Z2020092 BOS REPORT.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date: April 7, 2021
Case #/Title: Z2020092 – 303 and Olive
Supervisor District: 4
Applicant/Owners: Jacob Zonn, Becker Boards Small, LLC / Family First
Investments, LLC, FHF, LLC, Cromer, LLC, Jetsri Properties, LLC,
and Desert Forrest Nursery, LLC – C/O Forrest Wald
Request: Modification of condition ‘e’ of Z2019129 to vary off-site sign
standards in the C-2 CUPD zoning district
Site Location: Generally located approx. 470’ southwest of the SWC of Olive
Ave. and Loop 303 in the Glendale area
Site Size: Approx. 40 acres
County Island Status: Yes, Glendale
Additional
Comments: The applicant seeks a Zone Change Modification of
Conditions to condition ‘e’ of Z2019129 to vary off-site sign
standards. The subject property is identified as a Rural
Densities (0 - 1 d.u./acre) land use in the White Tank/Grand
Avenue Area Plan and a Regional Mixed Use (RMU) land use
in the Glendale Municipal Plan. The condition modifications
pertain to maximum off-site sign height, maximum sign face
area and minimum off-site sign separation distance. Luke Air
Force Base (LAFB) commented that the request will not have
a negative impact on flight operations and to review sound
attenuation requirements. Comments were received by
ADOT ROW Project Management and City of Buckeye stating
no concerns with the proposal. No comments were received
from the City of Glendale or other relevant municipalities.
Staff received no letters of support or opposition to the
request.
April 7, 2021
Z2020092
Page 1 of 4

Commission
Recommendation: On 3/11/21, the Commission voted 6-0 to recommend
approval of Z2020092 subject to conditions ‘a’ – ‘j’:
a. Development of the site shall comply with the Zoning Exhibit entitled “Loop 303 &
Olive”, consisting of 1 full-size sheet, stamped received July 7, 2020, except as
modified by the following conditions.
b. Development of the site shall be in general conformance with the Narrative Report
entitled “303 & Olive Property Rezone”, consisting of 11 pages, stamped received
July 7, 2020, except as modified by the following conditions. Development of the
site shall also be in conformance with the modification of conditions Narrative
Report entitled, ‘303 & Olive’, consisting of 6 pages dated January 26, 2021 and
stamped received January 26, 2021.
c. The CUPD overlay is applied to restrict the use of the site. Until such time as the site
is served by sewer, uses on the site shall only be those acceptable to the Maricopa
County Environmental Services Department (MCESD) that can be
accommodated by septic systems. A public water system and public sewer
system shall be required prior to establishment of any non-residential use that
requires potable water.
d. The C-2 CUPD shall prohibit the following land uses: Medical Marijuana facilities,
Adult Oriented facilities, Automobile repair shops and garages, and Drive-thrus for
restaurants.
e. The following C-2 CUPD standards shall apply for the offsite (billboard) signage:
1. Max. Height of Off-Site Signs: Max. 70’ on side directly abutting and oriented to
or within 150’ of Loop 303. Max. 45’ on side directly abutting and oriented to
Cotton Lane
2. Maximum sign area: 672 sq. ft.
3. Min. Rear yard setback for APN 501-05-006M: 0’ (east)
4. Min. Setback to Rural-43 zoning: 0’ east and north/50’ south
5. Min. Setback to Rural-43 zoning for illuminated sign: 0’ east and north/50’ south
6. Screening: no screening for billboard or nursery
7. Min. Off-Site Sign Separation Distance: Maximum 2 off-site signs oriented to or
within 150’ of Loop 303 at minimum 700’ separation distance.
8. Off-Site Signs: Maximum of 2 off-site signs permitted on side directly abutting
and oriented to Loop 303. Maximum of 1 off-site sign permitted on side directly
abutting and oriented to Cotton Lane and setback a minimum of 500’ from
the centerline of Olive Avenue. No other off-site signs permitted
f. The following 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 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.
April 7, 2021
Z2020092
Page 2 of 4

2. Dedication of additional right-of-way along Cotton Lane may be required
as part of future site entitlements (i.e. plan of development).
3. A Traffic Impact Study must be submitted with the application for future
entitlements (i.e. plan of development).
4. An application for a CLOMR may be required concurrent with any future
entitlement application that would impact the FEMA Floodplain along
Cotton Lane.
5. Engineering design for site development 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.
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, 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.
h. All buildings subject to noise attenuation as per ARS § 28-8482(B) and Maricopa
County requirements.
i. The master developer shall notify future homeowners that they are located within
the state-defined “territory in the vicinity of a military airport” with the following
language:
“You are buying a home or property in the ‘vicinity of a military airport’ as
described by State of Arizona statute ARS §28-8481. Your house should include
sound attenuation measures as directed by State law. You will be subject to direct
over flights and noise by Luke Air Force Base jet aircraft in the vicinity.
Luke Air Force Base executes over 200,000 flight operations per year, at an
average of approximately 170 overflights per day. Although Luke's primary flight
paths are located within 20 miles from the base, jet noise will be apparent
throughout the area as aircraft transient to and from the Barry M. Goldwater
Gunnery Range and other flight training areas.
Luke Air Force Base may launch and recover aircraft in either direction off its
runways oriented to the southwest and northeast. Noise will be more noticeable
during overcast sky conditions due to noise reflections off the clouds.
April 7, 2021
Z2020092
Page 3 of 4

Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately
midnight, Monday through Friday, but some limited flying will occur outside these
hours and during most weekends.
Such notification shall be recorded on all Final Plats, be permanently posted on
not less than a 3 foot by 5 foot sign in front of all home sales offices, be permanently
posted on the front door of all home sales offices on not less than an 8½ inch by
11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs)
as well as the Public Report and conveyance documents.
j. The applicant shall submit a long-term maintenance plan for Lawrence Lane with
any Plan of Development application.
Presented by: Adam Cannon, Planner
Reviewed by: Darren Gerard, AICP, Planning Manager
Attachment: 3/11/21 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.
April 7, 2021
Z2020092
Page 4 of 4

Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case: Z2020092 – 303 and Olive
Hearing Date: March 11, 2021
Supervisor District: 4
Applicant: Jacob Zonn - Becker Boards Small, LLC
Owners: Family First Investments, LLC, FHF, LLC, Cromer, LLC, Jetsri Properties,
LLC, and Desert Forrest Nursery, LLC – C/O Forrest Wald
Request: Modification of condition ‘e’ of Z2019129 to vary off-site sign
standards in the C-2 CUPD Zoning District
Site Location: Generally located approx. 470’ southwest of the SWC of Olive Ave.
and Loop 303 in the Glendale area.
Site Size: Approx. 40 acres
Density: N/A
County Island: Yes, Glendale
County Plan: White Tank/Grand Avenue – Rural Densities (0-1 d.u./ac)
Municipal Plan: Envision Glendale 2040 (RMU - Regional Mixed Use)
Municipal Comments: City of Buckeye – No Comment
Support/Opposition: None received
Recommendation: Approve with conditions
Z2020092
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Project Summary:
1. Becker Boards Small, LLC has requested the modification of a single condition included
as part of the approved C-2 CUPD conditions in rezoning case Z2019129. The applicant
seeks to vary the standards for height, size and distancing of off-site signage. The subject
property is located in the Glendale area at the southwest corner of Olive Avenue and
Loop 303 and is designated as Rural Densities (0-1 d.u./acre) in the White Tank/Grand
Avenue Area Plan and Regional Mixed Use in the Glendale General Plan. The site consists
of six separate parcels: 501-05-005R, 501-05-006L, 501-05-006M, 501-05-006R, 501-66-005S,
and 501-05-005U (portion of). A portion of the subject site is located within the Olive
Avenue Scenic Corridor.
2. The subject site is utilized as a retail nursery consortium and will be utilized for off-site
signage (billboards), a real estate office and equipment rentals in addition to the nursery
use. There is an approved Agricultural Exemption for the existing nursery on the site. The
request for a condition modification that allows for three off-site signs. Two of the off-site
signs will be oriented to Loop 303 and one will be located oriented to Cotton Lane.
Additionally, Staff have suggested clarifying currently established condition language for
more appropriate zoning interpretation. No violation cases are present on the site.
3. The subject site is currently zoned C-2 CUPD. The approved conditions from the C-2 CUPD
zone change case Z2019129 and requested zoning standards for the condition
modification are listed below:
ZONING DISTRICT PROPOSED ZONING
REGULATION REGULATIONS REGULATIONS
(C-2 CUPD – Z2019129) (C-2 CUPD – Z2020092)
Height 40’ 40’
Min. Front Yard 10’ 10’
Min. Side Yard 10’ 10’
Min. Rear Yard 3’ 3’
Min. Lot Area 6,000 sq. ft. 6,000 sq. ft.
Min. Lot Width 60’ 60’
Max. Lot Coverage 60% 60%
Parking Spaces 1 per 250 sq. ft. of floor
1 per 250 sq. ft. of floor area
Required area
No screening for billboard No screening for billboard
Screening
or nursery or nursery
Maximum of 2 off-site signs
permitted on side directly
abutting and/or oriented to
Loop 303. Maximum of 1
off-site sign permitted on
Off-Site Signs Permitted side directly abutting and
oriented to Cotton Lane
and setback a minimum of
500’ from the centerline of
Olive Avenue. No other off-
site signs permitted.
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Maximum 2 off-site signs
Off-Site Sign oriented to or within 150’ of
1000’
Separation Distance Loop 303 at minimum 700’
separation distance.
Max. 70’ on side directly
abutting and oriented to or
Max. Height of Off- within 150’ of Loop 303.
45’
Site Signs Max. 45’ on side directly
abutting and oriented to
Cotton Lane
Max. Off-Site Sign
672 sq. ft. 672 sq. ft.
Area
Min. Rear (East) Yard
Setback (Only for
0’ 0’
parcel 501-05-006M)
(billboard only)
Min. Setback to RU- 0’ East and North 0’ East and North
43 (billboard only) 50’ South 50’ South
Min. Setback to RU-
0’ East and North 0’ East and North
43 for illuminated off-
50’ South 50’ South
site sign
All Uses Specified in All Uses Specified in
Chapter 8, Section 804, Chapter 8, Section 804,
Article 804.2 of the MCZO Article 804.2 of the MCZO
are permitted except for are permitted except for
Uses Permitted medical marijuana facilities, medical marijuana
adult oriented facilities, facilities, adult oriented
automobile repair shops facilities, automobile repair
and garages, and drive- shops and garages, and
thrus for restaurants. drive-thrus for restaurants.
4. The applicant is requesting that standards be varied for off-site sign height and separation
requirements in order to provide safe freeway viewing of the signs. Staff suggested
modified standards to limit the total number of signs on the site and provide for a buffer
from Olive Avenue to preserve the scenic corridor. Staff also recommended adding
minimum and maximum terms to the setbacks so the developer is not required to
develop right at the proposed property line.
5. Existing language of Z2019129 condition ‘b’.
b. Development of the site shall be in general conformance with the Narrative Report
entitled “303 & Olive Property Rezone”, consisting of 11 pages, stamped received
July 7, 2020, except as modified by the following conditions.
Proposed modification of condition ‘b’ with new language shown as underlined and
bold. Staff notes that the original approved narrative report with Z2019129 will remain
Z2020092
Page 3 of 10

