Z2019120 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: Z2019120 – Holy Land Corporation
Supervisor District: 1
Applicant/Owner: Dorothy Shupe, Sketch Architecture Company /
George Sarsar, Holy Land Corporation
Request: Zone Change from AD-2 to C-2 CUPD
Site Location: Generally located 600 ft. west of the NWC of Nunneley Rd.
and Power Rd., in the Gilbert area.
Site Size: Approximately 36,432 sq. ft.
County Island Status: Yes (Gilbert)
Additional
Comments: The applicant requests a zone change from AD-2 to
C-2 CUPD with a precise Plan of Development (POD) for a
new, approximately 9,860 sq. ft. retail furniture store and
warehouse. The subject property is designated Regional
Commercial (RC) by the Town of Gilbert’s General Plan. A
comment from that jurisdiction notes concern that the
C-2 CUPD zone may not provide the same level of intensity of
use as the RC designation. It is County policy to limit zone
changes to the least intense zone necessary for the intended
use and the C-2 zone specifically identifies furniture stores
(MCZO Art. 804.2.20). Gilbert’s comment included concerns
about the design of the subject property’s driveways due to
Gilbert’s Industrial Collector designation for Nunneley Rd. and
how the subject property would comply with that jurisdiction’s
roadway standards. The north side of Nunneley Rd. is,
however, in County jurisdiction from approximately 375 ft.
east and 165 ft. west of the subject property. Accordingly, the
County’s roadway standards apply to the subject property
and, per MCDOT’s approval of the project TIS, the current
design complies with those standards. There are no other
outstanding concerns from reviewing agencies. The subject
property is in a County island with Town of Gilbert jurisdiction
lying approximately 160 ft. west, 375 ft. east, 65 ft. north, and
25 ft. south of the subject property. The overlay modifies C-2
development standards to allow a 3 ft. front setback where
January 13, 2021
Z2019120
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10 ft. is required (MCZO Art. 804.4.1) and 5 ft. Sight Visibility
Triangles (SVTs) where 25 ft. SVTs are required (MCZO 1111.4)
Commission
Recommendation: On 12/10/20, the Commission voted 8-0 to recommend
approval of Z2019120 subject to conditions ‘a’ – ‘i’:
a. Development of the site shall be in substantial conformance with the Site Plan
entitled “Holy Land Corporation”, consisting of 1 full-size sheet, dated
November 19, 2020, and stamped received November 19, 2020, except as
modified by the following conditions.
b. Development of the site shall be in substantial conformance with the Narrative
Report entitled “Holy Land Corporation”, consisting of 3 pages, dated
November 2, 2020, and stamped received November 19, 2020, except as
modified by the following conditions.
c. The following Planning Engineering conditions shall apply:
1. A Right-of-way dedication along Nunneley Road will be required (5’ to
align with the property to the east) in conjunction with the building permit.
See https://www.mcdot.maricopa.gov/744/Right-of-Way-Dedications for
more information on the dedication process.
2. The south half of Nunneley Road is within the jurisdiction of the Town of
Gilbert. The applicant must contact the Town to review any traffic impact,
right-of-way dedication, permitting or roadway improvement
requirements. The Town’s requirements will supersede the County’s (item 1
above) since the Town maintains the roadway. Evidence of the Town’s
acceptance of the R/W work with the building permit will be required.
3. 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.
4. Engineering 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 Drainage Policies and
Standards; Floodplain Regulations for Maricopa County; and the MCDOT
Roadway Design Manual.
5. Detailed Grading and Drainage Plans and Final Drainage Report showing
the new site improvements must be submitted for approval and acquisition
of building permits.
d. The following Maricopa County Environmental Services Department (MCESD)
conditions shall apply:
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1. The proposed project is located within the unincorporated urbanized area
regulated by the Maricopa County Stormwater Quality Program and may
need a stormwater approval and permit (SWPPP) prior to any construction
permit been granted. For further information, go to
www.maricopa.gov/stormwater.
2. The applicant must obtain NOID prior to construction permit approval.
e. The following C-2 CUPD zoning district standards shall apply:
1. Front (south) setback: 3 ft.
2. Sight Visibility Triangles: 5 ft. x 5 ft.
f. The zone change 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.
g. 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.
