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October 23, 2023 Z240003 Page 1 of 4 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: October 23, 2023 Case #/Title: Z240003 –Appleby & Southern Pacific RR Industrial Supervisor District: 1 Applicant/Owner: Brennan Ray / TWC Appleby Road LLC Request: Zone change from Rural-43 to IND-2 IUPD Site Location: Generally located north and east of the NEC of Arizona Ave. & Ocotillo Rd. at the SEC of Appleby Road and the Southern Pacific Railroad in the Chandler area Site Size: Approximately 16.6 acres County Island Status: Yes, City of Chandler Additional Comments: There are no outstanding concerns from reviewing agencies. The IUPD overlay will allow flexible design of future industrial uses including aa 50’ max. height. This is consistent with other industrial buildings and modern internal operations for many industrial operations, particularly industrial spec buildings. The IUPD will also establish a min. 10’ setback to the northern and southern property lines. The site is within the City of Chandler’s municipal planning area and is identified for Employment uses in the Chandler General Plan 2016, and as Industrial in Chandler’s Airpark Area Plan. The proposed IND-2 IUPD zoning would facilitate these types of desired uses. The existing railroad to the west of the site appears to be an appropriate buffer between the proposed industrial and existing residential subdivision located to the west across the railroad. Annexation into and development in Chandler is optimal since water and sewer services must be obtained from the City. Comments were not received by the City of Chandler and no other public comments were received. There is no known opposition. October 23, 2023 Z240003 Page 2 of 4 Commission Recommendation: On 9/12/24, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z240003 subject to conditions ‘a’ – ‘k’: a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “SWC of Appleby Rd & SPRR“, consisting of one full-size sheet, dated July 22, 2024, and stamped received July 22, 2024, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the narrative report entitled “TWC Appleby Road, LLC” consisting of four pages, dated August 25, 2023, and stamped received August 28, 2023, except as modified by the following conditions. c. The following IND-2 IUPD standards shall apply: 1. Maximum Building Height: 50 ft. 2. Minimum Front Setback: 10 ft. 3. Minimum Rear Setback: 5 ft. d. The following Planning Engineering conditions shall apply: 1. Any new site improvements will require a Plan of Development and Traffic Impact Study. The Plan of Development submittal shall require a Grading & Drainage Plan sealed by a civil engineer registered in the state of Arizona to show conformance to the County Drainage Regulations. 2. The site is entirely within a FEMA Zone AH Special Flood Hazard Area (SFHA). A Floodplain Use Permit will be required (through PND) issued concurrently with building permits. Compensatory storage (cut) volume is required for any fill placed within Zone AH floodplain. The Base Flood Elevation (BFE) for this floodplain is 1221.0, and the Regulatory Flood Elevation (RFE) for this entire site is 1222.0. Finished floors of any buildings must be elevated at or above this RFE. 3. Appleby Road is a mid-section line alignment requiring 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. Any additional dedication and offsite improvement requirements will be determined by MCDOT Traffic based on a submitted TIA/TIS. 4. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to number of proposed building lots/units, drainage design, access, and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 5. Engineering review of re-zone cases is conceptual in nature. 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 October 23, 2023 Z240003 Page 3 of 4 engineering policies, standards, and best practices at the time of application for construction. e. Approval of a plan of development will be required prior to approval and issuance of construction permits to develop and establish use of the site. 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. Prior to precise plan of development approval for the development of any industrial use requiring utilities, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Chandler that identifies the detail for when the proposed project will be annexed and/or the provision of water and sewer service. In lieu of a pre-annexation service agreement, the developer must provide a ‘will serve’ letter from the certificated water and sewer provider, unless otherwise approved by Maricopa County Environmental Services Department. g. All outdoor lighting shall be in conformance with the provisions listed in Section 1112 of the Maricopa County Zoning Ordinance. Any outdoor lighting shall be placed so as to reflect light away from any adjoining rural or residential zoning district. h. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for seven (7) years for the initial phase of development to have an issued construction permit which must be pursued to completion. i. