Z2019024 BOS REPORT.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date: January 13, 2021
Case #/Title: Z2019024 – Cazarez Small Event Venue
Supervisor District: 5
Applicant/Owner: Joel Watson, P.E. Watson Civil Engineering / Miguel Cazarez
and Brenda Cazarez
Request: Special Use Permit (SUP) for an event venue site in the Rural-
43 zoning district
Site Location: Generally located 635’ east of the NEC of 169th Ave. and
Pioneer St. in the Goodyear area
Site Size: Approximately 2.28 acres
County Island Status: Yes, Goodyear
Additional
Comments: The request is for a Special Use Permit (SUP) for an event
venue site. Given the concerns of neighbors, staff is
recommending approval for an entitlement period of 10-
years. In addition, staff is recommending to limit the hours of
operation (10:00 a.m. to 10:00 p.m.), 30 maximum events per
year, 150 maximum guests per event, no amplified music or
speakers, a minimum 6’ (h) solid wall to be installed on the
perimeter of the site, and paving for parking and
improvements to the local easement road (or the alternative
acceptance of a dust control plan with the Air Quality
Department). Staff also included the requirements for a status
report due every 1-year anniversary to help ensure that the
conditions of approval would be met throughout the duration
of the SUP.
Commission
Recommendation: On 12/10/20, the Commission voted 8-0 to recommend
approval of Z2019024 subject to conditions ‘a’ – ‘i’:
a. Development of the site shall be in substantial conformance with the Site Plan
entitled “Cazarez Small Event Venue”, consisting of 1 full-size sheet, dated
stamped received November 9, 2020, except as modified by the following
conditions. Within 30-days of approval, a revised site plan shall be submitted to
staff showing the additional screening (wall) requirements.
January 13, 2021
Z2019024
Page 1 of 3

b. Development of the site shall be in substantial conformance with the Narrative
Report entitled “Cazarez Small Event Venue”, consisting of 4 pages, dated
stamped received November 9, 2020 except as modified by the following
conditions.
c. The following Engineering conditions shall apply:
1. All landscaping and construction within right-of-way shall conform to
MCDOT design standards.
2. Drainage review of planning and/or zoning cases is for conceptual design
only and does not represent final design approval nor shall it entitle
applicants to future designs that are not in conformance with Section 1205
of the Maricopa County Zoning Ordinance and the Maricopa County
Drainage Policies and Standards.
3. All development and engineering design shall be in conformance with
Section 1205 of the Maricopa County Zoning Ordinance and current
engineering policies, standards and best practices at the time of
application for construction.
d. This Special Use Permit shall expire on January 13, 2031, or upon termination of the
use for a period of 120 or more days, whichever occurs first. All site improvements
associated with the special use permit shall be removed within 120 days of such
expiration or termination of use. There shall be a status report submitted at the 1-
year anniversary of this SUP and every year following that details how the SUP
conditions of approval are being met including the tracking of special event dates
and attendance.
e. The following SUP requirements shall apply:
1. Limited to 30 events per year, maximum of 150 guests per event
2. Operation hours shall be from 10:00 a.m. to 10:00 p.m. (open to the public)
on event days
3. Parking lot lighting and related venue lighting shall be shut off by 10:00 p.m.
and meet Maricopa County Zoning Ordinance requirements.
4. There shall be no amplified music or speakers allowed
5. Pavement for parking spaces and internal driveways shall be used
6. Pioneer St. shall be improved with chip seal in front of the property
extending west to 169th Ave. and north to Lower Buckeye Rd. Otherwise, a
dust control plan acceptable to the Maricopa County Air Quality
Department shall be allowed
7. A minimum 6’ (h) solid wall shall be constructed along the west, east, and
north property lines.
f. This Special Use Permit approval does not grant any entitlement to buildings,
structures or fencing that encroaches onto adjacent properties, easements or
rights-of-way.
January 13, 2021
Z2019024
Page 2 of 3

g. Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Special Use Permit as set forth in the Maricopa County
Zoning Ordinance.
h. 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.
i. The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval allows
the property to enjoy uses in excess of those permitted by the zoning existing on
the date of application, subject to conditions. In the event of the failure to comply
with any condition, and at the time of expiration of the Special Use Permit, 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 Special Use Permit, 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 Special Use Permit enhances the value
of the property above its value as of the date the Special Use Permit is granted
and reverting to the prior zoning results in the same value of the property as if the
Special Use Permit had never been granted.
Presented by: Ray Banker, Planner
Reviewed by: Darren Gerard, AICP, Planning Manager
Attachment: 12/10/20 P&Z Packet (28 pages)
Note: 12/10/20 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
January 13, 2021
Z2019024
Page 3 of 3

Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case: Z2019024 – Cazarez Small Event Venue
Hearing Date: December 10, 2020
Supervisor District: 5
Applicant: Joel Watson, P.E. Watson Civil Engineering
Owners: Miguel Cazarez and Brenda Cazarez
Request: Special Use Permit (SUP) for an event venue site in the Rural-43 zoning
district
Site Location: Generally located 635’ east of the NEC of 169th Ave. and Pioneer St.
in the Goodyear area.
Site Size: Approx. 2.28 acres
Density: N/A
County Island: Yes, Goodyear
County Plan: White Tank/Grand Avenue Area Plan – Large Lot Residential (1 – 2
d.u./ac.)
Municipal Plan: City of Goodyear General Plan – Neighborhoods (wide range of
densities and housing products at appropriate densities and
locations)
Municipal Comments: Email of concern, no known opposition
Support/Opposition: None received to date
Recommendation: Approve with conditions
Z2019024
Page 1 of 9

Project Summary:
1. The applicant is requesting an SUP for an event venue in the Rural-43 zoning district. The
Maricopa County Zoning Ordinance (MCZO) under Article 1301.1.11 (Special Uses)
describes the following: “Land use involving large assemblage of people”. The subject
2.28 acre site is located in the Goodyear area east of the 169th Ave. and Pioneer St.
intersection. It is addressed at 16740 W. Pioneer St. as two contiguous parcels (both 1.14
acres each) APN # 500-93-011 (eastern parcel) & 500-93-013 (western parcel).
2. The proposed venue consists of a parking lot (located on the currently vacant eastern
parcel) as well as an outdoor event area for guests, located north of the existing
residence on the western parcel. The parking would include a total of 88 parking spaces
(including 5 handicap) and would be paved. There would be a single 24’ wide access
driveway to the parking area from Pioneer St. The site plan shows a pathway from the
parking area to the outdoor event area on the western parcel. The site would have a
temporary removable tent for events (approximately 4,500 sq. ft.), food truck area (max.
2 food trucks), and restrooms. There is also an existing pole barn and canopy that would
be part of the operation.
3. Requested SUP entitlement is for 20-years, there would be a total of 150 guests allowed
per event with a maximum of 30 events per year. The hours of operation would be from
10:00 a.m. to 10:00 p.m. on event days. Events would be staffed by 4 members of the
owner’s family, all other vendors would be provided by the client. No permanent signage
is proposed at this time, the site has existing 4’ tall iron 3-rail tube fencing along the side
and rear property lines. Although amplified music is proposed, it is mentioned that the
music would meet County Noise Ordinance regulations. There are no open violations,
however violation history and neighborhood feedback proves that the site has been
used for events.
2020 Aerial Images of Subject Site
Z2019024
Page 2 of 9

4. There are technical issues with the subject site, the applicant’s engineer has identified
several right-of-way easements located along Pioneer St., where entryway features
including screening, landscaping, etc. exist. The existing home on the western parcel
(constructed pre-2000) is located within the front 40’ setback taken from the edge of
these right-of-way easements. The easement details are as follows from the southernmost
part listed first: 60’ wide easement, then a 10’ wide easement, and finally a 30’ wide
easement (apparently includes the 10’ wide easement). Engineering has mentioned that
this is a private roadway and not maintained by MCDOT. This is peculiar, as the physical
width of Pioneer St. does not extend as wide as the mentioned easements. Also, if the
mentioned easements exist along the duration of Pioneer St., then other properties along
this stretch would have similar encroachment/setback issues. A Traffic Impact Study (TIS)
was approved by MCDOT stating that there would be less than 100 peak hour trips which
it would have negligible impact on the surrounding roadway infrastructure.
5. In addition to the encroachment within the mentioned right-of-way easements, the site
plan is showing accessory structures along with the western property boundary that
possibly encroach on the adjacent parcel to the west. The applicant has labeled the
existing residence and these structures as “not a part of the SUP” per staff’s request as
entitlements for non-conforming structures would not be included as part of this SUP if it
were to be approved. It should be noted that the mentioned improvements to the site
appear to have been existing prior to the current ownership acquisition of the properties.
Z2019024
Page 3 of 9

