| AGENDA ITEM #:22-350-00006 DATE: April 12, 2023 CAR #: CASE #: {Case#} |
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Planning & Zoning Commission ACTION REPORT
| SUBJECT: | SPECIAL USE PERMIT FOR AN AIRPORT (BISHOP AIR TRAINING FIELD) |
| STAFF PRESENTER(S): | Guadalupe Ortiz Cortez, Planner |
OTHER PRESENTER(S):
Heidi Short, Lewis Roca
SUMMARY:
A request to amend a Special Use Permit to allow free fall parachute trainings on an approximately 433-acre parcel zoned I-1 (Light Industrial) located at 9602 W Alabaster Road.
RECOMMENDATION:
- Conduct a public hearing to consider a request to amend a Special Use Permit to allow free fall parachute trainings on an approximately 433-acre parcel zoned I-1 (Light Industrial located at 9602 W Alabaster Road.
- Recommend approval of a request to amend the Special Use Permit granted in 2008, a copy of which is attached hereto (the “SUP”), to allow, as a permitted operation within the property annexed by Ordinance 2008-1138 and rezoned by Ordinance 2008-1139 (the “Property”), free fall parachute trainings in addition to operating the Property as an air training facility subject to stipulations. (Guadalupe Ortiz Cortez, Planner)
STIPULATIONS:
- The development of the Property shall be in substantial conformance with the development site plan for the air training facility submitted with the Special Use application entitled “Air Training Field, Mobile, Arizona, Special Use Permit for Private Airport” and dated December 5, 2005 and the narrative submitted with the Special Use application dated August 4 2008, which is reflected in the updated site plan titled Bishop Air Training Field Site Plan sealed November 7, 2022, a copy of which is attached hereto. Any expansion of the existing air training facility, additional buildings, or substantial changes in the operation of the Property as an air training facility and free fall parachute training facility shall require an amendment to the approved Special Use Permit;
- All future development on Property is subject to site plan review and approval by city staff, at which time all elements of site development will be reviewed, including, but not limited to, architecture, landscaping, grading and drainage, infrastructure, parking, access and circulation; and,
- The City of Goodyear reserves the right to initiate revocation of the Special Use Permit in the event that the property is not operating in compliance with the terms of the 2008 Special Use Permit and the stipulations/conditions of approval set forth of the 2008 Special Use Permit as the 2008 Special Use Permit is amended herein, including the stipulations/conditions of approval of such amendment.
FISCAL IMPACT:
Although a fiscal impact analysis has not been conducted on this specific project, all new development will have an ongoing fiscal impact on the city. The development is responsible for construction of infrastructure necessary to serve the site and will generate one-time revenue for the city through payment of permits, construction sales tax and development impact fees. Longer term fiscal impacts include increased demands for municipal services, the costs of which may or may not be offset by increased property values/tax levies, city sales tax, state shared revenues and the increased demand for commercial and retail development. Any areas that will be maintained by the city are constructed by the developer and then conveyed to the city two years after construction.
BACKGROUND AND PREVIOUS ACTIONS:
The Property is zoned I-1 (Light Industrial). The I-1 zoning was approved by City Council on September 22, 2008, with the adoption of Ordinance No. 2008-1139.
On September 22, 2008, City Council approved a Special Use Permit, Case No. 08-350-00003, for the property to be operated as an air training facility. SUP applied to property then owned by Deutsche Lufthansa AG, which Lufthansa used to train its pilots. Lufthansa improved the Property in accordance with the site plan submitted with the application for the SUP. The 2008 SUP includes a stipulation requiring a SUP amendment for “any expansion of the air training facility, additional buildings, or substantial changes in the operation of the air training facility.”
Lufthansa Airlines is not conducting training operations on the Property, and sold its Property to Bishop Airfield. Bishop Airfield, which acquired the Property, received a notice of violation on May 12, 2022 because free fall parachute trainings were being conducted on the Property by Complete Parachute Solutions, which is outside the scope of the operations permitted under the existing SUP for the Property. In order to correct the code violation, the applicant is requesting an amendment to the 2008 Special Use Permit to allow the additional use of free fall parachute training on the Property.
