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February 8, 2023 Z2022151 Page 1 of 3 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: February 8, 2023 Case #/Title: Z2022151 – SWC 115th & Happy Valley Commercial Supervisor District: 4 Applicant/Owner: Chris Webb, Rose Law Group pc / Imperial Development LLC Request: Zone Change with Overlay from Rural – 43 to C-2 CUPD Site Location: Approximately 310’ south of the SWC of Happy Valley Rd. and 115th Ave. Site Size: Approximately 2.1 acres County Island Status: Yes (City of Peoria, City of Surprise) Additional Comments: The applicant is seeking the proposed zone change with overlay to facilitate future commercial development. No Plan of Development has been submitted at this time. The applicant is specifically seeking reductions in speaker box setback from rural or residential zoning as well as a reduction in screening requirements due to the approximately 900’ between the subject parcel and Loop 303 being State Trust Land and the only other adjacent parcel to the north being unlikely to develop a residential use due to proximately to freeway access as well as the presence of floodway on the property. There are no outstanding concerns from reviewing agencies. Commission Recommendation: On 1/12/23, the Commission voted 8-0 to recommend approval of Z2022151 subject to conditions ‘a’ – ‘f’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Overall site Plan“, consisting of 1 full-size sheets, dated December 12, 2022 and stamped received December 12, 2022, 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. February 8, 2023 Z2022151 Page 2 of 3 b. Development of the site shall be in substantial conformance with the Narrative Report entitled “SWC 115th Ave and Happy Valley Road”, consisting of 17 pages, dated December 12, 2022 and stamped received December 12, 2022, except as modified by the following conditions. c. The following Planning Engineering Conditions shall apply: 1. 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 site layout, 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. 2. An updated traffic impact study addressing MCDOT’s comments must be submitted with future entitlement (POD) application(s). 3. 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. d. The following CUPD standards shall apply: 1. Uses Permitted: a. Uses allowed in C-1 b. Automobile laundry c. Drive-in restaurants & refreshment stands d. Restaurants & cafes including patios, cocktail lounges, and outside dinning and drinking areas e. Retail stores f. Self-storage facilities g. Accessory uses incidental to the above 2. Min. setback of speaker box to rural or residential zoning districts: 50’ 3. Min. site screening: 3’ parking screen wall e. 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 February 8, 2023 Z2022151 Page 3 of 3 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 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: Joseph Mueller, Planner Reviewed by: Darren Gérard, AICP, Planning Manager Attachment: 1/12/23 P&Z Packet (31 pages) Note: 1/12/23 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. Z2022151 Page 1 of 7 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2022151 – SWC 115th & Happy Valley Commercial Hearing Date: January 12, 2023 Supervisor District: 4 Applicant: Chris Webb, Rose Law Group pc Owner: Imperial Development LLC Request: Zone Change with Overlay from Rural – 43 to C-2 CUPD Site Location: Approximately 310’ south of the SWC of Happy Valley Rd. and 115th Ave. Site Size: Approximately 2.1 acres Density: N/A County Island: Yes (City of Peoria, City of Surprise) County Plan: White Tank / Grand Ave Area Plan - Small Lot Residential (2-5 du/acre) Municipal Plan: Peoria – Employment Business Commerce Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions Z2022151 Page 2 of 7 Project Summary: 1. The applicant is seeking a zone change from Rural – 43 to C-2 CUPD. The CUPD Overlay is intended to reduce screening requirements, reduce speaker box setback to rural or residential zoning, as well as limit the uses allowed on site. The request is for a conceptual zone change and no Plan of Development has been submitted. 