Z2021016 BOS REPORT.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date: May 19, 2021
Case #/Title: Z2021016 – Tempe Dance West Laveen
Supervisor District: 5
Applicant/Owner: Benjamin Graff, Quarles and Brady LLP / Sandra Guerrero
Request: Zone Change with Overlay from Rural-43 to C-2 CUPD with a
Plan of Development (POD) for a dance studio
Site Location: Generally located approx. 1080’ southeast of the SEC of 35th
Ave. and Baseline Rd. in the Laveen area
Site Size: Approx. 1.24 acres
County Island Status: Yes, Laveen
Additional
Comments: The applicant seeks a Zone Change with Overlay from Rural-
43 to C-2 CUPD with a Plan of Development (POD) for a
dance studio. The subject property is identified as Urban
Residential/Low (0 - 6 d.u./acre) land use in the Laveen Area
Plan and a Large Lot Residential (1 - 2 d.u./acre) land use in
the Phoenix General Plan. Comments were received by the
City of Phoenix on the first submittal of the proposal regarding
consistency of the proposed zone change to the City of
Phoenix General Plan and adherence to City of Phoenix C-2
zoning district development standards such as setbacks, lot
coverage, height, and landscaping. The applicant
responded to these comments stating that general plan
amendments are not required for sites under 10 acres and
that the site design meets all noted City of Phoenix
development standards except for 50’ side setbacks. The
applicant feels that these setbacks are excessive and would
leave little room for development. Staff concurs with the
applicant and notes that staff received no further comments
from the City of Phoenix for subsequent submittals. No
comments were received from other relevant municipalities.
Staff received no letters of support or opposition to the
request.
May 19, 2021
Z2021016
Page 1 of 3

Commission
Recommendation: On 4/22/21, the Commission voted 8-0 to recommend
approval of Z2021016 subject to conditions ‘a’ – ‘g’:
a. Development of the site shall be in substantial conformance with the Site Plan
entitled “Tempe Dance West Laveen“, consisting of 3 full-size sheets, dated March
25, 2021, and stamped received March 25, 2021, except as modified by the
following conditions.
b. Development of the site shall be in substantial conformance with the Narrative
Report entitled “Tempe Dance West Laveen”, consisting of 9 pages, dated April
1, 2021, and stamped received April 1, 2021 except as modified by the following
conditions.
c. The following Planning Engineering conditions shall apply:
1. Retention basins must drain within 36 hours.
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 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.
3. Detailed Grading and Drainage Plans showing the new site improvements
must be submitted for approval and acquisition of building permits.
4. Prior to the issuance of the building permit the applicant will need to obtain
a SWPPP permit from Maricopa County PND.
d. The following C-2 CUPD Zoning District standards shall apply:
1. Parking – 1 space required per 400 sq. ft. of floor area for dance school,
daycare or preschool. All other permitted uses shall be subject to Chapter 11
requirements for commercial or public assembly uses.
2. Sight Visibility Triangles – Waiver of all required sight visibility triangles
3. Uses Permitted – All uses are prohibited except for the following uses:
conservatories or studios (art, dancing or music and related performances); art
galleries; day nurseries and nursery schools; photographer’s and artist’s studios,
and; accessory buildings and uses customarily incidental to the above listed
uses.
e. 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.
f. 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.
May 19, 2021
Z2021016
Page 2 of 3

g. 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, and at the time of expiration of the Zone Change, 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, or the expiration of the Zone Change, 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 or expiration of the Special Use
Permit. 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: Adam Cannon, Planner
Reviewed by: Darren Gerard, AICP, Planning Manager
Attachment: 4/22/21 P&Z Packet (24 pages)
Note: 3/11/21 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
May 19, 2021
Z2021016
Page 3 of 3

Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case: Z2021016 – Tempe Dance West Laveen
Hearing Date: April 22, 2021
Supervisor District: 5
Applicant: Benjamin Graff – Quarles & Brady LLP
Owner: Sandra Guerrero
Request: Zone Change from Rural-43 to C-2 CUPD with a Plan of Development
(POD) for a dance studio
Site Location: Generally located approx. 1,080’ southeast of the SEC of 35th Ave.
and Baseline Rd. in the Laveen area
Site Size: Approx. 1.24 acres
Density: N/A
County Island: Yes, Phoenix
County Plan: Laveen Area Plan – Urban Residential/Low (0-6 d.u./acre)
Municipal Plan: Phoenix General Plan – Large Lot Residential (1-2 d.u./acre)
Municipal Comments: City of Phoenix
Support/Opposition: None received
Recommendation: Approve with conditions
Z2021016
Page 1 of 8

