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DEVELOPMENT APPLICATION STAFF REPORT Case Number: PZ23-12-22 Request: Conditional Use Permit / Site Plan Approval Project Name: Pro Petroleum Plant Expansion Applicant/Owner: Gervasio & Assoc, Inc. / Fuel Processing Operators LLC Project Address: 12126 W Olive Avenue, El Mirage AZ 85335 Acres 5.02 Considerations The applicant is requesting the approval of a conditional use permit and site plan approval for a 5.2-acre of undeveloped land located on Olive Ave for a proposed industrial use for a gas and oil refinery use. The approval of the zoning applications will allow the applicant to expand their existing fuel processing operations adjacent to the subject site. A project narrative is included in the application submittal which provides information regarding the project’s background and phasing plan. City Staff provided to the applicant project review comments in a memorandum dated January 22, 2024, the applicant has provided a response letter with concerns regarding the site plan requirement mentioned in the memorandum. A copy of this letter is attached for your review, the assistant engineer provided an email responding to the applicant's concerns. Please see the attached email from the Engineering Division. The applicant will be submitting design exemptions to be reviewed and approved by the engineering staff regarding the site plan and off-site street requirements, and request relief from undergrounding overhead power lines along Olive Ave to be acted upon by the City Council. General Plan Compliance The El Mirage 2020 General Plan identifies the site as being in the Commerce Industry Park Planning Area and follows the plan. Zoning & Land Use The site is located in an Employment/Industry (E/I) zoning area with the proposed industrial use requiring a condition use permit and site plan approval from the City, which includes staff review, a recommendation from the Planning and Zoning Commission, and final action from the City Council. Zoning Code: §154.156.F. ARS 28-8481 Land Use Compatibility The site is located within the Luke Air Force Base Noise Contours Zone and is subject to ARS 28-8481 land use compatibility regulations. Please see the attached review comments from Luke Air Force Base provided when the base reviewed the re-zoning application. City Staff Review City staff has reviewed the application and finds that it meets the zoning code requirements. Stipulations: The applicant shall address and consent to the TAC Review comments mentioned in the January 22, 2024, memorandum. Please see the attached response letter from the applicant regarding review comment concerns. Planning Commission Recommended approval to the City Council with a 5-0 vote at the February 13, 2024, public hearing. City Council At the request of the applicant, this request was removed and tabled at the March 5, 2024, Council meeting. Staff will now present and seek a final action from the City Council at the August 20, 2024, public meeting. Attachments Zoning Application, TAC Review Comments, Response Letters from the Applicant and Engineering staff, Luke Review Comments, and 2/13/2024 Planning and Zoning Commission Hearing minutes. Supportive Documents The following documents are available for review during the City of El Mirage's regular business hours in the Development Services Department Planning and Zoning Division: Drainage Report, ATLA Survey, Sewer Report, Water Report Traffic Impact Report, Hydrology Report, and Phase I Environmental Assessment.