Planning Commission Staff Report

PLANNING COMMISSION REPORT
CASE:
GPA24-01 & ZON24-01 M R TANNER MINING LOCATED
EAST OF THE SOUTHEAST CORNER OF GLENDALE
AVENUE AND EL MIRAGE ROAD
CASE #:
GPA24-01, ZON24-01
MEETING DATE:
06/27/2024
FROM:
Christina Lavelle, Senior Planner, Planning,
CLavelle@glendaleaz.com, 623-930-2553
SUBJECT
GPA24-01, ZON24-01 - A request by Gilbert Blilie, PLLC, on behalf of Three Rocks,
LLC, to amend the General Plan Designation from POS (Parks and Open Space) and
LDR 2.5 (Low-Density Residential 1-2.5 d/u per acre) to HI (Heavy Industrial) and to
rezone from A-1 (Agricultural), SR-30, and R1-6, to M-2 (Heavy Industrial) with SUP
(Special Use District) to allow for a sand and gravel (aggregate) mining operation on
approximately forty-eight (48) acres located east of the southeast corner of Glendale
Avenue and El Mirage Road, within the Yucca District. 
Presented by: Christina LaVelle, Sr. Planner
REQUEST
The request is for a General Plan Amendment and a Rezone with a SUP (Special Use
District) to allow for a sand and gravel aggregate mining operation over forty-eight (48)
acres.
APPLICANT/OWNER
Paul Gilbert, Mary Grace McNear, Kurt Waldier, Gilbert Blilie, PLCC / City of Glendale
REQUIRED ACTION
The Planning Commission must conduct a public hearing and determine if this request
is in the best long-term interest of this neighborhood and is consistent with the General
Plan. 
SUMMARY
M R Tanner is requesting a General Plan Amendment and Rezone with a Special Use
District, for forty-eight (48) acres to allow mining of inert aggregate materials to support
their existing mining operation which is located to the direct west of the site. Raw
aggregate materials will be provided on-site and transported to Three Rocks LLC for
processing at the existing sorting, washing, and crushing plant. Resource Extraction
and Processing is allowed in the BP (Business Park), M-1 (Light Industrial), and M-2
(Heavy Industrial), zoning districts with a Special Use District.  To allow mining
operations, the site must be rezoned to M-2 with a Special Use District.  The SUP

imposes specific regulations on a defined geographic area to ensure compatibility with
the surrounding uses of a specific geographic area. To provide consistency between
the zoning classification and the City of Glendale Envision 2040 General Plan, the
General Plan Designation of the property must be amended from POS to HI. 
BACKGROUND INFORMATION
General Plan Designation:
The property has a General Plan Designation of POS (Parks and Open-Space).
Property Location and Size:
The property is located east of the southeast corner of Glendale Avenue and El Mirage
Road. The property is situated within the Agua Fria floodplain approximately
one-quarter mile south of Glendale Avenue, one-half mile east of El Mirage Road, and
one-half mile west of the Glendale Municipal Airport. Property to the north of the site is
owned by the City of Glendale and has a zoning classification of A-1 (Agricultural). The
properties to the east and south are within the Maricopa County jurisdiction and are
utilized for existing mining (sand and gravel) operations. The property to the west is
within the Maricopa County jurisdiction and is owned by Three Rocks, LLC for sand
and gravel mining operations. This site will be used as a companion site for the
proposed mining operations for the MR Tanner Mining and Three Rocks mining
operations.  
History: 
On November 28, 2023, the city of Glendale recorded a real property purchase and
sale agreement with MR Mining, Inc. for approximately 48 acres of property. The
parcels included within the sale are 501-55-003B, 501-55-002A, and 501-55-012C and
include an improvement area consisting of parcels 501-55-003B and the northeastern
portion of 501-99-001J.
Project Details: 
MR Tanner (Three Rocks, LLC) intends to use the property for sand and gravel mining
operations and will excavate the resources to be processed at the existing Three
Rocks, LLC site which is directly adjacent to the west.  The two sites will work in
conjunction as one operation with the combined total of acreage at approximately 86
acres in size.  The project improvement area is approximately 850 feet long (east-west)
by 400 feet wide (north-south). Within the improvement area, the applicant will improve
the site, such as back-filling, compacting, and grading the improvement area to bring it
to the same elevation as the adjacent portion of Glendale Avenue, and will construct a 
ten foot tall berm to separate the property from the south side of Glendale Avenue. The
excavated pit will be below grade and is expected to be approximately 65 feet deep
upon completion. The operation will require the use of excavation equipment such as
tracked or wheeled excavators that will move the raw materials to the existing Three
Rocks, LLC site to be processed. The fueling and light maintenance of said vehicles
will be performed on the property through mobile equipment. No blasting or explosives
will be used in this operation at any time. No infrastructure, buildings, or associated
utilities will be constructed on the property. Dust and storm water control will be
mitigated by Maricopa County. 
Typical hours of operation will occur during the day-light hours (7:00 a.m. to 5:00 p.m),
Monday through Friday. If it becomes necessary for the hours of operation to be
extended, past day-light hours, light pollution will be limited to headlights from