as the original approved document. The change to condition ‘b’ will only reference
the requested modification of condition to address off-site sign standards.
b. Development of the site shall be in general conformance with the Narrative Report
entitled “303 & Olive Property Rezone”, consisting of 11 pages, stamped received
July 7, 2020, except as modified by the following conditions. Development of the
site shall also be in general conformance with the modification of conditions
Narrative Report entitled, ‘303 & Olive’, consisting of 6 pages dated January 26,
2021 and stamped received January 26, 2021.
6. Existing language of Z2019129 condition ‘e’.
e. The following C-2 CUPD standards shall apply for the offsite (billboard) signage:
1. Maximum height: 45’
2. Maximum sign area: 672 sq. ft.
3. Rear yard setback for APN 501-05-006M: 0’ (east)
4. Setback to Rural-43 zoning: 0’ east and north/50’ south
5. Setback to Rural-43 zoning for illuminated sign: 0’ east and north/50’ south
6. Screening: no screening for billboard or nursery
Proposed modification of condition ‘e’ with new language shown as underlined and
bold and removed language shown struck through. This updated language will increase
the off-site sign height to 70’ for signs oriented to Loop 303, decrease off-site sign
distancing requirements to 700’ for signs oriented to Loop 303 and clarify language in the
existing condition.
e. The following C-2 CUPD standards shall apply for the off-site (billboard) signage:
1. Maximum height Max. Height of Off-Site Signs: 45’ Max. 70’ on side directly
abutting and/or oriented to or within 150’ of Loop 303. Max. 45’ on side
directly abutting and oriented to Cotton Lane
2. Maximum sign area: 672 sq. ft.
3. Min. Rear yard setback for APN 501-05-006M: 0’ (east)
4. Min. Setback to Rural-43 zoning: 0’ east and north/50’ south
5. Min. Setback to Rural-43 zoning for illuminated sign: 0’ east and north/50’
south
6. Screening: no screening for billboard or nursery
7. Min. Off-Site Sign Separation Distance: Maximum 2 off-site signs oriented to
or within 150’ of Loop 303 at minimum 700’ separation distance.
8. Off-Site Signs: Maximum of 2 off-site signs permitted on side directly
abutting and oriented to Loop 303. Maximum of 1 off-site sign permitted on
side directly abutting and oriented to Cotton Lane and setback a minimum
of 500’ from the centerline of Olive Avenue. No other off-site signs permitted
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Exhibit 1 - 2020 Aerial Map
Exhibit 2 - C-2 CUPD District and Surrounding Zoning Districts
Z2020092
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Exhibit 3 - Zoning Exhibit
Existing On-Site and Adjacent Zoning / Land Use:
6. On-site: C-2 CUPD / Commercial & Agricultural
North: Rural-43 / Agricultural
South: Rural-43 & R1-6 RUPD / Agricultural, Residential & Vacant
East: Rural-43 & City of Glendale PAD / Loop 303 & Agricultural
West: R1-6 RUPD / Vacant
Utilities and Services:
7. Water: Private Well
Wastewater: Septic
School District: Dysart Unified School District #89
Fire: Rural Metro
Police: MCSO
Right-of-Way:
8. 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.
Z2020092
Page 6 of 10