Project Summary:
1. Property owner Sandra Guerrero is requesting a Zone Change from Rural-43 to C-2 CUPD
with a Plan of Development for a new dance studio. The subject property is located in
the Laveen area approx. 1,080’ southeast of the SEC of 35th Avenue & Baseline Road and
is designated as Urban Residential/Low (0 - 6 d.u./acre) in the Laveen Area Plan and
Large Lot Residential (1-2 d.u./acre) in the Phoenix General Plan. The net area of the site
is approx. 1.24 acres and is a portion of a larger 3.53 acre site. Approx. 2.29 acres of the
site will remain under the Rural-43 zoning district.
2. The subject site will be utilized as a dance studio and function as such. The subject site
will be developed in two phases with a 9,300 sq. ft. structure developed in the first phase
and a 3,600 sq. ft. expansion developed in the second phase. There are 33 total parking
spaces proposed including 2 required ADA spaces. Dance instruction will occur
intermittently from Monday through Saturday during regular business hours. There are 10
employees total with 3-4 on site at a given time for instruction. Lighting will conform to
Section 1112 of the Maricopa County Zoning Ordinance and be shielded and directed
downward to ensure nearby residential neighborhoods are not impacted. Landscaping
areas will include drought-tolerant flora spread throughout the site with a variety of trees,
shrubs and accents. No violation cases are present on the site.
3. The subject site is currently zoned Rural-43. The applicant is requesting to change the
zone to C-2 CUPD. The base C-2 zone and requested zoning standards for the C-2 CUPD
district are listed below:
BASE ZONING
PROPOSED ZONING REGULATIONS
REGULATION DISTRICT
(C-2 CUPD)
REGULATIONS (C-2)
Height 40’ 40’
Min. Front Yard 10’ 10’
Min. Side Yard 10’ 10’
Min. Street-Side Yard 10’ 10’
25’ (abutting rural or
Min. Rear Yard 25’ (abutting rural or residential)
residential)
Min. Lot Area 6,000 sq. ft. 6,000 sq. ft.
Min. Lot Width 60’ 60’
Max. Lot Coverage 60% 60%
1 per 400 sq. ft. for dance school
and/or daycare preschool. All
Parking Spaces other permitted uses shall be
1 per 250 sq. ft.
Required subject to Chapter 11
requirements for commercial or
public assembly uses
6’ solid masonry wall
adjacent to or 6’ solid masonry wall adjacent to
Screening/Buffering abutting any rural or or abutting any rural or residential
residential zone zone boundary
boundary
Z2021016
Page 2 of 8

Required. Driveways
Sight Visibility
and parking are not Not Required
Triangles
permitted within SVTs
Chapter 14, Section
Chapter 14, Section 1401 & 1403
Sign Regulations 1401 & 1403 of
of MCZO
MCZO
Uses permitted are limited to
conservatories or studios (art,
dancing or music and related
All uses permitted in performances); art galleries; day
Uses Permitted the C-2 zoning nurseries and nursery schools;
district photographer’s and artist’s
studios, and; accessory buildings
and uses customarily incidental to
the above listed uses
4. 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.
5. The applicant is requesting to vary standards for parking. For parking, the applicant
proposed a 1 per 400 sq. ft. parking standard as the spaces will be primarily for pick-up
and drop-off of dance students. Additionally, the owner can provide any overflow
parking that occurs during pick-up and drop-off at the abutting daycare property. This
proposed standard for parking will only apply for the proposed dance studio use and/or
a daycare or preschool use if the use changes in the future. All other permitted uses shall
comply with Chapter 11 parking standards.
6. The applicant is also requesting to vary required site visibility triangles. The MCZO specifies
that 25’x25’ sight visibility triangles are to be provided at the property line where all
access points are present and at the corner of properties with an intersection. Sight
visibility triangles are not necessary on this site as this site has an interior drive and is
separated from Baseline Road by another parcel.
7. In consultation with Staff, the applicant is requesting to limit the permitted uses to the
dance studio and uses similar to a dance studio such as conservatories or studios (art,
dancing or music and related performances); art galleries; day nurseries and nursery
schools; photographer’s and artist studios, and; accessory buildings and uses customarily
incidental to the aforementioned uses. Staff indicated that the site should be limited to
the dance studio use only; however, the applicant proposed additional uses to preserve
the marketability of the site in the event the proposed studio is commercially
unsuccessful.
Z2021016
Page 3 of 8

Exhibit 1 – 2020 Aerial Map
Exhibit 2 – Rural-43 Zoning District and Surrounding Zoning Districts
Z2021016
Page 4 of 8

Exhibit 3 – Site Plan Excerpt
Existing On-Site and Adjacent Zoning / Land Use:
8. On-site: Rural-43 / Vacant
North: Rural-43 & C-2/ Commercial - Daycare
South: Rural-43 / Single-Family Residential
East: Rural-43 / Single-Family Residential
West: Rural-43 & City of Phoenix R1-10 / Single-Family Residential
Utilities and Services:
9. Water: City of Phoenix
Wastewater: City of Phoenix
Fire: Laveen Fire District
Police: MCSO
Z2021016
Page 5 of 8

