DRC_STAFF REPORT_AQUACROSSINGS_051226.DOCX
City of Tempe — Development Review Commission Regular Meeting (2026-05-12)
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PL260123 – AQUACROSSINGS Page 1 May 12, 2026 STAFF REPORT AQUACROSSINGS (PL260123) PROJECT DATA: Project Address 1818 West 4th Street Property Owner(s) Current / Future Lynn and Lois Turner Family Trust Applicant Matthew Mansour, AquaCrossings Zoning District (current/proposed) GID (General Industrial District) Gross Site Acres 0.37 acres Building Area 5,204 s.f. Building Height 19’-6” (65’ maximum allowed) Lot Coverage 32% (No standard in GID) Landscape Area 20% (10% minimum required) Building Setbacks 30’ front, 0’ west side, 32’ east side, 48’ rear (25’, 0’, 0’, 0’ min.) Vehicle Parking 12 spaces (12 min. required) Hours of Operation 7:00 am to 5:00 pm, Monday to Sunday COMMENTS: This site is located west of 52nd Street on the north side of 4th Street and is Lot 54 of the Southwest Builders Industrial Park, in the GID, General Industrial zoning district. GID zoning and industrial offices surround the subject site in all directions. AquaCrossings was operating without a Use Permit when a commercial complaint was submitted for odors emanating from the facility (CM260003). The applicant was directed to apply for a Use Permit for the business. On March 30, 2026, the Tempe Zoning Administrator made a similar use ruling for AquaCrossings due to the nature of the business not being described in the Zoning and Development Code (PL260062). The similar use ruling stated that the business described as “aquamation” (or water-based cremation) and such use is similar to and not more detrimental than the uses described in the land use category of “Cemetery, Crematorium, Mausoleum” in the GID, General Industrial District. The hours of operation are 7:00 am to 5:00 pm, Monday through Sunday and there will be approximately 10 employees on premises. The applicant states that visits are limited and do not involve continuous public traffic. Much of the business is conducted through veterinary partners, coordinated pickup and delivery services, and carefully managed appointment-based interactions. Aquamation is a controlled industrial process known as alkaline hydrolysis, consisting of a non- combustive, water-based chemical process that utilizes electrically powered, enclosed equipment to chemically alter organic material, reducing it to inert mineral remains and sterile aqueous effluent. The process involves no combustion, no incineration, no furnace, no open flame, and no air emissions. While the process may not emit air emissions, the original complaint was for odors coming from the facility. An inspection of the property by the Code Enhancement Division did not reveal the presence of any odors emanating from the facility; however, the applicant has begun the process of installing industrial ventilation and odor controlling equipment as a preventative measure. A letter from the contractor outlining the improvements has been included in Exhibits 15-17. Staff is aware that the City of Tempe Public Works Department sent a letter to the applicant outlining the results of a Wastewater Discharge Permit Application based on wastewater samples collected at AquaCrossings. Based on the analytical data provided and sampling conducted, the discharge characteristics indicate conditions that are inconsistent with the City of Tempe’s sewer use PL260123 – AQUACROSSINGS Page 2 May 12, 2026 requirements and the federal pretreatment regulations under 40 CFR 403. This issue is being addressed by a separate application process with the Public Works Department. The applicant is requesting the Development Review Commission take action on: ZUP260042 Use Permit to allow an aquamation (water cremation) facility in the GID zoning district For further processing, the applicant will need approval of a Minor Development Plan Review for repainting the building without permits. PUBLIC INPUT Neighborhood meeting was not required The applicant submitted 10 letters of support from neighboring businesses. (Exhibits 18-36) USE PERMIT The proposed use requires a Use Permit, to operate an aquamation (water cremation) facility within the GID zoning district. Section 6-308 E Approval criteria for Use Permit (in italics): 1. Any significant increase in vehicular or pedestrian traffic. The proposed use will not generate significant vehicular or pedestrian traffic. The business is not a retail use and does not attract frequent walk-in customers. Most business is conducted through veterinary partners or coordinated pickup and delivery services and will produces less traffic than traditional commercial or service uses. 2. Nuisance arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a level exceeding that of ambient conditions. The aquamation process typically does not generate odor, dust, gas, noise, vibration, smoke, heat or glare. In response to a complaint of odor, the applicant is in the process of installing ventilation and filtration systems designed to contain any such interior odor and prevent exterior impacts. The applicant is also working with the Tempe Public Works Department to address wastewater issues identified in sampling. Planning staff is recommending a condition of approval that the request come back for an administrative review within six months of the business being in full operation to evaluate compliance with this criterion. 