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this zone change as set forth in the Maricopa County Zoning Ordinance. j. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. k. 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 shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, 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 zone change. The zone change enhances the value of the property above its value as of the date the zone change is granted and reverting to the prior zoning results in the same value of the property as if the zone change had never been granted. October 23, 2023 Z240003 Page 4 of 4 Presented by: Daniel Johnson, Planner Reviewed by: Darren Gérard, AICP, Planning Manager Attachment: 9/12/23 P&Z Packet (20 pages) Note: 9/12/23 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. Z240003 Page 1 of 9 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z240003 – Appleby & Southern Pacific RR Industrial Hearing Date: September 12, 2024 Supervisor District: 1 Applicant: Brennan Ray, Burch & Cracchiolo, P.A. Owner: TWC-Appleby Road LLC Request: Zone change from Rural-43 to IND-2 IUPD Site Location: Generally located north and east of the NEC of Arizona Ave. & Ocotillo Rd. at the SEC of Appleby Road and the Southern Pacific Railroad in the Chandler area Site Size: Approximately 16.6 Acres Density: N/A County Island: Yes (City of Chandler) County Plan: Maricopa County Vision 2030 Comprehensive Plan – Rural Development Area (0-1 d.u./ac) Municipal Plan: Chandler 2016 General Plan – Employment Chandler Airpark Area Plan - Industrial Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions Z240003 Page 2 of 9 Project Summary: 1. Burch & Cracchiolo, P.A. is requesting a zone change with overlay from Rural-43 to IND-2 IUPD to allow industrial uses in the IND-2 zoning district (MCZO Section 902.2). The subject property is located at the SWC of Appleby Rd. and the Southern Pacific Railroad in the Chandler area. The county’s comprehensive plan designated the site as Rural Development Area since it is within an area not covered by a county area plan. The site is approximately 16.6 acres in area. Primary access to the site comes from Appleby Rd. 2. The subject property is currently developed as a wholesale nursery, a permitted use in the current Rural-43 zone. Historic aerial photography captures the site being used as a nursery for the past 20+ years. The Assessor’s Office has assigned a Property Use Code of 4010 for Nurseries and Greenhouses. The site has never been developed for residential use. There are no open zoning violations on this site at this time. Per the applicant’s project narrative, the zone change will accommodate future industrial uses that are more in line with the existing uses surrounding the site such as solid waste and water treatment facilities. The applicant proposes the IUPD overlay to deviate standards in order to provide more flexibility for site design in development. For instance, the IUPD will allow a 50’ max. building height where the base IND-2 zoning district limits maximum height to 40’. There is no Plan of Development (POD) proposed with this zone change request. The POD will be administratively processed separately once design of the site is finalized. 2024 Aerial Image Z240003 Page 3 of 9 Zoning Map Z240003 Page 4 of 9 3. The development standards and use regulations for the base IND-2 zoning district and the proposed IUPD are contrasted in the table on the following page: Regulation Base Zoning District Regulations (IND-2) Proposed Zoning Regulations (IND-2 IUPD) Height 40’, except any building or structure closer than 40’ to any rural or residential zone boundary shall not exceed the distance from said building or structure to the zone boundary except that no building need be less than 10’ 50’ Min. Front Yard -Appleby Rd (North) 15’ 10’ Min. Side Yard (East & West) 5’ 5’ Min. Rear yard (South) 15’ 10’ Min. Lot Area 6,000 sq ft 6,000 sq ft Min. Lot Width 60’ 60’ Max. Lot Coverage 60% 60% Parking Chapter 11, Section 1102 of MCZO Chapter 11, Section 1102 of MCZO Screening/Buffering 6’ solid masonry wall adjacent to or abutting any rural or residential zoning boundary 6’ solid masonry wall adjacent to or abutting any rural or residential zoning boundary Landscaping 5’ landscaping strip required along road frontages 5’ landscaping strip required along road frontages Sight Visibility Triangles Required. Driveways and Parking not permitted within SVTs Required. Driveways and Parking not permitted within SVTs 4. The applicant is requesting to vary the development standards to promote flexibility to allow the subject site to be developed in a way that maximized the utility of the site while not negatively impacting the area in conjunction with surrounding land uses. The applicant states in the project narrative that ample separation will exist between development on the site and surrounding uses, so further reducing the front yard and rear yard setbacks will not have a negative impact on the adjacent rural properties. 