Right-of-Way:
10. 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 Half-width Proposed R/W Existing Classification Future Classification
Existing R/W
Baseline Rd. 75’ 75’ City of Phoenix City of Phoenix
Adopted Plans:
11. Laveen Area Plan (Adopted: 1992): The Laveen Area Plan identifies this site as Urban
Residential/Low (0-6 d.u./acre). The Urban Residential/Low category denotes areas
where increased urban residential density development is appropriate and urban
services (sewer, water, law enforcement, fire protection, schools, parks, etc.) are
available or will be provided.
12. City of Phoenix General Plan (Adopted: 2015): The subject property is designated as a
Large Lot Residential (1-2 d.u./acre) land use in the City of Phoenix General Plan. The
large lot land use category provides for very low density residential uses to protect and
preserve low density areas in their present or desired character.
Public Participation Summary:
13. The applicant complied with the Maricopa County Citizen Review Process with the
required posting of the site and notification by first class mail to adjacent property owners
within 300’ of the subject parcel and interested parties. The applicant submitted a
Citizens Participation Results Report. According to the report, the applicant reached out
to Kimberly Antone of the Gila River Indian Community and Phil Hertel of the Laveen
Citizens for Responsible Development. No concerns were received. Likewise, Staff has
received no concerns from nearby property owners regarding the zone change request.
14. The City of Phoenix commented on the 1st submittal of the zone change application. In
summary, the comment letter noted that the zone change request is not consistent with
the City of Phoenix General Plan land use of Large Lot Residential and recommended
that the applicant meet City of Phoenix development standards under their C-2 zoning
district. The applicant responded to these comments in their narrative and the Citizens
Participation Results Report noting that general plan amendments are not required for
sites under 10 acres and that the proposed development meets lot coverage, maximum
height, lighting, landscaping and most setback standards for under City of Phoenix
standards. The standard that the development does not meet are required 50’ side
setbacks. The applicant notes that adherence to this standard would leave little room
for development. According to the Citizens Participation Results Report, the applicant
contacted the City of Phoenix twice to discuss the comments with no response. Staff
routed the 2nd submittal of the application to the City of Phoenix. No additional
comments were received by Staff.
Z2021016
Page 6 of 8

Outstanding Concerns from Reviewing Agencies:
15. N/A
Staff Analysis:
16. Staff is supportive of this Zone Change request to Commercial with proposal for a dance
studio. The proposed development is a relatively low intensity use that occurs within
appropriate hours of operation for a commercial use situated next to residential uses.
Parking concerns of Staff are addressed through the proposed development standards
and by the ability of the owner to situate any potential overflow in the daycare parking
to the north. The applicant has provided a landscaping plan with their site plan featuring
a variety of drought-tolerant plants spread plentifully throughout the subject property.
The request for modified sight visibility triangles is appropriate as the driveway leading to
the site is an internal drive and does not front a public street. Additionally, the request to
limit potential site uses to similar uses occurred in consultation with Staff. The applicant
has addressed City of Phoenix concerns associated with City of Phoenix development
standards and Staff feels that the City of Phoenix side setback requirement of 50’ is overly
cumbersome to a development of this type. Staff received no additional comments from
the City of Phoenix following the applicant’s resubmittal. Staff believes that the applicant
has acted in good faith to notify nearby owners of the proposed change and to provide
ample opportunity to make comments. No concerns have been received by Staff.
Recommendation:
17. 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 Site Plan
entitled “Tempe Dance West Laveen“, consisting of 3 full-size sheets, dated March
25, 2021, and stamped received March 25, 2021, except as modified by the
following conditions.
b. Development of the site shall be in substantial conformance with the Narrative
Report entitled “Tempe Dance West Laveen”, consisting of 9 pages, dated April
1, 2021, and stamped received April 1, 2021 except as modified by the following
conditions.
c. The following Planning Engineering conditions shall apply:
1. Retention basins must drain within 36 hours.
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 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.
Z2021016
Page 7 of 8

3. Detailed Grading and Drainage Plans showing the new site improvements
must be submitted for approval and acquisition of building permits.
4. Prior to the issuance of the building permit the applicant will need to obtain
a SWPPP permit from Maricopa County PND.
d. The following C-2 CUPD Zoning District standards shall apply:
1. Parking – 1 space required per 400 sq. ft. of floor area for dance school,
daycare or preschool. All other permitted uses shall be subject to Chapter 11
requirements for commercial or public assembly uses.
2. Sight Visibility Triangles – Waiver of all required sight visibility triangles
3. Uses Permitted – All uses are prohibited except for the following uses:
conservatories or studios (art, dancing or music and related performances); art
galleries; day nurseries and nursery schools; photographer’s and artist’s studios,
and; accessory buildings and uses customarily incidental to the above listed
uses.
e. 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.
f. 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.
g. 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, and at the time of expiration of the Zone Change, 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, or the expiration of the Zone Change, 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 or expiration of the Special Use
Permit. 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: Adam Cannon, Planner
Reviewed by: Matthew Holm, AICP, Planning Supervisor
Attachments: Case Map (1 page)
Site Plan (reduced 8.5”x11”, 3 pages)
Narrative Report (9 pages)
Engineering Comments (1 page)
MCESD Comments (1 page)
City of Phoenix Comments (1 page)
Z2021016
Page 8 of 8

MARICOPA COUNTY
Application Name: Tempe West Dance (Laveen) EDR
Legal Description
T01S R02E 2, T1S R02E 02
Applicant Applicant Phone/Email
602.229.5683
Benjamin Graff for Quarles & Brady LLP benjamin.graff @quarles.com
Z2021016
Case Address Parcel Primary: 300-14-084B
Generated April 2, 2021 10:19 AM Gross Acres: 1.25 approx. Map scale 1:817
Supervisor District No. 5
REZONE FROM RU-43 TO C-2 (POSSIBLE CUPD) TO ALLOW FOR A DANCE STUDIO LOCATED AT A
PORTION OF PARCEL NO. 300-14-084B (3247 W. BASELINE ROAD, LAVEEN).
/
Maricopa County Planning & Development - Phoenix, AZ