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, the property shall revert to the zoning that existed on the date
of application. It is, therefore, stipulated and agreed that either revocation due
to the failure to comply with any conditions, does not reduce any rights that
existed on the date of application to use, divide, sell or possess the property and
that there would be no diminution in value of the property from the value it held
on the date of application due to such revocation of the Zone Change. The Zone
Change enhances the value of the property above its value as of the date the
Zone Change is granted and reverting to the prior zoning results in the same value
of the property as if the Zone Change had never been granted.
Presented by: Sean Watkins, Planner
Reviewed by: Darren Gerard, AICP, Planning Manager
Attachment: 12/10/20 P&Z Packet (39 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
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Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case: Z2019120 – Holy Land Corporation
Hearing Date: December 10, 2020
Supervisor District: 1
Applicant: Dorothy Shupe, Sketch Architecture Company
Owner: George Sarsar, Holy Land Corporation
Request: Zone Change from AD-2 to C-2 CUPD
Site Location: Generally located 600 ft. west of the NWC of Nunneley Rd. and
Power Rd., in the Gilbert area.
Site Size: Approx. 36,432 sq. ft.
County Island: Yes (Gilbert)
County Plan: Rural Development Area (0-1 d.u./ac)
Municipal Plan: Gilbert – Regional Commercial
Municipal Comments: Gilbert – General support with comments.
Support/Opposition: None known
Recommendation: Approve with conditions
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Project Summary:
1. The applicant, Dorothy Shupe of Sketch Architecture Company, on behalf of the
property owner, George Sarsar, Holy Land Corporation, requests a zone change from the
current AD-2 designation to C-2 CUPD with a precise Plan of Development (POD). The
subject property is parcel 304-29-051A, which comprises approximately 36,432 sq. ft.
(0.84 acre), located approximately 600 ft. west of the northwest corner of the intersection
of Nunneley Rd. and Power Rd., in the Town of Gilbert area. According to recent aerial
photography, the subject property is mostly vacant with one, approximately 18 ft. x 25 ft
(450 sq. ft.) building that will be removed as part of the proposed development. The
request is for a new 9,854 sq. ft. furniture retail, warehouse and office building and related
development.
2. According to County Assessor’s data, the subject property was created as one of two
parcels split from parent parcel 304-29-051 on November 6, 2017 (and in reference to the
current deed: MCR# 2017-0701757). The subject property is currently paved, which
appears to have been done by a previous owner under permit B201106294. The subject
property is currently zoned Airport District Two (AD-2 or AD II), which is a zoning district
implemented under the 1978 Military Airport Zoning Ordinance for the Unincorporated
Area of Maricopa County (Military Airport Zoning Ordinance). The Military Airport Zoning
Ordinance applied to the subject property and vicinity because the former Williams Air
Force Base was located approximately one mile southeast. With the conversion of the
former Williams Air Force Base to the current Phoenix-Mesa Gateway Airport, the Military
Airport Zoning Ordinance is outdated, with its purpose of promoting the public health
and safety in the vicinity of a military airport (with the high noise levels and exposure to
crash risk hazard associated with military airports) having been eliminated. Even so, the
Military Airport Zoning Ordinance is still in effect; however, the requested zone change to
C-2 CUPD would implement the current MCZO, which is appropriate for the property now
that Phoenix-Mesa Gateway Airport is no longer a military facility.
3. The subject property is near, but not contiguous with, the Town of Gilbert, which lies
approximately 160 ft. west, 375 ft. east, 65 ft. north, and 25 ft. south of the subject
property. An email to Staff from Mr. Josh Rogers, Planner II, Town of Gilbert (dated
November 13, 2019) states that Town of Gilbert Staff reviewed the current project and
would have annexed the subject property, but could not do so because it is not directly
adjacent to the Town of Gilbert’s jurisdiction. Mr. Roger’s comment also states that the
Town of Gilbert’s General Plan designation for the subject and surrounding properties is
Regional Commercial (RC), which is that jurisdiction’s most intense commercial
designation. His concern is that the requested County C-2 CUPD designation may not
provide for the level of intensity intended by the RC designation. The County’s policy
regarding zone changes is to grant the least intense designation necessary to provide for
the intended use. The C-2 designation specifically provides for retail furniture stores
(MCZO Art. 804.2.20), thus, the C-2 CUPD is the appropriate zoning designation for this use
under County policy and zoning ordinance. Mr. Roger’s comment included concerns
about the design of the subject property’s driveway(s) due to the Town of Gilbert’s
Industrial Collector designation for Nunneley Rd. and how the subject property would
comply with that jurisdiction’s roadway standards (particularly regarding a minimum
165 ft. separation between access points [i.e. driveways] required on the same side of a
Collector Street). The north side of Nunneley Rd. is, however, in County jurisdiction from
approximately 375 ft. east and 165 ft. west of the east and west boundaries of the subject
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property (respectively). Accordingly, the County’s roadway standards apply to the
subject property and, per MCDOT’s October 29, 2020 approval of the project Traffic
Impact Statement (dated October 16, 2020), the current design complies with those
standards.