On September 22, 2008, City Council approved a Special Use Permit, Case No. 08-350-00003, for the property to be operated as an air training facility. SUP applied to property then owned by Deutsche Lufthansa AG, which Lufthansa used to train its pilots. Lufthansa improved the Property in accordance with the site plan submitted with the application for the SUP. The 2008 SUP includes a stipulation requiring a SUP amendment for “any expansion of the air training facility, additional buildings, or substantial changes in the operation of the air training facility.”
Lufthansa Airlines is not conducting training operations on the Property, and sold its Property to Bishop Airfield. Bishop Airfield, which acquired the Property, received a notice of violation on May 12, 2022 because free fall parachute trainings were being conducted on the Property by Complete Parachute Solutions, which is outside the scope of the operations permitted under the existing SUP for the Property. In order to correct the code violation, the applicant is requesting an amendment to the 2008 Special Use Permit to allow the additional use of free fall parachute training on the Property.
STAFF ANALYSIS
Current Policy
Pursuant to Section 4-1-3 of the Zoning Ordinance (Special Uses Considered in Specified Districts), an airport may be considered as a Special Use in industrial zoning districts.
Pursuant to Section 1-3-4 of the Zoning Ordinance (Special Use Permits), a Special Use requires review by the Planning and Zoning Commission and approval from the City Council through the public hearing process.
Details of the Request
The applicant is requesting a Special Use Permit amendment to add free fall parachute training as an allowed use under the 2008 Special Use Permit. The Property is composed of an approximately 433-acre parcel zoned I-1 (Light Industrial), located at 9602 W Alabaster Road.
The proposed Special Use Permit amendment would allow free fall parachute training, which is currently being provided by Complete Parachute Solutions (“CPS”). Currently, CPS currently flies 16 aircraft operations a day for training, 3 weeks a month.
Bishop Airfield is also having discussions with Lufthansa Airlines to allow them access to carry out pilot training at the facility. If an agreement is reached, the free fall parachute trainings and the pilot trainings would occur at separate times.
The following evaluation is being provided in conformance with Section 1-3-4 of the Zoning Ordinance:
1. Will be desirable or necessary to the public convenience or welfare:
The proposal provides the existing airport facilities to continue to be used to provide private flight trainings while allowing it to also be used for free fall parachute training.
2. Will be harmonious and compatible with the other uses adjacent to and in the vicinity of the selected site or sites:
The site is currently zoned I-1 (Light Industrial). The zoning surrounding the Property is vacant, zoned AG (Agricultural) and Preliminary PAD within city limits and zoned Rural-190 and Rural-43 within Maricopa County jurisdiction.
The nearest existing residential home is located approximately 1,300 feet from the airport.
The Airport began operations over 32 years. Since being annexed within the City of Goodyear approximately 15 years ago, it has been operated as an air training facility and, although not within the scope of the SUP for the Property, most recently as a free fall parachute training facility. During this time, the Airport has operated with similar training uses without complaint.
3. Is in conformance with the adopted General Plan and any adopted Area Plans:
The Property is located within the Industrial land use as designated by the city’s 2025 General Plan. The industrial land use category is intended for more intensive business and employment uses which have greater impact on surrounding land uses. Uses appropriate for the Industrial land use category include office, industrial, and business parks. The existing Industrial General Plan land use designation allows Light Industrial uses. As such, the use of the Property for an airport will be in conformance with the General Plan.
4. Will not be detrimental to surrounding properties in the area due to:
a. Impact on the circulation system of the adjacent neighborhood:
There is existing full access to the facility off of S 99th Avenue onto W Alabaster Road and onto the Property. New access to the property is not proposed at this time.
b. Excessive noise or light generated from within the site:
The narrative indicates no additional site lighting is needed for the additional use. Night trainings are carried out in the dark to train with night vision devises.
Nonetheless, the development is required to comply with the City’s Zone 2 lighting standards, which are designed to protect adjacent developments by requiring full cutoff lights and other mitigation measures.
c. Excessive scale or height in relationship to surrounding properties:
There are no new proposed buildings with this application. The current on-site facilities include a 7,500 square foot aircraft maintenance hangar, a 31-foot-high aircraft control tower, two aircraft shelters designed to accommodate six aircrafts each, and an 8,000-gallon fuel tanker.
d. Hours of operation:
Per the project narrative, the standard training operation currently is for 40 trainees. The most personnel Complete Parachute Solutions can host on the site is 80 trainees. CPS trains 3 weeks per month. The project narrative states that, depending on weather conditions, training operations are held between sunrise to 12:00PM approximately 80% of the time, between 3:00AM and 12:00PM approximately 15% of the time, and between 7:00PM and 12AM approximately 5% of the time.