3. Contribution to the deterioration of the neighborhood or to the downgrading of property values, the proposed use is not in conflict with the goals objectives or policies for rehabilitation, redevelopment or conservation as set forth in the city’s adopted plans or General Plan. The business aligns with Tempe’s General Plan and will not contribute to deterioration of the neighborhood or the downgrading of property values. “Cremation” uses are allowed in the GID zoning district with a Use Permit. 4. Compatibility with existing surrounding structures and uses. The site is within the Southwest Builders Industrial Park and is surrounded by similar sized buildings. The scale and nature of the business is appropriate for the area and should not disrupt the character of the neighborhood. 5. Adequate control of disruptive behavior both inside and outside the premises which may create a nuisance to the surrounding area or general public. There is no anticipated disruptive behavior associated with this use. The business does not get regular visits and operations close at 5:00 pm, similar to office uses. The manner of conduct and the building for the proposed use will not be detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in general, and that the use will be in full conformity to any conditions, requirements or standards prescribed therefore by this code. PL260123 – AQUACROSSINGS Page 3 May 12, 2026 Based on the information provided and the above analysis, staff recommends approval of the requested Use Permit. This request meets the required criteria and will conform to the conditions. USE PERMIT CONDITIONS OF APPROVAL: (Non-standard conditions are identified in bold) EACH NUMBERED ITEM IS A CONDITION OF APPROVAL. THE DECISION-MAKING BODY MAY MODIFY, DELETE OR ADD TO THESE CONDITIONS. 1. Verify with Building Safety if any further building permits are required. 2. The Use Permit is valid for the plans as submitted within this application. Any additions or modifications may be submitted for review during the building plan check process. 3. The applicant shall return to the Community Development Planning Division for administrative review of compliance within six (6) months of Use Permit approval. 4. All required permits and clearances shall be obtained from the Audit and Licensing Division of the City of Tempe prior to the Use Permit becoming effective. 5. The decision-making body, upon finding that the applicant has not taken corrective actions to resolve issues related to the permit/approval and that a continuation of the permit/approval is not in the interest of the public health, safety and general welfare, can revoke the permit/approval after providing written notice of its intentions to the holder of the permit. 6. If there are any complaints arising from the Use Permit that are verified by a consensus of the complaining party and the City Attorney’s office, the Use Permit will be reviewed by City staff to determine the need for a public hearing to reevaluate the appropriateness of the Use Permit, which may result in revocation of the Use Permit. 7. All required Federal, State, County, and Municipal permits, licenses, and clearances shall be obtained, or the Use Permit is void. CODE/ORDINANCE REQUIREMENTS: THE BULLETED ITEMS REFER TO EXISTING CODE OR ORDINANCES THAT PLANNING STAFF OBSERVES ARE PERTINENT TO THIS CASE. THE BULLET ITEMS ARE INCLUDED TO ALERT THE DESIGN TEAM AND ASSIST IN OBTAINING A BUILDING PERMIT AND ARE NOT AN EXHAUSTIVE LIST. This approval for the Use Permit review did not include a comprehensive evaluation of the site for code compliance; the scope of approval is for the use permit only. The property owner should be aware of all city codes and zoning ordinances applicable to the property including maintenance and conformance with the codes. Below is a partial list of references provided to advise the owner of pertinent code requirements; this is not an exhaustive list. TEMPE CITY CODE: Specific requirements of the Tempe City Code are not listed but apply to any application. ZONING AND DEVELOPMENT CODE: Specific requirements of the Zoning and Development Code (ZDC) are not listed as conditions of approval but apply to any application. To avoid unnecessary review time and reduce the potential for multiple plan check submittals, become familiar with the ZDC. PL260123 – AQUACROSSINGS Page 4 May 12, 2026 BUILDING & FIRE CODES: Any modifications to the buildings involving mechanical, electrical, plumbing or structural tenant improvements that would require a building permit must obtain required permits. ENGINEERING CODES: Any site modifications affecting utilities, retention or