excavation equipment. The lighting will be focused downward inside the pit. No
permanent lighting on site is proposed. Access will be provided through the property to
the Three Rocks LLC property that takes direct access off of El Mirage Road which is
controlled by Maricopa County. Direct access from Glendale Avenue is not part of this
project proposal.
Operational Components: 
Three Rocks, LLC will construct a berm for visual screening along the northern
boundary of parcel 510-55-003B and the eastern portion of the northern boundary of
parcel 501-99-001J. The berm will run the length, approximately 850 feet, of the
northern boundary , along the south of Glendale Avenue.  The height of the berm will
measure ten (10) feet above the grade of Glendale Avenue. The mine operation will be
conducted in three phases. The lifespan of the mine will be determined by the
availability and demand of extracted resources. Upon completion or abandonment of
the mine, the site will be back-filled with inert materials and reclaimed. All mine
activities will be regulated by the United States Mine Safety and Health Administration
(MSHA) under the approved Mine Site Identification used by Three Rocks, LLC.
Horizontal limits of excavation will be in conformance with the approved Aggregate
Mined Land Reclamation Plan administered by the Arizona State Mine Inspector
(ASMI). 
CITIZEN PARTICIPATION TO DATE:
Applicant's Citizen Participation Process: 
On April 25, 2024, the applicant mailed notification letters to adjacent property owners
and interested parties for a virtual meeting to be held on May 13, 2024. Prior to the
meeting, a neighbor called the project manager (planner) with questions and concerns
about redesignating the property out of open space. The applicant replied that the site
is not currently zoned for a park nor is it being utilized as a park. Moreover, upon the
retirement of the mining operations, the site will be reclaimed.  The Citizen Participation
Final report is attached.
 
Planning Commission Public Hearing:
A notice of public hearing was published in the Arizona Republic on June 05, 2024, and
notification postcards of the Public Hearing were mailed to adjacent property owners
and interested parties on June 03, 2024.  The property was posted on June 10, 2024.
STAFF FINDINGS AND ANALYSIS
REQUIRED FINDINGS AND STAFF ANALYSIS
Required General Plan Amendment Findings:
Section 35.6.206(G) of the Unified Development Code requires the following General
Plan Amendment Findings: 
The amendment is consistent with the policies and objectives of the rest of the
General Plan;
1.
Staff Analysis: 
Heavy Industrial (HI) Land Use Designation: The General Plan designates HI
as intended to provide for the development and accommodation of intense

industrial activity. These industrial activities involve significant amounts of
noise, heat, mechanical and chemical processing, large amounts of material
transfer, and large scale machinery and structures.
Policy LU-6.2:  The City should promote nonresidential development, such as
business park, and industrial uses, adjacent to existing, future or proposed
aggregate / mineral mining operations. 
The proposed operations are intended to support an existing aggregate
extraction operation which is consistent with the HI land use designation,
meeting the objectives of policy LU-6.2 by promoting development that
supports an existing and future aggregate/mineral mining operation. The
use will utilize heavy machinery to grade, back-fill, and excavate earth
which will produce noise, smells, and dust that are incompatible with less
intense General Plan Designations and zoning classifications. 
  