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85251
TEMPE DANCE WEST LAVEEN e
r
u ARIZONA
t
ETHIC c
1 ENVIRONMENTS
e
planting key notes plant legend t
project consultants
i SCOTTSDALE,
botanical name h
architecture: 1 PROPERTY LINE / RIGHT OF WAY LINE common name e c
trees r 480.225.7077
MOR STUDIO 2 2 DECOMPOSED GRANITE IN ALL PLANTING AREAS a AVE
PO BOX 5824 CAESALPINIA CACALACO e NEW
CARFREE , ARIZONA 85377 8 3 SITE LIGHTING. SEE ARCH. PLANS. 'SMOOTHIE' p
CONTACT: MICHELLE RUTKOWSKI THORNLESS CASCALOTE DESIGN a SCOTTSDALE
PHONE: 602.617.3552 4 ACCESSIBLE RAMP. SEE CIVIL ENG. PLANS. s
EMAIL:michelle@morstudio.com 1 PARKINSONIA PRAECOX d
landscape architecture: 11 5 SIDEWALK. PALO BREA n FORGING
a EAST
DESIGN ETHIC, LLC 6 EXISITNG WALL. SEE ARCH. PLANS. PISTACIA X. RED PUSH
7525 EAST 6TH AVENUE RED PUSH PISTACHE l
SCOTTSDALE, ARIZONA 85251 7 CURB. SEE CIVIL ENG. PLANS. 7525
PROJECT CONTACT: BRANDON PAUL 2 PROSOPIS CHILENSIS
PHONE: 480.225.7077 8 EXISTING POWER POLE. 'THORNLESS'
EMAIL:bpaul@designethic.com 2 THORNLESS CHILEAN MESQUITE
9 EXISTING OVER HEAD ELECTRIC LINE(O.H.E.). . L L A A N N D D S S C C A A P P E E
2 QUERCUS VIRGINIANA R R E E D D R R T T I I F F I I C C A A T T E E N N A A R R
10 ACCESS ROAD SOUTHERN LIVE OAK T T E E C C E E O O . . C C H H
sheet index 6 shrubs G G I I S S 61546 I I T T E E
11 TRASH ENCLOSURE. SEE ARCHITECT'S SITE PLAN. E E R R BRANDON PAUL T. T T C C
SHEET TITLE LEUCOPHYLLUM LANGMANIAE D D a a t t e e
'RIO BRAVO' A A R R I I Z Z S S i i g g n n e e d d . . S S . . A A . .
E x O O N N A A , , U U 2 2
L.01 CONCEPTUAL PLANTING PLAN RIO BRAVO TEXAS RANGER p i r e s 0 3 / 3 1 /
LEUCOPHYLLUM FRUTESCENS
2 4 'GREEN CLOUD'
5 2 GREEN CLOUD SAGE
TECOMA ALATA CALL TWO WORKING DAYS
BEFORE YOU DIG
ORANGE JUBILEE
602-263-1100
TECOMA STANS
YELLOW BELLS 1-800-STAKE-IT
accents
6 (OUTSIDE MARICOPA COUNTY)
DASYLIRION WHEELERI
DESERT SPOON
9 7 HESPERALOE PARVIFLORA
RED YUCCA
HESPERALOE FUNIFERA
1 GIANT HESPERALOE NORTH
6 MUHLENBERGIA RIGENS
DEER GRASS 0' 20' 40' 60'
groundcover
ACACIA REDOLENS SCALE: 1" = 20'-0"
DESERT CARPET
LANTANA MONTEVIDENSIS
10 PURPLE LANTANA
LANTANA 'NEW GOLD'
inerts NEW GOLD LANTANA
2
LAVEEN
2 1" MINUS DECOMPOSED GRANITE PLAN
TABLE MESA BROWN
5
COUNTY
WEST PLANTING
DANCE
MARICOPA,
CONCEPTUAL
W. BASELINE ROAD
LN.
32ND
SITE SOUTH TEMPE TITLE:
W. BEAUTIFUL LN. PROJECT:
SHEET
W. FAWN DR. 10 1 1
JOB NO: 20-103
AVENUE AVENUE DATE:
DRAWN BY: B. PAUL
35TH 27TH SUBMITTED: 12.07.2020
REVISED:
SOUTH SOUTH
WEST SOUTH MOUNTAIN AVE.
SHEET
vicinity map
L.01 of L.01
not to scale

12.18.20
12.18.20 - ZONE CHANGE APPLICATION

Tempe Dance West Laveen
NARRATIVE REPORT
related to a request for a
Zone Change
(from RU-43 to C-2 CUPD)
and a
Precise Plan of Development
To allow for the development of a dance studio on approximately
1.24 acres located approximately 1,080-feet Southeast of the Southeast corner
of 35th Avenue and Baseline Road in the Laveen area of unincorporated
Maricopa County; APN 300-14-084B (portion)
VICINITY MAP
Avenue Baseline Road PROPERTY
35th
N
n.t.s.
Application #: Z2021016
Date Submitted / Revised: January 28, 2021 / April 1, 2021