2. The subject parcel has no recent history. A pre-application meeting was held on July 13, 2021. This application was submitted July 29. 2021 and the Technical Advisory Committee meeting was held on September 6, 2022. REGULATION BASE ZONING DISTRICT REGULATIONS (C-2) PROPOSED ZONING REGULATIONS (C-2 CUPD) Height 40’ 40’ Min. Front Yard 10’ 10’ Min. Side Yard 3’/10’(abutting rural or residential) 3’/10’(abutting rural or residential) Min. Rear Yard 25’ (abutting rural or residential) 25’ (abutting rural or residential) Min. Lot Area 6,000 sq. ft. 6,000 sq. ft. Min. Lot Width 60’ 60’ Max. Lot Coverage 60% 60% Uses Permitted All uses permitted in the C-2 zoning district *Uses permitted are limited to: Uses allowed in C-1, automobile laundry, drive-in restaurants & refreshment stands, restaurants & cafes including patios cocktail lounges and outside dinning and drinking areas, retail stores, self- storage facilities, and accessory uses incidental to other allowed uses Min. Setback of speaker box to rural or residential zoning districts 200’ 50’ Site Enclosure and screening –abutting a rural zoning district ≥6’ high solid masonry wall when abutting rural zoning district, and site enclosure of ≥6’ high with building walls, walls or fences of any view obscuring material. Min. 3’ Parking screen wall on north and west boundary Z2022151 Page 3 of 7 2022 Aerial Zoning Exhibit Existing On-Site and Adjacent Zoning / Land Use: 3. On-site: Rural – 43 / Vacant North: Rural – 43 / Vacant South: 115th Ave then C-3 / Self Storage Z2022151 Page 4 of 7 East: 115th Ave then C-1 / Petrol Station West: Rural – 43 / Vacant Utilities and Services: 4. Water: EPCOR Wastewater: EPCOR School District: Peoria Unified School District Fire: Arizona Fire and Medical Authority Police: Maricopa County Sheriff’s Office Right-of-Way: 5. The following table includes existing and proposed half-width right-of-way and the future classification based upon the Maricopa County Department of Transportation (MCDOT) Major Streets and Routes Plan. Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification 115th Ave 60’ 40’ Major Collector Adopted Plans: 6. PlanPeoriaAZ 2040 (adopted December 2020): Employment Business Commerce is envisioned as high grade office space suitable for corporate headquarters, research and incubator space as well as light industrial uses. The plan details these uses as developing into campus like settings. 7. White Tank / Grand Ave Area Plan (adopted December 6, 2000): Small lot single family residential with urban services such as fire protection, sewer, and water service. Public Participation Summary: 8. The applicant performed public participation to meet minimum requirements. The site was posted in two locations and property owners within 300’ along with interested parties were notified of the proposal via a mailer sent through USPS. As of writing this report the applicant has not made staff aware of any response generated from the public participation. Outstanding Concerns from Reviewing Agencies: 9. N/A. Staff Analysis: 10. The original request and narrative presented to staff was requesting straight C-2 zoning but the proposed uses were mostly uses that could be accommodated by C-1 zoning. Staff suggested the applicant seek C-1 zoning as the lowest intensity zoning district to support proposed uses is preferred. The applicant modified his request to seek C-2 CUPD. The CUPD Overlay will limit the entitled uses to those allowed in C-1 as well as a handful of C-2 uses, mostly drive-through type uses (restaurant, car wash, etc.). Staff feels these Z2022151 Page 5 of 7 uses are appropriate for the site as it is in close proximity to the intersection of a major collector and a principal arterial as well as entry/exit ramps to Loop 303. Several nearby parcels have recently undergone similar zone change requests and similar uses are either under construction or recently completed in the immediate area. 11. The CUPD will also vary the zoning district’s development standards. The first is a reduction to the minimum required 200’ setback to 50’ for a drive-through speaker box from rural or residential zoning. As all property zoned Rural-43 within 200’ of the subject property is either owned by the Maricopa County Department of Transportation or is vacant State Trust Land. While this land potentially will be transferred to private ownership in the future staff has no concern over the speaker box reduction. The applicant is also requesting a reduction in screening requirements from a minimum 6’ view obstructing wall to a 3’ parking screen wall on the north and west boundaries of the site. Staff has no concerns over this request for the same reasons stated above. It should be noted that the curved southeastern lot line is across 115th Ave. from both C-3 and C-1 zoning and would not require screening. Recommendation: 12. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2022151 subject to the following conditions ‘a’ – ‘f’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Overall site Plan“, consisting of 1 full-size sheets, dated December 12, 2022 and stamped received December 12, 2022, 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 “SWC 115th Ave and Happy Valley Road”, consisting of 17 pages, dated December 12, 2022 and stamped received December 12, 2022, except as modified by the following conditions. c. The following Planning Engineering Conditions shall apply: 1. 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 site layout, 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. 2. An updated traffic impact study addressing MCDOT’s comments must be submitted with future entitlement (POD) application(s). 3. 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 Z2022151 Page 6 of 7 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. d. The following CUPD standards shall apply: 1. Uses Permitted: a. Uses allowed in C-1 b. Automobile laundry c. Drive-in restaurants & refreshment stands d. Restaurants & cafes including patios, cocktail lounges, and outside dinning and drinking areas e. Retail stores f. Self-storage facilities g. Accessory uses incidental to the above 2. Min. setback of speaker box to rural or residential zoning districts: 50’ 3. Min. site screening: 3’ parking screen wall e. 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. 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 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. Z2022151 Page 7 of 7 Presented by: Joseph Mueller, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Site Plan/Land Use Plan (reduced 8.5”x11”, 1 page) Narrative Report (17 pages) MCESD comments (1 page) DPR comments (2 pages) MCDOT comments (2 Pages) MARICOPA COUNTY / Maricopa County Planning & Development - Phoenix, AZ 4 Gross Acres: 2.11 approx. Generated January 3, 2023 13:29 PM Z2022151 Application Name: Legal Description SWC 115th & Happy Valley Commercial EDR Applicant Case Address , Chris Webb for Rose Law Group 25206 N 115TH Ave Applicant Phone/Email Parcel Primary:201-21-054E 480.240.5648 cwebb@roselawgroup.com SUN CITY AZ 85373 Map scale 1:989 Supervisor District No. ZONE CHANGE FROM RU-43 TO C-2 CUPD FOR PROPOSED COMMERCIAL SITE 5.3585 in N 115TH AVE 25' L.S. 20' EXIST. DIRT ROAD SECTION LINE 25' L.S. 10' L.S. FLOODWAY HEADWALL FLOOD WAY FLOOD PLAIN L=59'± N0°20'20"E 390.01' S89°44'42"E 388.47' RURAL-43 RURAL-43 STATE TRACT G.L.O. LOT 53 G.L.O. LOT 54 65' R.O.W. 65' R.O.W. 10' L.S. L=55'± R=835' L=445.37' DEVELOPABLE AREA - APPROX. 59,500sf 201-21-054E 91,838sf (2.11ac) SUSTAINABILITY ENGINEERING GROUP 220305 PRE- APPLICATION THIS DRAWING IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF SUSTAINABILITY ENGINEERING GROUP, AND SHALL REMAIN THEIR PROPERTY. THE USE OF THIS DRAWING SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH IT IS PREPARED AND PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH USE. 8280 E. GELDING DRIVE SUITE 101, SCOTTSDALE, ARIZONA 85260 WWW. AZSEG.COM TEL. 480.588.7226 FAX 480.259.3534 2022 06 01 BH BH AF AF BH 12/12/2022 2022 06 01 2022 06 01 2022 06 01 2022 06 01 SEG SEG HAPPY VALLEY COMMERCIAL OVERALL SITE PLAN OVERALL SITE PLAN SCALE: 1" = 20' 0' 20' 40' 60' SWC 115TH AVE & W HAPPY VALLEY , SUN CITY, ARIZONA A1.1 SITE PLAN GENERAL NOTES: 1. MENU BOARDS CONTAINING SPEAKERS SHALL NOT BE LOCATED ANY CLOSER THAN TWO-HUNDRED (200) FEET TO A RURAL OR RESIDENTIAL ZONE. (OUR CURRENT DESIGN LAYOUT SHIELDS THE DRIVE THROUGH LANES / PICK UP WINDOWS AND INHERENT SOUND BY BEING BACK TO BACK, HOWEVER OUR CLOSEST MENU BOARD IS APPROXIMATELY 110' FROM OUR PROPERTY LINE, ADDITIONAL SCREENING CAN BE APPLIED). 