Extracted text (via pymupdf)
25958 characters
November 6, 2024 MCP2024003 Page 1 of 2 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: November 6, 2024 Case #/Title: MCP2024003 – Shuck Barn / Warehouse Supervisor District: 4 Applicant/Owner: Lance Shuck / Flips Whittmann-Surprise LLC Request: Military Compatibility Permit (MCP) with a Plan of Development (POD) for indoor storage uses in the Rural-43 MAAMF zoning district Site Location: Generally located on the west side of 221st Ave. between Patton Rd. & Bajada Dr. in the Surprise area Site Size: Approximately 4.2 acres County Island Status: N/A Additional Comments: The application requests to allow a small warehouse facility for indoor seed storage in the vicinity of LAFB Auxiliary Airfield #1. After the Commission hearing staff received one letter of opposition from a direct neighbor citing traffic, noise, dust and lighting concerns. There are no outstanding concerns from reviewing agencies. Per Arizona Revised Statutes the proposed land use has been deemed to be compatible and consistent with the high noise or accident potential zone of a military airport or ancillary military facility. Commission Recommendation: On 10/10/24, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve MCP2024003 subject to conditions ‘a’ – ‘f’: a. Development of the site shall be in substantial conformance with the site plan entitled “Site Plan Shuck Industrial”, consisting of 2 full-size sheets, dated August 20, 2024, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the narrative report entitled “Narrative Report”, consisting of 7 pages, stamped received August 23, 2024, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: November 6, 2024 MCP2024003 Page 2 of 2 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. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the drainage infrastructure. 3. Detailed Grading and Drainage (Infrastructure) Plans must be submitted with the application for Building Permits d. All buildings will be subject to noise attenuation as per ARS § 28-8482(B) and Maricopa County requirements. e. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. f. 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, the property may be considered for reversion to the zoning that existed on the date of application per Maricopa County Zoning Ordinance procedures. It is, therefore, stipulated and agreed that revocation 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 of the MCP. The MCP enhances the value of the property above its value as of the date the MCP is granted and reverting to the prior zoning results in the same value of the property as if the MCP had never been granted. Presented by: Andrew Lorentzen, Planner Reviewed by: Darren Gérard, AICP, Planning Manager Attachments: 10/10/24 P&Z Packet (17 pages) Opposition Letter (1 page) Note: 10/10/24 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. MCP2024003 Page 1 of 6 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: MCP2024003 - Shuck Barn/Warehouse Hearing Date: October 10, 2024 Supervisor District: 4 Applicant: Lance Shuck Owner: Flips Whittmann-Surprise LLC Request: Military Compatibility Permit (MCP) with a Plan of Development (POD) for indoor storage uses in the Rural-43 MAAMF zoning district Site Location: Generally located on the west side of 221st Ave between Patton Rd & Bajada Dr. in the Surprise area Site Size: Approximately 4.2 acres Density: N/A County Island: No County Plan: White Tank Grand Ave Area Plan – Military Compatible Municipal Plan: City of Surprise – Employment Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions MCP2024003 Page 2 of 6 Project Summary: 1. The application requests to establish a Military Compatibility Permit (MCP) with a Plan of Development (POD) for indoor storage uses on a Rural-43 Military Airport and Ancillary Military Facility Overlay zoning district (MAAMF) and within the 65 ldn of the Luke Auxiliary Airfield. The request is to allow the use of the currently vacant parcel to construct a 3,200 square-foot warehouse facility for indoor seed storage uses. 2. The approximately 4.2-acre site is located on 221st Ave. adjacent to the northwest of Luke Air Force Base Auxiliary Airfield. The location will be utilized seasonally for grass seed storage from April to June and September to October. When utilized, the facility will accommodate 2-3 employees. The proposed use does not involve retail uses, only storage. 3. The site will be enclosed with a new fence to keep with the neighborhood connectivity. The building will be surrounded by a 6-foot CMU wall, screening any uses within the facility. The site will utilize 3 traditional parking spaces and 1 ADA space for a total of 4 parking spaces. The facility will be built to a height of 16-feet with all lighting being shielded and downward facing to reduce neighborhood impacts. 