Z2020020 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: Z2020020 – 18503 W Van Buren Street
Supervisor District: 4
Applicant/Owner: Natalie Griffin, EPS Group Inc. / Alejandro Torres Cortes
Request: Special Use Permit (SUP) for an Interim Industrial Use
(automotive glass, window tint, and storage facility) in the
Rural-43 zoning district
Site Location: Generally located 1,115’ east of the SEC of Perryville Rd. and
Van Buren St. in the Goodyear area
Site Size: Approximately 1.25 acres
County Island Status: Yes, Goodyear
Additional
Comments: The request is for a Special Use Permit (SUP) for a business that
specializes in automotive glass and window tinting (with
storage areas) Staff is recommending approval for an
entitlement period of 10-years. This is the maximum allowed
for interim industrial special uses per MCZO Article 1301.1.22.
The site would be screened by a 6’ (h) wall (except on the
west side adjacent to an access easement). A new 7,200 sq.
ft. storage building would be added to the southern portion
of the property with this request. Additional right-of-way
dedication and paved driveway improvements would be
required adjacent to the subject site along Van Buren St.
Hours of operation would be Monday - Saturday from 7:00
a.m. to 5:30 p.m. Although there is a violation on the subject
site, there is no known opposition to this SUP, As noted within
the P&Z staff report, there are adjacent properties to the
south and east that have approved interim industrial SUP’s.
Commission
Recommendation: On 12/10/20, the Commission voted 8-0 to recommend
approval of Z2020020 subject to conditions ‘a’ – ‘i’:
a. Development of the site shall be in substantial conformance with the Site Plan
entitled “18503 W Van Buren Street”, consisting of 1 full-size sheet, dated stamped
received November 5, 2020, except as modified by the following conditions.
January 13, 2021
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b. Development of the site shall be in substantial conformance with the Narrative
Report entitled “18503 W Van Buren Street”, consisting of 4 pages, dated stamped
received September 30, 2020 except as modified by the following conditions.
c. The following Engineering conditions shall apply:
1. Prior to the issuance of building permits, the Drainage Report will need to
provide the retention basin drain down calculations.
2. Prior to the issuance of building permits, the new building will need to be
elevated to be at or above the Flood Control District Pending Zone AE
Floodplain. The grading and elevation of the building will need to be
updated for the Building Permit.
3. Any changes, including internal improvements, to the buildings or site
disturbance will require a floodplain use permit from the District.
4. When building alterations reach the 50% substantial improvement
threshold, the entire structure must be brought into compliance with the
Floodplain Use Regulations (i.e. FFE at or above the regulatory flood
elevation or the (non-residential) structure must be flood proofed).
5. Van Buren Street is a MCDOT maintained roadway classified as a principal
arterial roadway. The MCDOT Right-of-Way (R/W) requirement for an
arterial roadway is 65 feet (half-width). Dedication of an additional 25 feet
of R/W (40 feet existing) will be required unless otherwise waived by MCDOT.
The ROW dedication must be completed before the Building Permit
approval.
6. The driveways along Van Buren Street must be paved for the full
width/length within the right-of-way. Driveways that access multiple
properties, such as the easement along the west property line, must have
a minimum width of 24-ft.
7. The new driveways must connect in front of the block wall. A WB50 size truck
must be able to turn around using both driveways with the gates closed
and without backing into the MCDOT R/W.
d. The following Environmental Services condition shall apply:
1. Minor plan review for septic system – Notice of Intent to Discharge (NOID)
must be submitted and approved.
e. 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.
f. The following SUP development standards and requirements shall apply:
1. Screening Transparency: 55%
January 13, 2021
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2. Setbacks: 30’ front (west)
3. Site Visibility Triangle (SVT): waive requirement for SVT west of ingress/egress
easement
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 (18 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: Z2020020 – 18503 W Van Buren Street
Hearing Date: December 10, 2020
Supervisor District: 4
Applicant: Natalie Griffin, EPS Group Inc.