2. SITE VISIBILITY TRIANGLES ARE TO BE 25'X25'. SWC 115th Ave & Happy Valley Road A PLANNED COMMERCIAL DEVELOPMENT REQUEST FOR ZONE CHANGE WITH OVERLAY RU-43 TO C-2 CUPD South of the SWC of 115th Ave. & Happy Valley Rd. CASE # Z2022151 July 27, 2022 Revised November 8, 2022 Revised December 12, 2022 Imperial Development LLC – SWC 115th Avenue and Happy Valley Road PROJECT TEAM PROPERTY OWNER Imperial Development LLC Rohit Tripathi 4600 E. Washington St. Suite 300 Phoenix, AZ 85034 (480) 330-8107 rohit@rohittripathi.com PROPERTY OWNER REPRESENTATIVE Chris Webb 7144 E. Stetson Dr. Suite 300 Scottsdale, AZ 85251 (480) 240-5648 cwebb@roselawgroup.com ENGINEER/ARCHITECT Ali Fakih 8280 E Gelding Drive #101 Scottsdale, AZ 85260 (480) 588-7226 ALI@azseg.com TABLE OF CONTENTS I. Purpose of Request ............................................................................................................................. 1 II. Site Analysis ......................................................................................................................................... 1 III. Description of Proposal ...................................................................................................................... 2 IV. Relationship to Surrounding Properties ........................................................................................... 4 V. Location & Accessibility ..................................................................................................................... 5 VI. Circulation System (On & Off-Site) .................................................................................................. 5 VII. Development Schedule ........................................................................................................................ 5 VIII. Community Facilities & Services .................................................................................................... 5 IX. Public Utilities & Services .................................................................................................................. 5 X. Compliance with County Comprehensive Plan & City General Plan ............................................ 6 Imperial Development LLC – SWC 115th Avenue and Happy Valley Road | 1 I. Purpose of Request The subject property, comprised of APN 201-21-054E and located just south of the southwest corner of 115th Avenue and Happy Valley Road (the “Site), is vacant unimproved land owned by Imperial Development LLC (the “Property Owner”) and is currently zoned RU-43 within unincorporated Maricopa County. Exhibit A – Vicinity Map depicts the Site and surrounding area. The extension of the Loop 303 freeway in 2003 brought growth to the area, including the expansion of the City of Peoria’s jurisdictional boundary and development of County land. As growth and development steadily continues around Loop 303, this location is ideal for an array of commercial opportunities for local residents to enjoy. This area around the newly developed Loop 303 will inevitably be developed to provide services to all new homes and industries in the area. With the adjacent site to the east recently zoned as C-1 CUPD and approved for a QuikTrip gas station, new commercial development on the Site will continue to bring small commercial services to the area which is greatly lacking as it is currently developed. The purpose of this request submitted by Rose Law Group pc, on behalf of the Property Owner, is a Zone Change for the 2.11-acre Site from Rural-43 (RU-43) to Intermediate Commercial (C-2) with a Commercial Unit Plan of Development (CUPD) Overlay. The Zone Change to Intermediate Commercial (C-2) is intended to allow for commercial/retail uses such as fast food/coffee, gas station, and/or car wash uses as permitted under the C-2 zoning designation. The Commercial Unit Plan of Development (CUPD) Overlay is intended to allow the Site to operate with greater flexibility in development standards to facilitate the creation of this new commercial development. The proposed commercial