeneration. The building is a 420 SF pre-manufactured unit 36'-0"LX 11'-8"W X 12'-1"H. The building is a precast concrete bldg. with scored panels, resembling limestone that is set on and anchored to pre-cast trench footings at the required frost depth. The building is manufactured and assembled off site and shipped to the new location for erection, There will be no antennas, towers, or dishes at the site for this building. Facility will be an unoccupied, "lights out", facility that is not open to the public and locked at all times. Access is only permitted by trained and authorized service personnel. Site, building, and generator will be enclosed with a 6'-0" chain link security fence with 1' of 3-strand barbed wire. Total height will be 7-0". Extents of the fence enclosure and gate locations are shown on Site plans. Parcel 401-65-026 is 1.55 acres. Zayo's lease area is approximately 0,39 acres. RELATIONSHIP TO SURROUNDING PROPERTIES Most of the surrounding properties are undeveloped/vacant zoned RU-43. The property to the east is a workshop zoned RU-43 that is owned by the same family as the parcel our project sits on. The property to the west is ADOT R.O.W. for old Highway 85 —2 lanes and new Highway 85-4 lanes, LOCATION AND ACCESSIBILITY Our site is located on Parcel 401-65-026. Site access is via old Highway 85 and a 40' access/utility easement along the south property line of the parcel. architects engineers . interiors 531 Virginia Ave Ste 1001 indianapolis,11\146203 (P) 260.424,7200 (TF) 866.546.4624 I hachassoc.com studioFW studiolndy Powerful Ideas. CIRCULATION SYSTEM This does not apply to our project. DEVELOPMENT SCHEDULE (Phasing) Site construction will be completed in a single phase in 3 weeks. COMMUNITY FACILITIES AND SERVICES This site in an unmanned facility with an estimated 1 visit per month +/ - for maintenance and system operation. PUBLIC UTILITIES AND SERVICES The site will require commercial power. Zayo is a fiber company so there will be fiber coming to the site underground. There will be no water or sewer utility required or provided. No waste or trash will be accumulated as a result of the proposed development. This is an unmanned facility with no plumbing or waste generation. ACCESS/TRAFFIC IMPACTS There will be minimal visits to the site. The visits will be infrequent depending on the need to adjust equipment. There will be an estimated 1 visit per month+/- to this site for maintenance and system operation. This will not impact the existing traffic patterns of this area. OUTSIDE NIGHTTIME ENVIRONMENT The outside lighting proposed on the site is (2) wall mounted units near the two doors of the building. The wall packs are photocell units, downward directed, with a motion detector and a 18W LED bulb. ENVIRONMENTAL PERFORMANCE STANDARDS No emissions or noise generation will be created from the normal operation of this building. A permanent emergency generator will be located at this site and will only operate at times of commercial utility power loss or equipment regular maintenance, SUMMARY This project typically has been classified as an utility use and as designed meets all local ordinances and regulations for this use, There are no wireless transmission devices of any kind including towers, antennas, or dishes. Fiber and electric service to the building arrives underground. This proposed development bestows little to no visual, physical, environmental, or traffic impact on the site and surrounding area. Please let us know if you should need anything additional in this matter. Brian Hobbs, Executive Director Hoch —Telecommunications and Mission Critical Maricopa County Environmental Services Department Water and Waste Management Subdivision, Planning Program Infrastructure & DATE: August 24, 2017 1001 N. Central Avenue #150 Phoenix, Phone: (602) Arizona 506-0376 85004 TO: Farhad Tavassoli, Planning 84. Development Dept. Fax: (602) 506-5813 Planner TDD 602 506 6704 FROM: Souren Naradikian, P.E. Senior Civil Engineer SUBJECT: Zayo fiber-optic and electric service; 72017082 The Maricopa County Environmental Services Department (MCESD) has reviewed documents received from the Maricopa County Planning and Development Department for the above referenced project. This project is a request for SUP to install a new concrete infrastructure located at APN # 401-65-026 fiber-optic and electric service facilities do not require potable water or sanitary sewer services. Stormwater - The site is not located in the Urbanized Unincorporated Area, and therefore, not regulated by the Maricopa County Stormwater Quality Program. Based on the above, MCESD raised no objection to this project to the Planning 84. Development Department in Accela Automation on August 24, 2017 and the project may proceed at this time subject to the following stipulations: Stipulations: None It should be noted that this document does not approve the referenced project. Comments are provided only as advisory to Maricopa County Planning and Development Department to assist staff to prepare a staff report. Other Maricopa County agencies may have additional requirements. Final review and approval will be made through Planning and Development Department procedures. Applicant may need to submit separate applications to the Maricopa County Environmental Services Department for approval of proposed facilities regulated by the Department. Review of any such application will be based on regulations in force at the time of application. Maricopa County Planning & Development Department Engineering Plan Review Date: November 27, 2017 Anthony J. Regis, PE, CFIV1 Planning &Development 501 North 44th Street, Suite 200 Memo To: Darren Gerard, _MCP, Deputy Director, Department of Planning & Phoenix, Arizona 85008 Development Phone: (602) 506-8790 Fax: (602) 506-3282 www.maricopa.goviplann Email address: ing Attn: Farhad Tavassoli, Planner, Planning & Development Services TonyReti is@mall.rnaricorm.ciov From: Tony Regis, P.E., CFM, Plans Examiner Engineer (Drainage), Planning & Development cc: Michael Norris, P.E., Drainage Engineering Manager, Planning & Development Subject: Z2017082 — Zayo Lakeside Park IT (D3 Memo) Job Site Address: E of SR 85, 5030' S of Patterson Rd alignment APN(s): 401-65-026 Engineering Review has reviewed the plans and report submittal date stamped November 3, 2017 for the subject application. Engineering Review has no objections to this application provided any approval includes the following stipulation: 1. At the time of submitting for a building permit, the grading and drainage plans must provide grading that drains the entire developed portion of the site into the proposed retention basin. Any approval of this case should include the following standard stipulations: 1. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 2. Engineering review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and Drainage Policies and Standards; Floodplain Regulations for Maricopa County; and the MCDOT Roadway Design Manual. 3. Detailed Grading and Drainage Plans showing the new site improvements must be submitted for the acquisition of building permits. Please contact me if you have any questions or require clarification of these comments. Farhad Tavassoli - PLANDEVX From: Michael Wilson <MWilson@azdot.gov > Sent: Monday, November 27, 2017 12:54 PM To: Farhad Tavassoli - PLANDEVX Cc: Vanessa Nunez; Michael Wilson Subject: RED LETTER response; Special Use Permit App/APN 401-65-026 / Fiber Optics-Electrical telecommunications equipment building Attachments: Scanned from Right of Way Project Management Copier.pdf Farhad I've reviewed the attached proposal and find no concerns to the usage negatively impacting ADOT's SR85 roadway system. The proposal is for a utility facility that will be secured and have limited non-public access. Officially ADOT's position is one of neutrality neither supporting or opposing the proposal as submitted. Thank you for the opportunity to review and respond to this proposal. Mike Michael (Mike) Wilson, SR/WA Contract ADOT ROW Project Coordinator Contract LPA (Local Public Agency) R/W Coord. 205 S. 17th Ave. MD: 612E Phoenix, AZ 85007 Ph# 602-712-7175 WWW.AZDOT.GOV Confidentiality and Nondisclosure Notice: This email transmission and any attachments are intended for use by the person(s)/entity(ies) named above and may contain confidential/privileged information. Any unauthorized use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, please contact the sender by email, and delete or destroy all copies plus attachments. 1