engineering code requirements must obtain required permits. USE PERMIT: The Use Permit is valid for AQUACROSSINGS and may be transferable to successors in interest through an administrative review with the Community Development Director, or designee. The Use Permit approval shall be void if the use is not commenced or if an application for a building permit has not been submitted, whichever is applicable, within twelve (12) months after the Use Permit is granted or within the time stipulated by the decision-making body. Any intensification or expansion of use shall require a new Use Permit. LIGHTING: Site security lighting shall comply with requirements of ZDC Part 4 Chapter 8 (Lighting) and ZDC Appendix E (Photometric Plan). Avoid conflicts between lights and trees or other site features in order to maintain illumination levels for exterior lighting. Make sure that light fixtures do not create glare and are full-cutoff fixtures. Any changes to lighting would require a minor Development Plan Review. LANDSCAPE: All landscape shall be maintained per the approved landscape plan for the site. Property owners are responsible to replace dead or missing plant material and to maintain all parking landscape islands, street front trees and ground covers, and perimeter planting materials. Any changes to landscape on site would require a minor Development Plan Review. WATER CONSERVATION AND EFFICIENCY: (Residential and parks are exempt, commercial and mixed use are not exempt). As required in Tempe City Code 33-140 - 142, all new non-residential development projects are required to submit a Water Conservation Report that details potential water use, for review and approval by the Municipal Utilities Department, prior to building permit issuance. For a report template and more information, visit the commercial water conservation webpage. PARKING SPACES: Verify conformance of accessible vehicle parking to the Americans with Disabilities Act and the Code of Federal Regulations Implementing the Act. Refer to Building Safety ADA Accessible Parking Spaces Marking/Signage on Private Development details. At parking areas, provide demarcated accessible aisle for disabled parking. Distribute bike parking areas nearest to main entrance(s). Provide parking loop/rack per standard detail T-578. Provide 15” by 6’-0” individual bicycle parking spaces. One loop may be used to separate two bike parking spaces. Provide clearance between bike spaces and adjacent walkway to allow bike maneuvering in and out of space without interfering with pedestrians, landscape materials or vehicles nearby. LIGHTING: Plans shall include the nearest adjacent street lights to the development. Streetlights shall conform to the City of Tempe Public Works Standard Details and the Engineering Design Criteria Manual contained in the Comprehensive Transportation Plan Design site security lighting in accordance with requirements of ZDC Part 4 Chapter 8 (Lighting) and ZDC Appendix E (Photometric Plan). Indicate the location of all exterior light fixtures on the site, landscape and photometric plans. Avoid conflicts between lights and trees or other site features in order to maintain illumination levels for exterior lighting. PL260123 – AQUACROSSINGS Page 5 May 12, 2026 SIGNS: Separate plan review process is required for signs in accordance with requirements of ZDC Part 4 Chapter 9 (Signs). Refer to www.tempe.gov/signs. DUST CONTROL: Any operation capable of generating dust, include, but not limited to, land clearing, earth moving, excavating, construction, demolition and other similar operations, that disturbs 0.10 acres (4,356 square feet) or more shall require a dust control permit from the Maricopa County Air Quality Department (MCAQD). Contact MCAQD at http://www.maricopa.gov/aq/. HISTORY & FACTS: April 9, 1958 The Tempe City Council approved Ordinance No. 281, a request to annex approximately 2,730 acres, including the subject site. September 25, 1975 The Tempe City Council approved I-1 zoning for 48.6 acres of land as well as a final subdivision plat, the subject site is Lot 54. January 2, 2026 Commercial Complaint was received for a business operating a pet water cremation facility and odors coming from the building. (CM260003) March 30, 2026 The Tempe Zoning Administrator made a similar use ruling for AquaCrossings due to the nature of the business not being described in the Zoning and Development Code. The similar use ruling stated that the business described as “aquamation” (or water-based cremation) and such use is similar to and not more detrimental than the uses described in the land use category of “Cemetery, Crematorium, Mausoleum” in the GID, General Industrial District. (PL260062) May 12, 2026 Development Review Commission scheduled public hearing for a Use Permit to allow aquamation (water cremation) in the GID zoning district. ZONING AND DEVELOPMENT CODE REFERENCE: Section 3-302, Permitted Uses in Office/Industrial Districts Section 4-204, Development Standards for Office/Industrial Districts Section 6-308, Use Permit