As noted above, the Property has been used for flight related operations for over 32 years without complaint. Accordingly, staff is not recommending restrictions on the hours of operation.
e. Inadequate parcel size to provide adequate buffers or mitigation to surrounding properties:
The parcel size is appropriate for the additional proposed use. The additional use of free fall parachute training does not generate the need for additional buffers or additional mitigation from those already contemplated in the original Special Use Permit.
f. Inconsistency with the development character or architecture of the adjacent properties:
The additional use of free fall parachute training does not generate the need for changes to the site and does not impact the character or architecture of the site.
Fire Department:
Emergency response times and distances are provided below:
Public Participation:
In accordance with the city’s Citizen Review Ordinance, A Citizen Review Meeting was held on Thursday, November 10, 2022, at 5:30PM at the Mobile Elementary School located at 42798 South 99th Avenue. A sign was posted on the Property as well as at the intersection of S 99th Avenue and State Route 238 leading up to the Property. In addition, a notice was sent to all property owners within 500 feet of the Property. The meeting was attended by the applicant, CPS personnel, and an airport employee. No inquiries or opposition has been received as a result of the citizen review meeting.
Notice for the public hearings before the Planning and Zoning Commission and City Council included a notice mailed to property owners within 500 of the property, a sign posted on the property, and a legal notice published in the Arizona Republic, Southwest Edition. To date, staff has not received any inquiries on the project.
STAFF FINDINGS
As outlined herein, staff finds the proposed request for the amendment to the SUP to not be materially detrimental to persons residing or working in the vicinity adjacent to the Property, to the neighborhood, or to the public welfare and that the proposed use is reasonably compatible with uses permitted in the surrounding area. Staff further finds the request for an amendment to the SUP meets the additional evaluation criteria for convenience uses as established in Section 1-3-4 of the Zoning Ordinance.
Pursuant to Section 4-1-3 of the Zoning Ordinance (Special Uses Considered in Specified Districts), an airport may be considered as a Special Use in industrial zoning districts.
Pursuant to Section 1-3-4 of the Zoning Ordinance (Special Use Permits), a Special Use requires review by the Planning and Zoning Commission and approval from the City Council through the public hearing process.
Details of the Request
The applicant is requesting a Special Use Permit amendment to add free fall parachute training as an allowed use under the 2008 Special Use Permit. The Property is composed of an approximately 433-acre parcel zoned I-1 (Light Industrial), located at 9602 W Alabaster Road.
The proposed Special Use Permit amendment would allow free fall parachute training, which is currently being provided by Complete Parachute Solutions (“CPS”). Currently, CPS currently flies 16 aircraft operations a day for training, 3 weeks a month.
Bishop Airfield is also having discussions with Lufthansa Airlines to allow them access to carry out pilot training at the facility. If an agreement is reached, the free fall parachute trainings and the pilot trainings would occur at separate times.
The following evaluation is being provided in conformance with Section 1-3-4 of the Zoning Ordinance:
1. Will be desirable or necessary to the public convenience or welfare:
The proposal provides the existing airport facilities to continue to be used to provide private flight trainings while allowing it to also be used for free fall parachute training.
2. Will be harmonious and compatible with the other uses adjacent to and in the vicinity of the selected site or sites:
The site is currently zoned I-1 (Light Industrial). The zoning surrounding the Property is vacant, zoned AG (Agricultural) and Preliminary PAD within city limits and zoned Rural-190 and Rural-43 within Maricopa County jurisdiction.
The nearest existing residential home is located approximately 1,300 feet from the airport.
The Airport began operations over 32 years. Since being annexed within the City of Goodyear approximately 15 years ago, it has been operated as an air training facility and, although not within the scope of the SUP for the Property, most recently as a free fall parachute training facility. During this time, the Airport has operated with similar training uses without complaint.