INTRODUCTION:
This request is for a zone change from Rural-43 to C-2 CUPD, along with a Site Plan / Precise
Plan of Development, on approximately 1.24 acres located approximately 1,080-feet
Southeast of the Southeast corner of 35th Avenue and Baseline Road in the Laveen area of
unincorporated Maricopa County; a portion of APN 300-14-084B (the “Property”).
The proposed use is a dance studio (“Tempe Dance West Laveen”), and will serve as the
relocation of the existing dance studio located at the Northeast corner of 35th Avenue and
Southern Avenue. There is another dance studio under the same operator located in Tempe
which will remain at that location.
The proposed dance studio will be located south of the existing Kinder Academy. Kinder
Academy has an address of 3259 West Baseline Road, Laveen, AZ 85339. The Kinder
Academy is also zoned C-2 CUPD.
PURPOSE OF REQUEST:
This Narrative Report is included in conjunction with an application for a zone change from
Rural-43 to C-2 (Intermediate Commercial), along with a CUPD (Commercial Unit Plan of
Development), and a Site Plan / Precise Plan of Development, on approximately 1.24 acres
located approximately 960-feet east of the southeast corner of 35th Avenue and Baseline
Road in the Laveen area of unincorporated Maricopa County. The proposed use is a dance
studio, known as “Tempe Dance West Laveen."
The subject Property is the north 330-feet of APN 300-14-084B, with an address of 3247 West
Baseline Road, Laveen, AZ 85339. The southern portion of this same parcel includes a
home/residence, which will remain as a separate parcel. The Property is legally described as
being a portion of Lot 6 of the Young’s Acres subdivision (MCR 17-15).
The subject Property, the existing Kinder Academy daycare center to the north and the
existing single-family residence to the south are all under, and will remain under, the same
ownership.
Intermediate Commercial (C-2) zoning is requested, as a dance studio is listed as a permitted
use in the C-2 zoning district as follows (emphasis added):
14. Conservatories or studios: Art, dancing or music.
The requested C-2 zoning also “matches” the C-2 zoning of the existing Kinder Academy
located to the north of the Property on APN 300-14-084A (as approved under application
Z2015099).
The CUPD is requested primarily to limit the use of the Property to a dance studio and other,
similar low-impact uses, as noted below. The CUPD is also being requested in order to
deviate from the Maricopa County Zoning Ordinance regulations related to sight visibility
triangles and to utilize existing perimeter screening walls, rather than place parallel walls.
Z2021016 (Tempe Dance West Laveen) – Narrative Report
April 1, 2021
Page 2 of 9

DESCRIPTION OF PROPOSAL:
As indicated on the site plan and elevations included with this rezoning request, the proposed
Tempe Dance West Laveen studio will be approximately 9,300 square feet in size and will be
limited to one-story in height (27-feet maximum over the entry along the north elevation, which
is less than the maximum height of 30-feet allowed in the existing underlying Rural-43 zoning
of the Property). While a two-story building was originally contemplated at the time of the pre-
application meeting with the County, the applicant has determined that a one-story building is
more compatible with the surrounding community. A second phase of development is
included in this application, which will allow the building to be expanded an additional 3,600
square feet (and remaining at one-story) under the same rezoning case and Plan of
Development.
The building design is complementary to the area with simple forms. The design pulls from
traditional agricultural design vernacular with a peaked roof and rough sawn lumber canopies.
Colored elevations are included with the submittal and indicate a bronze-colored standing
seam metal roof and smooth sand stucco exterior wall finishes with tan and brown tones.
Windows will utilize a dark bronze frame.
The setback to the west is over 38-feet (nearly 31.5-feet for the Phase II area); the setback
to the east is approximately 20-feet.
Significant landscaping is placed throughout the Property, resulting in a lush appearance to
add to the look of the building. Numerous trees, consisting of thornless Cascalote, thornless
Chilean Mesquite, Palo Brea, Red Push Pistache and Southern Live Oak, are placed along
the perimeter of the Property and near the building in order to provide additional screening
and shaded areas.
The Property will be screened in accordance with Article 804.9 of the Maricopa County Zoning
Ordinance: along the west, north and a portion of the east property perimeter boundaries will
make use of existing approximately 6-foot high solid block walls at these locations. Where
missing along the east property boundary, additional sections of 6-foot high solid block wall
will be placed. Along the southern boundary, a new 6-foot high solid block wall will be placed
(except for the driveway access to the residence to the south, which will be gated).
Access to the Property is via an existing paved driveway onto Baseline Road, which will be
shared with the existing Kinder Academy (per a recorded access easement; copy included).
This access will be paved on the subject Property, as will all parking and circulation areas.
This driveway also presently serves the existing home to the south, and will remain gravel for
the residence to the south (offsite to the subject Property), with a gate at the common
boundary. No access is proposed to the east or west. A 33-space parking area will be
provided, which equates to a ratio of 1 parking space per every 400 square feet of building
area (this ratio applies to the proposed use, dance studio, and/or daycare preschool only. All
other permitted uses shall be subject to Chapter 11 requirements for commercial or public
assembly uses).
Dance instruction occurs during the daytime, two times a week, from 10:00 a.m. to 11:00 a.m.,
during evening hours during the week from 4:00 p.m. to 8:00 p.m., and on Saturday mornings
Z2021016 (Tempe Dance West Laveen) – Narrative Report
April 1, 2021
Page 3 of 9

