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Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: February 27, 2019 Case #/Title: Z2018076 – Dollar General at Jackrabbit Supervisor District: 4 Applicants/Owner: MPA Architects; Simone CRE / Melvin Family Revocable Living Trust Request: Zone Change from Rural-43 to C-1 CUPD Site Location: Approximately 650’ north of the NEC of Jackrabbit Tr. & McDowell Rd. in the Buckeye area Site Size: 1.26 acres County Island Status: N/A Additional Comments: There are no outstanding concerns from reviewing agencies. To date staff has received two letters of opposition (attached). The individuals also spoke in opposition to the case at the Commission hearing. Their concerns are regarding traffic along Jackrabbit Trail and drainage issues in the area. MCDOT has signed off on the traffic impact study submitted by the applicant and drainage requirements must be met prior to building permits being issued. It is anticipated site development will improve drainage conditions for the commercial property to the south (one of the opponents). Staff has suggested to the adjacent properties consider a shared access. Commission Recommendation: On 1/31/19, the Commission voted 8-0 to recommend approval of the Z2018076 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in conformance with the Narrative Report entitled “Dollar General Z2018076 Narrative Report”, consisting of 4 pages, dated December 16, 2018, and stamped received December 26, 2018, except as modified by the following conditions. b. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. February 27, 2019 Z2018076 Page 1 of 2 c. All buildings shall be subject to noise attenuation as per ARS § 28-8482(B) and Maricopa County requirements. d. Noncompliance with Maricopa County Regulations shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. e. 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 r 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. f. The following C-1 CUPD standards shall apply: 1. 6’ wood-slotted fencing adjacent to rural zoning district along the north and east property lines. g. 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 shall be required prior to establishment of any non-residential use that requires potable water. Presented by: Jaclyn Sarnowski, Planner Reviewed by: Darren Gerard, AICP, Deputy Director Attachment: 1/31/19 P&Z Packet (19 pages) 1/31/19 P&Z Handout (2 pages) Note: 1/31/19 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. February 27, 2019 Z2018076 Page 2 of 2 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2018076 – Dollar General at Jackrabbit Hearing Date: January 31, 2019 Supervisor District: 4 Applicant: MPA Architects / Leonardo Dale; Simone CRE / David Newton Owner: Melvin Family Revocable Living Trust Requests: Zone Change with Overlay from Rural-43 to C-1 Commercial Unit Plan of Development (CUPD) Site Location: Approximately 650’ north of the NEC of Jackrabbit Tr. & McDowell Rd. in the Buckeye area Site Size: 1.26 acres Density: N/A County Island: No County Plan: White Tank/Grand Ave. Area Plan – Industrial Municipal Plan: Buckeye – Business Commercial Municipal Comments: None received to date Support/Opposition: One letter of opposition Recommendation: Approve with conditions Z2018076 Page 1 of 7 Project Summary: 1. This request is for a zone change with overlay from Rural-43 to C-1 CUPD on approximately 1.26 acres for a Dollar General retail store. The site is located approximately 650’ from the NEC of Jackrabbit Tr. and McDowell Rd. in the Buckeye area. 2. The development will consist of a 9,100 sq. ft. retail store for Dollar General. The proposed building will be located in the north-central portion of the site, setback approximately 101’ from the site’s front property line (west), approximately 41’ from the east property line, 28’-7” from the north property line, and 86’ from the southern property line. The site meets all setback requirements from adjacent residential and commercial zoning districts. The site is required to provide 37 parking spaces (2 accessible) and one loading/unloading space, per the Maricopa County Zoning Ordinance (MCZO) parking requirements. The site meets this requirement. 3. The store will operate year round, Monday through Sunday, from 8:00 AM to 9:00 PM; however, actual hours of operation will be subject to change depending on retail demand. The store will employ approximately 8 – 10 employees. 4. A CUPD is requested to modify development standards of the C-1 zoning district for screening. The applicant is also proposing to utilize septic for the subject site instead of sewer. C-1 CUPD Development Standards C-1 Base Zoning District Proposed C-1 CUPD Standards Height 30’ 30’ Front Yard 10’ Except where abuts 10’ Except where abuts Residential zoning Residential zoning district 25’ district 25’ Side Yard 0’ Except where abuts 0’ Except where abuts Residential zoning district - Residential zoning district - 10’ 10’ Street Side Yard 10’ Except where abuts N/A Residential zoning district 20’ Rear Yard 0’ Except where abuts 0’ Except where abuts Residential zoning district Residential zoning district 25’ 25’ Minimum Lot Area 6,000 sq. ft. 54,885 sq. ft. Minimum Lot Width 60’ 183’ Lot Coverage 60% 60% Screening 6’ (h) solid screen wall 6’ Wood Slotted (Article 804.9.4.a) Fence adjacent to rural or residential zoning Z2018076 Page 2 of 7 5. Per the applicant the request for screening deviation is because there is an existing 6’ wooden fence on the east property line. The applicant would utilize this fencing and provide wooden fence along north property line as shown in site plan exhibit. The applicant wishes to install a wood fence in lieu of a block wall to match the existing wood fence that currently stands between the subject site and the residential neighbors. The adjacent / neighboring lot to the north where the wood fencing wall is being requested is currently zoned residential and is vacant but the applicant believes the site is likely to be re-zoned commercial. The proposed building is also setback 41’-4” from the east property line, also providing an additional buffer to the residential zoning district adjacent to the site. 6. It should be noted that since the applicant is proposing a site plan (required plan of development, POD) and although the zone change is a legislative approval, the POD is administratively approved. Therefore, POD approval is contingent upon prior rezoning approval. Zoning District of Subject Site Z2018076 Page 3 of 7 Aerial-photo of Subject Site Proposed Site-Plan Z2018076 Page 4 of 7 Existing On-Site and Adjacent Zoning / Land Use: 7. On-site: Rural-43 / Vacant North: Rural-43 / Vacant South: C-3 / Commercial business East: Rural-43 / Single-Family Residential West: Jackrabbit Tr. then City of Buckeye jurisdiction / Vacant Utilities and Services: 8. Water: Arizona Water Company Wastewater: Septic School Districts: Buckeye Union High School District / Liberty Elementary School District Fire: Buckeye Valley Fire District Police: Maricopa County Sheriff’s Department (MCSO) Right-of-Way: 9. 