3. Is in conformance with the adopted General Plan and any adopted Area Plans:
The Property is located within the Industrial land use as designated by the city’s 2025 General Plan. The industrial land use category is intended for more intensive business and employment uses which have greater impact on surrounding land uses. Uses appropriate for the Industrial land use category include office, industrial, and business parks. The existing Industrial General Plan land use designation allows Light Industrial uses. As such, the use of the Property for an airport will be in conformance with the General Plan.
4. Will not be detrimental to surrounding properties in the area due to:
a. Impact on the circulation system of the adjacent neighborhood:
There is existing full access to the facility off of S 99th Avenue onto W Alabaster Road and onto the Property. New access to the property is not proposed at this time.
b. Excessive noise or light generated from within the site:
The narrative indicates no additional site lighting is needed for the additional use. Night trainings are carried out in the dark to train with night vision devises.
Nonetheless, the development is required to comply with the City’s Zone 2 lighting standards, which are designed to protect adjacent developments by requiring full cutoff lights and other mitigation measures.
c. Excessive scale or height in relationship to surrounding properties:
There are no new proposed buildings with this application. The current on-site facilities include a 7,500 square foot aircraft maintenance hangar, a 31-foot-high aircraft control tower, two aircraft shelters designed to accommodate six aircrafts each, and an 8,000-gallon fuel tanker.
d. Hours of operation:
Per the project narrative, the standard training operation currently is for 40 trainees. The most personnel Complete Parachute Solutions can host on the site is 80 trainees. CPS trains 3 weeks per month. The project narrative states that, depending on weather conditions, training operations are held between sunrise to 12:00PM approximately 80% of the time, between 3:00AM and 12:00PM approximately 15% of the time, and between 7:00PM and 12AM approximately 5% of the time.
As noted above, the Property has been used for flight related operations for over 32 years without complaint. Accordingly, staff is not recommending restrictions on the hours of operation.
e. Inadequate parcel size to provide adequate buffers or mitigation to surrounding properties:
The parcel size is appropriate for the additional proposed use. The additional use of free fall parachute training does not generate the need for additional buffers or additional mitigation from those already contemplated in the original Special Use Permit.
f. Inconsistency with the development character or architecture of the adjacent properties:
The additional use of free fall parachute training does not generate the need for changes to the site and does not impact the character or architecture of the site.
Fire Department:
Emergency response times and distances are provided below:
| Nearest Fire Station | Shortest path | Longest path | 2nd nearest Fire Station | Shortest path | Longest path | |||||
| Mins | Miles | Mins | Miles | Mins | Miles | Mins | Miles | |||
| # 187 | 7.65 | 3.82 | 7.65 | 3.82 | City of Maricopa #575 | 34.46 | 17.23 | 34.46 | 17.23 | |
Public Participation:
In accordance with the city’s Citizen Review Ordinance, A Citizen Review Meeting was held on Thursday, November 10, 2022, at 5:30PM at the Mobile Elementary School located at 42798 South 99th Avenue. A sign was posted on the Property as well as at the intersection of S 99th Avenue and State Route 238 leading up to the Property. In addition, a notice was sent to all property owners within 500 feet of the Property. The meeting was attended by the applicant, CPS personnel, and an airport employee. No inquiries or opposition has been received as a result of the citizen review meeting.
Notice for the public hearings before the Planning and Zoning Commission and City Council included a notice mailed to property owners within 500 of the property, a sign posted on the property, and a legal notice published in the Arizona Republic, Southwest Edition. To date, staff has not received any inquiries on the project.
STAFF FINDINGS
As outlined herein, staff finds the proposed request for the amendment to the SUP to not be materially detrimental to persons residing or working in the vicinity adjacent to the Property, to the neighborhood, or to the public welfare and that the proposed use is reasonably compatible with uses permitted in the surrounding area. Staff further finds the request for an amendment to the SUP meets the additional evaluation criteria for convenience uses as established in Section 1-3-4 of the Zoning Ordinance.
Attachments
- Aerial Photo
- Project Narrative
- Site Plan submitted with 2008 Special Use Permit
- 2008 Special Use Permit approval letter
- Site Plan submitted with SUP amendment request