Rural-43 Zoning District
Proposed Site Plan
Z2019024
Page 4 of 9

Google Street View Images of Subject Site Frontage
Existing On-Site and Adjacent Zoning / Land Use:
6. On-site: Rural-43 / Single-family residence and vacant
North: Rural-43 / Equine uses and vacant
South: ROW then Rural-43 / Pioneer St. then single-family residence and
vacant
East: Rural-43 / Single-family residence
West: Rural-43 / Vacant
Utilities and Services:
7. Water: On-Site Well
Wastewater: On-Site Septic
Fire: Rural/Metro Fire
Police: MCSO
Right-of-Way:
8. Pioneer Street is a private roadway within an access easement/right-of-way; it is not a
MCDOT maintained road.
Z2019024
Page 5 of 9

Adopted Plans:
9. White Tank/Grand Avenue Plan (Adopted: 2000): This plan identifies the subject area as
Large Lot Residential (1 – 2 d.u./ac.).
10. City of Goodyear 2025 General Plan (Adopted: 2014): The subject property is designated
as Neighborhoods which allows for a wide range of densities and housing products at
appropriate densities and locations.
Public Participation Summary:
11. 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 City of Goodyear sent an
email to staff (attached) mentioning that they have a concern with amplified music. The
applicant submitted a Public Participation Results Report (attached). This report detailed
concerns that the applicant/engineer received from neighbors. These concerns include
many cars leading to dust control issues and speeding, loud noise going late into the
night, police called on several occasions, etc.
Outstanding Concerns from Reviewing Agencies:
12. N/A
Staff Analysis:
13. Staff is supportive of this SUP request for an event site. Although there are valid concerns
from the neighbors, the proposed restrictions and improvements could make this site work
with the surrounding residential/rural neighborhood. The SUP would be limited to a
maximum 30 events per year with a maximum 150 guests allowed. The events would also
be limited to hours of 10:00 a.m. to 10:00 p.m. during these event days. Staff would
recommend to reduce the requested 20-year SUP entitlement to a maximum of 10-years.
There are a number of non-conforming conditions and the land uses and development
patterns of the surrounding neighborhood are likely to change within the foreseeable
future. Screening is also a major concern where staff includes within their
recommendation to install a minimum 6’ (h) solid wall along the side (east and west) and
rear (north) property lines. This falls in line with the regulations for commercial zoning
where a 6’ (h) solid wall would be required between the commercial zoned property and
adjacent rural/residential zoned properties. The screening is also a requirement with
outdoor uses in commercial zoning regardless of the adjacent property zoning district.
14. The solid wall screening should help with noise traveling from the site, however the
amplified music is a concern. Staff includes a recommended condition to restrict
amplified music since this would be an outdoor event venue. Staff also recommends limits
to outdoor noise and lighting with recommended conditions. The applicant provided
details on the site plan to address staff’s concerns with dust control issues to access the
site on unpaved Pioneer St. The site plan has a label, which states “chip seal west to 169th
and north to Lower Buckeye Rd.” This would be roughly 2,280 linear feet of improvements
along many properties which would be logistically difficult to accomplish due to
permission from property owners along this roadway stretch needed to permit such an
Z2019024
Page 6 of 9