4. According to the applicant, water service is to be provided by the City of Mesa. On-site
septic is proposed for wastewater, which the Maricopa County Environmental Services
Department has noted with concern and stated that a NOID must be obtained prior to
construction permit approval. This zone change with overlay approval is associated
specifically with the current site plan/POD. Any modification of the POD is subject to
County review and the uses are limited to those determined to be appropriate for on-site
septic wastewater treatment and disposal by the County Environmental Department until
such time as public sewer is provided to the subject property and use.
5. The current site plan complies with most C-2 development standards (and all other
applicable standards of the MCZO) except for the proposed 3 ft. Front (south) setback
where 10 ft. is required (MCZO 804.4.1) and 5 ft. x 5 ft. Sight Visibility Triangles (SVTs)
proposed at both sides of both driveways and along the north edge of the ultimate 40 ft.
wide, north half-width of Nunneley Rd. where 25 ft. SVTs are required (MCZO 1111.4). Thus,
the requested CUPD overlay is to provide for the proposed sub-standard Front (south)
setback and SVTs, per the following table.
6. The following table is included to illustrate and contrast the standards for the base zoning
district with those proposed for the project (Note: changes to proposed standards are
indicated in bold).
Regulation Existing C-2 Proposed C-2 CUPD
Base Standards Standards
Maximum Structure 40 feet 40 feet
Height
Minimum Front Setback 10 feet 3 ft.
Minimum Side Setback 0 feet 0 feet
Minimum Street-Side 10 feet 10 feet
Setback
Minimum Rear Yard 0 feet 0 feet
Setback
Minimum Lot Area 6,000 square feet 6,000 square feet
Minimum Lot Width 60 feet 60 feet
Maximum Lot 60% 60%
Coverage
Parking Spaces Commercial: 1 space/250 Commercial: 1 space/250
sq. ft. floor area, and sq. ft. floor area, and
Warehouse: 1 space/900 sq. Warehouse: 1 space/900 sq.
ft. floor area ft. floor area
Sight Visibility Triangle 25 feet 5 feet
(along driveway and ROW) (along driveway and ROW)
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2020 Aerial Photograph of Subject Property
Zoning of Subject and Surrounding Properties
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Except of Current Site Plan/POD
(North is to the Right)
7. It should be noted that since the applicant is proposing a site plan (required plan of
development, or POD) and although the zone change is a legislative approval, the POD
is administratively approved. Therefore, POD approval is contingent upon prior rezoning
approval.
Existing On-Site and Adjacent Zoning / Land Use:
8. On-site: AD-2 / Vacant
North: AD-2 / Commercial
South: AD-2 (roadway), then Nunneley Rd. and R-3 (Gilbert) / Commercial
East: AD-2 / Commercial
West: IND-2 IUPD / Commercial
Utilities and Services:
9. Water: Mesa
Wastewater: On-site Septic
School District: Higley Unified School District #60
Fire: Gilbert County Island Fire District
Police: MCSO
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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 Existing R/W Half-width Proposed R/W Future Classification
E. Nunneley Rd. 20’ (Town of Gilbert 35’ Industrial Collector
jurisdiction) (30’ MCDOT, (Gilbert)
5’ Gilbert)
Adopted Plan:
11. Town of Gilbert (adopted February 4, 2020): The Plan for Our Future: 2020 Gilbert General
Plan designates the subject property as Regional Commercial (RC), Gilbert’s most intense
commercial designation, which is to provide for large-scale regional retail, commercial,
office, recreation and entertainment, and cultural uses, developed under a unified plan.