4. Projects located within this Military Airport and Ancillary Military Facility Overlay zoning district must first have a Use Compatibility and Consistency Determination (UCCD) prior to being able to apply for a Military Compatibility Permit (MCP). Luke Air Force Base (LAFB) determined that this proposed indoor storage use is consistent and compatible with the high noise or accident potential zone of LAFB (UC2023025). Aerial image of subject property MCP2024003 Page 3 of 6 2024 Aerial and surrounding environments Zoning district map, subject site with the MAAMF and within 65 LDN. MCP2024003 Page 4 of 6 Proposed Site Plan Existing On-Site and Adjacent Zoning / Land Use: 5. On-site: Rural-43 Military Airport and Ancillary Military Facility Overlay zoning district / Vacant North: Rural-43 Military Airport and Ancillary Military Facility Overlay zoning district / Residential South: Rural-43 Military Airport and Ancillary Military Facility Overlay zoning district / Vacant East: Rural-43 Military Airport and Ancillary Military Facility Overlay zoning district / Vacant West: Rural-43 Military Airport and Ancillary Military Facility Overlay zoning district / Vacant Utilities and Services: 6. Water: Well Wastewater: Septic Fire: AFMA – Arizona Fire & Medical Authority Police: Maricopa County Sheriff’s Department Right-of-Way: 7. 221st Ave is a local street. It is an unimproved roadway comprised of a 25-foot-wide right-of-way that functions as a local street. 221st Ave. has not been accepted into the Maricopa County roadway development plans. Adopted Plans: 8. White Tank/Grand Avenue Area Plan (Updated: 2023): The county’s plan identifies the subject parcel for Military Compatible land uses. The Military Compatible designation includes areas MCP2024003 Page 5 of 6 located within the state-statute defined High Noise or Accident Potential Zone of Luke Air Force Base and auxiliary airfields. The purpose of this designation is to assure development is consistent and compatible with the high noise and accident potential generated by military airport and ancillary military facility operations that have or may have an adverse effect on public health and safety. 9. City of Suprise General Plan (Revised: July 2024): This plan identifies the subject parcel as Employment Land Use Area. Public Participation Summary: 10. The applicant has completed all required neighbor notification procedures. A letter was sent to all residences within 300’ of the subject parcel. Additionally, the site has been posted in two locations. No responses were reported from the applicant outreach. 11. Staff has had communication with one neighbor throughout the application process, though no public comment has been received. Outstanding Concerns from Reviewing Agencies: 12. N/A Staff Analysis: 13. Staff supports the use as presented. It allows a military compatible use in an area primarily built with existing single-family residences. New residential uses are prohibited within the delineated high noise and accident potential zones. The proposed indoor storage use allows the applicant to utilize their parcel within the noise impact area and ensures future uses will be compatible to the military overlay area. The use is unique in nature that it additionally will not add an adverse impact to the outrounding roadways or the remaining local residents in the area. Recommendation: 14. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve MCP2024003 subject to the following conditions ‘a’ – ‘f’: a. Development of the site shall be in substantial conformance with the site plan entitled “Site Plan Shuck Industrial”, consisting of 2 full-size sheets, dated August 20, 2024, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the narrative report entitled “Narrative Report”, consisting of 7 pages, stamped received August 23, 2024, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 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. MCP2024003 Page 6 of 6 2. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the drainage infrastructure. 3. Detailed Grading and Drainage (Infrastructure) Plans must be submitted with the application for Building Permits. d. All buildings will be subject to noise attenuation as per ARS § 28-8482(B) and Maricopa County requirements. e. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. f. 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, the property may be considered for reversion to the zoning that existed on the date of application per Maricopa County Zoning Ordinance procedures. It is, therefore, stipulated and agreed that revocation 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 of the MCP. The MCP enhances the value of the property above its value as of the date the MCP is granted and reverting to the prior zoning results in the same value of the property as if the MCP had never been granted. Presented by: Andrew Lorentzen, Planner Reviewed by: Rachel Applegate, Planning Supervisor Attachments: Case Map (1 page) Site Plan (2 pages) Narrative Report (4 pages) Planning Engineering comments (2 pages) MCESD comments (1 page) UCCD (1 page) / Maricopa County Planning & Development - Phoenix, AZ 4 Gross Acres: 4 approx. Generated October 2, 2024 9:01 AM MCP2024003 Application Name: Legal Description MCP with plan of development Applicant Case Address 5N 3W 35 LANCE SCHUCK 27390 N 221ST AVE Applicant Phone/Email Parcel Primary:503-34-011S 6026258473 lanceshuck@hotmail.com WITTMANN, AZ 85361 Map scale 1:1,570 Supervisor District No. Schuck Barn / Warehouse MCP2024003 Received 8/23/24 1 | P a g e NARRATIVE REPORT Shuck Barn/Warehouse 221st Avenue & Bajada Parcel #503-34-011S CASE NUMBER: MCP2024003 