Street Name Half-width Existing R/W Half-width Proposed R/W Existing Classification
Olive Ave. Varies – 126’ to 190’ Obtained by the County Principal Arterial
for Transportation
Improvement Project
Cotton Ln. 65’ 65’ Principal Arterial
Adopted Plans:
9. White Tank/Grand Avenue Area Plan (Adopted: 2006): This plan identifies the subject site
as having a Rural land use designation (0-1 d.u./ac).
10. City of Glendale General Plan (Adopted: 2016): This plan identifies the subject parcels as
RMU or Regional Mixed Use which is a designation designed to encourage new, multi‐
modal, mixed‐use development in regionally significant areas. RMU’s land use
designation permits a cohesive, large‐scale, mixed‐use planned development fostering
urban, multi‐modal opportunities. RMU developments accommodate a variety of
complementary uses, both physically and functionally integrated, including:
commercial, employment, residential, open space, and other supportive land uses.
Public Participation Summary:
11. The applicant has 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 site. Comments were received by ADOT ROW Project
Management and City of Buckeye stating no concerns with the proposal. Luke Air Force
Base (LAFB) commented that the request will not have a negative impact on flight
operations and to review sound attenuation requirements. To date no comments were
received from neighboring properties. The applicant has submitted a Citizens
Participation Results Report. The report indicated that the applicant did not receive any
comments about the site.
Outstanding Concerns from Reviewing Agencies:
12. N/A
Staff Analysis:
13. Staff is supportive of the request to modify conditions ‘b’ and ‘e’ of Z2019129. The
applicant’s proposal to increase the maximum height of off-site signs to 70’ along the
Loop 303 is consistent with other requests for off-site sign standard modifications on sites
near freeways. The proposed sign height allows for safer visibility of the sign from passerby
travelers on the freeway. Additionally, Staff was able to clarify language to keep the
Olive Avenue Scenic Corridor clear of off-site signage 500’ from Olive Avenue and
suggest that the applicant place the signage in more appropriate areas of the subject
site. The increase in maximum area of the sign is consistent with national off-site sign
standards. No comments were received in opposition to the site. 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.
Z2020092
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Recommendation:
14. For the reasons outlined in this report, staff recommends the Commission motion for
approval, subject to conditions ‘a’ – ‘j’:
a. Development of the site shall comply with the Zoning Exhibit entitled “Loop 303 &
Olive”, consisting of 1 full-size sheet, stamped received July 7, 2020, except as
modified by the following conditions.
b. Development of the site shall be in general conformance with the Narrative Report
entitled “303 & Olive Property Rezone”, consisting of 11 pages, stamped received
July 7, 2020, except as modified by the following conditions. Development of the
site shall also be in conformance with the modification of conditions Narrative
Report entitled, ‘303 & Olive’, consisting of 6 pages dated January 26, 2021 and
stamped received January 26, 2021.
c. The CUPD overlay is applied to restrict the use of the site. Until such time as the site
is served by sewer, uses on the site shall only be those acceptable to the Maricopa
County Environmental Services Department (MCESD) that can be
accommodated by septic systems. A public water system and public sewer
system shall be required prior to establishment of any non-residential use that
requires potable water.
d. The C-2 CUPD shall prohibit the following land uses: Medical Marijuana facilities,
Adult Oriented facilities, Automobile repair shops and garages, and Drive-thrus for
restaurants.
e. The following C-2 CUPD standards shall apply for the offsite (billboard) signage:
1. Max. Height of Off-Site Signs: Max. 70’ on side directly abutting and oriented to
or within 150’ of Loop 303. Max. 45’ on side directly abutting and oriented to
Cotton Lane
2. Maximum sign area: 672 sq. ft.
3. Min. Rear yard setback for APN 501-05-006M: 0’ (east)
4. Min. Setback to Rural-43 zoning: 0’ east and north/50’ south
5. Min. Setback to Rural-43 zoning for illuminated sign: 0’ east and north/50’ south
6. Screening: no screening for billboard or nursery
7. Min. Off-Site Sign Separation Distance: Maximum 2 off-site signs oriented to or
within 150’ of Loop 303 at minimum 700’ separation distance.
8. Off-Site Signs: Maximum of 2 off-site signs permitted on side directly abutting
and oriented to Loop 303. Maximum of 1 off-site sign permitted on side directly
abutting and oriented to Cotton Lane and setback a minimum of 500’ from
the centerline of Olive Avenue. No other off-site signs permitted
f. The following 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 drainage
design, access and roadway alignments. These items will be addressed as
Z2020092
Page 8 of 10