endeavor. Staff would otherwise include a condition to meet Maricopa County Air
Quality Department standards based on an acceptable dust control plan in lieu of
paving the roadways. The proposed chip seal also doesn’t cover the site access to the
east where Pioneer St. eventually ends up at 165th Ave. which can also access Lower
Buckeye Rd. to the north and Pioneer Rd. accesses Sarival Ave. to the east.
15. Staff supports a SUP limited to a ten-year period and with the recommended conditions
limiting the number of events and setting a maximum attendance. Staff would not
support a higher intensity SUP due to the non-conforming conditions, lack of paved
access, and potential for residential development in the surrounding area.
Recommendation:
16. For the reasons outlined in this report, staff recommends the Commission motion for
Approval of Z2019024, subject to conditions ‘a’ – ‘i’.
a. Development of the site shall be in substantial conformance with the Site Plan
entitled “Cazarez Small Event Venue”, consisting of 1 full-size sheet, dated
stamped received November 9, 2020, except as modified by the following
conditions. Within 30-days of approval, a revised site plan shall be submitted to
staff showing the additional screening (wall) requirements.
b. Development of the site shall be in substantial conformance with the Narrative
Report entitled “Cazarez Small Event Venue”, consisting of 4 pages, dated
stamped received November 9, 2020 except as modified by the following
conditions.
c. The following Engineering conditions shall apply:
1. All landscaping and construction within right-of-way shall conform to
MCDOT design standards.
2. Drainage review of planning and/or zoning cases is for conceptual design
only and does not represent final design approval nor shall it entitle
applicants to future designs that are not in conformance with Section 1205
of the Maricopa County Zoning Ordinance and the Maricopa County
Drainage Policies and Standards.
3. All development and engineering design shall be in conformance with
Section 1205 of the Maricopa County Zoning Ordinance and current
engineering policies, standards and best practices at the time of
application for construction.
d. This Special Use Permit shall expire on January 13, 2031, or upon termination of the
use for a period of 120 or more days, whichever occurs first. All site improvements
associated with the special use permit shall be removed within 120 days of such
expiration or termination of use. There shall be a status report submitted at the 1-
year anniversary of this SUP and every year following that details how the SUP
conditions of approval are being met including the tracking of special event dates
and attendance.
Z2019024
Page 7 of 9

e. The following SUP requirements shall apply:
1. Limited to 30 events per year, maximum of 150 guests per event
2. Operation hours shall be from 10:00 a.m. to 10:00 p.m. (open to the public)
on event days
3. Parking lot lighting and related venue lighting shall be shut off by 10:00 p.m.
and meet Maricopa County Zoning Ordinance requirements.
4. There shall be no amplified music or speakers allowed
5. Pavement for parking spaces and internal driveways shall be used
6. Pioneer St. shall be improved with chip seal in front of the property
extending west to 169th Ave. and north to Lower Buckeye Rd. Otherwise, a
dust control plan acceptable to the Maricopa County Air Quality
Department shall be allowed
7. A minimum 6’ (h) solid wall shall be constructed along the west, east, and
north property lines.
f. This Special Use Permit approval does not grant any entitlement to buildings,
structures or fencing that encroaches onto adjacent properties, easements or
rights-of-way.
g. Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Special Use Permit as set forth in the Maricopa County
Zoning Ordinance.
h. 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.
i. The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval allows
the property to enjoy uses in excess of those permitted by the zoning existing on
the date of application, subject to conditions. In the event of the failure to comply
with any condition, and at the time of expiration of the Special Use Permit, 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 Special Use Permit, 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 Special Use Permit enhances the value
of the property above its value as of the date the Special Use Permit is granted
and reverting to the prior zoning results in the same value of the property as if the
Special Use Permit had never been granted.
Z2019024
Page 8 of 9

Presented by: Ray Banker, Planner
Reviewed by: Matthew Holm, AICP, Planning Supervisor
Attachments: Case Map (1 page)
Site Plan (reduced 8.5”x11”, 1 page)
Narrative Report (4 pages)
Public Participation Results Report (7 pages)
Engineering comments (1 page)
TIS MCDOT Memo (1 page)
MCESD comments (1 page)
MCSO Email (1 page)
LAFB Email (1 page)
City of Goodyear Email (1 page)
Z2019024
Page 9 of 9