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PLANNING AND ZONING Community Development Department 10000 N. El Mirage Road, El Mirage, Arizona 85335 623-876-2996; Fax 623-876-4605; TDD 623-933-3258 www.elmirageaz.gov EMORANDUM TO: Joseph Osborn, JDO Architecture FROM: Jose A. Macias, Planner/GIS Community Development Department, Planning & Zoning RE: PZ201-03-10 El Mirage Community Center & Mercado Development Application TAC Review Comments DATE: May 26, 2021 Mr. Osborn, Please see the comments from El Mirage Technical Advisory Committee (TAC) for the proposed Conditional Use Permit for Community Center and Retail Use. BUILDING & SAFETY 1. All the structures on the site plan shall be fire suppressed. The applicant doesn’t specify the kiosks being fire suppressed, but they will need to be. The kiosks are being designed and used as permanent structures and will need to meet all applicable building and fire code requirements. ECONOMIC DEVELOPMENT 2. Economic Development supports this project for a variety of reasons. 1) The project offers entrepreneurship training and new start up opportunities- This project is looking to partner with community colleges and other non-profits to teach classes that support new start-ups. A Food Truck will be used as a training aid and possible lease during public events. 2) Mercado offers entertainment that can have a regional affect- El Mirage has difficulties attracting customers to the City. Events at the Mercado and the stage will provide much needed entertainment. 3) Mercado and Community Center are a private/public entity that will generate sales taxes. Events will have food and beverage sales. 4) Proximity to Bell Road and abundance of retail within 5 miles reduces large scale big box retail attraction. Safeway, Fry’s and Food City are within a couple of miles. Medical, fitness, apparel, hardware, auto, restaurants and more retail have been exhausted. 5) Mercado will provide open space for residents to interact. The location is within walking distance from many neighborhoods. 6) The Community Center will offer classes for ESL, GED and other self-development programs. 2 ENGINEERING 3. See attached memorandum. EPCOR WATER 4. No comments required from EPCOR. FIRE DEPARTMENT 5. The containers shall be placed on and attached to a permanent foundation, with all utilities (water, electrical, sanitary facilities, etc.), fire suppression and fire alarm systems present. All fire and building codes will be complied with. PLANNING & ZONING 6. Staff has no objections to the Thunderbird Road Overly District Waiver Request. a. 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. (B) On-site parking shall be provided in the side and/or rear of the property. c. (C) Awnings may be built to front property lines or projecting over rights- of-way to provide shade to building facades and adjacent pedestrian walkways. 7. Staff has no objections to the Parking Waiver to reduce the required 266 spaces to 206 spaces provided. 8. Staff has no comments regarding the Phasing of the development. 9. Conditional Use Permit Stipulations The applicant will consent in writing to the stipulations listed below: A. Additional Container Kiosk will require Building permits and meeting zoning regulations. B. Outdoor events will be conducted within 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. 3 I. The right to a use and occupancy permit shall be 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. Site Plan 10. Update the Project Stipulations with the revised stipulations listed above. 11. Additional Container Kiosk will require Building permits and meeting zoning regulations. 12. Landscape Plan: Please provide the quantity of trees and shrubs in Final Landscape Plan for construction permit review. 13. Landscape Plan: All 24-inch box and larger trees shall be a minimum of ten feet in height, four feet in spread and two and a half inches trunk caliper at the ground level. 14. Landscape Plan: All shrubs shall be a minimum of five gallons in size. POLICE DEPARTMENT 15. No comment. PUBLIC WORKS 16. No additional water/wastewater comments at this time. Engineering Community Development Department 10000 N El Mirage Road, El Mirage 85335 623-972-8116; Fax 623-876-4605; TDD 623-933-3258 www.elmirageaz.gov MEMORANDUM TO: Jose Macias, Planner/GIS FROM: Bryce Christo, P.E., Assistant City Engineer SUBJECT: Mercado & Community Worship Center - Development Application Review DATE: 05-25-21 Below are the Engineering Department’s comments for the above referenced submittal provided in May 2021. These items will have to be addressed prior to the Planning and Zoning Meeting. 1. A deed and/or title report shall be submitted. The document must show Mr. Womack as the owner or the actual owner must sign the application. Mr. Womack did not sign the Development Application Form. 2. Provide a Parking Waiver. The Waiver must provide justification as to why the full amount of spaces is not being provided. Please note that per Section 154.105(A)(1) of the City Code, the term “floor area”, for the purposes of calculating off street parking spaces, is based on the exterior dimensions minus 10%. It is possible that less parking spaces are required than shown on the Site Plan. The below items will have to be addressed during the Construction Plan Submittal. Narrative 3. Site Entrances Section – The required separation from a full access driveway is 300 feet, not 225 feet. Site Plan/Civil Plans 4. Show building setbacks for both lots, which are 5 feet for all yards. If the stage is a permanent structure, verify that it meets this setback. 