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 Jackrabbit Tr. 33’ 65’ Principal Arterial Adopted Plans: 10. White Tank / Grand Ave. Area Plan (adopted 2000): the site is within the White Tank/Grand Ave. Area Plan and is designated Industrial because of the close proximity to Interstate-10. However due to the lack of infrastructure needed for industrial zoning districts, this designation has yet to come to fruition. 11. Buckeye General Plan: City of Buckeye’s General Plan 2040, dated 2018 has the site designated as Business Commercial. The land use designation is described as areas that comprise both community and regional commercial development. This designation may also support professional offices and business parks. Development in Business Commerce may vary in intensity. Uses should have access to major roads and transit and should provide connections to Neighborhood areas, while also creating opportunities for walkability. Public Participation Summary: 12. The applicant complied with the Maricopa County Public Participation Process with the required posting of the property and notification by first class mail to the adjacent property owners within 300’ of the subject site and interested parties. Staff received one letter of opposition indicating concerns of increased traffic in the area and a concern for safety (attached). The applicant received a phone call from an adjacent neighbor inquiring if the site would request annexation to the City of Buckeye. The caller had concerns that adjacent properties would be annexed as well and wished to stay Z2018076 Page 5 of 7 unincorporated. The applicant provided staff with a “Citizen Participation Report” which explains that all requirements were met. 13. Staff received a letter from Luke Air Force Base (AFB) indicating the request would not have a negative impact on the flying operations at Luke AFB (attached). Through the Technical Advisory Committee (TAC) staff sent case materials to the City of Buckeye on September 5, 2018 for review and comment. Staff did not receive comments from the City of Buckeye. No additional correspondence was received. Outstanding Concerns from Reviewing Agencies: 14. N/A Staff Analysis: 15. Staff finds the proposed usage an acceptable use for the area. The subject site is adjacent to existing commercial zoning. Parking standards per the MCZO have been met. The applicant is requesting a deviation to the screening standards for commercial zoning district adjacent to a rural/residential zoning district and proposing to utilize the existing wood-slotted fence to the east and provide wood-slotted fencing to the north. The building is setback over 40’ from the east property line and no parking is directed in this direction. The adjacent property to the north is vacant. 16. The applicant is also proposing to use septic for the site. Sewer is available through the City of Buckeye, however per the applicant would require a pre-annexation agreement. The applicant as well as adjacent property owners would prefer to stay in the unincorporated jurisdiction of Maricopa County. The CUPD overly district would limit the site to uses only acceptable to MCESD that can be accommodated by septic systems. Recommendation: 17. For the reasons outlined in this report, staff recommends the Commission motion for Approval, subject to conditions ‘a’ – ‘g’. a. Development of the site shall be in conformance with the Narrative Report entitled “Dollar General Z2018076 Narrative Report”, consisting of 4 pages, dated December 16, 2018, and stamped received December 26, 2018, except as modified by the following conditions. b. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. c. All buildings shall be subject to noise attenuation as per ARS § 28-8482(B) and Maricopa County requirements. d. Noncompliance with Maricopa County Regulations shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. Z2018076 Page 6 of 7 e. 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 r 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. f. The following C-1 CUPD standards shall apply: 1. 6’ wood-slotted fencing adjacent to rural zoning district along the north and east property lines. g. 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 shall be required prior to establishment of any non-residential use that requires potable water. Presented by: Jaclyn Sarnowski, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Vicinity Map (1 page) Z2018076 Narrative Report (4 pages) Z2018076 Site Plan (1 page) Planning Engineering Memo (2 pages) Z2018076 MCESD Memo(1 page) Z2018076 Luke AFB letter(1 page) Z2018076 Email of Opposition (1 page) Z2018076 Page 7 of 7 Planning & Development Department DATE: January 31, 2019 TO: Planning & Zoning Commission FROM: Jaclyn Sarnowski, Planner SUBJECT: Z2018076 – Dollar General at Jackrabbit Since the writing of the staff report for the above case, staff has received an additional letter of opposition (attached). The letter addresses concerns regarding traffic in the area and drainage on the site. Attachment: Letter of Opposition (1 page) 502 N. 44th Street, Suite 200 Phoenix, AZ 85008 (602) 506-8150 (602) 506-3711 fax Internet: www.maricopa.gov/planning From: Kandy Smith To: Jaclyn Sarnowski Subject: Case z2018076 dollar general Date: Friday, January 25, 2019 7:24:21 AM Hi my name Is Roger Smith I live at 1812 N. 194th Ave., Buckeye, AZ I lot number is 502 Dash 67–007C I am writing because I don’t think it’s a good idea put that zone into the commercial that store will cost a lot more traffic on that road we already have a park-and-ride down the street and people are flying through the stop sign the way it is they would have to put a stop light at jackrabbit and McDowell and at the park and ride him at the freeway and get that down to 2535 our bar Chevron station way too much traffic the way it is right nowI’m also worried about the water standing in those storage areas are going to have around the buildings it’s going to stink bring bugs are in the overflow end up going into our yards thank you for reading my email thank you for your time Sent from my iPadroger Smith