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Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: August 4, 2021 Case #/Title: Z2021035 – 55th Ave and Baseline Supervisor District: 5 Applicant/Owners: Heather Personne, Evolve Ventures / Phil & Sandra Lassen and Jan Kenny Request: Zone change from Rural-43 to C-2 Site Location Generally located at the SWC and SEC of 56th Ave. and Baseline Rd. in the Laveen area Site Size: Approximately 2.44 acres County Island Status: Yes (Phoenix) Additional Comments: The applicant requests to rezone two parcels from Rural-43 to C-2 in order to develop as future commercial neighborhood services along Baseline Rd. The site is within the municipal planning area of the City of Phoenix which designates the site as commercial. The request is in conformance with the City’s land use designation. Staff has not received any correspondence on the request and there is no known opposition. There are no outstanding concerns from reviewing agencies. Commission Recommendation: On 7/8/21, the Commission voted 7-0 to recommend approval of Z2021035 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Narrative Report consisting of 6 pages, dated May 7, 2021, and stamped received May 19, 2021, except as modified by the following conditions. b. 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 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. August 4, 2021 Z2021035 Page 1 of 3 2. A traffic impact study must be submitted with future entitlement (preliminary plat or POD) application(s). 3. R/W dedication along the development site’s Baseline Road frontage may be required as part of any future entitlement application(s). Coordinate dedication with the City of Phoenix. 4. 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. c. 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. d. 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. e. 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. 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. g. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years for each subsequent phase, within which time the initial construction permit for each phase must be obtained. August 4, 2021 Z2021035 Page 2 of 3 Presented by: Rachel Applegate, Senior Planner Reviewed by: Darren Gerard, AICP, Planning Manager Attachment: 7/8/21 P&Z Packet (15 pages) Note: 7/8/21 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. August 4, 2021 Z2021035 Page 3 of 3 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2021035 – 55th Ave and Baseline Hearing Date: July 8, 2021 (Cont. from June 17, 2021) Supervisor District: 5 Applicant: Heather Personne, Evolve Ventures Owners: Phil & Sandra Lassen / Jan Kenny Request: Zone change from Rural-43 to C-2 Site Location: Generally located at the SWC and SEC of 56th Ave. and Baseline Rd. in the Laveen area Site Size: Approximately 2.44 acres Density: N/A County Island: Yes (Phoenix) County Plan: Laveen Area Plan – Small Lot Residential (2-5 d.u./ac.) Municipal Plan: City of Phoenix General Plan - Commercial Municipal Comments: Received from City of Phoenix regarding annexation Support/Opposition: None Known Recommendation: Approve with conditions Z2021035 Page 1 of 6 Project Summary: 1. The applicant is requesting to rezone roughly 2.5 acres along Baseline Road on the east and west sides of 56th Avenue (APNs 300-02-061B and 300-02-078A) from Rural-43 to C-2 to accommodate additional commercial uses complementary to nearby development along the Baseline Rd. corridor. This application does not include a request to deviate any of the C-2 zoning district standards. The parcels in this area around 56th Ave. to the west and 55th Ln. to the east constitute a county island surrounded by the City of Phoenix. Other properties along Baseline Rd. between 51st Ave. and 59th Ave. are zoned commercial within the City. These City properties are zoned C-2 or intermediate zoning and contain a combination of restaurants and retail businesses. Immediately to the east of the subject properties is an existing C-2 parcel for Spurr Lounge, a local restaurant and bar. Though vendors have not been finalized for the subject parcels pursuing the rezoning, they are likely to be neighborhood services in the form of an auto parts service center and/or a quick serve restaurant. 2. A Technical Advisory Committee meeting was held on April 4, 2021 to address the technical merits of the proposal. Prior to that meeting, the applicants had been pursuing rezoning of a third (additional) parcel and a more intense use of C-3 zoning on all 3 parcels. This was due to the perceived requirement of C-3 zoning to allow for the kinds of businesses which the applicant wished to entertain on the subject properties. These concerns and others were addressed by members of the planning department and resulted in the removal of a parcel from the initial proposal (APN 300-02-095C) and a lowering of intensity requested to C-2 zoning on the remaining two properties. The removed property is the home of the mentioned Spurr Lounge and is currently zoned C- 2. 