5. As mentioned, the IUPD will increase maximum building height from 40’ to 50’. This is consistent with other industrial buildings and modern internal operations for many industrial operations. A 50’+ height is arguably necessary for sustainable “flex industrial/manufacturing” space. The applicant states that industrial buildings of similar height were recently developed in the immediate area to the northeast of the subject site inside the City of Chandler. Z240003 Page 5 of 9 Existing On-Site and Adjacent Zoning / Land Use: 6. On-site: Rural-43 / Nursery North: Appleby Rd then Rural-43 / RV Storage South: Rural-43 / Agriculture East: IND-2 IUPD / Industrial Storage West: Rural-43 / Southern Pacific Railroad Utilities and Services: 7. Water: City of Chandler Wastewater: City of Chandler School District: Chandler Unified School District Fire: Rural Metro Police: MCSO Right-of-Way: 8. The following table includes existing and proposed half-width right-of-way and the future classification based on the Maricopa County Department of Transportation (MCDOT) Major Streets and Routes Plan. It should be noted that at this time a plan of development (POD) has not been submitted and with no traffic impact study, future half-width right-of-way will need to be determined during the POD stage. Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification Appleby Rd. 40-feet TBD Major Collector Adopted Plan: 9. Chandler General Plan 2016 (adopted April 12, 2016): The City of Chandler General Plan designates the subject parcel as Employment which supports industrial/business parks that strengthen the community’s economic base. The proposed zoning conforms with the City’s General Plan. 10. Chandler Airpark Area Plan (adopted November 5, 1998): The subject site is located within the City’s Airpark Area Plan and is designated as Industrial (Logistics & Manufacturing), which allows general industry such as manufacturing, distribution, warehousing, wholesaling, and utility uses. The proposed zoning conforms with the City’s Airpark Area Plan. Public Participation Summary: 11. The applicant complied with the Maricopa County Citizen Review Process with the required posting of the site and notification by first class mail to adjacent property owners within 300 feet of the subject site and area interested parties. Signs were posted on the site in accordance with applicable regulations. Staff received a public participation results report in accordance with County requirements, and the applicant did not receive any concerns or issues from interested parties. To date, staff has not received any letters of support or opposition concerning this zone change request. Z240003 Page 6 of 9 Outstanding Concerns from Reviewing Agencies: 12. N/A Staff Analysis: 13. The subject site is within the City of Chandler’s municipal planning area and is identified for Employment uses in the Chandler General Plan 2016, and as Industrial in the Chandler Airpark Area Plan. The proposed IND-2 IUPD zoning would facilitate these types of desired uses. Surrounding Industrial Uses highlighted in blue in the City of Chandler 14. In addition to wholesale nursery to the north of the site, the general surrounding area has been developed with higher intensity uses. These uses include outdoor RV storage to the north, distribution center, and the expansion of the City of Chandler solid waste and water treatment facility to the northeast. Most of these surrounding properties are within the City of Chandler, not in unincorporated Maricopa County. While the subject site may be ready for a higher intensity use staff is of the opinion that annexation and development in Chandler is optimal since water and Z240003 Page 7 of 9 sewer services must be obtained from the city. Annexation is encouraged, as highlighted in the Vision 2030 Comprehensive Plan’s policy “Urban Solutions for Urban Development.” 15. The applicant does not discuss any plans to annex, but they do they describe developing similar to the surrounding industrial uses in the city. The proposed height of 50’ would be a similar height to the surrounding industrial, such as the 50’ height at Ferguson Distribution Center located to the northeast. 16. Staff considers the existing railroad to the west of the site to be an appropriate buffer between the proposed industrial and existing residential subdivisions located across the railroad west of the site. There will also be the required 6’ solid masonry wall adjacent to or abutting any rural or residential zoning boundary. 17. Staff is supportive of the proposed IND-2 IUPD zoning, with the recommended conditions, due to its general compatibility with surrounding land uses and development patterns. Recommendation: 18. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z240003 subject to the following conditions ‘a’ – ‘k’: a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “SWC of Appleby Rd & SPRR“, consisting of one full-size sheet, dated July 22, 2024, and stamped received July 22, 2024, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the narrative report entitled “TWC Appleby Road, LLC” consisting of four pages, dated August 25, 2023, and stamped received August 28, 2023, except as modified by the following conditions. c. The following IND-2 IUPD standards shall apply: 1. Maximum Building Height: 50 ft. 2. Minimum Front Setback: 10 ft. 3. Minimum Rear Setback: 5 ft. d. The following Planning Engineering conditions shall apply: 1. Any new site improvements will require a Plan of Development and Traffic Impact Study. The Plan of Development submittal shall require a Grading & Drainage Plan sealed by a civil engineer registered in the state of Arizona to show conformance to the County Drainage Regulations. 2. The site is entirely within a FEMA Zone AH Special Flood Hazard Area (SFHA). A Floodplain Use Permit will be required (through PND) issued concurrently with building permits. Compensatory storage (cut) volume is required for any fill placed within Zone AH floodplain. The Base Flood Elevation (BFE) for this floodplain is 1221.0, and the Regulatory Flood Elevation (RFE) for this entire site is 1222.0. Finished floors of any buildings must be elevated at or above this RFE. Z240003 Page 8 of 9 3. Appleby Road is a mid-section line alignment requiring 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. Any additional dedication and offsite improvement requirements will be determined by MCDOT Traffic based on a submitted TIA/TIS. 4. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to number of proposed building lots/units, drainage design, access, and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 5. Engineering review of re-zone cases is conceptual in nature. 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. e. Approval of a plan of development will be required prior to approval and issuance of construction permits to develop and establish use of the site. 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. Prior to precise plan of development approval for the development of any industrial use requiring utilities, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Chandler that identifies the detail for when the proposed project will be annexed and/or the provision of water and sewer service. In lieu of a pre-annexation service agreement, the developer must provide a ‘will serve’ letter from the certificated water and sewer provider, unless otherwise approved by Maricopa County Environmental Services Department. g. All outdoor lighting shall be in conformance with the provisions listed in Section 1112 of the Maricopa County Zoning Ordinance. Any outdoor lighting shall be placed so as to reflect light away from any adjoining rural or residential zoning district. h. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for seven (7) years for the initial phase of development to have an issued construction permit which must be pursued to completion. i. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this zone change as set forth in the Maricopa County Zoning Ordinance. j. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. Z240003 Page 9 of 9 k. 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 shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, 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 zone change. The zone change enhances the value of the property above its value as of the date the zone change is granted and reverting to the prior zoning results in the same value of the property as if the zone change had never been granted. Presented by: Daniel Johnson, Planner Reviewed by: Rachel Applegate, Planning Supervisor Attachments: Case Map (1 page) Zoning Exhibit (reduced 8.5”x11”, 1 page) Narrative Report (5 pages) MCESD comments (1 page) Drainage Plan Review comments (4 pages) / Maricopa County Planning & Development - Phoenix, AZ 1 Gross Acres: 17 approx. Generated August 22, 2024 1:21 PM Z240003 Application Name: Legal Description Appleby Road & SPRR Industrial Applicant Case Address 2S 5E 15 Ricki Horowitz 11515 E APPLEBY RD Applicant Phone/Email Parcel Primary:303-41-003A (602) 234-8728 rhorowitz@bcattorneys.com CHANDLER, AZ 85248 Map scale 1:3,225 Supervisor District No. Industrial Rezone ZONING EXHIBIT MAP SWC OF APPLEBY ROAD AND SPRR CASE #: ____________ Zone Change from RU-43 to IND-2 (Light Industrial) with an Industrial Unit Plan of Development Overlay (“IUPD”). Z240003 RCVD 7/22/2024 IND-2 IUPD Narrative Report FOR TWC APPLEBY ROAD, LLC SEC Southern Pacific Railroad and Appleby Road Case No. ________ Submitted: June 26, 2024 Prepared by: Brennan Ray/Madison Leake Burch & Cracchiolo, P.A. 1850 North Central, Suite 1700 Phoenix, Arizona 85004 602-234-8794 Z240003 RCVD 7/22/2024 2 PURPOSE OF REQUEST This request is for a Zone Change from RU-43 to IND-2 (Light Industrial) with an Industrial Unit Plan of Development Overlay (“IUPD”) on approximately 16.6 acres located at the southeast corner of the Southern Pacific Railroad and Appleby Road in Maricopa County. (APN 303-41-003) (the “Site”). TWC Appleby Road, LLC (“TWC”) requests this Site be rezoned to allow appropriate employment and industrial uses on the Site, as modified through the IUPD