development is envisioned to provide the surrounding community with new commercial uses that will serve nearby residents and passing commuters. This will continue to enhance growth around the Loop 303 area, while simultaneously meeting market demands. II. Site Analysis A. Site Location The Site is approximately 2.11 acres located within unincorporated Maricopa County, just south of the southwest corner of 115th Avenue and Happy Valley Road. The Site is a triangular shaped parcel with approximately 457 feet of frontage along the curvature of 115th Avenue as it approaches Happy Valley Road. Approximately 625 feet to the north of the Site lies the City of Peoria’s jurisdictional boundary, and further to the west is the jurisdictional boundary of the City of Surprise. The Site is located approximately 800 feet southwest of the Happy Valley Road/Loop 303 interchange. B. Existing Conditions The Site is currently vacant and undeveloped, bordered by vacant undeveloped property on its north and west sides, and planned commercial development on its east and south sides. The property east of the Site was recently approved for a zone change (#Z2019009) to allow commercial uses for a QuikTrip gas station. The property south of the Site was also approved for a zone change (#Z2016068) for a commercial self-storage center. The Loop 303 freeway is located just west of the Site, past the vacant and undeveloped State Trust Land. Imperial Development LLC – SWC 115th Avenue and Happy Valley Road | 2 Due to the realignment of 115th Avenue, which curves to the east off of the section line adjacent to the Site, the Site has been burdened by an existing 33-foot patent easement and future 55-foot right-of-way along its western boundary (the 115th Avenue section line alignment). The Property Owner recently completed the abandonment of the patent easement (abandonment recorded as Document No. 2022-0398144, a copy has been provided with this request) and has secured approval from MCDOT of a ROW Waiver Request for future right-of-way which is no longer needed (a copy has been provided with this request). The Site’s legal frontage is therefore its eastern boundary or its frontage along the curvature of 115th Avenue. Additionally, the Site contains Special Flood Hazard Areas associated with the Twin Buttes Wash that traverses the site. The Site contains both regulated floodplains and a floodway. To accommodate the unique shape of the Site and the location of the Twin Buttes Wash, the developed portion of the Site will be located fully outside of the floodway and will allow ample room for the Twin Buttes Wash. III. Description of Proposal The Site is located within the Maricopa County White Tank/Grand Avenue Area Plan and is designated as “Small Lot Residential (2-5 du/ac)” and “Mixed Use Employment”. The Site is also located within the City of Peoria’s planning area boundary, where it is designated “Employment Business Commerce” in the Peoria General Plan, with a small portion where the Twin Buttes Wash is located designated as “Park / Open Space”. However, due to the small size of the Site, the proposed Zone Change does not require an amendment to the White Tank/Grand Avenue Area Plan, the County’s Comprehensive Plan, or the Peoria General Plan. The proposed Zone Change will facilitate development of the Site with neighborhood friendly commercial/retail uses. The proposed CUPD will allow all permitted uses within the C-1 zoning district, as well as those permitted uses in the C-2 zoning district identified in Table 1 – Permitted Uses below. Any uses not identified in Table 1 shall not be permitted. Table 1: Permitted Uses Base Zoning District Use Description C-1 All permitted uses per MCZO Article 803.2 C-2 Automobile Laundry (aka Car Wash) C-2 Drive-In Restaurants & Refreshment Stands C-2 Restaurants & Cafes, including patios, cocktail lounges, and outside dining and drinking areas C-2 Retail Stores C-2 Self-Storage Facilities C-2 Accessory Buildings & Uses customarily incidental to the above As depicted in Exhibit B – Conceptual Site Plan, the CUPD will establish the applicable development standards and perimeter landscaping/screening requirements for the development, with flexibility