2020 Aerial Photo Z2021035 Page 2 of 6 Zoning Map of subject properties and existing C-2 to the east, City of Phoenix jurisdiction to the north and west of subject site. 3. It should be noted that since the applicant is proposing a site plan (required plan of development, POD) and although the zone change is a legislative approval, the POD is administratively approved. Therefore, POD approval is contingent upon prior rezoning approval. Existing On-Site and Adjacent Zoning / Land Use: 4. On-site: Rural-43 / Single Family Residence and Vacant North: R-S City of Phoenix / Baseline Rd. and then Single Family Residence South: Rural-43 / Single Family Residence East: C-2 / Commercial Bar & Restaurant West: S-1 Phoenix /Utility Utilities and Services: 5. Water: City of Phoenix Wastewater: City of Phoenix School District: Laveen Elementary School District Fire: Laveen Fire District Police: Maricopa County Sheriff’s Office Z2021035 Page 3 of 6 Right-of-Way: 6. R/W dedication along the development site’s Baseline Road frontage may be required as part of any future entitlement application(s). Dedication with the City of Phoenix is not required at this time. Street Name Half-width Existing Half-width Proposed Future Classification R/W R/W Baseline Road 58’ 58’ City of Phoenix R/W - Major Arterial 56th Ave. 25’ 25’ Local Adopted Plans: 7. Laveen Area Plan: (adopted February 1992): the plan designates the parcel in this area as Small Lot Residential (2-5 d.u./ac.). Since the site is 2.44 acres, the site is below the 40 acre threshold required to change the land use designation. 8. City of Phoenix General Plan (adopted 2015): The city designates the sites as Commercial. The proposed rezone is consistent with the City’s land use designation. Public Participation Summary: 9. The applicant posted the property and notified all property owners within 300’ of the subject site in accordance with the Maricopa County Public Participation Guidelines. Registered areas of interest were contacted by the applicant and staff regarding the rezoning request. 10. The applicant discussed the zone change with the Laveen Citizens for Responsible Development (LCRD) at a meeting on June 7, 2021. In an updated Citizen Participation Results Report, the applicant states that the LCRD is requesting a condition to this application to require the Plan of Development application with site plan, elevations, landscape plans and signage be presented an approved by the LCRD. The applicant states they have agreed to the request by LCRD. Staff notes, that the Plan of Development process is an administrative process to be reviewed and approved by staff without secondary routing to external agencies. This agreement will need to be coordinated between the applicant and LCRD, staff does not support a condition to address this request, as the County is not able to enforce on a condition requiring coordination, presentation and approval by the LCRD. The report also states that LCRD would like the end users of the site to coordinate with the City of Phoenix on streetscape improvements to Baseline Road. Staff notes, Baseline Rd. is within the City of Phoenix jurisdiction, so coordination for driveway access will be required in coordination with the City of Phoenix. To date, staff has not received any opposition to the rezoning application or received any comments from the LCRD on the application. Outstanding Concerns from Reviewing Agencies: 11. None received. Staff Analysis: Z2021035 Page 4 of 6 12. The subject sites are bordered by City of Phoenix jurisdiction and right-of-way. This means that despite the jurisdictional difference, the uses of the nearby large parcels should be considered. The commercial businesses around the intersection of 51st Ave. and Baseline provide value added services for the nearby residential communities. Given that the subject sites are along the same right-of-way as nearby shopping centers and commercial uses, and given that all other nearby residential properties have smaller lot sizes than the subject sites, new commercial uses on these parcels should be considered in concert with the surrounding area, especially since the new zoning would allow for additional businesses to cater to the community’s needs. 13. The sites have the potential for future annexation into the City of Phoenix; however, during the process of this rezoning application, consultation with City of Phoenix planning staff determined annexation is not required or requested at this time, and further, if the applicant wished to annex the sites into the city’s jurisdiction, the cost of connecting to utilities would become cost-prohibitive. 