Overlay. A Plan of Development is not proposed at this time. DESCRIPTION OF PROPOSAL TWC requests industrial zoning to facilitate the development of appropriate industrial uses allowed under the IND-2 designation, Maricopa County Zoning Ordinance Section 902.2. The exact uses and layout are currently undermined. It is intended that the property improvements comply with the IND-2 Development Standards and Regulations unless otherwise modified by this IUPD. Due to its proximity to other industrial uses and the City of Chandler’s (the “City”) solid waste and water treatment facilities, the highest and best use of the Site are the uses permitted in the IND-2 Zoning District. RELATIONSHIP TO SURROUNDING PROPERTIES The Site, located less than two miles south of the 202 Freeway, is within unincorporated Maricopa County and within the City’s municipal planning area. The City’s General Plan designates the Site as “Employment” and is located within the City’s Airpark Area Plan. The City’s Airpark Area Plan designates the Site as Industrial (Logistics & Manufacturing), which allows general industry such as manufacturing, distribution, warehousing, wholesaling, and utility uses. The proposed rezoning conforms to the City’s General Plan and Airpark Area Plan. Existing on the Site is a plant nursery. To the north, across Appleby Road, exists a woodworking shop and plant nursery zoned Rural-43. To the east, exists property recently rezoned to IND-2 IUPD that has not yet been developed. Further east across what is proposed to be an extension of Hamilton Street, exists outdoor storage zoned Rural-43 and City-owned property that is anticipated to accommodate a future expansion of the City’s solid waste and water treatment facilities. Southeast of the Site is a bus yard owned by the Chandler Unified School District; while immediately south is undeveloped land that is used for agricultural purposes. Consistent with the IND-2 Zoning District, the industrial uses are appropriate and consistent with the nearby uses, the Site’s designation on the City’s General Plan and Airpark Area Plan, and its proximity to the 202 Freeway and Arizona Avenue. LOCATION AND ACCESSIBILITY Access points will be reviewed and approved at the Plan of Development Stage. CIRCULATION SYSTEM The onsite circulation and parking layouts will be designed to be safe and convenient for customers and employees and will be further reviewed at the Plan of Development approval stage. 3 DEVELOPMENT SCHEDULE (PHASING) Phasing will be included in the Plan of Development. COMMUNITY FACILITIES AND SERVICES The Paseo Vista Recreation Area is located less than a mile from the Site. Chandler Public Library – Hamilton is located less than a mile from the Site to the west, across Arizona Avenue. The Site is in the Chandler Unified School District; the closest elementary school is Basha Elementary, the closest middle school is Santan Jr. High School, and the closest high school is Hamilton High School. This proposed development will not have any negative impacts on any school district, parks, or other amenities in the area. PUBLIC UTILITIES AND SERVICES Water: City of Chandler Sewer: City of Chandler Police: Maricopa County Sheriff’s Office Fire: Rural Metro Refuse: Waste Management DEVELOPMENT STANDARDS TABLE The IND-2 IUPD Development Standards Comparison Table is provided below, with changes noted in bold: Regulation Base Zoning District Regulations (IND-2) Proposed Zoning Regulations (IND-2 IUPD) Height 40’, except any building or structure closer than 40’ to any rural or residential zone boundary shall not exceed the distance from said building or structure to the zone boundary except that no building need be less than 10’ 50 ft. Min. Front Yard - Appleby (North) 15 ft. 10 ft. Min. Side Yard (East and West) 5 ft. 5 ft. Min. Rear Yard (South) 15 ft. 10 ft. Min. Lot Area 6,000 sq. ft. 6,000 sq. ft. 4 Min. Lot Width 60 ft. 60 ft. Max. Lot Coverage 60% 60% Screening 6’ Solid Wall 6’ Solid Wall Sight Visibility Triangles Required Required While no Plan of Development is proposed at this time, we request minor code deviations as part of this IUPD in order to promote flexibility to allow this underutilized, infill site to be developed in a way that maximizes the utility of the Site while not negatively impacting the area. Given the nature of the surrounding uses (detailed above: including outdoor storage, a future expansion of the City’s solid waste and water treatment facilities, a bus yard, agricultural land, and future IND-2 development with similar development standards) these code deviations will not negatively impact the area. Rather, these modifications will facilitate an appropriate development for the area that is supported by the City’s General Plan and Airpark Area Plan. Given the large rights-of-way and industrial nature of the surrounding area, reducing the front yard setbacks by 5 feet will not negatively impact the area. Ample separation will exist between development on the Site and surrounding uses. Further, reducing the rear yard setback will not have a negative impact on the adjacent rural properties. The height increase to 50 feet is consistent with other industrial buildings and modern internal operations for many industrial operations. The proposed building height is consistent with other industrial buildings recently constructed in the immediate area. CONCLUSION This Zone Change Application establishes uses and other criteria that are appropriate for the Site and compatible with the surrounding area. We request the County’s Approval. 