from 9:00 a.m. to 1:00 p.m. Students are usually picked-up within 15 minutes of the end of a
class. There are no outdoor activities, no outdoor music as all music is internal within the
building, and is usually only a live piano.
Tempe Dance West Laveen will host a once yearly “Winter Performance” on location.
Performances usually take place on a Friday night at 6:00 p.m., or a Saturday afternoon at
2:00 p.m., lasting one hour. Families are invited in groupings of 20-30 families at a time.
Overflow parking on such occasions, if needed, will occur at the existing Kinder Academy to
the north.
Lighting will meet the requirements of Section 1112 of the Maricopa County Zoning
Ordinance. Lighting of the parking areas are at a minimum height of 15-feet to provide
security, and are designed as “full cut-off” shielded lights that are aimed internally so as to
avoid any spillover onto adjacent properties. Special attention has been taken to ensure
lighting will not impact any nearby single-family home owners.
Drainage will also meet Maricopa County requirements; a Preliminary Grading & Drainage
Plan is included with this submittal.
At this time, detailed signage information is not yet available, but will conform to Section 1403
of the Maricopa County Zoning Ordinance. The elevations indicate a possible depiction of
attached signage.
CUPD (“Commercial Unit Plan of Development”):
The CUPD (“Commercial Unit Plan of Development”) overlay is requested to address
permitted and prohibited uses for the Property, as well as to address parking that reflects the
operations of the proposed dance studio.
Permitted & Prohibited Uses:
The C-2 zoning district allows for many commercial-type uses, and this application is
specifically limited to only allow for a short list of uses compatible with the surrounding area.
Under the proposed CUPD (Commercial Unit Plan of Development) overlay, this development
proposes to limited permitted uses to the following:
ƒ Conservatories or studios: Art, dancing or music and related performances (this is the
primary intended use);
ƒ Art Galleries;
ƒ Trade schools;
ƒ Business schools (such as: real estate, secretarial, data processing);
ƒ Daycare/Preschool facility (similar to the Kinder Academy to the north);
ƒ Day nurseries and nursery schools, including a playground and playground equipment
which shall be screened from any adjoining rural or residential zoning district;
ƒ Photographer's and artist's studios, and;
ƒ Accessory buildings and uses customarily incidental to the above listed uses.
Z2021016 (Tempe Dance West Laveen) – Narrative Report
April 1, 2021
Page 4 of 9

All other uses not listed above are prohibited.
The maximum occupancy for the dance studio at any one time is expected to be no greater
than 100 students, instructors, staff and any other attendees, which complies with the
maximum permitted occupancy of 158 for the Phase 1 development per the International
Building Code ("IBC"). The maximum occupancy for any other of the approved uses noted
above shall conform with the IBC Guidelines.
Development Standards:
The CUPD (Commercial Unit Plan of Development) is primarily needed to regulate uses, but
is also needed in regard to sight visibility triangles and to be able to use existing perimeter
screening walls, rather than have parallel walls.
The proposed dance studio development complies with the development standards of the C-
2 zoning district, and other regulations of the MCZO, except as noted in bold font below:
REGULATION BASE ZONING DISTRICT PROPOSED ZONING
REGULATIONS (C-2) REGULATIONS (C-2 CUPD)
Max. Height 40’ 40’
Min. Front Yard 10’ 10’
Min. Side Yard 10’ 10’
Min. Street-side Yard 10’ 10’
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%
1 per 400 sq. ft. for dance
school and/or daycare
preschool. All other permitted
Parking 1 per 250 sq. ft. uses shall be subject to
Chapter 11 requirements for
commercial or public
assembly uses
6’ solid masonry wall adjacent 6’ solid masonry wall adjacent to
Screening/Buffering to or abutting any rural or or abutting any rural or
residential zone boundary residential zone boundary
Required. Driveways and
Sight Visibility
Parking are not permitted within Not Required
Triangles
SVTs
Uses permitted are limited to
Conservatories or studios
Uses Permitted All uses permitted (art, dancing or music and
related performances); Art
Galleries; Trade schools;
Z2021016 (Tempe Dance West Laveen) – Narrative Report
April 1, 2021
Page 5 of 9