14. Baseline Road is a major roadway and as such experiences a large volume of traffic and noise. Rezoning the sites to allow for a commercial use would prevent nuisance experienced by residents occupying these sites if the current zoning were to remain. Further, the commercial development standards are stricter when adjacent to residential properties requiring screening of all parking areas and storage materials. Development of these sites for commercial purposes would further insulate the remaining residential community from noise, light, and other nuisances generated by traffic with the infrastructure required of commercial properties. Recommendation: 15. For the reasons outlined in this report, staff recommends the Commission motion for Approval, subject to conditions ‘a’ – ‘g’. a. Development of the site shall be in substantial conformance with the Narrative Report consisting of 6 pages, dated May 7, 2021, and stamped received May 19, 2021, except as modified by the following conditions. b. 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 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. 2. A traffic impact study must be submitted with future entitlement (preliminary plat or POD) application(s). 3. R/W dedication along the development site’s Baseline Road frontage may be required as part of any future entitlement application(s). Coordinate dedication with the City of Phoenix. 4. 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 Z2021035 Page 5 of 6 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. c. 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. d. 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. e. 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. 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. g. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years for each subsequent phase, within which time the initial construction permit for each phase must be obtained. Presented by: Warren Rivera, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Narrative Report (6 pages) MCDOT comments (1 pages) MCESD comments (1 pages) Z2021035 Page 6 of 6 MARICOPA COUNTY Date: 05/24/2021 Legal Description: T1S, R2E, Section 5 Applicant: Heather Personne Phone: 602-738-0911 Z2021035 Case Address: 7601 S 56TH AVE LAVEEN 85339 Parcel: 300-02-078A & Aerial Date: 2020 300-02-061B SUPERVISORAL DISTRICT NO 3 Rezoning two Rural – 43 parcels 300-02-078A and 300-02-061B to C-2 Commercial Zoning. Narrative Report May 7, 2021 55th Avenue/Baseline Rezoning PZ2021035 purpose of request The applicant is requesting to rezone roughly 2.5 acres along Baseline Road on the east and west sides of 56th Avenue (APNs 300-02-061B and 300-02- 078A) from RU-43 to C-2 to accommodate additional commercial uses complementary to nearby development along the Baseline Road corridor. description of proposal The site plan accompanying this application shows examples of the types of commercial buildings that would likely be developed on the Property under the new zoning. We anticipate a mix of single or multi-tenant retail buildings providing a range of neighborhood services, including restaurants, automotive service uses and retail shops. The individual end users will separately process their plans of development through the Maricopa County Planning Department for approval. Minor Land Divisions will be submitted for processing concurrently, if required. While exact users are not known at this time, we anticipate a combination of restaurants, automotive service and general neighborhood retail. All uses will comply with the guidelines for the C-2 zoning district and will not include adult- oriented businesses or dispensaries. Additional detail about hours of operation, employee count, building colors and materials, signage and screening will be included in the separate submittals. relationship to surrounding properties The property up and down the Baseline Road corridor is generally developed for commercial use similar to what would be permitted under the zoning designation being requested with this application. Additional neighborhood serving commercial uses will benefit the surrounding area. Recent nearby development is consistent with this request. Following is a summary of the uses surrounding the Property subject to this request: North - Baseline Road and green belt (City of Phoenix zoning S-1) East - Spurr Lounge (County zoning C-2) South - Combination of residential, Meguel's Auto Shop and Laveen Auto Works (Maricopa County zoning RU-43) West - Green belt (City of Phoenix zoning S-1) 40 30 20 10 0 2021 2023 2025 2027 2029 location and accessibility The subject Property is located along