provided for future pad development once the actual uses are determined. Access will be from the Site’s only street frontage, 115th Avenue, and will be aligned with the existing access point on the east side of the street. The proposed underlying “Intermediate Commercial” (C- Imperial Development LLC – SWC 115th Avenue and Happy Valley Road | 3 2) zoning and CUPD Overlay will provide more flexible development standards for this uniquely shaped site. The proposed development standard deviations are outlined below in Table 2 – C-2 Development Standards Comparison herein. Sample conceptual commercial elevations are provided in Exhibit C – Conceptual Building Elevations. All County parking requirements will be met. Parking screen walls and a landscape buffer will be provided along 115th Avenue, with additional larger landscape buffers provided on the northern and western boundaries of the Site (see Exhibit D – Conceptual Landscape Plan). Now that the Loop 303 is complete, with Happy Valley Road connecting the City of Peoria to the Loop 101 and Vistancia to the northwest, this area is ripe for commercial development. With the extensive growth taking place along the Loop 303, it is inevitable that the area around the Site will continue to develop to provide services to all the new homes and industries flooding into the area. The proposed development for the Site will continue to bring in small commercial services to the area which is greatly lacking as residential development is booming. Proposed Development Standards The proposed development standards, including deviations to the C-2 development standards, are described in Table 2: C-2 Development Standards Comparison. The Site will comply with all the general C-2 base zoning district regulations. Specifically, the only development standard deviations proposed for the Site are a reduction in the allowed proximity of a drive-thru speaker to a Rural or Residential Zone from 200 feet to 50 feet, and certain screening modifications. The proposed 50-foot distance and screen modifications are necessary and justified for the Site because of its very small size, odd triangular shape, and relative isolation due to the Twin Buttes Wash, and the vacant, undeveloped condition of the adjacent ASLD land which has Rural zoning. As noted on Exhibit D – Conceptual Landscape Plan, the northeastern portion of the Site will not be developed due to the Twin Buttes Wash floodway, thereby providing a natural buffer from adjacent development. Additionally, the adjacent ASLD land to the west is anticipated to remain vacant and undeveloped for quite some time. Finally, a significant landscape buffer will be provided along the northern and western boundaries. Consequently, a reduction in the proximity of drive-through speakers to Rural/Residential zones and the use of a 3’ screening wall (in-lieu of a 6’ wall) along the northern and western sides of the Site will not compromise buffering or quality of life for any future adjacent development. Approval of these deviations will allow for additional site planning flexibility to ensure the most beneficial flow of traffic throughout the Site. Table 2: C-2 Development Standards Comparison Regulation Base Zoning District Regulations (C-2) Proposed Zoning District Regulations (C-2 CUPD) Maximum Height 40' 40’ Min. Front Yard (East) 10’ 10’ Min. Side Yard 10'/3’ 10’/3’ Min. Street-Side Yard 10' 10’ Min. Rear Yard (West) 25' 25’ Minimum Lot Area 6,000 sq ft 6,000 sq ft Min. Lot Width 60' 60’ Imperial Development LLC – SWC 115th Avenue and Happy Valley Road | 4 Maximum Lot Coverage 60% 60% Screening 6’ solid wall 3’ parking screen wall on north & west boundary Drive-Through Menu Board Regulations Number of Menu Boards (Max) 1 per business 1 per business Maximum Square Feet 32 sq feet 32 sq feet Maximum Height 7’ 7’ Speaker Proximity to a Rural or Residential Zone (Min.) 200’ 50’ IV. Relationship to Surrounding Properties Given the Site’s longstanding vacant and undeveloped status, the proposed development is envisioned to positively impact the surrounding area as it will bring much needed commercial opportunities to the emerging Loop 303 area. With the rapid development surrounding the Loop 