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Page 1 of 4 DEVELOPMENT APPLICATION REQUEST REVIEW June 15, 2021 APPLICANT INFORMATION Case: PZ21-03-10 Owner/Applicant: Destiny Ministries, LLC / Richard Womack Agent: JDO Architecture / Joseph Osborn AIA Request (s): Conditional Use Permit PROPERTY INFORMATION Parcel(s): 501-37-948 & 501-37-949B Address: 12601 W Thunderbird Road Property History: Urban Corridor (UC) Land Area: 8.1 ac. Building Area: Vacant ZONING / LAND USES Existing Zoning/Land Use: Urban Corridor (UC)/ Vacant Proposed Zoning/Land Use: Urban Corridor (UC) / Community Center, Religious Assembly and Commercial Retail. ARS 28-8481 Zone: 65 LDN Flood Zone: N/A SURROUNDING PROPERTY North: Single Family Dwellings East: Single Family Dwellings South: Single Family Dwellings West: Vacant COMMUNITY SERVICES Water: City of El Mirage Sewer: City of El Mirage Electric: APS Police: 2.4 Miles Fire: 0.4 Miles ACCESS Road: Thunderbird Road Class: Major Arterial Improvements: Good Condition: Good SCHOOLS District: Dysart Unified School District Elementary: El Mirage Elementary School High School: Dysart High School Page 2 of 4 STAFF REPORT Compliance with General Plan: The 2020 General Plan designates this area as part of The Neighborhoods Planning Area, where the proposed development of a Community Center, Religious Assembly and Retail and Service Use is compatible with the General Plan. City Zoning/Land Use The proposed development has a variety of land uses, some of them are permitted and other require a conditional use permit approval in the Urban Corridor Zoning District. The retail and services, and religious assembly are permitted while the non- profit community center, kiosk and open-air market require a conditional use permit. ARS 28-8481 Land Use Compatibility The site is located inside the Luke Air Force Base (LAFB) Noise Contour Zone, and inside the Military Airport Territory Area and is subject to review from LAFB for land use compatibility with ARS 28-8481. See attached review letter from LAFB. Considerations The 8.1-acre property is located on the south side of the intersection of Thunderbird Road and 126th Avenue. The property at one time was part of a larger farming operation and was left vacant when the area was subdivided for a housing development. The intent is for the property to be develop for into commercial use. The applicant is requesting the approval of a conditional use permit and site plan zoning application to development the property in a community center, religious assembly, and entertainer venue where outreach programs and special events will be available to the residents of El Mirage. The applicant also is proposing to develop a retail and service use by building a coffee shop and outdoor market. The applicant is requesting a waiver to deviate from the regulations set forth in the El Mirage Thunderbird Road Ov erlay District (TROD) mentioned below. A. All new principal buildings shall be built along the front property line for at least 50% of the ground floor facade. All areas in front of facades shall be paved or landscaped to form a part of the pedestrian corridor. B. On-site parking shall be provided in the side and/or rear of the property. C. Awnings may be built to front property lines or projecting over rights-of-way to provide shade to Page 3 of 4 building facades and adjacent pedestrian walkways. Per Zoning Code §154.081. F. an applicant/property owner may request a wavier to deviate from these regulations via a conditional Use Permit. Staff has no objection to the TROD waiver. The applicant is also requesting a Parking Waiver to allow them to reduce the number of parking spaces required by the Zoning code. Per code 273 parking spaces are required, the applicant is request 231 spaces, a difference of 42 spaces. Staff has no concerns or objections to the parking waiver. The project is proposing three (3) access drives along thunderbird Road, a pending traffic impact report will determine whether a traffic signal light will be required at the 126th Avenue alignment access drive. if one is required the applicant would like to enter into a Development Agreement to defer the traffic signal light to a later time. The applicant has read and given written consent to the following conditional use permit stipulations. A. Additional Container Kiosk will require Building permits and meeting zoning regulations. B. Outdoor events will be conducted within the hours listed below: a. Monday thru Thursday 6 am to 9 pm. b. Friday & Saturday 6 am to 10 pm. c. Sundays 8 am to 9 pm. C. All Mobile Food Trucks Vendors are subject to the Arizona State House Bill 2371 regulations. D. The event organizer(s) shall be responsible to ensure all Mobile Food Truck Vendors obtain and maintain an active State License. E. The event organizer(s) shall report the events to the Maricopa County Environmental Services for food vendor inspections. F. All temporary signage shall be taken down after each event and is prohibited from being displayed during non- operational hours. G. Vendor tents shall be secured to the ground or weighted down to prevent harm to patrons during inclement weather. H. The event organizer(s) shall be responsible to provide its own private security. I. The right to a use and occupancy permit shall be Page 4 of 4 contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. J. All the special conditions shall constitute restrictions running with the land and shall be binding upon the owner of the land, his or her successors or assigns. K. All conditions specifically stated under any conditional use listed in Zoning Code Chapter 154 shall apply and be adhered to by the owner of the land, his or her successors or assigns. L. All the special conditions shall be consented to in writing by the applicant. M. The proposed Open-Air Market and Religious Assembly shall not generate noise, vibrations, and odors that may become a nuisance to the general public. N. No expiration date of the Conditional Use Permit is being proposed by staff; however, failure to meet and maintain these stipulations will result in revoking the Conditional Use Permit. City Staff Review Staff has reviewed the proposed zoning application and has no further comments, but has the following stipulation: Stipulations 1. The applicant shall address all the Technical Advisory Committee (TAC) comments/redlines stated in the May 26, 2021, Memorandum with the construction and civil plan submittal. Planning Commission Staff will be requesting a recommendation from the Planning & Zoning Commission to the City Council at the June 8, 2021 Public Hearing. Council Staff is seeking a final action from Council. Attachments Application Packet, Technical Advisory Committee Review Comments and Luke Review letter. Supportive Documents The following Supportive Documents are available for review at the City of El Mirage Community Development Department – Planning & Zoning Division office during regular business hours. 1. Deed 2. Preliminary Drainage Report 3. Context Map and Photos 4. Preliminary Grading and Drainage Plan