The proposed amendment furthers the public health, safety, and general welfare
of the citizens of Glendale; and
2.
Staff Analysis:  
Goal LU-1: Development is guided by sound growth management.
Policy LU-1.1 The City shall ensure that sufficient infrastructure is in place
for desired land uses.
Goal LU-1 promotes sound growth management. The growth of the City
requires sufficient infrastructure (Policy LU1.1) for existing and future
development projects.  Aggregate materials are necessary to build roads,
develop erosion control methods, and provide materials for required
landscaping projects. The project proposal supports the goals and policies
of the City by providing the necessary materials to support the continued
development and redevelopment of the City. 
If the amendment is to the Land Use Map, an additional finding must be made
that the proposed change will be compatible with other land uses, existing or
planned, in the vicinity.
3.
Staff Analysis:  
Goal LU-2: There are transition areas between unrelated land uses. 
Policy LU-1.3: The City shall work with adjacent jurisdictions to promote
compatible land use.
Goal LU-6: The City strives for equal protection for residential development
and aggregate mining operations by promoting compatible land uses in
areas of close proximity to existing or planned aggregate and mineral
mining operations.
The location of the proposal is prime and logical for resource extraction and
mining. To the north, south, east, and west of the site, the properties
operate similar and compatible uses with the project site to support the
existing Three Rocks mining operations. The project's site is three quarters
of a mile to the east of El Mirage Road to the nearest residential property.
The distance and road act as a natural transition between unrelated uses
(Goal LU-2, Policy LU-6).  El Mirage Road is controlled by Maricopa County

and is currently utilized by the existing mining operations to the west and
east of the site. In addition, the use is compatible with Luke Air Force Base
Arizona land use compatibility requirements and Arizona Revised Statute
28-8481 (Policy LU-1.3).
 Required Findings for a Rezone:
Section 35.6.207(I) Amendment to the Unified Development Code text and official
Zoning Map of the City of Glendale shall be approved only if: 
1. The amendment is consistent with the policies and objectives of the Glendale
General Plan;
          Staff Analysis: 
The purpose of the M-2 (Heavy Industrial) zoning district is intended to
accommodate intense industries to include those involving significant
amounts of heat, mechanical and chemical processing, large amounts of
material transfer, and large-scale machinery and structures. The rezone of
the property to the M-2 classification is supported by the companion
General Plan Amendment to Heavy Industrial.  The project supports sound
growth management by assisting in the provision of necessary aggregate
materials for construction projects for the City and private property owners
(Goal LU-1).
2. The proposed amendment furthers the public health, safety, and general
welfare of the citizens of Glendale; and
Staff Analysis:
The public health, safety and welfare of the city are supported by this
proposal. The proposed siting of the aggregate mining and extraction
operation is within a heavy industrial area that supports these types of uses.
Moreover, the extraction of aggregate materials supports the ongoing and
future infrastructure needs of the City.
3. If the amendment is to the official Zoning Map, the proposed change will
include any conditions necessary to mitigate any adverse impacts on businesses,
persons, or properties adjacent to the requested amendment.
Staff Analysis: 
No adverse impacts to adjacent properties are anticipated. Along the
northernmost property line, adjacent to Glendale Avenue, a ten-foot-tall
berm will be installed and landscaped to provide screening from the road
for mining operations. Further, all operations will be located within a pit,
below grade, which will mitigate any dust, light pollution, or smells from the
operations. 
Conformance with Special Use Requirements: 
Unified Development Code Section 35.2.902 : Special Use District is intended to
accommodate specific land uses which are necessary in an urban environment, but do
not conform to traditional zoning permitted use classifications. Section 35.2.902, does
not provide findings for a Special Use District. As an alternative, the following  required
findings for the Special Use District are found in Section 6.505 of The City of Glendale
Zoning Ordinance, which states that;