development plans progress and are submitted to the County for further
review and/or entitlement.
2. Dedication of additional right-of-way along Cotton Lane may be required
as part of future site entitlements (i.e. plan of development).
3. A Traffic Impact Study must be submitted with the application for future
entitlements (i.e. plan of development).
4. An application for a CLOMR may be required concurrent with any future
entitlement application that would impact the FEMA Floodplain along
Cotton Lane.
5. Engineering design for site development 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.
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, 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.
h. All buildings subject to noise attenuation as per ARS § 28-8482(B) and Maricopa
County requirements.
i. The master developer shall notify future homeowners that they are located within
the state-defined “territory in the vicinity of a military airport” with the following
language:
“You are buying a home or property in the ‘vicinity of a military airport’ as
described by State of Arizona statute ARS §28-8481. Your house should include
sound attenuation measures as directed by State law. You will be subject to direct
over flights and noise by Luke Air Force Base jet aircraft in the vicinity.
Luke Air Force Base executes over 200,000 flight operations per year, at an
average of approximately 170 overflights per day. Although Luke's primary flight
paths are located within 20 miles from the base, jet noise will be apparent
throughout the area as aircraft transient to and from the Barry M. Goldwater
Gunnery Range and other flight training areas.
Z2020092
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Luke Air Force Base may launch and recover aircraft in either direction off its
runways oriented to the southwest and northeast. Noise will be more noticeable
during overcast sky conditions due to noise reflections off the clouds.
Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately
midnight, Monday through Friday, but some limited flying will occur outside these
hours and during most weekends.
Such notification shall be recorded on all Final Plats, be permanently posted on
not less than a 3 foot by 5 foot sign in front of all home sales offices, be permanently
posted on the front door of all home sales offices on not less than an 8½ inch by
11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs)
as well as the Public Report and conveyance documents.
j. The applicant shall submit a long-term maintenance plan for Lawrence Lane with
any Plan of Development application.
Presented by: Adam Cannon, Planner
Reviewed by: Matthew Holm, AICP, Planning Supervisor
Attachments: Case Map (1 page)
Zoning Exhibit (reduced 8.5”x11”, 1 page)
Narrative Report (6 pages)
Engineering Comments (1 page)
LAFB Comments (2 pages)
ADOT ROW Project Management Comments (2 pages)
City of Buckeye Comments (1 page)
Z2020092
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MARICOPA COUNTY
Application Name: 303 & Olive - PSEIS
Legal Description
T03N R02W 036, T3N R02W 36
Applicant Applicant Phone/Email
Jacob Zonn for Becker Boards Small, LLC 602.616.5031 jzonn@beckerboards.com Z2020092
Case Address Parcel Primary: 501-05-006M
Generated February 18, 2021 14:28 PM Gross Acres: 38.31 approx. Map scale 1:5,354
Supervisor District No. 4
MODIFICATION TO CONDITION 'E' OF Z2019129
Maricopa County Planning & Development - Phoenix, AZ /

OLIVE AVENUE
325
Ltd.
Ste
Group, Ltd.
Blvd, 85305
Group,
629-8830
Consulting Sunset Arizona www.bowmanconsulting.com
Consulting
(480)
North
Bowman Glendale, Bowman
Phone:
6751
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COUNTY
MARICOPA
FREEWAY
39.30 ACRES
OLIVE
303
EXHIBIT
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303
BILLBOARD LOCATION (TYP) ZONING
LANE
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COTTON ARIZONA
LAWRENCE LANE
WADDELL,
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1/27/21
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In In In In Maricopa Maricopa Maricopa Maricopa County: County: County: County: (602) (602) (602) (602) 263-1100 263-1100 263-1100 263-1100

303 & Olive
Zone Change Modification to condition ‘e’ of Z2019129
Approx 470’ South of the SWC of Loop 303 and Olive Avenue
Case # Z2020092
Submitted: November 24, 2020
2nd Submittal: January 26, 2021
Applicant Name: William Lally, Tiffany & Bosco
Address: 2525 E. Camelback Rd., Phoenix, AZ 85016

TABLE OF CONTENTS
3 THE PROPERTY
3 PURPOSE OF REQUEST
3-4 DESCRIPTION OF PROPOSAL
5 RELATIONSHIP TO SURROUNDING PROPERTIES
5 LOCATON AND ACCESSIBILITY
5 DEVELOPMENT SCHEDULE
5 COMMUNITY FACILITIES
5-6 PUBLIC UTILITIES AND SERVICES
2