Public Participation Summary:
12. According to the Applicant’s information and Town of Gilbert comment (dated
November 13, 2019), this project was initiated in the Town of Gilbert, but annexation was
determined to be infeasible due to the presence of parcel 304-29-013X, which separates
the subject property from Town of Gilbert jurisdiction. Even so, a public notification
process was initiated for the Town of Gilbert review, including site postings (placed on
June 17, 2019), notifications to neighbors within 1,000 ft. and a neighborhood meeting
held on July 2, 2019, which was attended by 2 neighbors, 1 Town of Gilbert employee
and 1 Sketch Architecture representative. Those pubic participation processes were
revised for the current County request, including notification sent by County Staff to
affected agencies and interested parties registered for Supervisor District 1 (sent via email
on October 31, 2019), and Phoenix-Mesa Gateway Airport (sent via email on November
1, 2019). A revised posting (for the current County request) was placed on site on
October 25, 2019 and that posting was revised with the current hearing dates on
November 2, 2020. Notification postcards were sent to properties within 300’ by Staff on
November 24, 2020. Accordingly, applicant has complied with the Maricopa County
Citizen Review Process with the required posting of the property and notification by first
class mail to adjacent property owners within 300-feet of the subject parcel and
interested parties. As of the date of this report, staff has not received any letters of
opposition.
Outstanding Concerns from Reviewing Agencies:
13. As discussed in section 3, above, Staff has received only the November 13, 2019
comment from the Town of Gilbert, which is generally supportive of the request.
Staff Analysis:
14. Staff is in support of this zone change with overlay request. The reduction of the front
(south) setback from 10 ft. to 3 ft. and reduction of the SVTs from 25 ft. to 5 ft. (along
driveways and ROW), are necessary modifications of the base zone standards due to the
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relatively small subject property dimensions, existing type and location of development
on neighboring properties, and relatively low speed and volume of traffic on
Nunneley Rd. The issue of the subject property being separated from Nunneley Rd. by
parcel 304-29-013X has apparently been resolved by the applicant’s provision of an
ingress/egress easement allowing access to the subject property through parcel
304-29-013X.
Recommendation:
15. For the reasons outlined in this report, staff recommends the Commission motion for
Approval, subject to conditions ‘a’ – ‘i’.
a. Development of the site shall be in substantial conformance with the Site Plan
entitled “Holy Land Corporation”, consisting of 1 full-size sheet, dated
November 19, 2020, and stamped received November 19, 2020, except as
modified by the following conditions.
b. Development of the site shall be in substantial conformance with the Narrative
Report entitled “Holy Land Corporation”, consisting of 3 pages, dated
November 2, 2020, and stamped received November 19, 2020, except as
modified by the following conditions.
c. The following Planning Engineering conditions shall apply:
1. A Right-of-way dedication along Nunneley Road will be required (5’ to
align with the property to the east) in conjunction with the building permit.
See https://www.mcdot.maricopa.gov/744/Right-of-Way-Dedications for
more information on the dedication process.
2. The south half of Nunneley Road is within the jurisdiction of the Town of
Gilbert. The applicant must contact the Town to review any traffic impact,
right-of-way dedication, permitting or roadway improvement
requirements. The Town’s requirements will supersede the County’s (item 1
above) since the Town maintains the roadway. Evidence of the Town’s
acceptance of the R/W work with the building permit will be required.
3. 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.
4. Engineering 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 Drainage Policies and
Standards; Floodplain Regulations for Maricopa County; and the MCDOT
Roadway Design Manual.
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5. Detailed Grading and Drainage Plans and Final Drainage Report showing
the new site improvements must be submitted for approval and acquisition
of building permits.
d. The following Maricopa County Environmental Services Department (MCESD)
conditions shall apply:
1. The proposed project is located within the unincorporated urbanized area
regulated by the Maricopa County Stormwater Quality Program and may
need a stormwater approval and permit (SWPPP) prior to any construction
permit been granted. For further information, go to
www.maricopa.gov/stormwater.
2. The applicant must obtain NOID prior to construction permit approval.
e. The following C-2 CUPD zoning district standards shall apply:
1. Front (south) setback: 3 ft.
2. Sight Visibility Triangles: 5 ft. x 5 ft.
f. The zone change 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.
g. 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.
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, 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.
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Presented by: Sean Watkins, Planner
Reviewed by: Darren V. Gérard, AICP, Planning Services Manager
Attachments: Case Map (1 page)
Site Plan (reduced 8.5”x11”, 1 page)
Narrative Report (3 pages)
Engineering comments (5 pages)
MCESD comments (1 page)
Town of Gilbert comments (1 page)
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