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 TWC Appleby Road, LLC planning case(s). Please note the following MCESD requirements for site development: Subdivision and Infrastructure – An Approval to Construct application is required and must be submitted to MCESD’s Subdivision & Infrastructure Program for water, reclaimed water and/or wastewater system infrastructure. A will serve letter issued by the Utility is required and must be submitted to MCESD’s Subdivision & Infrastructure Program if the site/development will be provided with water and/or reclaimed water by a Utility. A capacity assurance letter issued by the Utility is required to MCESD’s Subdivision & Infrastructure Program if the site/development wastewater service is being provided by a Utility. For subdivision related questions, please contact the Subdivision and Infrastructure Program at (602) 506-1058 or email subdivision@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: TWC Appleby Road, LLC Primary Contact Name: Brennan Ray Planning Application Type: Zone Change with Overlay APN(s): 303-41-003A Reviewer: Ryan Hall, P.E. Email: Ryan.Hall@maricopa.gov Phone: 602-918-1241 Planner Name: Daniel Johnson Planning Case #: Z240003 Date: August 5, 2024 Water and Waste Management Division Doug Jones, P.E., CFM Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 372-0790 www.maricopa.gov/planning Email address: Doug.Jones@maricopa.gov Planning & Development Engineering Plan Review Date: August 02, 2024 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Daniel Johnson, Planner, Planning & Development Services cc: Bob Fedorka, PE, Engineering Manager, Planning & Development From: Doug Jones, PE, CFM, Engineering Supervisor, Planning & Development Subject: Z240003 – Appleby Road & SPRR Industrial Zone Change w/out POD APN(s): 303-41-003A Engineering Review has reviewed the first submittal routed for review on 07/18/2024, for the subject application and has No Objections subject to the following conditions: 1. Any new site improvements will require a Plan of Development and Traffic Impact Study. The Plan of Development submittal shall require a Grading and Drainage Plan sealed by a civil engineer registered in the state of Arizona to show conformance to the County Drainage Regulations. 2. The site is entirely within a FEMA Zone AH Special Flood Hazard Area (SFHA). A Floodplain Use Permit will be required (through PND) issued concurrently with building permits. Compensatory storage (cut) volume is required for any fill placed within Zone AH floodplain. The Base Flood Elevation (BFE) for this floodplain is 1221.0, and the Regulatory Flood Elevation (RFE) for this entire site is 1222.0. Finished floors of any buildings must be elevated at or above this RFE. 3. Appleby Road is a mid-section line alignment requiring 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. Any additional dedication and offsite improvement requirements will be determined by MCDOT Traffic based on a submitted TIA/TIS 4. Without the submittal of a plan of development, no development approval will be inferred by the engineering review, including, but not limited to drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. Page 2 of 4 5. Engineering review of planning and/or zoning cases is for conceptual design only. 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. All plans and reports should be developed and formatted to document that the project is designed to meet all County regulations, ordinances and design standards. It is incumbent upon the engineer to demonstrate compliance with all regulatory requirements and County design standards. Please contact me with any questions. 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: Page 3 of 4 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 4 of 4 Abbreviations Key: Drainage: DD = Department Directive (See: http://www.maricopa.gov/1911/Department- Directives) MCZO = Maricopa County Zoning Ordinance DPSM = Maricopa County Drainage Policies and Standards SSA = State Standard Attachment DDMV1= Maricopa County Drainage Design Manual – Hydrology DDMV2 = Maricopa County Drainage Design Manual – Hydraulics Flood Control: FRMC = Floodplain Regulations for Maricopa County PND Transportation: RDM = MCDOT Roadway Design Manual RDG = MCDOT Residential Design Guidelines MSRP = MCDOT Major Streets and Routes Plan PND Storm Water: SWMDCR= Maricopa County Storm Water Quality Management and Discharge Control Regulation DDMV3= Maricopa County Drainage Design Manual – Erosion Control APCR= Maricopa County Air Pollution Control Regulations – Rule 310