The Property
The property is located approximately 470’ feet southwest of the southwest corner of Olive Ave
and the newly constructed 303 Freeway (the “Loop 303”) and is identified as Maricopa Assessor
Parcel Numbers 501-05-005R, 501-05-005S, 501-05-005U, 501-05-006M, 501-05-006R and 501-
05-006L (the “Property”). The Property is 38.31 acres in size. The Property is zoned as C-2
(Intermediate Commercial) CUPD following approval of Z2019129 for equipment rentals, a real
estate office, and nursery, flower and plant sales. The proposed commercial retail uses are
consistent with the City of Glendale General Plan land use designation.
Purpose of Request
Tiffany & Bosco (the “Applicant”) requests a modification of condition ‘e’ of Z2019129. Access
would be off of Olive Ave and along the 303.
The request to C-2 CUPD is required for the direct retail sales of the nursery items to the general
public. There are currently no onsite sales for the nursery. The current nursery is used by
landscaping and development companies that have trucks access the site for trees and vegetation.
The zone change also allows the opportunity for additional retail commercial uses. The applicant
is also requesting to use the site for equipment rentals and a small real estate office.
C-2 zoning allows retail nurseries per the following requirements: MCZO Article 804.2.27 which
states: “Nurseries, flower and plant sales, provided all incidental equipment and supplies including
fertilizer and empty cans, are kept within a completely enclosed building or within an area
enclosed on all sides by a solid fence or wall at least six feet in height and no goods, materials or
objects are stacked higher than the fence or wall so erected”.
The Property is directly adjacent to the new 303 freeway. The Property is currently being used by
the Desert Forrest Nursery and is not conducive to single-family development because of the
freeway and historical use of the site and surrounding properties with agricultural uses.
Description of Proposal
The majority of the Property will continue to be utilized for use by the nursery. There will also be
off-site signage. C-2 CUPD zoning allows the nursery to have onsite sales. The remaining portion
of the site located furthest to the north along Olive Ave. will be used for equipment rentals and a
small real estate office. Equipment for rent will be small to mid-size trucks, and landscaping
maintenance and construction equipment. Access to the equipment sales use and office will be
off of Olive Ave. There will be no additional access off of Cotton Ln. from what is currently
provided.
Any new buildings or sales offices will be proposed during the Plan of Development process
through Maricopa County.
Any additional driveway and parking areas will be along Olive Ave. The remainder of the site will
be used as it currently is today, agriculture. There is a 300 foot buffer to the property to the south
and adjacent to single-family homes along Cotton Ln and Lawrence Ln. These parcels will remain
the current agriculture use.
3

Proposed CUPD Development Standards
Highlighted rows are standards approved via Z2019129
Commercial Unit Plan of Development – Billboards Only
Base Zoning District Proposed Zoning District
Regulation Regulations (C-2) Regulations (C-2 CUPD)
Max. 70’ on side directly
abutting and oriented to or
within 150’ of Loop 303.
Max. 45’ on side directly
abutting and oriented to
Max. Off-Site Sign Height 30' Cotton Lane
Maximum 2 off-site signs
oriented to or within 150’ of
Off-Site Sign Separation Loop 303 at minimum 700’
Distance 1000’ separation distance.
Maximum of 2 off-site signs
permitted on side directly
abutting and oriented to
Loop 303. Maximum of 1
off-site sign permitted on
side directly abutting and
oriented to Cotton Lane
and setback a minimum of
500’ from the centerline of
Olive Avenue. No other off-
Off-Site Signs Permitted site signs permitted.
Off-Site Sign Max Size 300 square feet 672 square feet
Min. Rear (East) Yard
Setback (Only for parcel
501-05-006M) (billboard
only) 25’ 0’
Min. Setback to RU-43 0’ East and North
(billboard only) 100’ 50’ South
Min. Setback to RU-43 for 0’ East and North
illuminated off-site sign 150’ 50’ South
Min. 6’ height screening
adjacent to rural or Zero screening unless POD
residential zoning 6’ height along residential submitted for use other than
boundary zoning billboard or nursery
All Uses Specified in Chapter All uses specified in Chapter 8,
8, Section 804, Article 804.2 Section 804, Article 804.2 of
Uses Permitted of the MCZO are permitted the MCZO are permitted
4

except for medical marijuana
dispensary facilities, adult
oriented facilities, automobile
repair shops and garages, and
drive-in restaurants.
Relationship to Surrounding Properties
The surrounding parcels of the Property consist of RU-43, but are all currently being used as a
nursery, or are vacant. The parcel to the south is a R1-6 zoned parcel and is currently vacant. The
parcel to the west across Cotton Ln. is zoned RU-43 and is also currently vacant. The parcels to
the north are also zoned RU-43 with a Rural/Metro Fire Station under construction on one of the
parcels. To the east of the Property is the 303 freeway and an ADOT remnant parcel. Please see
Exhibit 4 for surrounding zoning.
North – MCDOT ROW and Rural/Metro Fire Station 833. No adverse effects are expected.
South – Nursery and Vacant - No adverse effects are expected.
West – Vacant. No adverse effects are expected.
East – ADOT ROW and Loop 303 Freeway. No adverse effects are expected.
Many parcels south and west of the subject Property, are being used for the Desert Forrest
Nursery. The nursery fronts Olive Ave, while the land down to Granite Vista Loop and west to
Cotton Ln is also being used as inventory for the nursery. There are three single-family homes on
the southeast corner of Cotton Ln and Lawrence Rd. The surrounding property’s use will not
change and will continue to be used as a nursery.
A large regional channel runs along the eastern boundary of the Property, between the Property
and the 303. The channel and frontage Rd continues south and loops westward to create the
Northern Parkway interchange.
A workable and safely readable off-site signs on the Property will be a community benefit that will
allow west valley business and local business to reach their intended audience. The additional
height requirement allows the signs to be safely read by oncoming traffic.
Please see the attached exhibits showing the elevation changes from the site to the freeway. The
existing grade at the site of the billboards is at 1,163 feet above sea level. Areas of oncoming
traffic along the 303 is at 1,197 feet above sea level. This is a 34 foot difference and the main
reason behind the request for the additional 25 feet in height. The boards were approved for 45
feet via zoning case Z2019129. The additional 25 is needed because of the elevation difference.
Location and Accessibility
The Property is accessible from Olive Ave, which is presently being accessed for the Agriculture
uses currently taking place on the Property and surrounding area. As stated, the 303 freeway is
5