A Special Use Permit shall not be granted unless the following conditions exist: 
A. The use shall be compatible with existing and planned land uses and shall not be
detrimental due to: 
Increased automobile traffic or impact on the circulation system of the
adjacent neighborhood.
a.
Staff Analysis: 
The operations of the Three Rocks, LLC (Tanner Mining) aggregate
excavation and mining operation is not anticipated to generate an
increase of automobile traffic or impact internal circulation within the
site. The City of Glendale and Maricopa County Transportation
Departments have reviewed the project proposal and have
recommended approval.
Excessive noise or light generated from within the site;
b.
Staff Analysis: 
All light is provided by active heavy machinery and no on-site lighting
is proposed. Most of the operations of the excavation business will
occur below grade, which will work to mitigate any potential impacts
of noise generated by the operations. 
Excessive scale or height in relationship to surrounding properties;
c.
Staff Analysis: 
The scale of the operation is consistent with the surrounding uses.
Most operations will occur below grade, within the mining pit. As an
additional mitigation measure, a ten-foot-tall berm, running the length
of Glendale Avenue will screen all operations from the view of the
street.
Hours of operation;
d.
 Staff Analysis: 
Typical hours of operation will occur from 7:00 a.m. to 5:00 p.m,
Monday through Friday. If operations are required to occur outside
daylight hours, operations will occur below grade with the only light
generated from active excavation equipment.
Inadequate parcel size to provide appropriate buffers or mitigation
measures on surrounding properties. 
e.
Staff Analysis: 
The forty-eight (48) acre site is adequate to mitigate any impacts on
adjacent properties. To the north, the site will have a ten-foot-tall
berm, and appropriate landscape buffers along the east side of the
property will act as visual buffers as well as mitigate dust, noise, and
light pollution from the operations. Dust will be controlled through

limiting the speed of vehicles and equipment on and off-site (through
policy and signage) and water control measures. 
Disruption of the development character of the adjacent properties.
f.
Staff Analysis: 
There is no anticipation of any impact on adjacent properties. All
adjacent properties are heavily industrial in nature and support similar
and compatible uses.
RECOMMENDATION
Should the Planning Commission recommend approval of GPA24-01, it should be as
written in the staff report.
Should the Planning Commission recommend approval of ZON24-01, it should be
subject to the stipulations in the staff report.
PROPOSED MOTION
Move to recommend approval of GPA24-01, as written. 
Move to recommend approval of ZON24-01 subject to the following stipulations: 
Development shall be in substantial conformance with the applicant's project
narrative date stamped May 17, 2024.
1.
Development shall be in substantial conformance with the applicant's site plan,
date stamped May 17, 2024. 
2.
The developer shall construct site improvements in conformance with the Real
Property Purchase and Sale Agreement recorded with the Maricopa County
Recorder on December 12, 2023.
3.
A ten-foot-tall (from grade) berm along the northern boundary of parcel
501-55-003B and the eastern portion of the northern boundary of parcel
501-99-001J shall be installed prior to the start of business operations. 
4.
All proposed site improvements shall require Luke Air Force Base Approval and
City of Glendale design and construction plan review prior to installation. 
5.
All proposed road improvements to El Mirage Road require coordination with the
Maricopa County Department of Transportation for review and approval.
6.
Any future proposed access from Glendale Avenue will require City of Glendale
Transportation Department review and approval. As part of this approval, the
road will require design and construction plan approval.
7.
All operations, monitoring, recordkeeping, and reporting will be conducted in
accordance with an approved Maricopa County air permit for dust control.
8.
 All mine activities will be regulated by the United States Mine Safety and Health
Administration (MSHA) under the approved Mine Site Identification used by
Three Rocks LLC. No operations will take place when significant flows occur in
the Aqua Fria River and the vertical and horizontal limits of excavation will be in
conformance with the approved Aggregate Mined Land Reclamation Plan
administered by the Arizona State Mine Inspector and the Floodplain Use Permit
(or equivalent entitlement) issued by the City of Glendale.
9.
Once it is determined that the appropriate unconsolidated sand and gravel
resources have been excavated from the property, the site will be reclaimed back
to its purpose as a primary floodway of the Agua Fria River. The Reclamation
10.

Plan will be approved by the Arizona State Mine Inspector and will include a
suitable financial assurance mechanism to guarantee that planned reclamation
efforts are conducted in the event of default.
Attachments
Project Narrative 
Site Plan 
Citizen Participation Plan Final Report 
Purchase and Sales Agreement 
General Plan Map 
Zoning Map 
Aerial Map 
Presentation