Business schools; Day
nurseries and nursery
schools; Photographer's
and artist's studios, and;
accessory buildings and
uses customarily incidental
to the above listed uses.
In many ways, the proposed building and site plan actually exceed the C-2 standards in a
way that will benefit surrounding property owners. The provided setbacks are greater than the
required setbacks noted above, as the side yard setback to the west is over 38-feet (nearly
31.5-feet for the expansion area) and the side yard setback to the east is approximately 20-
feet. Additionally, the maximum height of any portion of the proposed dance studio is 27-feet
(occurs over the entrance along the northern elevation), which is less than the 30-foot
maximum height allowed in the existing underlying Rural-43 zoning district, and far below the
40 foot height limit in C-2.
The CUPD is needed for a request to not provide sight visibility triangles at any point along
the interior drive, nor where it connects to Baseline Road, as the driveway conditions exist
today for the Kinder Academy to the north, which is not part of this application.
Comparison to City of Phoenix C-2 Zoning District:
In a letter regarding this rezoning request from the City of Phoenix, dated February 22, 2021,
the City recommends that if this rezoning request is approved, it should meet, at a minimum,
City of Phoenix C-2 standards for setbacks, landscaping and lighting.
Tempe Dance West Laveen development meets or conforms to the City of Phoenix C-2
zoning district development standards for: (1) front setback (0-feet required; 140-feet
provided) and rear setback (25-feet required/provided); (2) landscaping requirements for
parking areas, perimeter property lines and adjacency to the building, and; (3) lighting that is
designed to reflect away from adjacent residential districts.
Tempe Dance West Laveen also conforms to other C-2 zoning district development standards
related to maximum lot coverage (Phoenix maximum is 50%; 24% maximum is provided), and
maximum height (Phoenix allows up to 2 stories / 30-feet; 1-story / 27-feet provided). The
proposed development does not meet City of Phoenix requirements for the side yard setbacks
based on height (Phoenix requires a setback of 50-feet when the height exceeds 15-feet; 38-
/31-feet & 20-feet provided); however, the setbacks conform to the Maricopa County
requirement of side yard setbacks of 10-feet, the distance from the dance studio to adjacent
structures are approximately 57-feet to the residence to the west and approximately 50-feet
to the nearest residence to the east, and strict compliance with the City of Phoenix side
setbacks of 50-feet would leave little area for development.
In summary, the proposed development meets or exceeds the Maricopa County standards
which govern this specific Property.
Z2021016 (Tempe Dance West Laveen) – Narrative Report
April 1, 2021
Page 6 of 9

CONFORMANCE WITH THE COMPREHENSIVE PLAN:
The Property is located within the Laveen Planning Area (adopted February 18, 1992, as
administered by Maricopa County). Within this planning document, the Property and
surrounding areas are designated for Urban Residential uses (very low densities of 0 – 4
d.u./acre). However, given the overall narrow, bowling-alley shape and size of the Property,
additional residential development of the Property at the allowed density is nearly impossible.
Instead, the proposed use is designed to be a compatible amenity for surrounding low-density
communities.
The proposed dance studio is designed to have no impact on adjacent and nearby residential
uses, will serve the community, and does not meet the threshold for an amendment to the
Maricopa County Comprehensive Plan.
Within the City of Phoenix General Plan, the Property is designated for Large Lot Residential
(1-2 d.u./acre) uses. The Property is located outside of the City of Phoenix, and is under the
jurisdiction of Maricopa County. Even if the Property were located within the City of Phoenix,
a General Plan Amendment would not be required as the size of the Property (1.24 acres) is
less than the 10-acre threshold that is required for an Amendment.
RELATIONSHIP TO SURROUNDING PROPERTIES:
The site is located in the southwest Phoenix area of unincorporated area Maricopa County,
and is immediately adjacent to the City of Phoenix (located to the west).
The use and zoning (and ownership where applicable) of the surrounding properties are as
follows:
North: Kinder Academy daycare facility, zoned C-2 CUPD, and under common ownership
as the Property.
South: Single-family residence, zoned Rural-43, and under the same ownership as the
Property.
East: Vacant and single-family subdivided residential uses, which are also part of the
Young’s Acres subdivision. These properties have been subject to a number of lot
splits. These parcels are under the jurisdiction of Maricopa County and are zoned
Rural-43.
West: Single-family residential uses, zoned Rural-43, under Maricopa County jurisdiction,
and a subdivision (Laveen Meadows 2014), that is located within the City of Phoenix
and is zoned R1-10.
Z2021016 (Tempe Dance West Laveen) – Narrative Report
April 1, 2021
Page 7 of 9

Benefit to Community / Justification for Use:
The benefit for the Laveen community will be the access to a family-oriented dance studio for
residents in the Laveen area. Based on the success and enrollment of the existing facilities
in Laveen (within the Laveen Pavilions commercial center located at the Northeast corner of
35th Avenue and Southern Avenue) and in Tempe, there is a demand for this type of
specialized instruction. The demand is likely to grow with the increase in population in the
Laveen area, which is being hastened by the recent opening of the Loop 202 / South Mountain
Freeway through this area.
The proposed facility on the Property has been designed to accommodate sufficient class
sizes and recital / performance areas while providing buffering and screening from, and
compatibility with, surrounding single-family homes. Additionally, because the Kinder day
care use to the north is under the same ownership, the rare need for additional parking for
recitals can be accommodated by the day care parking lot.
LOCATION & ACCESSIBILITY:
Access to the Property is via an existing paved driveway onto Baseline Road, which will be
shared with the existing Kinder Academy (per a recorded access easement; copy included
with this re-submittal). This access will be paved on the subject Property, as will all parking
and circulation areas. This driveway also presently serves the existing home to the south, and
will remain gravel for the residence to the south (offsite to the subject Property), with a gate
at the common boundary. No access is proposed to the east or west.
Baseline Road is an arterial roadway and is under the jurisdiction of the City of Phoenix; no
additional dedication of right-of-way nor additional improvements are proposed. As indicated
in the email from Derek Fancon, Traffic Engineer with the City of Phoenix and dated January
12, 2021, the City of Phoenix transportation department has no issues with the proposed
dance studio or its access onto Baseline Road via the existing driveway. A copy of this email
is included with this submittal.
CIRCULATION:
As noted above, the site has access via an interior driveway onto Baseline Road, which is
paved on the Kinder Academy site and will be paved on the subject Tempe Dance West
Laveen Property, but will remain gravel for the residence to the south (offsite). Internal
circulation and parking areas will be paved.
A 33-space parking area will be provided, which equates to a ratio of 1 parking space per
every 400 square feet of building area (this ratio applies to the proposed use, dance studio,
and/or daycare preschool only. All other permitted uses shall be subject to Chapter 11
requirements for commercial or public assembly uses). Loading for the dance studio is
surface/drive-up to the front entrance.
Z2021016 (Tempe Dance West Laveen) – Narrative Report
April 1, 2021
Page 8 of 9