directly to the east of the Property. The Property has regional access to the 303 and the I-10
freeway to the south. All access to maintain the billboards will be off of Olive Ave.
Development Schedule
The applicant anticipates that development will occur as soon as the condition modification is
approved. The applicant will still need to move forward with a Plan of Development and will
conduct a drainage review for any new buildings/offices.
Community Facility and Services
The property is within the Dysart Unified School District. Mountain View Elementary is the closest
school at Peoria Ave and Cortessa Pkwy. The closest high school is Shadow Ridge at Peoria Ave
and Perryville Rd in the Dysart Unified #89 District, which is northwest of the Property.
Public Utilities and Services
Sewer – The Property currently runs on an onsite septic system. The proposed use will not affect
the current system.
Water – The subject site currently uses well water. The proposed use will not affect the current
system.
Fire – Rural Metro.
Police – Maricopa County Sherriff’s Office.
6

Maricopa County
Planning & Development Department
Date: December 4, 2020
Bob Fedorka, PE
Planning & Development
501 North 44th Street, Suite 200 Memo To: Darren Gerard, AICP, Deputy Director,
Phoenix, Phone: (602) Arizona 506-7151 85008 Department of Planning & Development
www.maricopa.gov/planning
Email bob.fedorka@maricopa.gov address: Attn: Adam Cannon, Planner, Planning & Development Services
From: Bob Fedorka, PE, PND Engineering Supervisor,
Planning & Development Services
cc: Michael Norris, P.E., PND Engineering Manager,
Planning & Development Services
Subject: Z2020092 – Modification of Conditions
Billboard Height
Job Site Address: SWC Olive Avenue and Cotton Lane
APN(s): 501-05-005R, S & U & 006L, M & R
PND Engineering has reviewed the 1st submittal of the application routed for review on November
30, 2020, for the subject application and has no comments or objections.
Please contact me if you have any questions or require clarification of these comments.

From: JAMES, MARK C GS-12 USAF AETC 56 FW/CVE
To: Adam Cannon (PND)
Cc: 56 FW/CIT Community Initiative
Subject: RE: Z2020092 - 2nd Submittal - 303 & Olive Zone Change: Modification of Conditions (APN 501-05-005R)
Date: Thursday, January 14, 2021 1:53:25 PM
Attachments: image001.png
image004.png
image005.png
Hi Adam,
Thank you for allowing Luke AFB to make comments on the 303 & Olive Zone Change: Modification
of Conditions Application. This design review application is to modify signage height allowance from
45’ to 70’. The 38-acre site is located at the southeast corner of Olive Ave and Cotton Ln in
Unincorporated Maricopa County, AZ. It is approximately 1.7 miles outside the Luke AFB 1988 JLUS
65 Ldn, “high noise or accident potential zone” as defined by A.R.S. § 28-8461 and is inside the
“territory in the vicinity of a military airport” also defined by A.R.S. § 28-8461.
As described in the application, this request will not have a negative impact on Luke AFB Flight
Operations. Since the site will be located inside the “territory in the vicinity of a military airport,” it
will be subjected to approximately 165 over flights per day, as low as 1,500 feet above the ground.
We recommend you review the sound attenuation requirements found in A.R.S. § 28-8482. In
addition, a strong notification program on the part of the applicant is essential to inform the tenant
about Luke AFB operations.
Respectfully,
Mark
Mark James
Planning Manager, Community Initiatives Team
Luke AFB AZ 85309
Office: 623-856-9981
DSN: 896-9981
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Tuesday, January 12, 2021 8:43 AM
To: kbeneli@whitetank.org; kokok@mwdaz.com; lmalloque@dot.state.az.us; ken.nyman@azag.gov;
swilken@azmag.gov; vwolfley@azmag.gov; redletter@azdot.gov; eva.pearce@dysart.org;
'kevin.shipman@dysart.org' <kevin.shipman@dysart.org>; 56 FW/CIT Community Initiative
<56FW.CIT.CommunityInitiative@us.af.mil>; 'lcollins@glendaleaz.com' <lcollins@glendaleaz.com>;
planning@surpriseaz.gov; gycdev@goodyearaz.gov; thogan@buckeyeaz.gov;
jmacias@cityofelmirage.org; sonny@litchfield-park.org; pmaslowski@litchfield-park.org;
chuck_fitzgerald@rmetro.com; I_thompson@MCSO.maricopa.gov
Cc: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: [Non-DoD Source] RE: Z2020092 - 2nd Submittal - 303 & Olive Zone Change: Modification
of Conditions