303, including housing, commercial, and retail, the almost entirely vacant, undeveloped area surrounding the Site will grow into a multitude of commercial uses ready to serve the community. Overall, the development of the proposed commercial project will result in an improvement to the area’s economic vitality and will continue the trend of developing commercial establishments near the Loop 303 and Happy Valley Road interchange. Adjacent property to the west of the Site is State Trust Land that is similarly vacant and undeveloped. Just past this undeveloped land to the west lies the Loop 303 freeway, approximately 800 feet away from the Site. The property immediately north of the Site is owned by the Maricopa County Department of Transportation and remains vacant. However, directly east and south of the Site are two commercially zoned parcels. Directly south of the Site lies an existing self-storage center zoned C-3 CUPD. And directly east of the Site across 115th Avenue lies a parcel that recently went through a zone change to C-1 CUPD (see Exhibit A – Vicinity Map). Along with the recent zone change, the parcel to the east recently received the necessary approvals to develop a “QuikTrip” gas station, making this request even more fitting for the area. Since the surrounding properties are primarily vacant, undeveloped and commercial, the proposed C-2 CUPD zoning for the Site is consistent with existing land use patterns and is suitable for the area. Table 3: Surrounding Uses, Comprehensive Plan and Zoning Designations below provides a summary of existing and surrounding land uses. Table 3: Surrounding Uses, Comprehensive Plan, & Zoning Designations Land Uses Comprehensive Plan Zoning Site Vacant Mixed-Use Emp./Small Lot Residential (2-5 du/ac) RU-43 North Vacant Small Lot Residential (2-5 du/ac) RU-43 East Vacant/Future QuikTrip Small Lot Residential (2-5 du/ac) C-1 CUPD South Existing Storage Building Mixed Use Employment C-3 CUPD West Vacant Small Lot Residential (2-5 du/ac) RU-43 Imperial Development LLC – SWC 115th Avenue and Happy Valley Road | 5 V. Location & Accessibility The Site is conveniently located approximately 800 feet southeast of the Happy Valley Road/Loop 303 interchange, making it highly accessible to both local and regional traffic. Such proximity to the interchange allows travelers passing by along the Loop 303 to conveniently access the Site. Further, the Site fronts along 115th Avenue just south of Happy Valley Road, where both residents and travelers will have seamless access to and from the proposed commercial uses on the Site via the access point on 115th Avenue, which will be aligned with the existing access point on the east side of the street. Ample parking will be provided, meeting or exceeding the County’s requirements. VI. Circulation System (On & Off-Site) Off-site circulation and access will occur from the curved eastern property line on 115th Avenue via the proposed access point. Any necessary improvements to 115th Avenue adjacent to the Site will be at the cost of the developer, unless otherwise stated. The Site will be designed to promote excellent internal circulation, parking, and queuing as necessary to serve the end users, with traffic feeding in an out of the Site access on 115th Avenue. VII. Development Schedule It is anticipated that development of this commercial project will commence in 2023 immediately upon approval of this Rezoning request and the subsequent Site Plan and improvement plan/permit approvals. Actual timing of development will depend upon market conditions. VIII. Community Facilities & Services The Site is located within the Peoria Unified School District boundary and specifically designates Zuni Hills Elementary and Liberty High School as the applicable schools, though the proposed commercial development will not generate any students or impact these schools. Nearby public parks include Alta Vista Park located approximately two miles southeast of the Site. The Site lies south of the Maricopa Trail (Pleasant Parkway) which begins just west of the Site at the Happy Valley Road and 119th Avenue intersection and travels northeast ending just north of the Loop 303 and Lake Pleasant Parkway