UC2023025 PA2023159 MCP2024003 Received 8/23/24 2 | P a g e PURPOSE OF REQUEST DESCRIPTION OF PROPOSAL - Arizona Seed Technology, Inc. (AST) is a small family-owned Seed Business that currently is operaƟng out of our home in Surprise, AZ. AST is a wholesale seed company that sells its various turfgrass and pasture grass seeds and accompanying products to wholesale distributors throughout the country. As our seed products are produced in California & Oregon, we are in need of local storage to beƩer serve our customers. A 40’ x 80’ x 16’ warehouse with accompanying outside storage for loading/unloading, overflow and staging will enable us to combine shipments and therefore reduce emissions, fuel usage and truck traffic. The addiƟonal area will also allow us space to implement small blocks of turf variety trials to evaluate varieƟes based on merit for future turf producƟon in California. Products being shipped into the facility are palleƟzed and wrapped for storage and shipment to the distributor. The business is seasonal and has offices offsite. Staff &/or customers on site will NOT be a daily occurrence. Seasonal operaƟon April-June & September-October with minimal intermiƩent acƟvity throughout the year. Hours of operaƟon – Seasonal business that MAY have 1-3 employees come and go between 7 am – 6 pm Monday through Saturday. On-site employees – max 3 The business is not set up as a storefront, so customer pick-ups will be occasional. Deliveries will be seasonal, with the majority being April-June & September-October Building to be constructed of metal with a metal roof and will be of desert colors. It will have a small office and product will be stored in pallet racks & on the floor. The building will be constructed to meet the 2018 InternaƟonal Fire Code with local amendments. LocaƟon of building will be on the North/West side of the property. Signage will be minimal as this is NOT a retail locaƟon. Block fence will be adjacent to the building and enclose any outside storage. 5’ Horse fencing to surround the property with a 6’ block fence surrounding the storage area. Storage yard will be used to store company vehicles and seasonal palleƟzed overstock. 3 | P a g e RELATIONSHIP TO SURROUNDING PROPERTIES – This parcel and surrounding properƟes are located in the Luke AFB Auxiliary Field 1. ResidenƟal properƟes are no longer allowed in this area. Allowing an Agricultural warehouse will benefit the area by showing an alternate use of the land which will bring jobs to the community. LOCATION AND ACCESSIBILITY This property is potenƟally located within ½ mile of the future White Tanks Freeway which makes it well- suited for business and agriculture with ease of access to the freeway. PARKING Parking calculaƟons per Maricopa County Zoning Ordinance SecƟon 1102.16c Warehouse Uses: One space per 900 square feet of floor area. 5% of spaces to be dedicated as ADA- compliant spaces. Warehouse Building = 3200 sq Ō. – Required number of parking spaces = 3200 sq Ō/100 sf = 3.55 rounded up to 4 spaces. Required ADA-compliant spaces = 4 spaces * 5% = 0.20 rounded up to 1 space. The plan provides for 4 Parking spaces with 1 being ADA-compliant. RELATIONSHIP TO STATE STATUTE The proposed business use of the property complies with State Statute 28-8481 under Commercial/Retail Trade, Misc Manufacturing, and Agriculture. The Storage Barn/Warehouse will be built to incorporate the outdoor to indoor noise reducƟon of 35 decibels in all areas that receive the public, office areas, noise-sensiƟve areas, or where the normal noise level is low. CIRCULATION SYSTEM Traffic flow will enter from 221st Ave into the N.E. drive and Exit from the N.E. drive. Roadway use will be for the receiving and delivery of products. The road will be graded and improved as needed. 4 | P a g e SURFACING Asphalt – parking spaces and from the parking spaces to the back of the building. Asphalt Milling w/binder – drive from the right of way to parking spaces. Concrete – will wrap the North side & west side of the building for ease of product loading and unloading. ABC w/biner – Yard LIGHTING MoƟon lights are to be on the front, and switched lights are to be on the sides and back of the building. DEVELOPMENT SCHEDULE Site Grading, Driveway, Parking, and Storage/Warehouse building to be started in 2024/2025. COMMUNITY FACILITIES AND SERVICES Police – Maricopa County Sheriff Fire – AFMA – Arizona Fire & Medical Authority PUBLIC UTILITIES & SERVICES Sewer System – SepƟc - A noƟce of intent to discharge applicaƟon will be submiƩed aŌer MCP approval & the land purchase is complete. Water – Private Well – A ADWR well permit applicaƟon will be submiƩed aŌer MCP approval & the land purchase is complete. Refuse – Contract with a Private Trash removal Company. Power – APS Power Project applicaƟon will be submiƩed aŌer MCP approval & the land purchase is complete. OTHER MCDOT Right of Way reservaƟon acƟon request form to be filed for North side of property to reduce from a 40’ ROW to a 25’ ROW reservaƟon. See aƩached Site Plan Kevin Amoroso, P.E. Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: 602-372-4114 Fax: (602) 506-8762 www.maricopa.gov/planning Email address: Kevin.Amoroso@maricopa.gov Planning & Development Engineering Plan Review Date: July 15, 2024 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Andrew Lorentzen, Planner, Planning & Development Services cc: Bob Fedorka P.E., Engineering Manager, Planning and Development Doug Jones, PE, CFM, Engineering Supervisor, Planning & Development From: Kevin Amoroso, PE, Plans Examiner Engineer, Planning & Development Subject: MCP2024003 APN(s): 503-34-011S Engineering Review has reviewed the first plan and report routed for review on 06/04/2024, for the subject application and has the following comments: DRAINAGE PLAN REVIEW 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. Please contact me if you have any questions or require any additional information. PND TRANSPORTATION PLAN REVIEW R/W INFORMATION 1. The perimeter mid-section line alignment of the proposed development requires the setback line to start from a future half street Right-of-Way of 40-feet per the Maricopa County Zoning Ordinance Section 11-05. 2. Applicant to notify ADOT of proposed project through the Red Letter Process, RedLetter@azdot.gov, due to the proximity to the White Tanks Freeway preferred corridor. Page 2 of 2 DRAINAGE PLAN REVIEW REFERENCES: The Drainage Regulations are listed in Section 1205 of the MCZO: https://www.maricopa.gov/documentcenter/view/272 Maricopa County Drainage Policies and Standards Manual: https://www.maricopa.gov/DocumentCenter/Home/View/2369 For Additional Information See: https://www.maricopa.gov/1635/Drainage-Review FLOOD CONTROL DISTRICT OF MARICOPA COUNTY REFERENCES: Floodplain Regulations for Maricopa County: https://www.maricopa.gov/DocumentCenter/View/630 For Additional Information See: https://www.maricopa.gov/3847/Flood-Control-District PND TRANSPORTATION REFERENCES: Residential Driveway Guidelines https://www.maricopa.gov/documentcenter/view/362 Roadway Design Manual http://www.mcdot.maricopa.gov/DocumentCenter/View/24883 Maricopa County Resolution for ROW Permits https://www.maricopa.gov/documentcenter/view/364 For Additional Information See: https://www.maricopa.gov/156/MCDOT PND STORMWATER QUALITY (SWPPP) REFERENCES: Storm Water Quality Management and Discharge Control Regulation https://www.maricopa.gov/DocumentCenter/View/6577 Air Pollution Control Regulations Rule 310 https://www.maricopa.gov/DocumentCenter/View/5354 For Additional Information See: https://www.maricopa.gov/3980/Water-Sewage-Stormwater-Waste Page | 1 Subdivision Infrastructure & Planning Program 301 W. Jefferson St. Phoenix, AZ 85003 Subdi vi sio n@mari co pa.go v esd.mar i co pa.go v The Maricopa County Environmental Services Department (MCESD) has completed review for the Shuck Bard/Warehouse planning case(s). Please note the following MCESD requirements for site development: Onsite Wastewater – A Notice of Intent to Discharge application for an onsite wastewater treatment (septic) system is required for any construction. Application must be submitted to the MCESD Onsite Wastewater Program. • Wastewater is not permitted to discharge to an adjacent parcel’s septic system. Setback requirements must be maintained per Arizona Administrative Code, Title 18, Chapter 9, Article 312, C (Features Requiring Setbacks). For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506- 6666 or by email at septicquestions@maricopa.gov. Additional Notes – *It should be noted that this document does not approve the referenced project. Comments are provided for the benefit of the applicant for MCESD permit requirements and as an advisory to Maricopa County Planning and Development Department. 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 current regulations at the time of application. Project Name: Shuck Bard/Warehouse Primary Contact Name: Lance Schuck Planning Application Type: Military Compatibility Permit APN(s): 503-34-011S Reviewer: Ryan Hall, P.E. Email: Ryan.Hall@maricopa.gov Phone: 602-918-1241 Planner Name: Andrew Lorentzen Planning Case #: MCP2024003 Date: July 8, 2024 Water and Waste Management Division 1 Andrew Lorentzen (PND) From: CJ Hill <cowboys.hill72@gmail.com> Sent: Wednesday, October 9, 2024 7:43 PM To: Andrew Lorentzen (PND) Subject: Re: MCP2024003 This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Please use caution when you receive messages from new senders. Always validate the sender first. Good evening we have multiple objections to this being built. The light he want to put up are gonna interfere with us at night. The building is going to block our view of the mountains which is why we moved out to Wittmann. The water runs right thru our property to his and I don’t want the water backing up to my property. The traffic is a concern for us. He WILL NOT tap into my well. The property is for agricultural use and his intentions are for a storage unit for seed. A warehouse in big agricultural. Please respond to this email. Thank you On Tuesday, July 2, 2024, Andrew Lorentzen (PND) <Andrew.Lorentzen@maricopa.gov> wrote: Hello CJ, Please provide a written objection to MCP2024003 at your convenience, as stated I will keep you informed with any change in the case status. Andrew Lorentzen Planner PLANNING & DEVELOPMENT 301 W. Jefferson St. Suite 170 Phoenix, AZ 85003 O: 602-506-2364 MARICOPA.GOV CJ Hill - 27410 N. 221st Ave - 503-34-349G Name & address note added by planner.