Good morning all:
This e-mail serves as notification of second submittal we have received from Becker Boards Small,
LLC for a Zone Change: Modification of Conditions. Applicable documents for review are available
on the Online Permit Manager at: https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx.
You can search for the case by using the Zone Change case number Z2020092.
Best regards,
Adam Cannon
Planner
Maricopa County Planning & Development Department
501 N. 44th Street, Suite 200, Phoenix, AZ 85008
Desk: 602-372-0292
adam.cannon@maricopa.gov

From: Peggy Fehlman
To: Adam Cannon (PND)
Subject: Re: Z2020092 - 2nd Submittal - 303 & Olive Zone Change: Modification of Conditions
Date: Wednesday, January 13, 2021 7:22:31 AM
Attachments: image002.png
image003.png
Thank you for the notification of the above-referenced proposed development.
ADOT is neutral on this matter. As such, ADOT has no comment.
ADOT traffic engineering may offer additional comments, it is recommended that the developer ascertain if a traffic study or permit will be
necessary. We appreciate receiving the notice, and the opportunity to review and comment. I am happy to assist with any other questions or
concerns.
Kind Regards,
Peggy Fehlman
Right of Way Coordinator
ADOT Central District
2140 W. Hilton Avenue
Phoenix, AZ 85009
(602)712-6622 Office
www.azdot.gov
On Tue, Jan 12, 2021 at 8:42 AM Adam Cannon (PND) <Adam.Cannon@maricopa.gov> wrote:
Good morning all:
This e-mail serves as notification of second submittal we have received from Becker Boards Small, LLC for a Zone Change: Modification of
Conditions. Applicable documents for review are available on the Online Permit Manager at:
https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx. You can search for the case by using the Zone Change case number
Z2020092.
Best regards,
Adam Cannon
Planner
Maricopa County Planning & Development Department
501 N. 44th Street, Suite 200, Phoenix, AZ 85008
Desk: 602-372-0292
adam.cannon@maricopa.gov

From: Peggy Fehlman
To: Adam Cannon (PND)
Subject: Re: Z2020092 - 1st Submittal - 303 & Olive Zone Change: Modification of Conditions
Date: Monday, November 30, 2020 2:58:01 PM
Attachments: image003.png
image004.png
Thank you for the notification of the above-referenced proposed development.
ADOT is neutral on this matter. As such, ADOT has no comment.
ADOT traffic engineering may offer additional comments, it is recommended that the developer ascertain if a traffic study or permit will be
necessary.
Permit Encroachment Process Link - https://azdot.gov/business/permits/encroachment-permits
Permit Sign Process Link - https://azdot.gov/business/permits/outdoor-advertising-sign-permits
We appreciate receiving the notice, and the opportunity to review and comment. I am happy to assist with any other questions or concerns.
Kind Regards,
Peggy Fehlman
Right of Way Coordinator
ADOT Central District
2140 W. Hilton Avenue
Phoenix, AZ 85009
(602)712-6622 Office
www.azdot.gov
On Mon, Nov 30, 2020 at 12:26 PM Adam Cannon (PND) <Adam.Cannon@maricopa.gov> wrote:
Good afternoon all:
This e-mail serves as notification of an application we have received from Becker Boards Small, LLC for a Zone Change: Modification of
Conditions. Applicable documents for review are available on the Online Permit Manager at:
https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx. You can search for the case by using the Zone Change case number
Z2020092.
Best regards,
Adam Cannon
Planner
Maricopa County Planning & Development Department
501 N. 44th Street, Suite 200, Phoenix, AZ 85008
Desk: 602-372-0292
adam.cannon@maricopa.gov

From: Robert Busick
To: Adam Cannon (PND)
Subject: Z2020092 - 2nd Submittal - 303 & Olive Zone Change: Modification of Conditions
Date: Tuesday, January 12, 2021 3:48:28 PM
Attachments: image001.png
Good afternoon, Adam:
Regarding case Z2020092: after reviewing the associated documents, the City of Buckeye has no
comment.
Thank you,
Robert Busick | Planner I
City of Buckeye | Development Services
530 E Monroe Ave| Buckeye, Arizona 85326
P 623-349-6242 | rbusick@buckeyeaz.gov
Monday-Thursday 7am-6pm CLOSED FRIDAYS
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