intersection. The Site also lies just west of the Agua Fria River and north of multiple golf clubs including Corte Bella Golf Club, Stardust Golf Course, Briarwood Country Club, Hillcrest Golf Club, and many others. Sun City West, Lake Pleasant Towne Center and Camino a Lago Marketplace are all within close proximity of the site and offer commercial resources. IX. Public Utilities & Services The Site will have access to all necessary public utilities and services such as refuse, sewer, water, electric, police and fire. The following entities will provide services to the Site: • Water – EPCOR (will-serve letter provided with this request) Imperial Development LLC – SWC 115th Avenue and Happy Valley Road | 6 • Sewer – EPCOR (will-serve letter provided with this request) • Refuse – Private Company • Electric – Arizona Public Service • Police – Maricopa County Sheriff’s Office • Fire – Arizona Fire and Medical Authority (will-serve letter provided with this request) X. Compliance with County Comprehensive Plan & City General Plan As noted above and as dictated by the County Comprehensive Plan, the Site is located within the Maricopa County White Tank/Grand Avenue Area Plan and is designated as “Small Lot Residential (2-5 du/ac)” and “Mixed Use Employment”. However, due to the small size of the Site, the proposed Zone Change does not require an amendment to the White Tank/Grand Avenue Area Plan or the County’s Comprehensive Plan, which allow for changes of this type. The request is therefore deemed to be in compliance with the Area Plan and the Comprehensive Plan. The Site is also located within the City of Peoria’s planning area boundary, where it is designated “Employment - Business Commerce” in the Peoria General Plan, with a small portion where the Twin Buttes Wash is located designated as “Park/Open Space”. The small portion of the Site designated “Park/Open Space” will not be developed but will instead be left essentially as-is to preserve the existing wash corridor, consistent with the intent of the Peoria General Plan. The rest of the Site will be developed with limited commercial uses that will support future employment uses and growth in the surrounding area, as contemplated by the Peoria General Plan within the “Employment - Business Commerce” designation. This request is therefore in compliance with the Peoria General Plan. Imperial Development LLC – SWC 115th Avenue and Happy Valley Road Exhibit A – Vicinity Map SUBJECT PROPERTY APN 201-21-054E SWC 115th Avenue & Happy Valley (Commercial) Vicinity/Parcel Map Imperial Development LLC – SWC 115th Avenue and Happy Valley Road Exhibit B – Conceptual Site Plan N 115TH AVE 25' L.S. 20' EXIST. DIRT ROAD SECTION LINE 25' L.S. 10' L.S. FLOODWAY HEADWALL FLOOD WAY FLOOD PLAIN L=59'± N0°20'20"E 390.01' S89°44'42"E 388.47' RURAL-43 RURAL-43 STATE TRACT G.L.O. LOT 53 G.L.O. LOT 54 65' R.O.W. 65' R.O.W. 10' L.S. L=55'± R=835' L=445.37' DEVELOPABLE AREA - APPROX. 59,500sf 201-21-054E 91,838sf (2.11ac) SUSTAINABILITY ENGINEERING GROUP 220305 PRE- APPLICATION THIS DRAWING IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF SUSTAINABILITY ENGINEERING GROUP, AND SHALL REMAIN THEIR PROPERTY. THE USE OF THIS DRAWING SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH IT IS PREPARED AND PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH USE. 8280 E. GELDING DRIVE SUITE 101, SCOTTSDALE, ARIZONA 85260 WWW. AZSEG.COM TEL. 480.588.7226 FAX 480.259.3534 2022 06 01 BH BH AF AF BH 12/12/2022 2022 06 01 2022 06 01 2022 06 01 2022 06 01 SEG SEG HAPPY VALLEY COMMERCIAL OVERALL SITE PLAN OVERALL SITE PLAN SCALE: 1" = 20' 0' 20' 40' 60' SWC 115TH AVE & W HAPPY VALLEY , SUN CITY, ARIZONA A1.1 SITE PLAN GENERAL NOTES: 1. MENU BOARDS CONTAINING SPEAKERS SHALL NOT BE LOCATED ANY CLOSER THAN TWO-HUNDRED (200) FEET TO A RURAL OR RESIDENTIAL ZONE. (OUR CURRENT DESIGN LAYOUT SHIELDS THE DRIVE THROUGH LANES / PICK UP WINDOWS AND INHERENT SOUND BY BEING BACK TO BACK, HOWEVER OUR CLOSEST MENU BOARD IS APPROXIMATELY 110' FROM OUR PROPERTY LINE, ADDITIONAL SCREENING CAN BE APPLIED). 2. SITE VISIBILITY TRIANGLES ARE TO BE 25'X25'. Imperial Development LLC – SWC 115th Avenue and Happy Valley Road Exhibit C – Conceptual Building Elevations