Owner: Alejandro Torres Cortes
Request: Special Use Permit (SUP) for an Interim Industrial Use (automotive
glass, window tint, and storage facility) in the Rural-43 zoning district
Site Location: Generally located 1,115’ east of the SEC of Perryville Rd. and Van
Buren St. in the Goodyear area
Site Size: Approx. 1.25 acres
Density: N/A
County Island: City of Goodyear
County Plan: White Tank/Grand Avenue Area Plan – Small Lot Residential (2 – 5
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: None received to date
Support/Opposition: None known
Recommendation: Approve with conditions
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Project Summary:
1. The applicant is requesting an Interim Industrial land use SUP for an automotive glass,
window tint, and storage facility in the Rural-43 zoning district. The Maricopa County
Zoning Ordinance (MCZO) under Article 1301.1.22 describes that interim industrial uses
cannot exceed a SUP entitlement period of 10 years. The subject 1.25 acre property is
located in the Goodyear area east of the Perryville Rd. and Van Buren St. intersection. It
is addressed at 18503 W. Van Buren St. with APN # 502-40-019D.
2. The subject site is currently being used for the requested interim industrial land use. The
operation includes six employees with customers visiting the property for services. It is
open Monday - Saturday from 7:00 a.m. to 5:30 p.m. A violation case is present on the
site (V201802029) for this business. There is a Compliance Agreement that requires zoning
entitlement by January 31, 2021. All fines associated with the compliance agreement
and violation case are current, allowing the SUP case to proceed.
3. The current site layout includes a single driveway access to Van Buren St. There is also an
existing 20’ wide (to be paved) ingress/egress easement running north and south along
the west property line. No access is existing or proposed to this ingress/egress easement.
Structures include an existing approximately 1,377 sq. ft. office building with smaller
canopy (to remain) and a larger canopy with a shed (to be removed) along the southern
property boundary. There is also an existing well house that is not part of this SUP request.
Screening includes a 6’ (h) CMU wall along the property lines, except along the west
where the wall is located east of the access easement. There is also various height
fencing incorporated on the north and west portions of the perimeter walls.
2020 Aerial Images of Subject Site
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4. Improvements proposed with this SUP request include a new 7,200 sq. ft. (60’ x 120’)
storage building 3’ from the southern property line, updated parking, and
added/relocated screening. The parking would include resurfacing with compacted
asphalt millings with bounded material (expect for paved ADA spot). There would be a
total of 18 parking spaces with one of the spaces reserved for handicap parking. MCDOT
is requiring 25’ of additional dedication of the subject property for right-of-way along Van
Buren St. where there is currently 40’ half-width; it would result in a 65’ half-width. The
existing screening along the north is to be removed as this would be within this dedicated
right-of-way portion. The applicant is proposing a new 6’ (h) CMU wall along the new
north property line with a 30’ wide gated driveway. There would also be a 20’ wide
emergency access gate east of the main driveway. This screening also accommodates
the required 25’ X 25’ Site Visibility Triangles (SVTs) adjacent to each driveway.
5. There is a proposed 10’ x 12’ sign located outside of the SVTs and adjacent to the main
driveway on the east side. The development standards requested by the applicant that
differ from Rural-43 zoning base standards is regarding the setbacks, an SVT, and
wall/fence transparency. See table below.
BASE ZONING DISTRICT PROPOSED STANDARDS
REGULATION
STANDARDS (Rural-43) (Rural-43 with SUP)
Front Yard (west) 40' 30’
Required adjacent to Waive SVT west of ingress/egress
Site Visibility Triangle (SVT)
driveways easement
Screening Transparency 80% 55%
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Rural-43 Zoning District
Proposed Site Plan
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Existing On-Site and Adjacent Zoning / Land Use:
6. On-site: Rural-43 / Industrial
North: Arterial then PAD (Goodyear) / Van Buren St. then vacant
South: Rural-43 / Industrial (SUP for construction storage)
East: Rural-43 / Industrial (SUP for construction yard)
West: Rural-43 / Ingress/egress easement then single-family residential
Utilities and Services:
7. Water: On-Site Well
Wastewater: On-Site Septic
Fire: Buckeye Valley Fire District
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.
Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification
Van Buren St. 40’ 65’ Principal Arterial
Adopted Plans:
9. White Tank/Grand Avenue Plan (Adopted: 2000): This plan identifies the subject area as
Small Lot Residential (2-5 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 applicant submitted a Public
Participation Results Report. No concerns were shared in the Results Report regarding the
SUP request. The City of Goodyear has not provided comments on this request.
Outstanding Concerns from Reviewing Agencies:
12. N/A
Staff Analysis:
13. Staff is supportive of this SUP interim industrial use request for a 10-year entitlement period.
The proposal meets most zoning district standards and there are adjacent properties to
the east and south with interim industrial uses and approved SUPs for such uses. Staff is in
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agreement with the proposed development standards that differ from Rural-43 zoning
regulations. The site would be adequately screened for the use where the adjacent
residential property to the west is separated by a wall and the 20’ wide ingress/egress
easement. This is also the case with the front setback reduction request to 30’ where there
is actually 50’ from the office building to the west property line when including the
ingress/egress easement.
Recommendation:
14. For the reasons outlined in this report, staff recommends the Commission motion for
Approval of Z2020020, subject to conditions ‘a’ – ‘i’.
a. Development of the site shall be in substantial conformance with the Site Plan
entitled “18503 W Van Buren Street”, consisting of 1 full-size sheet, dated stamped
received November 5, 2020, except as modified by the following conditions.
b. Development of the site shall be in substantial conformance with the Narrative
Report entitled “18503 W Van Buren Street”, consisting of 4 pages, dated stamped
received September 30, 2020 except as modified by the following conditions.
c. The following Engineering conditions shall apply:
1. Prior to the issuance of building permits, the Drainage Report will need to
provide the retention basin drain down calculations.
2. Prior to the issuance of building permits, the new building will need to be
elevated to be at or above the Flood Control District Pending Zone AE
Floodplain. The grading and elevation of the building will need to be
updated for the Building Permit.
3. Any changes, including internal improvements, to the buildings or site
disturbance will require a floodplain use permit from the District.
4. When building alterations reach the 50% substantial improvement
threshold, the entire structure must be brought into compliance with the
Floodplain Use Regulations (i.e. FFE at or above the regulatory flood
elevation or the (non-residential) structure must be flood proofed).
5. Van Buren Street is a MCDOT maintained roadway classified as a principal
arterial roadway. The MCDOT Right-of-Way (R/W) requirement for an
arterial roadway is 65 feet (half-width). Dedication of an additional 25 feet
of R/W (40 feet existing) will be required unless otherwise waived by MCDOT.
The ROW dedication must be completed before the Building Permit
approval.
6. The driveways along Van Buren Street must be paved for the full
width/length within the right-of-way. Driveways that access multiple
properties, such as the easement along the west property line, must have
a minimum width of 24-ft.
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7. The new driveways must connect in front of the block wall. A WB50 size truck
must be able to turn around using both driveways with the gates closed
and without backing into the MCDOT R/W.
d. The following Environmental Services condition shall apply:
1. Minor plan review for septic system – Notice of Intent to Discharge (NOID)
must be submitted and approved.
e. 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.
f. The following SUP development standards and requirements shall apply:
1. Screening Transparency: 55%
2. Setbacks: 30’ front (west)
3. Site Visibility Triangle (SVT): waive requirement for SVT west of ingress/egress
easement
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: Matthew Holm, AICP, Planning Supervisor
Attachments: Case Map (1 page)
Site Plan (reduced 8.5”x11”, 1 page)
Narrative Report (4 pages)
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Engineering comments (2 pages)
MCESD comments (1 page)
LAFB Email (1 page)
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