Baseline Road east and west of 56th Avenue. APN 300-02-078A is on the east side of 56th Avenue. This parcel will have access from 56th Avenue, and we will also pursue a curb cut on Baseline Road with the City of Phoenix. APN 300-02-061B is on the west side of 56th Avenue. This parcel will have access from 56th Avenue and Baseline Road via existing curb cuts. circulation system A conceptual site plan is included with this application which shows an illustrative plan for the improvements and circulation to be included in the future development. The adjacent streets (Baseline Road and 56th Avenue) have already been improved. Exact details for on-site improvements and circulation will be reflected in the individual plans of development to be submitted by the end users. development schedule The subject Property will be developed by the individual end users as leases are signed. At this time, we anticipate APN 300-02-078A to be the first phase of development with two buildings, likely automotive service and restaurant uses, constructed in early to mid 2022. The development of APN 300-02- 061B will likely follow 6-12 months behind and is expected to have similar uses. More detail on timing will be included in the individual plans of development to be submitted by the end users. community facilities and services The subject Property is located within the Laveen Elementary School District and the Phoenix Union High School District. Nearby amenities include the Cheatham Farms Community Park and the Aguila Golf Course. public utilities and services The subject Property will connect to utilities through the following sources: Water - City of Phoenix Sewer - Septic or City of Phoenix Power - Salt River Project The Property will be subject to City of Phoenix impact fees for utility services. Maricopa County Planning & Development Department Date: April 22, 2021 Jeri Loucks, P.E.C.F.M Planning & Development 501 North 44th Street, Suite 200 Memo To: Darren Gerard, AICP, Deputy Director, Department of Planning & Phoenix, Arizona 85008 Phone: (602) 506-6332 Development Fax: (602) 506-3282 www.maricopa.gov/planning Email address: Attn: Sean Watkins, Planner, Planning & Development Services JeriLoucks@mail.maricopa.gov From: Jeri Loucks, P.E., Engineering Supervisor, Planning & Development Services cc: Michael Norris, P.E., Engineering Manager, Planning & Development Subject: Z2021035 - Zone Change from C2 to C3 (300-02-095C) and RU-43 to C3 (300-02-078A & 300-02-061B) (E1 Memo) Job Site Address: 5501 West Baseline Road, Laveen, AZ 85339 APN(s): 300-02-095C, 300-02-078A, & 300-02-061B Engineering Review has reviewed the plans and report submittal date stamped 04/05/2021 for the subject application. Engineering Review has no objections to this application provided any approval includes the following stipulations: 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 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. 2. A traffic impact study must be submitted with future entitlement (preliminary plat or POD) application(s). 3. R/W dedication along the development site’s Baseline Road frontage may be required as part of any future entitlement application(s). Coordinate dedication with the City of Phoenix. 4. 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. Please contact me if you have any questions or require any additional information. Maricopa County Environmental Services Department Water and Waste Management Subdivision Infrastructure & DATE: April 6, 2021 Planning Program 1001 N. Central Avenue #150 Phoenix, Arizona 85004 TO : Warren Rivera, Planning & Development Dept. Phone: (602) 506-1058 Fax: (602) 506-5813 Planner TDD 602 506 6704 FROM: Souren Naradikian, P.E. Senior Civil Engineer SUBJECT: Rezone to C-3. Z2021035 The Maricopa County Environmental Services Department (MCESD) has reviewed revised documents received from the Maricopa County Planning and Development Department for the above referenced projects. This request is for Rezone to C-3 at APN # 300-02-061B, 300-02-078A & 300-02-095C. Water service COP and sewer service will be provided by COP, MCESD has no concerns, ATC for water and sewer must be obtained prior to construction permit approval if applicable. Based on the above, MCESD raised no objection to this project to the Planning & Development Department in Accela Automation on April 6, 2021 and can allow the project to proceed at this time subject to the following stipulations: Stipulations: None It should be noted that this document does not approve the referenced project. Comments are provided only as advisory to Maricopa County Planning and Development Department to assist staff to prepare a staff report. 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 regulations in force at the time of application.