DEVELOPMENT SCHEDULE:
The Property is proposed to be developed in two (2) phases; Phase I includes the initial 9,300
square foot dance studio and site improvements. Phase II is a 3,600 square foot expansion
toward the rear of the building. Both Phases are limited to one-story and are permitted under
the requested rezoning case and Plan of Development.
COMMUNITY FACILITIES AND SERVICES:
As this project is non-residential in nature, no community facilities or services are necessary
or are to be provided other than those that support the intended uses on the site. As a dance
studio, it will actually add to the services available to the community.
The nearest park is Cesar Chavez Park, located approximately ¼-mile to the west.
The nearest public schools to the Property are as follows:
High: Cesar Chavez High School – approximately ¾-mile to the west
Elementary: Vista Del Sur Accelerated Academy (Charter) – approximately ¾-mile to the
southwest; Sun Valley Academy (Charter) – approximately 1-mile to the east;
and, Bernard Black Elementary School – approximately 1-mile to the northeast
PUBLIC UTILITIES AND SERVICES:
Police protection will be provided by the Maricopa County Sheriff’s Office. Fire protection will
be provided by the Laveen Fire District (which includes the City of Phoenix as a mutual aid
provider).
Water and wastewater service will be provided by the City of Phoenix.
Electric service is provided by SRP (Salt River Project). Telecommunications services (phone,
cable, and internet) are available from Cox Communications, CenturyLink Communications
and other providers.
The site is located within the Roosevelt Elementary/Phoenix Union High School Districts. As
a non-residential development, no impact to the school district is anticipated.
Z2021016 (Tempe Dance West Laveen) – Narrative Report
April 1, 2021
Page 9 of 9

Maricopa County
Planning & Development Department
Engineering Plan Review
Date: March 22, 2021
James Philbin, P.E.
Planning & Development
501 North 44th Street, Suite 200 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Phoenix, Arizona 85008
Phone: (602) 372-4362 Development
www.maricopa.gov/planning
Email address:
James.philbin@maricopa.gov Attn: Adam Cannon, Planner, Planning & Development Services
From: James Philbin, P.E., Engineer, Planning & Development Services
cc: Michael Norris, P.E., Engineering Manager, Planning & Development
Subject: Z2021016 Re-Zone RU-43 to C-2 POD Dance Studio
APN(s): 300-14-084B
Job Site Address: 3247 W Baseline Road, Laveen AZ 85339
PND Engineering plan review has reviewed the 2nd submittal of the Grading and
Drainage Plan for the subject application, with a routing date of March 15, 2021, and
has no objections:
Standard Stipulations
1. Retention basin(s) must drain within 36 hours.
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 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.
3. Detailed Grading and Drainage Plans showing the new site improvements must be
submitted for approval and acquisition of building permits.
4. Prior to the issuance of the building permit the applicant will need to obtain a
SWPPP permit from Maricopa County PND
Please contact me if you have any questions or require any additional information.

Maricopa County
Environmental Services Department
Water and Waste Management DATE: February 9, 2021
Division
Subdivision Infrastructure &
Planning Program TO : Adam Cannon, Planning & Development Dept.
1001 N. Central Avenue #150
Phoenix, Arizona 85004 Senior Planner
Phone: (602) 506-0376
Fax: (602) 506-5813
TDD 602 506 6704 FROM: Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT: Zone Change from RU-43 to C-2 CUPD. Z2021016
The Maricopa County Environmental Services Department (MCESD) has received
documentation request for the above project. This request is for a Zone Change from
Rural-43 to C-2 (General Commercial) on approximately 1.24 acres located
approximately 960-feet east of the southeast corner of 35th Avenue and Baseline Road
in the Laveen area of unincorporated Maricopa County; APN 300-14-084B (portion).
Based on the submitted documentation, this project is Rezoning to C-2 to allow the
existing business to continue its business operations on the Site under the regulations
of the C-2 Zoning District. Proposed use is a dance studio, known as “Tempe Dance
West Laveen”. Water and wastewater service will be provided by the City of Phoenix.
MCESD has no concerns, ATC must be obtained prior to construction permits approval
if applicable.
Based on the above, MCESD raised no objections to the Planning & Development
Department in in Accela Automation on February 9, 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.