Vote: approved

Item Text

19. 67TH AVE REZONE (Supervisorial District: 5) Case #: Z260017 Applicant and Owner: Kurt Waldier, Gilbert and Blilie PLLC / Moe Lathgani Request: Zone Change from Rural-43 to IND-3 IUPD for a billboard Site Location: Generally located 1,320’ north of the northwest corner of 67th Ave. and Southern Ave Commission Recommendation: On 06/11/26, the Commission voted 6-0 (motion by Commissioner Leighton D4, seconded by Chair Millhaven D2) to adopt a motion recommending the Board of Supervisors approve Z260017 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “67th Ave Rezone“, consisting of 1 page stamped received May 8, 2026, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. b. Development of the site shall be in substantial conformance with the narrative report entitled “67th Ave Rezone“, consisting of 4 pages stamped received May 8, 2026, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. c. The following IND-3 IUPD standards shall apply: 1. Billboard Separation Distance: When either an existing or proposed static or digital billboard is located fewer than 3 miles from the boundary of any incorporated city or town, it shall maintain a radial separation distance from any other static or digital of 450 feet. Measurement shall be from the vertical edge of the sign face closest to the sign face of the structure to which is being measured. Measurement shall not cross any freeway 2. Billboard Setback Requirements: No billboard shall be erected located within 50 feet of any residential zoning district boundary or a parcel boundary of a residential use in a rural zoning district, whether or not separated by a public right-of-way. This shall be measured from the vertical edge of the sign face closest to the zoning district boundary line of a residential zoning district 3. Entitled Uses: Development is limited to a single billboard. No other land uses are permitted until such time there are utilities to serve the property. Any other uses on the site shall require a zone change major amendment. d. Administrative 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 e. The following Engineering conditions shall apply: 1. From Section 501 of the Floodplain Regulations, a billboard is an allowable use withing FEMA Zone AE Floodway. Refer to Section 602.A (General Requirements) of the Floodplain Regulations for development and application requirements for final building permits. An engineering analysis for the development in the floodway must be conducted and a No-rise Certification provided prior to building permit issuance 2. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 905 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. 3. 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 site’s drainage infrastructure. 4. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits. f. The following Maricopa County Department of Transportation conditions shall apply: 1. 67th Avenue is classified as an urban minor arterial requiring fee dedication of a 55-foot half street from the center line per the Maricopa County Zoning Ordinance Section 804. a. It is the developer's responsibility to determine if the existing right of way is fee simple, if it is not then the developer will need to provide the right of way in said form. b. Applicant is required to provide, at applicant’s expense, an American Land Title Association (“ALTA”) Owner’s Policy of Title Insurance showing title vested in Maricopa County, a political subdivision of the State of Arizona. c. Dedication shall be completed by time of permit approval. 2. The above comments do not include identification of utilities or underground facilities within or adjacent to the required right-of-way that may have prior rights and/or require relocation. 3. Any additional dedication and offsite improvement requirements will be determined by MCDOT Traffic based on a submitted TIA/TIS and the above roadway classifications. a. if a TIA/TIS has been previously submitted, approval is valid for one year. If review for construction is not underway within this time period, MCDOT may request an updated traffic report to assess any changes in condition. 4. Applicant to notify ADOT of proposed project through the Red Letter Process, RedLetter@azdot.gov, due to the proximity to the Loop 202 and the future SR-30. 5. Applicant to contact the City of Phoenix to connect to the eastern half of 67th Avenue. g. The property owners and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. h. Noncompliance with any of the conditions assigned to the approval of this Zone Change by the Maricopa County Board of Supervisors may be grounds for revocation in accordance with the requirements and procedures as set forth in the Maricopa County Zoning Ordinance. i. 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 revocation 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. (C-44-27-003-X-00)

Attachments (1)