5. Only one driveway is allowed for 225 feet of frontage and only two are allowed for 800 feet. The total project frontage is only 711 feet. Only two total driveways are allowed for this project. If the third driveway is requested, fill out and submit the attached Request for Design Exception Form with your Construction Documents. 6. Full access driveways shall be spaced a minimum of 300 feet from other driveways, measured from nearest face of curb to nearest face of curb. Label the distances between all of the driveways. If less spacing is requested, fill out and submit the attached Request for Design Exception Form with your Construction Documents. 7. Stop signs is recommended at the driveways. 8. The driveways shall be per MAG or City details. 2 9. When parking spaces are adjacent to a sidewalk, the sidewalk shall be 6 feet wide or parking blocks shall be installed. Provide dimensions on the plans. 10. Parking spaces shall be 9’ wide x 18’ long. Provide dimensions on the plans. 11. Although the parking areas are meant to be shared, provide the correct number of ADA spaces per use. The Community/Worship Center shall have a minimum of 3 standard and 1 van accessible space, the Coffee Shop shall have 1 van accessible space and the Mercado shall have 4 standard and 1 van accessible space. These numbers may change slightly based on Comment #2. 12. MAG type curbing is required around all parking lots and driveways. 13. No portion of the parking area shall be located within 3 feet of a property line. Verify the eastern parking lot of the Community/Worship Center meets this setback. 14. The fire access road shall be designed to handle 75,000 lbs. The minimum inside radius of the access road is 19.5 feet and the outside radius is 45 feet. Provide dimensions on the plans. 15. Side slopes adjacent to the public right of way, within a PUE and within a basin with pedestrian access shall be 6:1 or flatter. There shall be at least two feet of level ground between any sidewalk, wall or vertical obstruction and the top of any side slope grading. 16. The retention basin shall be located a minimum of 4 feet away from any structures and shall not be located within any building setbacks, easements or fire lanes. 17. Show the basin overflow elevations. 18. Permeable pavers are proposed for the Mercado site. More information will be required on the product/system to be used during the Construction Document phase. 19. Show the floodplain. A Floodplain Use Permit from the Maricopa County Flood Control District may be required as a portion of the floodplain appears to encroach into the property. 20. The domestic, landscape and fire lines all require their own tap of the main and their own backflow preventer. The domestic and landscape services require their own meter. The meter boxes shall be within the right of way and the backflow preventers shall be on private property. 21. A public hydrant, painted yellow per City Detail EM-360, will be required along Thunderbird Road just west of the easternmost proposed driveway. 22. Plans will need to show length, slope and material of sewer lines. Any manholes will require lids labeled as “Private Sewer” per City Detail EM-423. 23. All water and sewer mains and services within the site, outside of any public easements, will be considered private. Any hydrants within the project site will be private and painted red per City Detail EM-360. All hydrants require markers per MAG Detail 122. 24. The developer is required to perform their own flow test. The City’s Fire Department (623-583-7968) shall be contacted as a witness. Also notify the Public Works Department (623-876-4251) one week prior to the test. 25. Will the Community/Worship Center require sewer service? 26. A backwater valve per City Detail EM-442 shall be provided on service connections to major sewer lines, at manholes where there is potential for the migration of sewer gas into the service line, and at locations where the finish floor is not 12-inches higher than the upstream manhole. Backwater valves shall be located on private property and shall be accessible for maintenance by the property owner. 27. Existing or proposed City manholes adjacent to storm water storage facilities shall be provided a level area a minimum of 12-feet in diameter from the center of the manhole, and a 12-foot, level vehicular maintenance access way to the manhole from a public vehicular easement or right-of-way. The access way shall be structured and surfaced to be 3 capable of support for maintenance vehicles. The manhole shall be watertight and have a watertight manhole lid. 28. All utility crossings shall be labeled on the plans and shall adhere to MAG Detail 404 and City Detail EM-402. 29. A Photometric Plan will be required that addresses the following: a. Any lighting used to illuminate an off-street area shall be arranged so as to deflect light away from any adjoining residential zone or from the public streets. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. The foot candles generated from the proposed site shall be 0.0 at the residential property lines to north, south, west and east of the site. b. Any light or combination of lights which cause light on a public street, other than lights specifically intended for that purpose, shall not exceed one foot candle as measured from the center line of the street. Show the foot candles along the centerline of Thunderbird Road to verify that the proposed lighting will not exceed the maximum limit. 30. Plans shall include applicable City Notes. Call out MAG, City, etc. details to be used. Use the City’s Design & Development Standards Manual (DDSM) as a guide for the final design. 31. Each phase will require review and approval by the City. Phasing Plans 32. The center driveway is shown split between Phase 1 and 2. Will this be an exit only driveway for Phase 1? 33. The west driveway is not shaded for any of the phases. When will this be constructed? 34. If only the Phase 1 portion of the fire access lane is installed during Phase 1, an emergency vehicle turnaround per City Detail EM-114 will be required on the south side of the Community/Worship Center. Preliminary Landscaping Plans 35. No trees shall be placed within 5 feet of any public sidewalk or curb. No trees shall be placed in any utility easement or within 6 feet of any City utility line. 36. Add a note to the plans that the maintenance for all landscaping and irrigation shown on the plans will be the responsibility of the property owner. 37. Fire hydrant clearance shall be 6 feet per City Detail EM-361. 38. Irrigation plans will be required. 39. There are no callouts on Sheet D-1. Many of the materials called out in the Key Notes Section do not match the materials called out in the Legend. 40. The west driveway is not 127th Avenue. What is the 10 foot easement along this driveway for? Drainage Report 41. Page 2 of the Drainage Statement states that the finished floor elevation for all proposed structures shall be set at a minimum of 1 foot higher than the calculated base flood elevation in the adjacent drainage channel. That is correct but keep in mind that FEMA has not determined these elevations so that will be the responsibility of the developer. 42. The finished floor elevations will also be required to be a minimum of 12 inches above the high-water level of any adjacent retention basin. 43. The City requires the use of 2.4 inches for the 100 year storm event. 44. Calculations shall be provided to show that the 8 inch equalizer pipe will allow the three basins to retain the necessary volume without overflowing to the wash. 4 45. A Tributary Area Map will be required to show what portion of the property flows to each basin. 46. The proposed basins will have to account for the Thunderbird Road half street along the project frontage. The drainage from Thunderbird Road will not, however, have to be routed into the site. ALTA Survey 47. An ALTA Survey was not provided. This will be required as part of the Construction Document submittal. Phase I Environmental Site Assessment 48. A Phase I ESA was not provided. This will be required as part of the Construction Document submittal. Preliminary Water & Sewer Reports 49. Water and Sewer Reports will be required during Civil Plan Review. Demand calculations per the City’s Water and Sewer Design Criteria shall be included. Traffic Impact Statement (TIS) 50. Provide trip generation estimates (daily trips, AM/PM peaks) based on the latest version of the ITE Manual. 51. It has been noted that a full Traffic Impact Analysis will be provided at a later date. The TIA shall follow the City’s Traffic Impact Study Criteria. The report should also review the requirements for deceleration lanes and signal warrants. Calculations for lengths of storage lanes and tapers shall be provided. 52. The TIS anticipates a new signal at the easternmost driveway. The project would be fully responsible for the signal and all associated improvements to the intersection (i.e. ramps, median modifications, etc.) 53. A Development Agreement may be required to outline the specifics regarding the traffic signal at 126th Avenue. Miscellaneous 54. A Final Plat or similar instrument will be required prior to Certificate of Occupancy and shall reference the following: a. The westernmost driveway shares access with the parcel to the west (APN 501- 37-947). A Cross Access Easement or Agreement and Temporary Construction Easement between the two owners will be required prior to release of the Engineering Permit. b. If the two subject parcels will remain separate then easements or an Agreement must be in place for cross access, parking, utilities, drainage, etc. c. An 8-foot wide Public Utility Easement will be required along the Thunderbird Road Frontage. d. There appears to be an existing 15-inch sanitary sewer within the property limits. If so, the City will need an easement for this line. e. A portion of the storm drain culvert may be on the property. If so, the City will require an easement for that line as well. 55. A Geotechnical Report will be required to provide on-site pavement sections. Verify the proposed pavement sections can handle 75,000 lbs. 5 56. A Stormwater Pollution Prevention Plan (SWPPP) will be required per the City’s SWPPP Guidelines document. A Notice of Intent (NOI) from ADEQ will be required prior to the City’s construction permit approval. 57. A Haul Permit will be required if 500 cubic yards or more of material will be brought into or out of the site. This will require a separate application, an exhibit showing the haul route and insurance from the company performing the haul. The fee is $300. 58. A Dust Control Permit from the County will be required prior to the City’s construction permit approval. 59. An Approval to Construct (ATC) will be required from MCESD for the water and sewer line extensions. 60. Any cutting of the pavement in Thunderbird Road will require Pavement Cut Fees per the most current Fee Schedule. The above comments are meant to be general in nature and are not considered to be all inclusive. Additional comments will arise during the formal permit submittal.